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HomeMy WebLinkAbout17- Temporary Construction Easement - B. and M. Daly - Baxter and Cottonwood Roadway Improvements EKBI"" 2590907 Page: 1 of 4 08l29l2017 11:54:31 RM Fee: $28.©0 Charlotte Mills - Gallatin County, MT MISC _I I�IIIII(IIIII III(III IIIIIII IIIII III IIII(IIII(IIII IIIII('ll�ll('I IIII��III IIII IIII III Return to: DOWL 2090 Stadium Drive Bozeman, MT 59715 PROJECT NAME: BAXTER/ Bo2�'1t CITY OF BOZEMAN COTTONWOOD ROADWAY tip '� 9x Engineering Division IMPROVEMENTS c - e Public Works Department PROJECT#: 4535.11402.10 TEMPORARY CONSTRUCTION TCE#:2-1 AND 2-2 EASEMENT TEMPORARY CONSTRUCTION EASEMENT THE GRANTORS, BROOK V. DALY AND MICHELLE R. DALY, as joint tenants, whose address is 5141 Hamm Road, Belgrade, MT 59714, for and in consideration of Ten and No/100 - Dollars, and other valuable consideration, in hand paid, conveys and warrants to the CITY OF BOZEMAN, a Municipal Corporation of the State of Montana, with offices at 121 North Rouse Avenue, Bozeman Montana 59715, its successors and assignees, an unrestricted Temporary Construction Easement, over, and across the following described real property located in Gallatin County, Montana: A temporary construction easement to the City of Bozeman, on a tract of land in the SW1/4 of Section 34, Township 1 South, Range 5 East, M.P.M., Gallatin County, Montana, more particularly described as follows: Beginning at a point on the South line of said section, which said point bears East a distance of 248.6 feet from the southwest corner of said section; Thence North 10 25.9' west along the line of a metal post fence a distance of 246.8 feet to a point marked by a metal fence corner post; Thence North 890 53.6' East a distance of 392.8 feet to a point marked by a steel rod; Thence South 60 44.7' east along the foot of the West bank of a ditch a distance of 249.2 feet to a point marked by a steel rod in the South line of said section; Thence West along said South line a distance of 415.9 feet to the point of beginning. According to plat recorded in Book 148 of Deeds, Pages 206 and 207. Said temporary construction easement areas are depicted on Exhibit A attached hereto and more particularly described as: TCE 2-1: Beginning at the Southwest corner of the easement herein described, being a point on the North right-of-way of Baxter Lane, from which point the section corner common to Sections 33 and 34, T1S, R5E and Sections 3 and 4, T2S, R5E, P.M.M., bears S 87' 34' 56" W, 501.76 feet, said point of beginning; Thence, from said point of beginning, N 01° 00' 36" E, 20.00 feet; Thence, S 880 59' 24" E, 24.00 feet; Thence, S 01° 00' 36" W, 20.00 feet to the North right-of-way of Baxter Lane; Thence, N 88° 59' 25" W, 24.00 feet along the North right-of-way of Baxter Lane to the point of beginning, and containing 480 sgft., more or less and as shown on Exhibit A; CITY OF BOZEMAN PROJECT NAME:BAXTER/COTTONWOOD ROADWAY IMPROVEMENTS TCE 2-1 and 2-2 PROJECT#:4535.11402.10 Page 1 of 4 TCE 2-2- Beginning at the Southwest corner of the easement herein described, being a point on the North right-of-way of Baxter Lane, from which point the section corner common to Sections 33 and 34, T1S, R5E and Sections 3 and 4, T2S, R5E, P.M.M., bears S 88' 06' 12" W, 591.62 feet, said point of beginning; Thence, from said point of beginning, N 01' 00' 36" E, 7.00 feet; Thence, S 880 59' 24" E, 26.00 feet; Thence, S 01' 00' 36" W, 7.00 feet to the North right-of-way of Baxter Lane; Thence, N 880 59' 25" W, 26.00 feet along the North right-of-way of Baxter Lane to the point of beginning, and containing 182 sgft., more or less and as shown on Exhibit A; delineated as to said tract of land on the exhibit attached hereto and made a part hereof as Exhibit A of this instrument and designated as TCE 2-1 and 2-2. Said TCE's are hereby provided to the CITY OF BOZEMAN, for the purpose of reconstructing and/or regrading the private driveway approaches as necessary for the Baxter/ Cottonwood Roadway Improvements Project. Upon completion of said project for which access is hereby provided, the CITY OF BOZEMAN shall restore the property as nearly as possible to its original condition. The CITY OF BOZEMAN agrees to hold Grantor harmless from any and all liability that may result or arise from the exercise of the rights granted hereby. The Grantor hereby covenants with the CITY OF BOZEMAN that the Grantor has good title to the above- described tract of land, and covenants that the CITY OF BOZEMAN shall have quiet and peaceable possession thereof and use thereof during the period of the Temporary Construction Easement. This Temporary Easement is in effect for a period beginning the 1st day of construction on the property, and ending two (2) years later, at which time this easement shall expire and be of no force and effect. BROOK V. DALY AND MICHELLE R. DALY Broo V. Daly Michelle R. Daly CITY OF BOZEMAN PROJECT NAME: BAXTER/COTTONWOOD ROADWAY IMPROVEMENTS TCE 2-1 and 2-2 PROJECT*4535.11402.10 Page 2 of 4 ACKNOWLEDGMENT OF GRANTORS STATE OF Mol[--,vw ) ) ss County of rrti I1c,+M ) rH On this 11 day of 20_!:Z, before me, the undersigned, a Notary Public in and for the said State, personally ap4eared the Grantor, Brook V. Daly, known to me to be the identical individual who executed the foregoing instrument, who acknowledged to me that the individual executed the same as the free and voluntary act of said grantor, with full authority to do so and with full knowledge of its contents, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year above written. ON c ANTHONY GADDO Notary Public for the State of Montana -*_ Residing at: Notary Public in and for the State of .SQ;,e,t,. �= Bozeman, Montana My Commission Expires: ��IS 9 Qom': pF Mac ; My Commission Expires: January 30,2019 STATE OF Wb. ) ss County of C,11, On this 17tk day of 20_D before me, the undersigned, a Notary Public in and for the said State, personally appeaVed the Grantor, Michelle R. Daly, known to me to be the identical individual who executed the foregoing instrument, who acknowledged to me that the individual executed the same as the free and voluntary act of said grantor, with full authority to do so and with full knowledge of its contents, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year above written. E:: E '' ANTHONY GADDO OO,,% Notary Public �.o_for the State of Montanallota Public in and for the State of *_ Residing at: ry.,. Bozeman, Montana My Commission Expires:P�' My Commission Expires:� January 30,2019 CITY OF BOZEMAN PROJECT NAME:BAXTER/COTTONWOOD ROADWAY IMPROVEMENTS TCE 2-1 and 2-2 PROJECT#:4535.11402.10 Page 3 of 4 L1 N 01° 00' 36" E,20.00 FEET L2 S 88° 59' 24" E,24.00 FEET L3 S 01° 00' 36" W, 20.00 FEET Current Owner: L4 N 88' 59' 25" W, 24.00 FEET Brook V. Daly and L5 N 01° 00' 36" E, 7.00 FEET Michelle R. Daly L6 S 88° 59' 24" E, 26.00 FEET 4555 Baxter Lane L7 S 01° 00' 36"W, 7.00 FEET Bozeman, MT 59718 L8 N 88° 59' 25" W, 26.00 FEET \\ \\\ \\ SWY4 OF SEC. 34, \\ \\ \\ T1S, R5EEXISTING \\ \\\ \\\ \\\ PROPERTY \ LINE (TYP) \\\\\\ \TCE 2 2 \ \\\\\\\ \ \\\ \\\ \ \\\ \\\ TEMPORARY \\\\\\\\ \\\\\ \\\CONSTRUCTION \ \\\ \\\\ \ \ \ \ \ \ \\\\ \\\\ \\\\ \TEMPORARY \\\ \\\ \ \\\\ \ \\\\\\\\ \\\ TCE 2-1 \ \CONSTRUCTION \\\ \\\ \\\\ \ \EXISTING \\ EASEMENT \ \\\ \\ \\\ \ ROAD \\ \\\ \\\ \\\ \ \ \\\ \\RI HT-O WAY\\ \\\\\\\\\\\2 \\\\ \ \\ \\\ 1 \ BARTER LANE 111 PCCB 2-1 PTCE OB 2 2 1 R/W Legend ® Existing Road Right-of-Way New Temporary Construction ® a U 40 eo Easement IN SCALE IN FM Area Remaining I A temporary construction easement to the City of Bozeman, on a tract of land in the SW1/4 of Section 34, Township 1 South, Range 5 East, M.P.M., Gallatin County, Montana, more particularly described as follows: TCE 2-1: Beginning at the Southwest corner of the easement herein described, being a point on the North right-of-way of Baxter Lane, from which point the section corner common to Sections 33 and 34, T1S, R5E and Sections 3 and 4, T2S, R5E, P.M.M., bears S 87' 34' 56" W, 501.76 feet, said point of beginning; Thence, from said point of beginning, N 01' 00' 36" E, 20.00 feet; Thence, S 88' 59' 24" E, 24.00 feet; Thence, S 01° 00' 36" W, 20.00 feet to the North right-of-way of Baxter Lane; Thence, N 88' 59' 25" W, 24.00 feet along the North right-of-way of Baxter Lane to the point of beginning, and containing 480 sq. ft., more or less. TCE 2-2: Beginning at the Southwest corner of the easement herein described, being a point on the North right-of-way of Baxter Lane, from which point the section corner common to Sections 33 and 34, T1S, R5E and Sections 3 and 4, T2S, R5E, P.M.M., bears S 88' 06' 12" W, 591.62 feet, said point of beginning;'Thence, from said point of beginning, N 01° 00' 36" E, 7.00 feet; Thence, S 88' 59' 24" E, 26.00 feet; Thence, S 01° 00' 36" W, 7.00 feet to the North right-of-way of Baxter Lane; Thence, N 88' 59' 25" W, 26.00 feet along the North right-of-way of Baxter Lane to the point of beginning, and containing 182 sq.ft., more or less. ® Right of Way Required for Baxter Lane and PROJECT: 4535.11402.10 Cottonwood Road Roadway Improvements DATE: 6/9/2017 f�0 W L City of Bozeman, Montana EXHIBIT A �DB�d� ""'°"�;M— TCE 2-1 &2-2 Page 4 of