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Home My WebLink About17- Temporary Construction Easement - Montana Growth Opportunities, LLC - Baxter Lane Improvements (19th-7th Ave) KE8"1 2590908 Page: 1 of 3 08/29/2017 11:54:42 AM Fee: $21.00 Charlotte Mills - Gallatin County, MT MISc Return to: DOWL 2090 Stadium Drive Bozeman, MT 59715 PROJECT NAME: BAXTER LANE 802�'�3 CITY OF BOZEMAN IMPROVEMENTS 119TH-7TH) Engineering Division a Public Works De artment PROJECT#: 4535.11402.11 p g PARCEL#: 14 9rIN CO.t TEMPORARY CONSTRUCTION EASEMENT TEMPORARY CONSTRUCTION EASEMENT THE GRANTOR, MONTANA GROWTH OPPORTUNITIES, LLC, a Delaware Limited Liability Company, whose address is 600 South Main Street, Butte, MT 59701, 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: Lot 1 B and Lot 2B of the amended subdivision plat of Gardner-Simmental Plaza Subdivision, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. [Plat J-5-C]. Said temporary construction easement is depicted on Exhibit A attached hereto and more particularly described as: Beginning at the Southeast corner of Lot 2B and 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 35 and 36, T1S, R5E, and Sections 1 and 2, T2S, R5E, P.M.M., bears S 790 59' 10" E, 254.78 feet, said point of beginning; Thence, from said point of beginning, N 89' 01' 07"W, 141.08 feet along the North right-of-way of Baxter Lane; Thence, N 00' 58' 53" E, 16.00 feet; Thence, S 89' 01' 07" E, 96.24 feet; Thence, N 01' 33' 29" E, 24.00 feet; Thence, S 89' 01' 07" E, 45.00 feet to the East line of Lot 213; Thence, S 01' 33' 29" W, 40.00 feet along the East line of Lot 2B to the North right-of-way of Baxter Lane and to the point of beginning, and containing 3,339 sqft., 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 Parcel 14. Said parcel, containing 3,339 square feet, more or less, is hereby provided to the CITY OF BOZEMAN, for the purpose of constructing and/or improving a public street, highway, walkway, trail and/or electric, telephone or telecommunications, gas, water, sewer, drainage, or other utility transmission or distribution facilities as necessary for the Baxter Lane Improvements (19th-7th) 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 CITY OF BOZEMAN PROJECT NAME:BAXTER LANE IMPROVEMENTS(19TH-7TH) Parcel 14 PROJECT#:4535.11402.11 Page 1 of 3 y , 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. MONTANA GROWTH OPPORTUNITIES, LLC, a Delaware Limited Liability Company qaarrt �LF;/J iel enneally, Manager of Montana Growth Opportunities, LLC ACKNOWLEDGMENT OF GRANTOR STATE OF LL1UIL��L11�� ss County of ' y On this��day of IfthA 20�, before me, the undersigned, a Notary Public in and for the said State, personally appe red the Grantor, Daniel Kenneally, Manager of Montana Growth Opportunities, LLC, 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. JILL HAMRY NOTARY PUBLIC for the Nota ublic in and for the St o 2°s State of Montana My Commission Expires: SEAL Residing at Butte,Montana My Commission Expires May"',020 CITY OF BOZEMAN PROJECT NAME:BAXTER LANE IMPROVEMENTS(19TH-7TH) Parcel 14 PROJECT#:4535.11402.11 Page 2 of 3 Current Owner: LOT 2B OF THE AMENDED Montana Growth SUBDIVISION PLAT OF Opportunities, LLC GARDNER-SIMMENTAL PLAZA SUBDIVISION SEC. 35, T1S, R5E \`,EXISTING SEWERT\' .`.`.AND WATER PIPEACCESS EASEME\`(DOC. 2574074),`\ \ \ \ L1 N 89°01' 07"W, 141.08 FEET L2 N 00°58' 53" E, 16.00 FEET \'EXISTING ` ` ` ` ` �� PROPERTY\`�`�`��` L3 S 89' 01' 07" E, 96.24 FEET `\`\`,LINE (TYP)\\�� L4 N 01°33'29" E, 24.00 FEET �� L5 S 89001' 07" E, 45.00 FEET L6 S 01°33' 29"W, 40.00 FEET PARCEL 14 TCE NEW TEMPORARY CONSTRUCTION EASEMENT V, _ U) POB R/W Legend Existing Road Right-of-Way JN New Temporary Construction Easement n Area Remaining so o so ioo SCALE IN FEET Lot 1 B and 2B of the amended subdivision plat of Gard ner-Simmental Plaza Subdivision, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. [Plat J-5-C]. Said temporary construction easement is more particularly described as: