HomeMy WebLinkAbout17- Temporary Construction Easement - Decosse Westgate Partnership, L.P. - N. 7th Ave Lighting Improvements 2592642
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2090 Stadium Drive
Bozeman, MT 59715
o2rr PROJECT NAME: NTH 7TH AVE.
CITY OF BOZEMAN LIGHTING IMPROVEMENTS
Engineering Division
Public Works Department PROJECT#: 4524.11402.03
8 a� PARCEL M EE
9T'H co.M0 TEMPORARY CONSTRUCTION 'Ah,
EASEMENT D O W L
THE GRANTOR(S), DECOSSE WESTGATE PARNTERSHIP, L.P., a Montana Limited Partnership,
whose address is 2120 Chambers Drive, Bozeman MT 59715, 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, Grantee and to its successors and assignees, an unrestricted Temporary
Construction Easement across a 25 foot wide strip of land, over, and across the following described real
estate:
A Temporary Construction Easement, the east line of which is coincident with the west line of a public
access and utility easement lying in Tract 7, Durston Subdivision, situated in the NE1/4 of Section 12,
Township 2 South, Range 5 East, Principal Meridian, Gallatin County, Montana;
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 EE. Said parcel, containing 5,628.38 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 Nth 7th Ave. Lighting 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 list 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.
CITY OF BOZEMAN PROJECT NAME:NTH 7TH AVE.LIGHTING IMPROVEMENTS Parcel EE
PROJECT#:4524.11402.03 Page 1 of 2
DECOSSE WESTGATE PARNTERSHIP, L.P.
Na e:
Title: ci",
ACKNOWLEDGMENT OF GRANTOR(S)
STATE OF ), T )
)ss
County of �(1)
On this 'day of }-'�J `� 20L before me, the undersigned, a Notary Public in and for
the said State, personally appeared the Grantor, the
of DECOSSE WESTGATE PARNTERSHIP, L.P., a
Montana Limited Partnership, 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.
�+Rfc; LEA RIGGS _\
a01 NOTARY PUBLIC for the �
SEAL St&te of Montana
Residin;q at he<ena.Montana tarry Public in and for the toe of
o M My Commission Expires My Commission Expires:
March 11,2020
CITY OF BOZEMAN PROJECT NAME:NTH 7TH AVE.LIGHTING IMPROVEMENTS Parcel EE
PROJECT#:4524.11402.03 Page 2 of 2
EXHIBIT
A TEMPORARY CONSTRUCTION EASEMENT, THE EAST LINE OF WHICH IS COINCIDENT WITH THE WEST LINE OF A
PUBLIC ACCESS AND UTILITY EASEMENT LYING IN TRACT 7, DURSTON SUBDIVISION, SITUATED IN THE NE1/4 OF
SECTION 12, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA.
VILLARD ST. OWNER INFORMATION(CURRENT AS OF PRINTED DATE):
DECOSSE WESTGATE PARTNERSHIP LP
/ C N88025'07"W— ' ' ;'{� 2120 CHAMBERS DR.
�'` BOZEMAN,MT.59715
25.00
�R
_ AREA=5628.38 SQ FT
TRI
t LEGEND:
0
PROPERTY BOUNDARY
I \� PROPOSED EASEMENT
;:'• / f• (TFMPORARY CONSTRUCTION EASEMENT)
V
LIMITS OF CONSTRUCTION WORK
��S1 004'58"W j O-� PROPOSED LUMINAIRE
225.14' PROPOSED CONCRETE
> -+,
g'� � V`��'• PROPOSED ASPHALT
PROPOSED BOULEVARD
�n z�
A;
O - W
PROPOSED 25.0' TEMPORARY y :.
p CONST.EASEMENT(SAVING I ' '
�
AND EXCEPTING EXISTI G M• ", N ? . �1
BUILDING STRUCTU ES) tiv; ? • ; ;
cn ----LIMITS OF •, .,.r ., .z �
CONSTRUCTION WORK
r4 .:
PROPOSED 8.00'PUBLIC ACCESS 'L•`
AND UTILITY EASEMENT
225.13'
la
S88027'25"E ' N88027'2511W
25.00' 8.00' 0 30
r•F
IN FEET
315 N.25th Street,Suite 102 DRAWN BY: KOJ NORTH 7TH AVENUE PROJECT NO.
■: Morrison Billings,MT 59101 STREETSCAPE IMPROVEMENTS O417.063
DSGN.BY: KDJ BOZEMAN MT
M a i e r l e v 406.656.6000 AppR.BY: JCW
FIGURE NUMBER
® www.m-m.ne[ DATE:03/15117
engineers•surveyors•planners.scientists EXHIBIT A A
LGPVRIGM 91.IORFiI50N-IAWERLE,INC-201]
N:\04171063WCAD\Exhibits\EASEMENTS-H-II-2015.dwg Plotted by kevin d.jacobsen on Jun/2/2017