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HomeMy WebLinkAbout17- Temporary Construction Easement - Eckroth Plaza Montana, LLC - N. 7th Ave Lighting Improvements 2592639 �LHTTED Page: 1 of 3 09/13/2017 11:47:44 AM Fee. $21.00 Charlotte Mills - Gallatin County, MT MISC Return to: 1111111111111 IN 111111111111111111111111111111111111 EI IN DOWL 2090 Stadium Drive Bozeman, MT 59715 PROJECT NAME: NTH 7TH AVE. CITY OF BOZEMAN LIGHTING IMPROVEMENTS ci C \--! 9x:. Engineering Division Public Works Department PROJECT#: 4524.11402.03 88 ��' PARCEL M T qT�NCO.M°� TEMPORARY CONSTRUCTION EASEMENT DOWN THE GRANTOR(S), ECKROTH PLAZA MONTANA, LLC., a North Dakota Limited Liability Company, whose address is 1665 North Grandview Lane, Suite 102, Bismark, ND 58503-0877, 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 15 foot wide strip of land, over, and across the following described real estate: A Temporary Construction Easement, the west line of which is coincident with the east line of a public access and utility easement lying in Lot 20, Tracy's 2nd Addition, Block E, 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 T. Said parcel, containing 2,083.75 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 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. CITY OF BOZEMAN PROJECT NAME:NTH 7TH AVE.LIGHTING IMPROVEMENTS Parcel T PROJECT#:4524.11402.03 Page 1 of 2 WPLECKROHMONTANA, LLC. RLAI- ACKNOWLEDGMENT OF GRANTOR(S) STATE OF T r� )ss County of On this j'-day of v 20_a, before me, the undersigned, a Notary Public in and for the said St9te, personQ appeared the Grantor, the yus"4J L► + of ECKROTH PLAZA M NTANA, LLC., a North Dakota Limited Liability Company, 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. Nota Public in and for th State V N 0— My Commission Expires: `l.�S. 20 TAMARA KAUTZMAN Notary Public State of North Dakota My Commission Expires April 25,2020 CITY OF BOZEMAN PROJECT NAME:NTH 7TH AVE.LIGHTING IMPROVEMENTS Parcel T PROJECT*4524.11402.03 Page 2 of 2 EXHIBIT A A TEMPORARY CONSTRUCTION EASEMENT, THE WEST LINE OF WHICH IS COINCIDENT WITH THE EAST LINE OF A PUBLIC ACCESS AND UTILITY EASEMENT LYING IN LOT 20, TRACY'S 2ND ADDITION, BLOCK E, SITUATED IN THE NE1/4 OF SECTION 12, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA. OWNER INFORMATION(CURRENT AS OF PRINTED DATE): ECKROTH PLAZA MONTANA LLC. 1655 N.GRANDVIEW LANE,STE.102 BISMARCK,ND.58503-0877 Z I AREA=2083.75 SQFT ,( S89°04'27"E w II8.00' ` •!: I I I LEGEND: N89°04'27"W PROPERTY BOUNDARY 1 vGv:•'r. 15.00' 201 ALLEY PROPOSED EASEMENT •-x; F• (TEMPORARY CONSTRUCTION EASEMENT) ...... I L j 1� LIMITS OF CONSTRUCTION WORK ZD PROPOSED LUMINAIRE I �:i ; ;:,.:..;• PROPOSED CONCRETE PROPOSED ASPHALT LL1 ^. PROPOSED 15.0'TEMPORAR CONST. o_ EASEMENT SAVING AND EX EPTING ~ ;`'' ❑ PROPOSED BOULEVARD ^ t'•: EXISTING B ILDING STRUCT RES) ¢ uw C2 VJ p U U 4 ter. I N 0 Q � m � LIMITS OF >- d ...• CONSTRUC FION WORK PROPOS D 8.0'PUBLIC A CESS ~ AND UTILITY EASEMENT �I4•. .` 1..`i S1°17'27"W �N1 017'27"E 135.90'r. J �� 139.94' S89°02'48"E 4.08' L 11.79, R=20.01 ° 5'5011 MENDENHALL ST. DZEMAN 241 0 30 / ( IN FEET ) NORTH 7TH AVENUE PROJECT NO. Morrison v 315N,MT 5910,Suite 102 DRAWN BY: KDJ STREETSCAPE IMPROVEMENTS 0417.063 Billings,MT 9101 DSGN.BY: KDJ � M a i e r l e ` aos.sss s000 APPR.BY: JCW BOZEMAN MT FIGURE NUMBER ® vmiw.m-m.ne[ DATE:03/15/17 engineers.surveyors•planners•scientists G COP EXHIBIT A e IRIGlR� lAGRR15ONJAA�ERLE,INC.,]01] 1 1 NA0417T063WCAD1Exhibits\EASEMENTS-H-II-2015.dwg Plotted by kevin d.jacobsen on Jun22017