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HomeMy WebLinkAbout17- Temporary Construction Easement - L & D Properties, LLC - N. 7th Ave Lighting Improvements PLATTED 2593397 Page: i of 4 09/21/2017 09:13:47 RM Fee: $28.00 Return to: IIIIIIIIIIIIIIte mills -III�����������������IIIIIIIII����������������������III1111IN latin County, MT MISC DOWL 2090 Stadium Drive Bozeman, MT 59715 s PROJECT NAME: NTH 7TH AVE. so2� CITY OF BOZEMAN LIGHTING IMPROVEMENTS Engineering Division PROJECT#: 4524.11402.03 Public Works Department '@ 8 ==`==,�� PARCEL M L 9r�N CO.d►O� TEMPORARY CONSTRUCTION A, EASEMENT DOWL TEMPORARY CONSTRUCTION EASEMENT THE GRANTOR(S), L & D PROPERTIES, LLC., a Montana Limited Liability Company, whose address is 426 North 7th Avenue, Bozeman, Montana 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 west line of which is coincident with the east line of a public access and utility easement lying in Lot 15 and the south 10 feet of Lot 16, Block 3, the Violett Addition, 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 L. Said parcel, containing 1,500 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 L PROJECT#:4524.11402.03 Page 1 of 3 L & D PROPERTIES, LLC. L & D P PER ES L 4J Name: 7e,wn,S $ Name: Ino �/ c,✓ Title: /V�t1 Title: n C ACKNOWLEDGMENT OF GRANTOR(S) STATE OF wCowFw+�c) ) ss County of 61A k4 ) b On this IS' day of C,4a-pFY, zv-, 20 I'l, before me, the undersigned, a Notary Public in and for the said State, personally -appeared the Grantor, "V1,s S,,„tk.L the VA-e.i c h+ t?.,�- of L & D PROPERTIES, LLC., a Montana flimited Liability Company, k—nowrii 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 official seal this day and year above written. IBM ANTHONY GADDO Notary Public in and for the State ofNotary Public My Commission Expires: 3� f1 for the State of Montana Residing at:Bozeman, MontanaMy commission 30,2019�res: CITY OF BOZEMAN PROJECT NAME:NTH 7TH AVE.LIGHTING IMPROVEMENTS Parcel L PROJECT#:4524.11402.03 Page 2 of 3 ACKNOWLEDGMENT OF GRANTOR(S) STATE OF M.,, wr) � ) ss County of h1 ) On this )8 today of �9--P-Iz ov , 2017, before me, the undersigned, a Notary Public in and for the said State, personally appeared the Grantor, SrA ✓ the G��vwti ��,•� � of L & D PROPERTIES, LLC., a Mon ana 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. ,,"�oNY Gqo ANTHONY GADDO No ry Public in and for the State of Luton 4rvle, c'.•' ' O - Notary Public o7nRi �.o: My Commission Expires: t/3o�1'j _ �+�, _for the State of Montana *' Residing at: IS SF.A�'•�Q` Bozeman, Montana P; o �; My Commission Expires: F MO "I ..... January 30,2019 CITY OF BOZEMAN PROJECT NAME:NTH 7TH AVE.LIGHTING IMPROVEMENTS Parcel L PROJECT#:4524.11402.03 Page 3 of 3 EXHIBIT 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 15 AND THE SOUTH 10 FEET OF LOT 16, BLOCK 3,THE VIOLETT ADDITION, 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): L&D PROPERTIES LLC. 426 N.7TH AVE. BOZEMAN,MT.59715 y,..l AREA=1500 SQFT W 18 LEGEND: PROPERTY BOUNDARY PROPOSED EASEMENT i.:•, (TEMPORARY CONSTRUCTION EASEMENT) • LIMITS OF CONSTRUCTION WORK •y }"� �-O�11 PROPOSED LUMINAIRE ' PROPOSED CONCRETE •p. ,.•, c�� PROPOSED ASPHALT Z I :;:r,.'• PROPOSED BOULEVARD :: WI_ ;'.. SOT A6 t S88023'59"E W 25.00' PROPOSED 8.0'PUBLIC ACCESS _ AND UTILITY EASEMENT :!F SOUTH 10 FEET N I I t•:� CD OF LOT 16 ILL. O CD O I o CD LOT 15 F- z c� Z LIMITS OF O Y w CONSTRUCTION >o o Q j tr WORK w Q m a N0°54'43"E ''%' PROPOSED 25.0'TEMPORARY CONST. EASEMENT(SAVING AND EXCEPTING 60.00 EXISTING BUILDING STRUCTURES) N88023'59"W 25.00' S8802359"E 8.00' 0 30 ( IN FEET NORTH 7TH AVENUE Morrison v 315 N.ge,21thMT 91111 Suite 102 DRAWN BY: KDJ STREETSCAPE IMPROVEMENTS PROJECTS Billings,MT 59101 0417.063 DSGN,BY: KDJ M a i e r l e � 406.656.6000 APPR.BY: JCW BOZEMAN MT FIGURE NUMBER ® wvnv.m-m.net DATE:03I15117 engineers.surveyors•planners.scientists l.I EXHIBIT A e COPYRIGFfr€'I.IORRI50lf-NERLE.INF,201] 1, N:\0417\063tACAD\Exhibits\EASEMENTS-H-II-2015.dwg Plotted by kevin d.jacobsen on Jun/W017