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Home My WebLink About17- Temporary Construction Easement - J. Swenson - Oak Street Roadway Improvements, Parcels 6-2 and 6-3 MONTAN00)TyL�E�AND ESCROW PLATTED I 2578259 Page: 1 of 3 04l27l2017 12:31:42 PM Fee: $21.00 Return to: Charlotte Mills - Gallatin County, MT MISC DOWL I IIIIIII IIIIII III IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIII IIIIIII III IIIII IIIII IIII IIII 2090 Stadium Drive Bozeman, MT 59715 /F 132M. PROJECT NAME:OAK STREET y� CITY OF BOZEMAN ROADWAY IMPROVEMENTS 9ya Engineering Division Public Works Department PROJECT#: 4524.11402.05 _ PARCEL#:6-2 AND 6-3 o. � TEMPORARY CONSTRUCTION EASEMENT TEMPORARY CONSTRUCTION EASEMENT THE GRANTOR(S), JANET M. SWENSON, whose address is 4959 Durston Road, Bozeman, MT 59718, as owner of the property described below, and its/their successors and assigns for good and valuable consideration, 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, two unrestricted Temporary Construction Easements, over, and across the following described real estate: Temporary construction easements to the City of Bozeman, on Tract 1A of Certificate of Surrey No. 2007, located in the E'/SEY4 of Section 3, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana, more particularly described as follows and as shown on Exhibit A; PARCEL 6-2 Beginning at the Northeast corner of the easement herein described, being a point on the South right- of-way of Oak Street, from which point the east quarter corner of Section 3, T2S, R5E, P.M.M., bears N 83° 40' 55" E, 545.03 feet, said point of beginning; Thence, from said point of beginning, S 00' 00' 08"W, 30.00 feet along the South right-of-way of Oak Street; Thence, N 89' 59' 52"W, 122.38 feet to the West line of said tract; Thence, N 01° 16' 59" E, 30.01 feet along the West line of said tract to the South right-of-way of Oak Street; Thence, S 89' 59' 52" E, 121.71 feet along the South right-of-way of Oak Street to the point of beginning, and containing 3,661 sqft., more or less and as shown on Exhibit A; PARCEL 6-3 Beginning at the Southeast corner of the easement herein described, being a point on the South right-of-way of Oak Street, from which point the East quarter corner of Section 3, T2S, R5E, P.M.M., bears N 05' 30' 52" E, 279.18 feet, said point of beginning; Thence, from said point of beginning, S 75° 04' 25" W, 30.00 feet; Thence along a curve to the RIGHT, having a radius of 1,021.00 feet, a delta angle of 08' 26' 38", and whose long chord bears N 10' 42' 16" W a distance of 150.33 feet; Thence along a curve to the LEFT, having a radius of 54.00 feet, a delta angle of 830 30' 55", and whose long chord bears N 480 14' 24" W a distance of 71.93 feet; Thence, N 890 59' 52" W, 354.33 feet to the South right-of-way of Oak Street; Thence, N 00' 00' 08" E, 30.00 feet along the South CITY OF BOZEMAN PROJECT NAME:OAK STREET ROADWAY IMPROVEMENTS Parcel 6-2 and 6-3 PROJECT*:4524.11402.05 Page 1 of 3 right-of-way of Oak Street; Thence, S 89' 59' 52" E, 354.33 feet along the South right-of-way of Oak Street; Thence along a curve to the RIGHT, having a radius of 84.00 feet, a delta angle of 830 30' 55", and whose long chord bears S 48' 14'24" E a distance of 111.88 feet along the South right-of-way of Oak Street;Thence along a curve to the LEFT, having a radius of 991.00 feet, a delta angle of 08' 26' 38", and whose long chord bears S 100 42' 16" E a distance of 145.91 feet along the south right-of- way of Oak Street to the point of beginning, and containing 18,095 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 Parcels 6-2 and 6-3. Said parcels are 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 Oak Street 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. A release of easement will be recorded at the conclusion of the project. JANET M. SWENSON `24r-,J,/J,�z �� A , J net M. Swe son ACKNOWLEDGMENT OF GRANTOR STATE OF ) ) ss County of Q-Attah�. ) On this 1T day of KzrcJ-% 20.q before me, the undersigned, a Notary Public in and for the said State, personally appeared the Grantor,Janet M. Swenson, 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. WILLIAM S DOCKINS Notary Public _ =3_NpSARJ,q4?u, for the State of Montana Notary it ands the State of o"�o.+tcna Residing at: ry Bozeman, Montana My Commission Expires: tea► it. �� T My Commission Expires: May 16,2020 CITY OF BOZEMAN PROJECT NAME:OAK STREET ROADWAY IMPROVEMENTS Parcel 6-2 and 6-3 PROJECT#:4524.11402.05 Page 2 of 3 l' U W EXISTING OAK STREET p g OVERHEAD UTILITY POB EASEMENT J r:' :':v.'i:'.r::....:..::. ........ ... ...... ... .... \\\ PARCEL 6-2 TCE `\\`NEW TEMPORARY EXISTING ROADCONSTRUCTION \\�•��``�\``\�\`\�\```:;:;:;:;. \ \\` \`\\\\\\\EASEMENT RIGHT-OF- \\\\\\\�` \\\\�\\\ WAYIPOB \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\.\\\\.\\\\\\\\\\\\\\ I \��\`:�\`\.\`\\\\`\\\`,\\\\\\\PARCEL 6-3 TCE` \ \ EXISTING \\TRACT 1A OF COS 2007 \\\NEW TEMPORARY \\` \�- PROPERTY \\ \ \\ \\ \\ LINE \``�` SEC. 3 T2S, R5E \\`'CONSTRUCTION \\\\\\\\\\\\,\\\\EASEMENT L5 S 75° 04' 25" W, 30.00 feet Current Owner: R1 R = 1,021.00 feet, A = 08'26'38", Janet M. Swenson LC = N 10' 42' 16" W, 150.33 feet 4959 Durston Rd. R2 R = 54.00 feet, A = 83' 30'55", Bozeman, MT 59718 LC = N 48' 14' 24" W, 71.93 feet L6 N 89° 59' 52" W, 354.33 feet L1 S 00° 00' 08" W, 30.00 FEET L7 N 00° 00' 08" E, 30.00 feet L2 N 89' 59' 52" W, 122.38 FEET L8 S 89° 59' 52" E, 354.33 feet L3 N 01° 16' 59" E, 30.01 FEET R3 R = 84.00 feet, A = 83' 30' 55", L4 S 89° 59' 52" E, 121.71 FEET LC = S 48' 14' 24" E, 111.88 feet R4 R = 991.00 feet, A = 08' 26'38", LC = S 10' 42' 16" E, 145.91 feet R/W Legend ® Existing Road Right-of-Way 150 0 75 150 New Temporary Construction Easement SME IN FM7 Area Remaining I N Temporary construction easements to the City of Bozeman, on Tract 1A of Certificate of Survey No. 2007, located in the E'/SE'/4 of Section 3, T2S, R5E, P.M.M., Gallatin County, Montana, more particularly described as follows; PARCEL 6-2 Beginning at the Northeast corner of the easement herein described, being a point on the South right-of-way of Oak Street, from which point the east quarter corner of Section 3, T2S, R5E, P.M.M., bears N 83' 40' 55" E, 545.03 feet, said point of beginning; Thence, from said point of beginning, S 00° 00' 08" W, 30.00 feet along the South right-of-way of Oak Street; Thence, N 89' 59' 52" W, 122.38 feet to the West line of said tract; Thence, N 01° 16' 59" E, 30.01 feet along the West line of said tract to the South right-of-way of Oak Street; Thence, S 89' 59' 52" E, 121.71 feet along the South right-of-way of Oak Street to the point of beginning, and containing 3,661 sqft., more or less. PARCEL 6-3 Beginning at the Southeast corner of the easement herein described, being a point on the South right-of-way of Oak Street, from which point the East quarter corner of Section 3, T2S, R5E, P.M.M., bears N 05' 30' 52" E, 279.18 feet, said point of beginning; Thence, from said point of beginning, S 75° 04' 25" W, 30.00 feet; Thence along a curve to the RIGHT, having a radius of 1,021.00 feet, a delta angle of 08' 26' 38", and whose long chord bears N 10' 42' 16" W a distance of 150.33 feet; Thence along a curve to the LEFT, having a radius of 54.00 feet, a delta angle of 83' 30' 55", and whose long chord bears N 48' 14' 24" W a distance of 71.93 feet; Thence, N 890 59' 52" W, 354.33 feet to the South right-of-way of Oak Street; Thence, N 00° 00' 08" E, 30.00 feet along the South right-of-way of Oak Street; Thence, S 89' 59' 52" E, 354.33 feet along the South right-of-way of Oak Street; Thence along a curve to the RIGHT, having a radius of 84.00 feet, a delta angle of 83' 30' 55", and whose long chord bears S 48' 14' 24" E a distance of 111.88 feet along the South right-of-way of Oak Street; Thence along a curve to the LEFT, having a radius of 991.00 feet, a delta angle of 080 26' 38", and whose long chord bears S 10' 42' 16" E a distance of 145.91 feet along the south right-of-way of Oak Street to the point of beginning, and containing 18,095 sqft., more or less. ® Right of Way Required for Oak Street and PROJECT: 4524.11402.05 Davis Lane Roadway Improvements DATE; 12/152016 D O W LL City of Bozeman, Montana EXHIBIT A �8&8' 0i1Ye �"a""'d '15 PARCELS 6-2&6-3 Page 3 of 3