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Home My WebLink About17- Temporary Construction Easement - Montana Keystone Ventures, LLC - Baxter Lane Improvements (19th-7th) PLATTED v 2595716 Return t0: Page: 1 of 3 10/13/2017 0351:42 PM Fee: $21.00 DOWL Charlotte Mills - Gallatin County, MT MISC DO Stadium Drive ��III��IIIIIIIIIIIIIIN III, 111111,11,1111,11,111,III�,,,11111,111,,�,,1Ig Bozeman, MT 59715 so2� PROJECT NAME: BAXTER LANE CITY OF BOZEMAN IMPROVEMENTS(19TH-7TH) 1 Engineering Division PROJECT#: 4535.11402.11 ° w Public Works Department 'rt 8 PARCEL#: 16-4 CO. °`' TEMPORARY CONSTRUCTION EASEMENT TEMPORARY CONSTRUCTION EASEMENT THE GRANTOR, MONTANA KEYSTONE VENTURES, LLC, a South Carolina Limited Liability Company, whose address is 17 Lockwood Drive, Suite 400, Charleston, SC 29401, 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 6A of PT Land Phase 2 Subdivision, 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-498]. Said temporary construction easement is depicted on Exhibit A attached hereto and more particularly described as: Beginning at the Northeast corner of the easement herein described, being a point on the South right- of-way of Baxter Lane, from which point the intersection of the South right-of-way of Baxter Lane and the West right-of-way of North 11 th Avenue, as shown on Plat J-489, bears S 630 15' 46" E, 142.23 feet, said point of beginning; Thence, from said point of beginning, S 260 44' 14" W, 10.00 feet along South right-of-way of Baxter Lane; Thence, N 63' 15' 46"W, 54.56 feet; Thence, along a curve to the RIGHT, having a radius of 4,373.60 feet, a delta angle of 070 40' 08", and whose curve length is 585.39 feet; Thence, N 69' 20' 45" W, 20.91 feet; Thence, along a curve to the RIGHT, having a radius of 4,372.50 feet, a delta angle of 01' 23' 31", and whose curve length is 106.23 feet; Thence, N 530 59' 34" W, 48.48 feet to the South right-of-way of Baxter Lane; Thence, N 340 53' 08" E, 10.00 feet along the South right-of-way of Baxter Lane; Thence, S 53' 59' 34" E, 48.68 feet along the South right-of-way of Baxter Lane; Thence, along a curve to the LEFT, having a radius of 4,362.50 feet, a delta angle of 010 22' 33", and whose curve length is 104.76 feet along the South right-of-way of Baxter Lane; Thence, S 69' 20' 45" E, 20.90 feet along the South right-of-way of Baxter Lane; Thence, along a curve to the LEFT, having a radius of 4,363.60 feet, a delta angle of 070 41' 05", and whose curve length is 585.26 feet along the South right-of-way of Baxter Lane; Thence, S 630 15'46" E, 54.56 feet along the South right-of-way of Baxter Lane to the point of beginning, and containing 8,149 sqft., more or less and as shown on Exhibit A; CITY OF BOZEMAN PROJECT NAME: BAXTER LANE IMPROVEMENTS(19TH-7TH) Parcel 16-4 PROJECT#:4535.11402.11 Page 1 of 3 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 16-4. Said parcel, containing 8,149 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 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 KEYSTONE VENTURES, LLC, a South Carolina Limited Liability Company r -fi ame: Title: Af Gvx�le ACKNOWLEDGMENT OF GRANTOR STATE OF t4h ) ss County of ) On this day oftl�rl��- , 20 before me, the undersigned, a No Public in and for the said State,�� personally appeared the Grantor,' , '�, � � I�l I V bpl; - of MONTANA KEYSTONE VENTURES, LLC, a South Carolina 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 hwmebpreunto set my hand and affixed my official seal this day and year above written. 27 t 5T for e ate of SaLrM r- Ah :l,'•w�, ommission Expires: rJ�' CITY OF BOZEMAN PROJECT NAME: BAXTER LANE IMPROVEMENTS(19TH-7TH) Parcel 16-4 PROJECT#:4535.11402.11 Page 2 of 3 Current Owner: Montana Keystone V entures, LLC z / 4 � IZA V PARCEL 16-4 `\`,`\`.NEW TEMPORARY .`\`\`\`\`\`\`\\\` -CONSTRUCTION \\\\\ EASEMENT'\'\'\\\ � � � � � � � 'EXISTING � \PROPERTY LOT 6A OF PT LAND ,`�`�`�`�`�` `�`�`\LINE (TYP);\�� \\\\\PHASE 2 SUBDIVISION�� SEC. 1, T2S, R5E \`\`,`EXISTING \`\`\`\ \` `\`\`\` w ��\\PUBLICUTILITY .�� ` � Z EASEMENT /� W O > zQ L1 S 26°44' 14"W, 10.00 FEET L2 N 63° 15'46"W, 54.56 FEET R2 R = 4,373.60 FEET, 0= 07°40' 08", so o so ioo L= 585.39 FEET SCALE IN FEET ® L3 N 69°20'45"W, 20.91 FEET 1 N R2 R = 4,372.50 FEET, 0 = 01°23' 31", L = 106.23 FEET R/W Legend L4 N 53059' 34"W, 48.48 FEET L5 N 34°53' 08" E, 10.00 FEET L6 S 53°59' 34" E, 48.68 FEET Existing Road Right-of-Way R2 R= 4,362.50 FEET, L= 01° 22' 33", L = 104.76 FEET New Temporary Construction L7 S 690 20'45" E, 20.90 FEET Easement R2 R = 4,363.60 FEET, ,L = 07°41' 05", Area Remaining L = 585.26 FEET L8 S 63015'46" E, 54.56 FEET Lot 6A of PT Land Phase 2 Subdivision, 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-498]. Said temporary construction easement is more particularly described as: Beginning at the Northeast corner of the easement herein described, being a point on the South right-of-way of Baxter Lane, from which point the intersection of the South right-of-way of Baxter Lane and the West right-of-way of North 11"Avenue, as shown on Plat J-489, bears S 63' 15' 46" E, 142.23 feet, said point of beginning; Thence, from said point of beginning, S 26°44' 14" W, 10.00 feet along South right-of-way of Baxter Lane; Thence, N 63' 15' 46" W, 54.56 feet; Thence, along a curve to the RIGHT, having a radius of 4,373.60 feet, a delta angle of 07°40' 08", and whose curve length is 585.39 feet; Thence, N 69°20' 45" W, 20.91 feet; Thence, along a curve to the RIGHT, having a radius of 4,372.50 feet, a delta angle of 01°23' 31", and whose curve length is 106.23 feet; Thence, N 53.59' 34"W, 48.48 feet to the South right-of-way of Baxter Lane; Thence, N 34'53' 08" E, 10.00 feet