HomeMy WebLinkAbout17- Temporary Construction Easement - TCIP Partnership - Baxter Lane Improvements (19th-7th) 2594940
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2090 Stadium Drive
Bozeman, MT 59715
PROJECT NAME: BAXTER LANE
`S4°�Bo2 'y{3� CITY OF BOZEMAN IMPROVEMENTS(19TH-7TH)
U r 2t Engineering Division
'* *� PROJECT#: 4535.11402.11
Public Works Department
^88 -- PARCEL#: 17-1 AND 17-2
° TEMPORARY CONSTRUCTION
EASEMENT
TEMPORARY CONSTRUCTION EASEMENT
THE GRANTOR, TCIP PARTNERSHIP, a Minnesota General Partnership, whose address is 227 West
1st Street, Suite 950, Duluth, MN 55802, 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:
A tract of land in the W% NEY4 of Section 1, Township 2 South, Range 5 East, M.P.M., Gallatin
County, Montana, described as follows: beginning at a point which is 982.9 feet North 33 degrees
15'43" East of the Southwest corner of the NEY4 of said Section 1; Thence North 38 degrees 50'34"
East, a distance of 525.0 feet to a point on the Southerly right of way of the new Baxter Lane,
formerly Mandeville Road; Thence South 51 degrees 09'26" East along said right of way, a distance
of 202.6 feet to the point of curvature of a 12 degrees 12' curve to the right, having a radius of 409.7
feet; Thence along said curve and through a central angle of 52 degrees 26'30", a distance of 375.0
feet to the point of tangent; Thence South 01 degrees 17'04" West, a distance of 190.6 feet; Thence
North 88 degrees 00' West, a distance of 357.4 feet; Thence North 51 degrees 06"West, a distance
of 356.98 feet to the point of beginning, according to survey recorded in Film 1, Page 1771, also
known as Lot 1, Block 1, Tange's Addition to Bozeman, 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.
Said temporary construction easements are depicted on Exhibit A attached hereto and more
particularly described as:
Parcel 17-1:
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 Southeast corner of Lot 1 bears S 130 47' 41" E, 507.64
feet, said point of beginning; Thence, from said point of beginning, S 44' 51' 16" W, 10.00 feet;
Thence, along a curve to the LEFT, having a radius of 407.50 feet, a delta angle of 04' 13' 05", and
whose curve length is 30.00 feet; Thence, N 400 04' 48" E, 10.00 feet to the South right-of-way of
Baxter Lane; Thence, along a curve to the RIGHT, having a radius of 417.50 feet, a delta angle of 04'
CITY OF BOZEMAN PROJECT NAME:BAXTER LANE IMPROVEMENTS(19TH-7TH) Parcel 17-1 and 17-2
PROJECT#:4535.11402.11 Page 1 of 4
13' 53", and whose curve length is 30.83 feet along the South right-of-way of Baxter Lane to the point
of beginning, and containing 304 sgft., more or less and as shown on Exhibit A;
Parcel 17-2:
Beginning at the Southeast corner of the easement herein described, being a point on the West right-
of-way of Baxter Lane, from which point the Southeast corner of Lot 1 bears S 000 14' 12" W, 247.65
feet, said point of beginning; Thence, from said point of beginning, S 830 03' 06" W, 10.00 feet;
Thence, along a curve to the LEFT, having a radius of 407.50 feet, a delta angle of 04' 13' 05", and
whose curve length is 30.00 feet; Thence, N 78' 16' 38" E, 10.00 feet to the West right-of-way of
Baxter Lane; Thence, along a curve to the RIGHT, having a radius of 417.50 feet, a delta angle of 04'
13' 53", and whose curve length is 30.83 feet along the South right-of-way of Baxter Lane to the point
of beginning, and containing 304 sgft., 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 Parcel 17-1 and 17-2. Said parcels, each containing 304 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.
TCIP PARTNERSHIP, a Minnesota General Partnership
Name
Title' '09 7
CITY OF BOZEMAN PROJECT NAME: BAXTER LANE IMPROVEMENTS(19TH-7TH) Parcel 17-1 and 17-2
PROJECT#:4535.11402.11 Page 2 of 4
ACKNOWLEDGMENT OF GRANTOR
STATE OF
) ss
County of-6 .
On this day of <4 20jj, before me, thQ undersigned, a Notary Public in and for
the said S aate, personally peared the Grantor,
✓L t s'4e,-- of TCIP PARTNERSHIP, a Mthnesota General 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. LISA A. NELSON
Jan.31,=I
My CO
NOTARY PUBLIC
MINNESOTA
MI10"FaplrM
Notary Public in and for the State of C4,
My Commission Expires: 01 131 I.Ao�k1
CITY OF BOZEMAN PROJECT NAME:BAXTER LANE IMPROVEMENTS(19TH-7TH) Parcel 17-1 and 17-2
PROJECT#:4535.11402.11 Page 3 of 4
PARCEL 17-1 TCE Current Owner:
\ NEW TEMPORARY TCIP Partnership
\\\\\ CONSTRUCTION
\ \ \ EASEMENT L1 S 44.51' 16" W, 10.00 feet
R1 R = 407.50 FEET, A = 04'13' 05",
\ \ \ \ \ \ \ PARCEL L = 30.00 FEET
-�V 17-1 POB L2 N 400 04'48" E, 10.00 feet
R2 R = 417.50 FEET, A= 04'13' 53",
L= 30.83FEET
L3 S 83.03' 06"W 10.00 feet
\ \ \ \ \ \ \ \ \ \ \
R3 R = 407.50 FEET, A = 04'13' 05",
\ \ V., N\
\ \ \ L= 30.00FEET
L4 N78° 16' 38" E 10.00 feet
R4 R - 417.50 FEET, O= 0413 53 ,
\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ L- 30.83FEET
\\\\\ EXISTING
\\\\\,PROPERTY \\\\\\\\ \\\\\\
\`.LINE (TYP),`\\\\\\\\\\\\\ \` so o so 100
\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \
\ \ \ \ \ \ \ \ SCALE IN FEET
`\`\`\\PARCEL 17-2 TCE `\ \`\`\`\`
\\\\\\\NEW TEMPORARY
L7 /.
\\\`\CONSTRUCTION `�`�`�`�`�` r PARCEL
\\\\\\EASEMENT\`\`\`\`\`\`\`\ CO 17-2 POB R/W Legend
\ \ \ \ \ \ \ \ \ \ \ \ Existing Road Right-of-Way
\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \
\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \
\\�\\LOT 1, BLOCK 1, TANGE'S New Temporary Construction
\\\\\`.ADDITION TO BOZEMAN\\\\\\\ Easement
\\\\SEC. 1, T2S, R5E\\\\\\\\\�\ / Area Remaining
\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \
\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \
A tract of land in the W'/2NE'/4 of Section 1, Township 2 South, Range 5 East, M.P.M., Gallatin
County, Montana, described as follows: beginning at a point which is 982.9 feet North 33 degrees
15'43" East of the Southwest corner of the NE'/4 of said Section 1; Thence North 38 degrees 50'34"
East, a distance of 525.0 feet to a point on the Southerly right of way of the new Baxter Lane,
formerly Mandeville Road; Thence South 51 degrees 09'26" East along said right of way, a
distance of 202.6 feet to the point of curvature of a 12 degrees 12' curve to the right, having a
radius of 409.7 feet; Thence along said curve and through a central angle of 52 degrees 26'30", a
distance of 375.0 feet to the point of tangent; Thence South 01 degrees 17'04" West, a distance of
190.6 feet; Thence North 88 degrees 00' West, a distance of 357.4 feet; Thence North 51 degrees
06" West, a distance of 356.98 feet to the point of beginning, according to survey recorded in Film
1, Page 1771, also known as Lot 1, Block 1, Tange's Addition to Bozeman, 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.
Said temporary construction easements are more particularly described as:
ParcPI 17-1:
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 Southeast corner of Lot 1 bears S 13'47' 41" E,
507.64 feet, said point of beginning; Thence, from said point of beginning, S 44°51' 16" W, 10.00
feet; Thence, along a curve to the LEFT, having a radius of 407.50 feet, a delta angle of 04' 13'
05", and whose curve length is 30.00 feet; Thence, N 40004' 48" E, 10.00 feet to the South
right-of-way of Baxter Lane; Thence, along a curve to the RIGHT, having a radius of 417.50 feet, a
delta angle of 04°13' 53", and whose curve length is 30.83 feet along the South right-of-way of
Baxter Lane to the point of beginning, and containing 304 sgft., more or less.
Parcel 17- :