HomeMy WebLinkAbout16- Temporary Construction Easement - Mahar Montana Homes, LLC - Baxter and Davis Right-of-Way Acquisition PLATTED 2566288
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Charlotte Mills — Gallatin County, MT $21.00
Iilllll illlll lil llll lllllll illlll IN 1111110111111 I1111111l1111111111111l11111l l 11111111
z PROJECT NAME.BAXTER LN.AND
CITY OF BOZEMAN DAVIS LN.R1W ACQUISITION
Engineering Division
Public Works Department PROJECT#: 4524.11402.01
---$ - -Y PARCEL#:3-2
TEMPORARY CONSTRUCTION
EASEMENT
TEMPORARY CONSTRUCTION EASEMENT
THE GRANTOR(S), MAHAR MONTANA HOMES, LLC., whose address is 1627 West Main Street, Suite
370, Bozeman, MT 59715, 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, an unrestricted Temporary Construction Easement,
over, and across the following described real estate:
A temporary construction easement to the City of Bozeman, located in Lot R2 of West Winds Major _
Subdivision, Phase 5, in Section 2, T2S, R5E, P.M.M., City of Bozeman, Gallatin County, Montana,
more particularly described as follows;
Beginning at the northwest corner of the easement herein described, being a point on the east right-
of-way of Davis Lane, from which point the northwest corner of Section 2, T2S, R5E, P.M.M., bears N
230 19' 19" W, 161.05 feet, said point of beginning; Thence, from said point of beginning, S 880 52'
03" E , 615.92 feet; Thence, N 000 50' 49" E, 99.84 feet to the south right-of-way of Baxter Lane;
Thence, S 89' 08' 19" E, 108.14 feet along the south right-of-way of Baxter Lane; Thence, S 00' 51'
54" W, 110.35 feet; Thence, N 88' 52' 03" W, 724.19 feet to the east right-of-way of Davis Lane;
Thence, N 01° 49' 24" E, 10.00 feet along the east right-of-way of Davis Lane to the point of
beginning, and containing 18,059 sqft, more or less.
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 3-2. Said parcel, containing 18,059 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 and Davis Lane
Intersection Improvement Project.
Upon completion of said project for which access is hereby provided, the CITY OF BOZEMAN shall restore
the property, including affected private property features, 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.
CITY OF BOZEMAN PROJECT NAME:BAXTER/DAVIS Parcel 3-2
PROJECT NUMBER:4524.11402.01 Page 1 of 3
Dated this ''day of r%16 V err 6e)- 201,6
Joe Mahar
Registered Agent
ACKNOWLEDGMENT OF GRANTOR
STATE OF //1iloK�zna )
) ss
County of U., )
On this day of 20/6, before me, the undersigned, a Notary Public in and for the
said State, personally appeared the Grantor, Joe Mahar, known to me to be the identical person who
executed the foregoing instrument and acknowledged to me that Joe Maha?,rsigned the same as Joe
Mahar free and voluntary act and deed, with full knowledge of its contents, for the uses and purposes
therein mentioned. * Besrs�2� ay,� o� 44�k'-' w106 f4„s Aoi-ef LLc
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year
above written.
otary P ein and for the State of " Y/<vK
10ONY GgO ANTHONY GADDO
O - Notary Public My-Commission Expires: IA,0//q
Q•NgTnR�,��.o_for the state of Montana
Residing at:
=.N9�EA,[.•��` Bozeman, Montana
�P''''�OF MO • My Commission Expires:S:
January 30,2019
CITY OF BOZEMAN PROJECT NAME: BAXTER/DAVIS Parcel 3-2
PROJECT NUMBER:4524.11402.01 Page 2 of 3
\\EXISTING PROPERTY LINE DAVIS LANE
EXISTING EASEMENT POB
/ /CURRENT OWNER:
/ /MAHAR MONTANA HOMES,LLC.
/ .815 ALDER CREEK DRIVE
/ MEDFORD,OR 97504 /
'PARCEL 3-2 TCE
NEW TEMPORARY
CONSTRUCTION
EASEMENT
/ L1 S 88°52'd3" 615.92 FEET ' / !
/L2 N 00*50'49"E,99.84 FEET /
/ /L3 S 89°08'19"E, 108.14 FEET /
/ /L4 S 00°51'54"W, 110.35 FEET
/ L5 N 88°52'03"W,724.19 FEET ' / [
Q / L6 N 01°49'24"E, 10.00 FEET
LOT R2 OF WEST WIND
MAJOR SUBDIVISION, PHASE 51 rn
OF SEC. 2, T2S, R5E
EXISTING
EASEMENT
EXISTING STORM
/EASEMENT /
A TEMPORARY CONSTRUCTION EASEMENT TO THE CITY OF BOZEMAN, LOCATED /
IN LOT R2 OF WEST WINDS MAJOR SUBDIVISION,PHASE 5,IN SECTION 2,T2S,R5E,
P.M.M.,CITY OF BOZEMAN,GALLATIN COUNTY,MONTANA,MORE PARTICULARLY
DESCRIBED AS FOLLOWS; /
BEGINNING AT THE NORTHWEST CORNER OF THE EASEMENT HEREIN /DESCRIBED BEING A POINTON THE EAST RIGHT-OF-WA
Y OF DAVIS LANE FROM
WHICH POINT THE NORTHWEST CORNER OF SECTION 2,T2S,R5E,P.M.M.,BEARS
/ii[fiiiiiiiiiiiisii`isii„ [`
N 23°19'19"W 161.05 FEET SAID P F BEGI O INT O NNING THENCE FROM SAID
/
POINT OF
BEGINNING S 88°5 '0 "2 3 E 615.92 FEET;TH
ENCE,N 00°50'49''E 99.84
FEET TO THE SOUTH RIGHT-OF-WAY OF BAXT ER LANE;THENCE
,S 89°08'19"E
108.14 FEET THE SOUTH RI
GHT-OF-WAY OF B AXTER LANE;THENCE S 00°
51'54"W,110.35 FEET;THENCE,N 88°52'03"W,724.19 FEET TO THE EAST / M
RIGHT
-OF-WAY OF-WAY OF DAVIS
LANE THENCE N 01°49'24" 0.E 10.00 FEET ALONG THE
EAST RIGHT-OF-WAY OF DAVIS LANE TOTHEPONTOF I BEGINNING,AND
CONTAINING 18,059 SQFT,MORE OR LESS.
1 . ............