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HomeMy WebLinkAbout17- Temporary Construction Easement - Sapphire Night Sky, LLC - N. 7th Avenue Lighting Improvements 2605878 Page: 1 of 3 02/13/2018 03:35:21 PM Fee. $21.00 Charlotte Mills - Gallatin County, MT MISc I IIIIIII IIIIII III IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIII IIIIIII III IIIII IIIII IIIII IIII IIII Return to: PLAT4D , DOWL -a - 2090 Stadium Drive Bozeman, MT 59715 ozb� PROJECT NAME: NTH 7TH AVE. CITY OF BOZEMAN LIGHTING IMPROVEMENTS Engineering Division PROJECT#: 452'€.1102.0"s 1" Public Works Department PARCEL#: FF e+�0 TEMPORARY CONSTRUCTION EASEMENT ooWL THE GRANTOR(S),.SAPPHIRE NIGHT SKY, LLC., a Montana Limited Liability Company, whose address is 76-6296 Leone Street, Kailua Kona, HI 96740, 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 15 foot wide strip of land, over, and across the following described real estate: A Temporary Construction Easement, the east line of which is coincident with the west line of a public access and utility easement lying in Parcel II and IV of quit claim deed doc. #2572894, Durston Subdivision, 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 FF. Said parcel, containing 3,271.5 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 FF PROJECT#:4524.11402.03 Page 1 of 2 SAPPHIRE NIGHT SKY, LLC. Name: Title: t� 1� ACKNOWLEDGMENT OF GRANTOR(S) STATE OF �a" ) 11/�Ll" County of ) SS) h d� On this )'� day of 2017, before me, the undersigned, a Notary Public in and for the said State, personally appeared the Grantor, �t V f the 4425:-Mf-- of SAPPHIRE NIGHT SKY, LLC., a Montana 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. .S" NOTARY Notary Pub'c in and for the State of * PUBLIC = My Commission Expires: NOV X 47UR No. 10-389 O ....F ' ,Ali , A A, , J A�/C, Doc, Date: #Pages Notary Name: Judy Alices Third Circuit NOTARY ^ * PUBLIC * _ Doc. Description No. 10-3895�� EP22 2017 .,"OF HP Narary Si ature Date CITY OF BOZEMAN PROJECT NAME:NTH 7TH AVE.LIGHTING IMPROVEMENTS Parcel FF PROJECT#:4524.11402.03 Page 2 of 2 EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT, THE EAST LINE OF WHICH IS COINCIDENT WITH THE WEST LINE OF A PUBLIC ACCESS AND UTILITY EASEMENT LYING IN PARCEL II AND IV OF QUIT CLAIM DEED DOC.#2572894, DURSTON SUBDIVISION, SITUATED IN THE NE1/4 OF SECTION 12,TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN,GALLATIN COUNTY, MONTANA. S880 10'35"E 8.00' I I OWNER INFORMATION(CURRENT AS OF PRINTED DATE): I'�( 'I SAPPHIRE NIGHT SKY LLC P•0•B• (II� 76-6296 LEONE ST. II KAILUA KONA,HI 96740 I� Commencing from the intersection of the West Right-of-Way line 1RPCj 9 I r of North 7th Avenue and the North line of the South 125 feet of " I Tract number 9 of Durston Subdivision,also known as the i'c; OOC it25T2agq N88 10of Quit Claim 15. l Deed Doct H2572894 thence N88°Oe35'W aUj Northeas corner of the land describd asnd sltlan a of 8.00 feet to the point of beginning,thence continuing N88°10'35"W a II I PROPOSED 15.0' TEMPORARY distance of 15.00 feet;thence SO°58'09"W a distance CONST.EASEMENT(SAVING f I� f of 218.23 feet;thence S89°01'51"E a distance of 15.00 feet to the AND EXCEPTING EXISTING \\ 1..�..1 West line of the public access and utility easement;thence BUILDING STRUCTURES) I I NO°58'09"E along said West line a distance of 218.01 feet to the point of beginning. Said easement being 3271.5 square feet. S0058'09"W li LEGEND: 218.23' I' PROPERTY BOUNDARY I \ PROPOSED EASEMENT (TEMPORARY CONSTRUCTION EASEMENT) O U) I w I LIMITS OF CONSTRUCTION WORK j m Ij�l > (�� PROPOSED LUMINAIRE �U) Ij W PROPOSED CONCRETE PROPOSED 8.00'PUBLIC ACCESS V J I AND UTILITY EASEMENT �+ PROPOSED ASPHALT LIMITS OF III = I PROPOSED BOULEVARD CONSTRUCTION WORK N0058'09"E i Q 218.01' S89001'51"E vu, a 15.00' I P N?- 2 g4 { OOC.#2 �I•I 1� : f 0 40 4 VILLARD ST. I ( IN FEET ) M o rri s o n NORTH 7TH AVENUE t— v 315 N.,MT Street,Suile 102 DRAWN BY: KDJ STREETSCAPE IMPROVEMENTS PROJECT NO. Billings,h17 59101 DSGN.BY: KDJ 0417.063 M a i e r l e 406.656.6o00 BOZEMAN MT ` APPR.BY: JCW ® vnvw.m-m.nel DATE: 09/2017 FIGURE NUMBER engineers:surveyors•planners=scientists con—a 11-1sor —nu=,wc.:on EXHIBITA A N:\0417\063WCAD1E hhibits\EASEMENTS-H-II-2015.dwg Plotted by kevin d.jecobsen on Sep/132017