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Home My WebLink About17- Temporary Construction Easement - S. Sterry and P. Wookey - Durston Road Roadway Improvements MONTANA TI rE AND ES ROW C-�2601938 ORDER# C' Page: 1 of 4 12/21/2017 12:53:14 PM Fee: $28.00 Charlotte Mills - Gallatin County, MT MISC I IIIIIII IIIIII III IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIII IIIIIII III IIIII IIIII IIII IIII Return to: DOWL 2090 Stadium Drive Bozeman, MT 59715 PROJECT NAME: DURSTON ROAD CITY OF BOZEMAN ROADWAY IMPROVEMENTS ai _9x Engineering Division Public Works Department PROJECT#: 4535.11402.09 " 8 tee' PARCEL#:9-2 co. 0 TEMPORARY CONSTRUCTION EASEMENT TEMPORARY CONSTRUCTION EASEMENT THE GRANTOR(S), SKY STERRY AND PATRICIA J. WOOKEY, as joint tenants, whose address is 4979 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, an unrestricted Temporary Construction Easement, over, and across the following described real estate: A temporary construction easement to the City of Bozeman, on a tract of land lying in the SE'/SE'/4 of Section 3, Township 2 South, Range 5 East, M.P.M., Gallatin County, Montana, and more particularly described as follows: Beginning at the Southeast corner of said Section 3; thence in a Northerly direction along the East line of said Section 3 at a bearing of North 1035' East, a distance of 594.9 feet; Thence North 89135' West, a distance of 256.5 feet; Thence South 2108' West, a distance of 594.4 feet to a point on the South line of Section 3; Thence Easterly along the South line of said Section 3 at a bearing of South 89127' East, a distance of 262.0 feet, more or less, to the point of beginning. Survey recorded in Film 10, Page 134. Said temporary construction easement is depicted on Exhibit A attached hereto and more particularly described as: Beginning at the Southeast corner of the easement herein described, being a point on the North right- of-way of Durston Road, from which point the section corner common to Section 2, 3, 10, and 11, T2S, R5E, P.M.M., bears S 01° 31'48"W, 45.01 feet, said point of beginning; Thence,from said point of beginning, N 89' 44' 57" W, 261.63 along the North right-of-way of Durston Road to the West line of said tract; Thence, N 02' 04'48" E, 10.01 feet along the West line of said tract; Thence, S 890 44' 57" E, 261.53 feet to the East line of said tract; Thence, S 01° 31' 48" W, 10.00 feet along the East line of said tract to the North right-of-way of Durston Road to the point of beginning, and containing 2,616 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 Parcel 9-2. Said parcel, containing 2,616 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, CITY OF BOZEMAN PROJECT NAME:DURSTON ROAD ROADWAY IMPROVEMENTS Parcel 9-2 PROJECT#:4535.11402.09 Page 1 of 4 or other utility transmission or distribution facilities as necessary for the Durston Road 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. SKY STERRY AND PATRICIA J.WOOKEY Sky terry Patricia J.Wookey' ACKNOWLEDGMENT OF GRANTORS STATE OF P0,t,fz,,�) ss County of 6-4 A4 ) On this .�"j day of , 20 17, before me, the undersigned, a Notary Public in and for the said State, personally appea ed the Grantor, Sky Sterry, 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—offf ial seal this day and year above written. ` ONY GA=rY NY GADDO �• '• ary Public No ublic in and for the State of Q.NOTAR/q< te of Montana My Commission Expires: 1/g" jig * iding at: �SF,A,IC, n, Montanaf�v10 ission Expires;ry 30,2019 CITY OF BOZEMAN PROJECT NAME:DURSTON ROAD ROADWAY IMPROVEMENTS Parcel 9-2 PROJECT#:4535.11402.09 Page 2 of 4 STATE OF Okow(z,,,A ) ) ss County of ) On this�day of 20 0,, before me, the undersigned, a Notary Public in and for the said State, personally appe6red the Grantor, Patricia J. Wookey, 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 ial seal this day and year above written. GqO;' ANTHONY GADDO `t: Notary Public �oTAF/ �q o=for the State of Montana Notary Public in and for the State of n- ,p:SEAJ,..Q,' Bozema , ontana Residing n M My Commission Expires: I Su OF My Commission Expires: January 30,2019 CITY OF BOZEMAN PROJECT NAME:DURSTON ROAD ROADWAY IMPROVEMENTS Parcel 9-2 PROJECT#:4535.11402.09 Page 3 of 4 \L1 N 890 44' 57"W, 261.63 FEET 12 N 02° 04'48" E, 10.01 FEET \,L3 S 89° 44' 57" E, 261.53 FEET L4 S 01° 31'48"W, 10.00 FEET Current Owner: \ \ ,\Sky Sterry and Patricia J. Wookey \\4979 Durston Road \`Bozeman, MT 59718 wLu EXISTING F— �� PROPERTY z � � � � �\ LINE _ SE'/4SE'/4OF� \\\\SEC. 3, T2S, R5E \ PARCEL 9-2 TCE \\\\ \\\ \\\ \\\\\\\\\ NEW TEMPORARY CONSTRUCTION \\\\\\\\\\\\\\\\\\\\\\ EASEMENT I \\\\\\\\\\\\\\\\\\\\\\\ EXISTING ROARIGHT-OF-WAY POB DUURRSSTON ROAD J O Q i L.L J R/W Legend ® Existing Road Right-of-Way so o W 1W New Temporary Construction Easement SOME N FAT Area Remaining A temporary construction easement to the City of Bozeman, on a tract of land lying in the SE/SE'/ of Section 3, Township 2 South, Range 5 East, M.P.M., Gallatin County, Montana, and more particularly described as follows: Beginning at the Southeast corner of the easement herein described, being a point on the North rinht_nf_ iw of n--fnn D-4 f— a k;-h ..-;-4- 4-k- n n — —