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HomeMy WebLinkAbout18- Temporary Construction Easement - SID 716, LLC - Oak Street Roadway Improvements, Parcel 5-2 2605446 Return to: PLATTE CI IIIaIIrII IIIIII IIIf IIII i 02l O n o ne2 0IITM Fee: $2ChlotteMlls Galati CutyIIIM MIS DOWL IIIIIIIIIIIII IN IIIIIIIIIIIIIIIIIIIIIIII IIIII IIIII IIIII IIII IIII 2090 Stadium Drive Bozeman, MT 59715 PROJECT NAME: OAK STREET CITY OF BOZEMAN ROADWAY IMPROVEMENTS Engineering Division PROJECT#: 4535.11402.09 * Public Works Department PARCEL#:5-2 "TjNs�.�►° TEMPORARY CONSTRUCTION EASEMENT CORRECTED TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement is to correct the legal description of Document#2595712. THE GRANTOR(S), SID 716, LLC, a Montana Limited Liability Corporation, whose mailing address is 20 W. Haley Springs Road, Unit A, 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: Lot 4 of the Amended Plat of Lot 1 and Lot 2 of Block 1 and Lot 1 of Block 4 of West Winds Major Subdivision Phase 4 and Lot 1 of Block 3 and Lot 1 of Block 4 of West Winds Major Subdivision Phase 5, located in the Northwest one-quarter of Section 2, Township 2 South, Range 5 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana, all according to the official plat thereof on file and of record in the office of the Clerk and Recorder for Gallatin County, Montana (Plat Reference: J-493A). 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 West Oak Street, from which point the West quarter corner of Section 2, T2S, R5E, P.M.M., bears S 670 27' 19" W, 172.75 feet, said point of beginning; Thence, from said point of beginning, S 890 33' 27" W, 37.61 feet along the North right-of-way of West Oak Street; Thence along a curve to the RIGHT, having a radius of 49.00 feet, a delta angle of 58' 43' 24", and whose long chord bears N 61' 04' 51"W a distance of 48.05 feet along the North right-of-way of West Oak Street; Thence along a curve to the RIGHT, having a radius of 106.50 feet, a delta angle of 16' 41' 58", and whose long chord bears N 23' 22' 10"W a distance of 30.93 feet along the North right-of-way of West Oak Street; Thence along a curve to the RIGHT, having a radius of 309.03 feet, a delta angle of 16' 27' 08", and whose long chord bears N 060 47' 37"W a distance of 88.43 feet along the North right-of-way of West Oak Street to the East right-of-way of Davis Lane; Thence, N 01° 25' 57" E, 29.99 feet along the East right-of-way of Davis Lane; Thence, S 880 34' 03" E, 20.00 feet; Thence, S 01° 25' 57" W, 29.99 feet; Thence along a curve to the LEFT, having a radius of 289.03 feet, a delta angle of 160 27' 08", and CITY OF BOZEMAN PROJECT NAME:OAK STREET ROADWAY IMPROVEMENTS Parcel 5-2 PROJECT#:4535.11402.09 Page 1 of 3 whose long chord bears S 060 47' 37" E a distance of 82.71 feet; Thence along a curve to the LEFT, having a radius of 86.50 feet, a delta angle of 16' 41' 58", and whose long chord bears S 23' 22' 10" E a distance of 25.12 feet; Thence along a curve to the LEFT, having a radius of 29.00 feet, a delta angle of 58' 43' 24", and whose long chord bears S 61' 04' 51" E a distance of 28.44 feet; Thence, N 890 33' 27" E, 37.61 feet; Thence, S 000 26' 33" E, 20.00 feet to the North right-of-way of West Oak Street and the point of beginning, and containing 4,431 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 5-2. Said parcel, containing 4,431 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 N. 27th Ave. 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. SID 716, LLC "^ W. Mark aston, Member ACKNOWLEDGMENT OF GRANTOR STATE OF kot.l{cw� ) ) ss County of )qVt ) On this_3C�`day of J- 2018, before me, the undersigned, a Notary Public in and for the said State, personally appearedAhe Grantor, W. Mark Easton, a Member of SID 716, LLC, a Montana Limited Liability Corporation, 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. NY, ANTHONY GADDO �A?O G�S .0 Notary Public Q.�oTARry4'.o --for the State of Montana Bozemann,Montana Notary Public in and for the State of huo� '9'Fo. Mai?; My Commission Expires: My Commission Expires: January 30, 2019 CITY OF BOZEMAN PROJECT NAME:OAK STREET ROADWAY IMPROVEMENTS Parcel 5-2 PROJECT#:4535.11402.09 Page 2 of 3 \\ \\ \\\ \ \\\ L1 S 89° 33' 27" W, 37.61 FEET Current Owner: \\ R1 R = 49.00 FEET, A =58°43'24", 00 \I \\\SID 716, LLC. \\ LC = N 61° 04' 51"W, 48.05 FEET m \ \3270 Breeze Lane R2 R = 106.50 FEET, A = 16°41'58", 0 \\\\Bozeman, MT 59718 \ LC = N 23° 22' 10"W, 30.93 FEET p \ \(Physical Address) R3 R = 309.03 FEET, A= 16°27'08", ? \\\ \\ \\\ \\\\ LC = N 06° 47' 37" W, 88.43 FEET co w w \\\\ � \\\ � \\\ \\� L2 N01° 25' 57" E,29.99FEET z Q \\EXISTING \\\ \` L3 S 88° 34' 03" E,20.00 FEET cn � UTILITY I\ \\\ EASEMENT ENT \\\\ \ L4 S 01° 25' 57" W, 29.99 FEET > \\ \\ ` \\\ R4 R = 289.03 FEET, A = 16°27'08", Q p \\ \\\\ \\\\ \\\\ LC = S06° 47' 37" E, 82.71FEET \ \\\ \\\ \\\ R5 R = 86.50 FEET, A = 16' 41'58", \ \ I.'. \ LOT 4 IN WEST WINDS ,\ LC = S 23° 22' 10" E, 25.12 FEET �\ MAJOR SUBDIVISION ,\ R6 R = 29.00 FEET, A =58°43'24", �\' PHASE 4/5 SEC. 2, T2S, LC = S 61° 04' 51" E,28.44 FEET 89 L5 N ° 33' 27" E 37.61 FEET i. . . \ R5E ° L6 S 00 26 33" E, 20.00 FEET \ \ \\ \\ \ EXISTING ROAD 6\. . . 5 \ \\\\ \RIGOF-WAY PARCEL 5-2 TCE WEST OAK STREET NEW TEMPORARY CONSTRUCTION EASEMENT R/W Legend ® Existing Easement 80 0 80 160 New Temporary Construction Easement SCALE IN FM iiiiiiia Area Remaining I A temporary construction easement to the City of Bozeman, on Lot 4 of the Amended Plat of Lot 1 and Lot 2 of Block 1 and Lot 1 of Block 4 of West Winds Major Subdivision Phase 4 and Lot 1 of Block 3 and Lot 1 of Block 4 of West Winds Major Subdivision Phase 5, located in the Northwest one-quarter of Section 2, Township 2 South, Range 5 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana, all according to the official plat thereof on file and of record in the office of the Clerk and Recorder for Gallatin County, Montana (Plat Reference: J-493A). Said temporary construction easement is more particularly described as: Beginning at the Southeast corner of the easement herein described, being a point on the North right-of-way of West Oak Street, from which point the West quarter corner of Section 2, T2S, R5E, P.M.M., bears S 67° 27' 19" W, 172.75 feet, said point of beginning; Thence, from said point of beginning, S 89° 33' 27" W, 37.61 feet along the North right-of-way of West Oak Street; Thence along a curve to the RIGHT, having a radius of 49.00 feet, a delta angle of 58° 43' 24", and whose long chord bears N 61° 04' 51" W a distance of 48.05 feet along the North right-of-way of West Oak Street; Thence along a curve to the RIGHT, having a radius of 106.50 feet, a delta angle of 16' 41' 58", and whose long chord bears N 23' 22' 10" W a distance of 30.93 feet along the North right-of-way of West Oak Street; Thence along a curve to the RIGHT, having a radius of 309.03 feet, a delta angle of 160 27' 08", and whose long chord bears N 06° 47' 37" W a distance of 88.43 feet along the North right-of-way of West Oak Street to the East right-of-way of Davis Lane; Thence, N 01° 25' 57" E, 29.99 feet along the East right-of-way of Davis Lane; Thence, S 88° 34' 03" E, 20.00 feet; Thence, S 01° 25' 57" W, 29.99 feet; Thence along a curve to the LEFT, having a radius of 289.03 feet, a delta angle of 16° 27' 08", and whose long chord bears S 06° 47' 37" E a distance of 82.71 feet; Thence along a curve to the LEFT, having a radius of 86.50 feet, a delta angle of 16° 41' 58", and whose long chord bears S 23° 22' 10" E a distance of 25.12 feet; Thence along a curve to the LEFT, having a radius of 29.00 feet, a delta angle of 58° 43' 24", and whose long chord bears S 61° 04' 51" E a distance of 28.44 feet; Thence, N 89° 33' 27" E, 37.61 feet; Thence, S 00° 26' 33" E, 20.00 feet to the North right-of-way of West Oak Street and the point of beginning, and containing 4,431 sqft., more or less . ALRight of Way Required for Oak Street and PROJECT: 4524.11402.09 Davis Lane Roadway Improvements DATE: 10/25/2017 B O W L City of Bozeman, Montana EXHIBIT A �OB6-BB34 "° B° ""'"...dam�5 PARCEL 5-2 Page 3 of 3 PLATTED y 2595712 Return to: Page: 1 of 3 10/13/2017 03:49:55 PM Fee. $21.00 DOWL Charlotte Mills lI- Gallatin County, MT ''II MISC 2090 Stadium Drive (�11111(11111(11 1111 11111i1 i11111 IN(111(1111 11111 11111(111111 111 11111 IU��11111 1111 111 Bozeman, MT 59715 PROJECT NAME: OAK STREET ��$� ` .4 CITY OF BOZEMAN ROADWAY IMPROVEMENTS Engineering Division PROJECT#: 4535.11402.09 o Public Works Department gg � PARCEL#:5 2 co ° ° TEMPORARY CONSTRUCTION EASEMENT TEMPORARY CONSTRUCTION EASEMENT THE GRANTOR(S), SID 716, LLC., a Montana Limited Liability Corporation, whose mailing address is 20 W. Haley Springs Road, Unit A, 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, in Lot 1 in Block 4 of the final plat of West Winds Major Subdivision Phase 5, City of Bozeman, Gallatin County, Montana, 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-494). 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 West Oak Street, from which point the West quarter corner of Section 2, T2S, R5E, P.M.M., bears S 670 27' 19" W, 172.75 feet, said point of beginning; Thence, from said point of beginning, S 890 33' 27" W, 37.61 feet along the North right-of-way of West Oak Street; Thence along a curve to the RIGHT, having a radius of 49.00 feet, a delta angle of 580 43' 24", and whose long chord bears N 61' 04' 51" W a distance of 48.05 feet along the North right-of-way of West Oak Street; Thence along a curve to the RIGHT, having a radius of 106.50 feet, a delta angle of 160 41' 58", and whose long chord bears N 230 22' 10"W a distance of 30.93 feet along the North right-of-way of West Oak Street; Thence along a curve to the RIGHT, having a radius of 309.03 feet, a delta angle of 160 27' 08", and whose long chord bears N 060 47' 37"W a distance of 88.43 feet along the North right-of-way of West Oak Street to the East right-of-way of Davis Lane; Thence, N 01° 25' 57" E, 29.99 feet along the East right-of-way of Davis Lane; Thence, S 880 34' 03" E, 20.00 feet; Thence, S 010 25' 57"W, 29.99 feet; Thence along a curve to the LEFT, having a radius of 289.03 feet, a delta angle of 16' 27' 08", and whose long chord bears S 060 47' 37" E a distance of 82.71 feet; Thence along a curve to the LEFT, having a radius of 86.50 feet, a delta angle of 160 41' 58", and whose long chord bears S 23' 22' 10" E a distance of 25.12 feet; Thence along a curve to the LEFT, having a radius of 29.00 feet, a delta angle of 58' 43' 24", and whose long chord bears S 610 04' 51" E a distance of 28.44 feet; Thence, N CITY OF BOZEMAN PROJECT NAME:OAK STREET ROADWAY IMPROVEMENTS Parcel 5-2 PROJECT#:4535.11402.09 Page 1 of 3 890 33' 27" E, 37.61 feet; Thence, S 000 26' 33" E, 20.00 feet to the North right-of-way of West Oak Street and the point of beginning, and containing 4,431 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 5-2. Said parcel, containing 4,431 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 N. 27th Ave. 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. SID 716, LLC. . Mark Easton, ember ACKNOWLEDGMENT OF GRANTOR STATE OF M T ) ) ss County of On this_LL day of ]i o%�,- ��� ,: 201L, before me, the undersigned, a Notary Public in and for the said State, personally appeared the Grantor, W. Mark Easton, a Member of SID 716, LLC., a Montana Limited Liability Corporation, 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. APRIL HUBER '`QQ F9 Notary Public TAR for the State of Montana Nota Public in and forth e of * Residing at: My Commission s: (PA' L.'� - Bozeman, Montana %9 OF Mo ? `' My Commission Expires: " September 01,2020 CITY OF BOZEMAN PROJECT NAME:OAK STREET ROADWAY IMPROVEMENTS Parcel 5-2 PROJECT#:4535.11402.09 Page 2 of 3 \\\\ \\\\ \\\ \\\ L1 S 89° 33' 27" W, 37.61 FEET EXISTING \ \\\\ \\\ \\\ \\ R1 R = 49.00 FEET, A =58°43'24", EASEMENT \\ Current Owner: \ LC = N 61° 04' 51"W, 48.05 FEET \ \SID 716, LLC. \ R2 R = 106.50 FEET, A = 16°41' 58", \\ 3270 Breeze Lane \\ LC = N 23° 22' 10"W, 30.93 FEET \\\\Bozeman, MT 59718 \\\ R3 R = 309.03 FEET, A = 16°27' 08", 0 0 \\ (Physical Address) \ \ \ LC = N 06° 47' 37"W, 88.43 FEET m �I\\\\�\\ \\\\\\\\ L2 N01° 25' 57" E, 29.99FEET m \ \ \ L3 S 88° 34' 03" E, 20.00 FEET _ \\ LOT 1 IN BLOCK 4 \ L4 S 01° 25' 57" W, 29.99 FEET \ WEST WINDS MAJOR \ O \ R4 R = 289.03 FEET A = 16°27 08" O z \ SUBDIVISION PHASE 5 \ cn -- LC = S 06° 47' 37" E, 82.71 FEET w Z \ SEC. 2, T2S, R5E \ \ R5 R = 86.50 FEET, A = 16°41'58", Q J \\\\ \\\\\ \\\\ \\\ LC = S23° 22' 10" E, 25.12FEET cn \ \\\ \\\\ \\\ \\ R6 R = 29.00 FEET, A=58°43'24", j > \\\ \\\\ \\\ \ LC = S61° 04' 51" E, 28.44FEET C o N \\\\ \\\\\ \\\\ \ L5 N 89° 33' 27" E, 37.61 FEET L6 S 00° 26' 33" E, 20.00 FEET \\ PARCEL 5-2 TCE \\ EXISTING \ \ ANEW TEMPOT RAR ON Y \ \\\\PRIOPERTY \CON \\ \\\ EASEMENT\ \\\\\ \\\ \\\ \ EXISTING ROAD\ fi\ 5 . .\.\ \\ \\\ \\R.IGHT-OF-WAY \ l• POB WEST OAK STREET R/W Legend ® Existing Easement ao 0 80 150 New Temporary Construction Easement SCALE IN FEET Area Remaining N I A temporary construction easement to the City of Bozeman on Lot 1 in Block 4 of the West Winds Major Subdivision Phase 5, located in Section 2, T2S, R5E, P.M.M., Gallatin County, Montana, more particularly described as follows; Beginning at the Southeast corner of the easement herein described, being a point on the North right-of-way of West Oak Street, from which point the West quarter corner of Section 2, T2S, R5E, P.M.M., bears S 67° 27' 19" W, 172.75 feet, said point of beginning; Thence, from said point of beginning, S 89° 33' 27" W, 37.61 feet along the North right-of-way of West Oak Street; Thence along a curve to the RIGHT, having a radius of 49.00 feet, a delta angle of 58° 43' 24", and whose long chord bears N 61° 04' 51" W a distance of 48.05 feet along the North right-of-way of West Oak Street; Thence along a curve to the RIGHT, having a radius of 106.50 feet, a delta angle of 16° 41' 58", and whose long chord bears N 23° 22' 10" W a distance of 30.93 feet along the North right-of-way of West Oak Street; Thence along a curve to the RIGHT, having a radius of 309.03 feet, a delta angle of 16° 27' 08", and whose long chord bears N 060 47' 37" W a distance of 88.43 feet along the North right-of-way of West Oak Street to the East right-of-way of Davis Lane; Thence, N 01° 25' 57" E, 29.99 feet a!ong the East right-Of-Way of Davis Lane; Thence. S 88° 34' 03" E, 20.00 feet; Thence, S 01° 25' 57" W, 29.99 feet; Thence along a curve to the LEFT, having a radius of 289.03 feet, a delta angle of 16° 27' 08", and whose long chord bears S 060 47' 37" E a distance of 82.71 feet; Thence along a curve to the LEFT, having a radius of 86.50 feet, a delta angle of 16° 41' 58", and whose long chord bears S 23° 22' 10" E a distance of 25.12 feet; Thence along a curve to the LEFT, having a radius of 29.00 feet, a delta angle of 58° 43' 24", and whose long chord bears S 61° 04' 51" E a distance of 28.44 feet; Thence, N 89° 33' 27" E, 37.61 feet; Thence, S 00° 26' 33" E, 20.00 feet to the North right-of-way of West Oak Street and the point of beginning, and containing 4,431 sqft., more or less. Right of Way Required for Oak Street and PROJECT: 4524.11402.09 -bavis Lane Roadway Improvements DATE: 11/10/2016 D 0 W L City of Bozeman, Montana EXH I BIT A 2090 StedWm Drive Bozeman,Montane 59715 406-886 88 wwwdov4som PARCEL 5-2 Page 3 Of 3 .