Loading...
HomeMy WebLinkAbout18- Temporary Construction Easement - Gallatin Center Limited Partnership - Baxter Lane Roadway Improvements, Parcel 10-3, 10-5, and 10-6 T E MONTANA T AND ESCRO PLATTED ORDER#� 2605727 CharlotteMills GallaOtinn County54MT MIS M Fee: $3GC IIIIII IN 111111111111111111111111 I I1111111111111111111111111 Return to: DOWL 2090 Stadium Drive Bozeman, MT 59715 B02 13 PROJECT NAME: BAXTER LANE S CITY OF BOZEMAN ROADWAY IMPROVEMENTS Engineering Division PROJECT M 4524.11402.01 Public Works Department yL __ - PARCEL#: 10-3,10-5,AND 10-6 0. 0 TEMPORARY CONSTRUCTION EASEMENT TEMPORARY CONSTRUCTION EASEMENT THE GRANTOR(S), GALLATIN CENTER LIMITED PARTNERSHIP, a Montana Limited Partnership whose address is 220 W Lamme, Suite 1F Bozeman, MT 59771-0906, as owners 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 3, of Minor Subdivision 210, recorded July 10, 1997, situated in the NEY4 and the SEY4 of Section 35, T1S, R5E, P.M.M., Gallatin County, Montana. EXCEPT The Gallatin Center Subdivision PUD Phase I, recorded December 8, 1998 in Book J of Plats, Page 264, Official Records. AND EXCEPT The Gallatin Center Subdivision PUD Phase II, recorded December 12, 2000, in Book J of Plats, Page 305, Official records. AND EXCEPT The Gallatin Center Subdivision PUD, Lot 10-Phase III, recorded May 14, 2002 in book J of Plats, Page 333, Official Records. AND EXCEPT The Gallatin Center Subdivision PUD Lot 9.1-Phase II, recorded November 21, 2002, in Book J of Plats, Page 348, Official Records. AND EXCEPT Phase I of the Gallatin Center Subdivision PUD Phase 4, recorded April 5, 2006, in Book J of Plats, Page 423, Official Records. Said temporary construction easements are depicted on Exhibit A and Exhibit B attached hereto and more particularly described as: Parcel 10-3: Beginning at the southwest corner of the easement herein described, being a point on the east right- of-way of Thomas Drive, from which point the south quarter corner of Section 35, T1S, R5E, P.M.M., bears S 34' 09' 14" W, 83.37 feet, said point of beginning; Thence, from said point of beginning, N 01- 29' 16" E, 10.21 feet along the east right-of-way of Thomas Drive; Thence, S 89' 01' 07" E, 669.53 feet; Thence, S 00* 58' 54"W, 30.00 feet to the north right-of-way of Baxter Lane; Thence, N 89' 01' 07" W, 650.04 along the north right-of-way of Baxter Lane; Thence, N 430 43' 41" W, 27.84 along the north right-of-way of Baxter Lane to the point of beginning, and containing 19,894 sqft, more or less and as shown on Exhibit A; CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 10-3,10-4,10-5,and 10-6 PROJECT#:4524.11402.01 Page 1 of 5 Parcel 10-5: Beginning at the southeast corner of the easement herein described, being a point on the north right- of-way of Baxter Lane, from which point the southeast corner of Section 35, T1S, R5E, P.M.M., bears S 00' 58' 53"W, 50.00 feet to the south section line of Section 35; Thence, S 89' 01' 07" E, 1128.29 feet along the south section line of Section 35, said point of beginning; Thence, from said point of beginning, N 89° 01' 07"W, 248.89 feet along the north right-of-way of Baxter Lane to the west line of said tract; Thence, N 00'56' 39" E, 35.00 feet along the west line of said tract; Thence, S 890 01' 07" E, 248.91 feet; Thence, S 00' 58'53"W, 35.00 to the north right-of-way of Baxter Lane to the point of beginning, and containing 8,712 sqft, more or less and as shown on Exhibit B; Parcel 10-6: Beginning at the southeast corner of the easement herein described, being a point on the north right- of-way of Baxter Lane and the west right-of-way of N. 19th Avenue, from which point the southeast corner of Section 35, T1 S, R5E, P.M.M., bears S 00' 58'53"W, 50.00 feet to the south section line of Section 35; Thence, S 89' 01' 07" E, 978.26 feet along the south section line of Section 35, said point of beginning; Thence, from said point of beginning, N 89' 01' 07"W, 95.03 feet along the north right- of-way of Baxter Lane;Thence, N 00' 58' 53" E, 35.00 feet; Thence, S 89' 01' 07" E, 95.00 feet to the west right-of-way of N. 19th Avenue; Thence, S 000 56' 16"W, 35.00 feet along the west right-of-way of N. 19th Avenue to the north right-of-way of Baxter Lane to the point of beginning, and containing 3,325 sqft, more or less and as shown on Exhibit B; The Temporary Construction Easements delineated as to said tracts of land on the exhibits attached hereto and made a part hereof as Exhibit A and Exhibit B of this instrument and designated as Parcels 10-3, 10-5, and 10-6. Said parcels are 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 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. CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 10-3,10-5,and 10-6 PROJECT*4524.11402.01 Page 2 of 5 no Dated this day of 20,/ GALLATIN CENTER LIMITED PARTNERSHIP, a Montana Limited Partnership Nam - ,.. geneX , III eneral artner of Gallatin Center Limited Partnership ACKNOWLEDGMENT OF GRANTOR STATE OF Mcwi aruj ) ) ss County of On this 3 day of J Pdv '-- 2012, before me, the undersigned, a Notary Public in and for the said State, personally appeared the Grantor, Eugene Graf, III, General Partner of Gallatin Center Limited Partnership, a Montana Limited 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 company, 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. suM'' HEIDI SUMMITT 10�0, Mijj,; Notary Public No'TAR144*. for the State of Montana , Residing at: Notary Public in and for the State of mnnrnawj SEAL Q; Bozeman, Montana My Commission Expires: i, o"oZ- �`Oq��OFMQ�P My Commission Expires: December 07,2020 CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 10-3,10-5,and 10-6 PROJECT#:4524.11402.01 Page 3 of 5 EXISTING20' \ WIDE UTILITY\\`\�\\ \\\ \\ \\\ \\ \\\ I\\\ \\ \ EASEMENT \\` \\ EXISTING 70'WIDE PUBLIC I\\`(TYP) \ \\ \\ \\\OPEN SPACE/LINEAR \\\\TRAIL AND STREAM \ \ \\\ Current Owner: \1\`t \\\`CORRIDOR EASEMEN\ ,Gallatin Center Limited >� `� Lu Partnership \ \\ \ \ \ > �� \ \\ EXISTING \\ \\� \� Z l.N 19thAve. \ \\\\ \\I PROPERTY I \\ \ \,C v W o Bozeman,MT 59715 \� \\` \I LINE \\\\`\ \ Q I\ LOT 3 OF MINOR \\ /\v \ I— I\SUBDIVISION NO.210 O OF SEC.35,T1S R5E '\ \�: \` J,\` PARCEL 10-3TCE \\`N\NEW TEMP. \� �\ \EASEMENT CONST. ,\\`i 1 (SEE DETAIL) \\`- )`t EXISTING ROAD \` \\ EASEMENT K OMEN BAXTERLANE 150 o teo 300 WALE N FEET PARCEL 10-3 DETAIL \ 'POB10-3\ `\12,\\ `:.'r ._...................................._........ .............:-:- J �N BAXTERI. V 00 o eA too V WALL N FEET L1 N 01°29'16"E,10.21 FEET R/W Legend L2 S 89°01'07"E,669.53 FEET ® Existing Road Easement L3 S 00°5815411 W,30.00 FEET New Temp.Const.Easement L4 N 89°01'0711 W,650.04 FEET L5 N 43°43'41"W,27.84 FEET " `` Area Remaining A temporary construction easement to the City of Bozeman, on a tract of land located in Lot 3 of Minor Subdivision No. 210 of Section 35, T1S, R5E, M.P.M., Gallatin County, Montana, more particularly described as follows; Beginning at the southwest corner of the easement herein described, being a point on the east right-of-way of Thomas Drive, from which point the south quarter corner of Section 35, T1S, R5E, P.M.M., bears S 34' 09' 14" W, 83.37 feet, said point of beginning; Thence, from said point of beginning, N 01' 29' 16" E, 10.21 feet along the east right-of-way of Thomas Drive; Thence, S 89' 01'07"E.669.53 feet;Thence, S 00° 58'54"W, 30.00 feet to the north right-of-way of Baxter Lane; Thence, N 89°01'07"W,650.04 along the north right-of-way of Baxter Lane;Thence, N 43'43'41" W,27.84 along the north right-of-way of Baxter Lane to the point of beginning, and containing 19,894 sqft,more or less. Right of ray Required for Baxter Lane and PR—CT: <6zo.11e ,01 q DATE 1.5 16 Davis y Lane Roadway Improvements B O W L city of Bozeman,Montana EXHIBIT A 20°°=— m==I PARCEL 10-3 Page 4 of 5 EXISTING20' WIDE UTILITY EXISTING 70'WIDE PUBLIC I�\\`EASEMENT ��� �� OPEN SPACE/LINEAR P\\ \\�� \\�\`�\�\CORIRIDOREASEMENT `Current Owner: `t\\v`���` ��� ��` �\ Gallatin Center Limited J \\\\\ PARCEL10-6TCE \� I�\t �� Z) w \Partnership �� ` �� Z �� NEWTEMP.CONST. `N 19thAve. ti�T ��w EASEMENT I� ���� \.,\ > o �Bozeman,MT59715 \I\\I`\� (SEE DETAIL) ����I��I N�i = Q I\ LOT 3 OF MINOR ��� �� PARCEL 10-5 TCE O \SUBDIVISIONNO.210•� NEW TEMP.CONST. �� ��`��� Z �+ EASEMENT OF SEC.SEC.35,T1S,R5E `�� ` SEE DETAIL \\\\\\\EXISTING\\\ PROP RTY �� ��LINE \ \\\\\\x l� EXISTING ROAD EASEMENT BA_XTERLANE feo o v„ feo aoo SOME N FW PARCEL 10-5 DETAIL PARCEL 10-6 DETAIL 13 **.:.POB 10-5:".;:;:: FBAXTER 10-6:`.<::00 77, BAXTER/LANE 5LANE /// 1I /7//////7///P///�` eo o eo mo m o eo foo WAE N FM WAE N FEET PARCEL 10-5 PARCEL 10-6 L1 N 89°01'07"W,248.89 FEET L5 N 89'01'07"W,95.03 FEET L2 N 00°56'39"E,35.00 FEET L6 N 00°58'53"E,35.00 FEET L3 S 89D 01'0711 E,248.91 FEET L7 S 89°01'07"E,95.00 FEET L4 S 00°58'53"W,35.00 FEET L8 S 00°56'16"W,35.00 FEET Two temporary construction easements to the R/W Legend City of Bozeman, on a tract of land located in ® Existing Road Easement Lot 3 of Minor Subdivision No. 210 of Section 35, T1S, R5E, M.P.M., Gallatin County, New Temp.Const.Easement Montana,more particularly described as follows; Area Remaining PARCEL 10-5 Beginning at the southeast corner of the easement herein described, being a point on the north right-of-way of Baxter Lane,from which point the southeast corner of Section 35,T1S, R5E, P.M.M., bears S 00° 58' 53"W, 50.00 feet to the south section line of Section 35; Thence, S 89' 01'07" E, 1128.29 feet along the south section line of Section 35, said point of beginning; Thence, from said point of beginning, N 89` 01'07" W, 248.89 feet along the north right-of-way of Baxter Lane to the west line of said tract;Thence, N 00°56'39"E,35.00 feet along the west line of said tract;Thence, S 89°01'07"E,248.91 feet;Thence, S 00'58'53"W,35.00 to the north right-of-way of Baxter Lane to the point of beginning,and containing 8,712 sqft,more or less. PARCEL 10-6 Beginning at the southeast corner of the easement herein described, being a point on the north right-of-way of Baxter Lane and the west right-of-way of N. 19th Avenue, from which point the southeast corner of Section 35, T1S, R5E, P.M.M., bears S 00' 58' 53"W, 50.00 feet to the south section line of Section 35; Thence, S 89° 01' 07" E, 978.26 feet along the south section line of Section 35,said point of beginning;Thence, from said point of beginning, N 89°01'07"W,95.03 feet along the north right-of-way of Baxter Lane; Thence, N 00' 58'53" E, 35.00 feet; Thence, S 89'01' 07" E, 95.00 feet to the west right-of-way of N. 19th Avenue; Thence, S 00° 56' 16" W, 35.00 feet along the west right-of-way of N. 19th Avenue to the north right-of-way of Baxter Lane to the point of beginning,and containing 3,325 sqft,more or less. Right of ray Required for Baxter Lane and PRWECT: 4524.114020, Daws Lane Roadway Improvements DATE: ,Osao,a OOW L City of Bozeman,Montana EXHIBIT B 20 77rD"- 9� I"i°P"6 PARCEL 10-5&10-6 Page 5 of 5