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\
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._...................................._........ .............:-:- 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