HomeMy WebLinkAbout18- Temporary Construction Easement - R. & S. Essig Revocable Living Trust - North 7th Avenue Lighting Improvements Return to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman, MT 59771-1230
2613863
Page: 1 of 4 05/16/2018 11:57:54 AM Fee: $38.00
.Return to: Charlotte Mills - Gallatin County, MT
DOW I IIIIIII IIIIII III IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIII IIIIIII III IIIII IIII IIII
2090 Stadium Drive
Bozeman, MT 59715
�rBo2�� PROJECT NAME: NTH 7TH AVE.
CITY OF BOZEMAN LIGHTING IMPROVEMENTS
fci C r 94 Engineering Division PROJECT#: 4524.11402.03
Public Works Department
'Q--- ,-- �-' PARCEL M S
TEMPORARY CONSTRUCTION
EASEMENT OOWL
THE GRANTOR(S), ROBERT G. ESSIG AND SHERYL J. ESSIG REVOCABLE LIVING TRUST
AGREEMENT DATED MAY 9, 2005, whose mailing address is 521 S. 5th Avenue, Bozeman MT 59715,
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 west line of which is coincident with the east line of a public
access and utility easement lying in Lot 23, Tracy's 2nd Addition, Block E, 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 S. Said parcel, containing 2,100.61 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 S
PROJECTM 4524.11402.03 Page 1 of 3
ROBERT G. ESSIG AND SHE L J. ESSIG REVOCABLE LIVING TRUST AGREEMENT DATED MAY
9, 2005
Name: Robe G. Essig
Title: Trus e of the Robert G. ES ' tl Sheryl J. Essig
Revoca e Living Trust Agreement Dated May 9, 2005
ACKNOWLEDGMENT OF GRANTOR(S)
STATE OF" M,p,, )
) ss
County of )
On this),o�Iay of 20_L�, before me, the undersigned, a Notary Public in and for
the said State, personally app ared the Grantor, Robert G. Essig, trustee of the Robert G. Essig and
Sheryl J. Essig Revocable Living Trust Agreement Dated May 9,2005, 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.
BRENDA SWEENEY
Notary Public
?•NOTnRJg4�A:for the State of Montana Notary Public in and for the Sta of
" Residing at: My Commission Expires:
y;.SEAL,� Bozeman, Montana
My Commission Expires:
December 02,2018
CITY OF BOZEMAN PROJECT NAME:NTH 7TH AVE.LIGHTING IMPROVEMENTS Parcel S
PROJECT#:4524.11402.03 Page 2 of 3
Name: herry J. Essig
Title: rustee of the Robert G.tssig and Sheryl J. Essig
Revocable Living Trust Agreement Dated May 9, 2005
ACKNOWLEDGMENT OF GRANTOR(S)
STATE OF RPA-D� )
)SS
County of G-aLlaR), )
On this ay of 20g, before me, the undersigned, a Notary Public in and for
the said State, personally a geared the Grantor, Sherry J. Essig, trustee of the Robert G. Essig and
Sheryl J. Essig Revocable Living Trust Agreement Dated May 9,2005, 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.
BRENDA SWEENEY
SWFFti`: Notary Public
Vim?�esnR�A� for the State of Montana Notary Public in and for the toe of
Residing at: M Commission Expires: a
.SEAL:=Q;= Bozeman, Montana Y p
My Commission Expires:
`%�.,,, ► December 02.2018
CITY OF BOZEMAN PROJECT NAME:NTH 7TH AVE.LIGHTING IMPROVEMENTS Parcel S
PROJECT#:4524.11402.03 Page 3 of 3
EXHIBIT
A TEMPORARY CONSTRUCTION EASEMENT,THE WEST LINE OF WHICH IS COINCIDENT WITH THE EAST LINE OF A
PUBLIC ACCESS AND UTILITY EASEMENT LYING IN LOT 23,TRACY'S 2ND ADDITION, BLOCK E, SITUATED IN THE NE1/4
OF SECTION 12,TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA.
OWNER INFORMATION(CURRENT AS OF PRINTED DATE):
ROBERT G AND SHERRY J ESSIG RE LVG TR AGR
521 S.5TH AVE.
BOZEMAN,MT.59715
AREA=2100.61 SQFT
W .. LAMME ST.
LEGEND:
S89004'22"E PROPERTY BOUNDARY
15.00'
W 2iTj zi^' r' _ a I \ PROPOSED EASEMENT
f� (TEMPORARY CONSTRUCTION EASEMENT)
LIMITS OF CONSTRUCTION WORK
O-O PROPOSED LUMINAIRE
PROPOSED CONCRETE
c` PROPOSED ASPHALT
• ':. PROPOSED 15.0'TEMPORARY CONST. I H PROPOSED BOULEVARD
LLJ I ,t-7 EASEMENT(SAVING AND EXCEPTING
EXISTING BUILDING STRUCTURES)
'. PROPOSED 8.00'PEDESTRIAN
W �II ACCESS AND UTILITY EASEMENT
c� .._. z
°I
S 1 1643"W o
_ 140.04' w
Q W
Z U
Z
04 f:I LIMITS OF p m
CONSTRUCTION WORK
N 1°16'43"E y`
140.04'�
N89°04'38"W:.
11
20'
15.00'
S89004'38"E 0 30
8.00, - --
r~`', IN FEET )
I
NORTH 7TH AVENUE
®� Morrison 315 flings,
MT 5910,Sui[e 102 DRAWN BY: KDJ STREETSCAPE IMPROVEMENTS PROJECTS
v Billings,MT 59101 0417.063
DSGN.BY: KDJ BOZEMAN MT
M a i e r l e ® vnvvsm m0ne APPR.B jC 77
FIGURE NUMBER
DATE:0
engineers•surveyors•planners•scientists EXHIBIT A A
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N:\041A0631AGADlExhibits\EASENIENTS-H-II-2015.dwg Plotted by kevin d.jawbsen on Junr2Q017