HomeMy WebLinkAbout18- Temporary Construction Easement - L & S Properties, LLC - Oak and Cottonwood Roundabout Improvements EEK�o
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Charlotte Mills - Gallatin County, MT MISC
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2090 Stadium Drive
Bozeman, MT 59715
y PROJECT NAME: OAK AND
CITY OF BOZEMAN COTTONWOOD ROUNDABOUT
92, Engineering Division IMPROVEMENTS
Public Works Department PROJECT#: 4524.11402.16
8 01 TEMPORARY CONSTRUCTION PARCELM 2-1
� � EASEMENT
THE GRANTOR, L & S Properties, LLC, a Montana Limited Liability Company, whose mailing
address is 257 Heidi Lane, Belgrade, Montana 59714, 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, its successors and assignees, an unrestricted Temporary Construction
Easement, over, and across the following described real property located in Gallatin County, Montana:
Lot 4 in Block 5 of the Final Plat of Flanders Creek Subdivision, City of Bozeman, Gallatin County,
Montana. [Plat No. J-434].
Said temporary construction easement is depicted on Exhibit A attached hereto and more particularly
described as:
Beginning at the Northeast corner of Lot 4 and the easement herein described, being a point on the
West right-of-way of North Cottonwood Road, from which point the quarter corner common to
Sections 3 and 4, T2S, R5E, P.M.M., bears N 29°22' 48" E, 126.76 feet, said point of beginning;
Thence, from said point of beginning, S 01' 07' 40" W, 156.75 feet along the West right-of-way of
North Cottonwood Road; Thence, N 88' 52' 20"W, 15.00 feet; Thence, N 01° 07' 40 " E, 132.00 feet;
Thence, N 45' 22' 11" W, 34.45 feet to the North line of Lot 4; Thence, N 89' 38' 46" E, 40.00 feet
along the North line of Lot 4 to the West right-of-way of North Cottonwood Road and to the point of
beginning, and containing 2,653 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 2-1. Said parcel, containing 2,653 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 Oak and Cottonwood
Roundabout 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.
� W L PROJECT NAME:OAK AND COTTONWOOD ROUNDABOUT IMPROVEMENTS Parcel 2-1
PROJECT*4524.11402.16 Page 1 of 3
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.
L &S PROPERTIES, LLC
Michael Slawson
Member of L& S Properties, LLC
ACKNOWLEDGMENT OF GRANTOR
STATE OF�)
) SS
County of )
On this L day of 201`, before me, the undersigned, a Notary Public in and for
the said State, personally appe,red the Grantor, Michael Slawson, member of L & S PROPERTIES, LLC,
a Montana Limited Liability Company, 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.
E'ER BROOKE E ROGERS
O.• OCR,'-, Notary Public
m�NpTAR/,q��Nsfor the State of Montana �(
Residing at: 61
* SEAL. Q Belgrade, Montana ` Mary u lic in a the State of
'9 •...• P" My Commission Expires: My Commission E> es: (//o'�`j/ q
�OF mo""> June 29,2019
PROJECT NAME:OAK AND COTTONWOOD ROUNDABOUT IMPROVEMENTS Parcel 2-1
D O W L PROJECT#:4524.11402.16 Page 2 of 3
LOT 4 IN BLOCK 5 OF Current Owner:
FLANDERS CREEK L&S Properties, LLC
SUBDIVISION
SEC.4,T2S,R5E
j I -
al
WEST OAK STREET I
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♦ ♦ ♦ ♦ ♦ ♦ f:: ¢O /
EXISTING I♦ �lift
PROPERTY ; o
LINE(TYP) " �O�
♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ��:. O
i ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ Z
EXISTING I♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ :+:; O
UTILITY `
EASEMENT ♦♦ ` Z�, �O
(TYP)
OZI
PARCEL 2-1
NEW TEMPORARY
CONSTRUCTION
EASEMENT
L1 S 01°07'40"W, 156.75 FEET
L2 N 88°52'20"W, 15.00 FEET
L3 N 01-07'40"E, 132.00 FEET
L4 N 45°22' 11"W,34.45 FEET
L5 N 89°38'46"E,40.00 FEET
R/W Legend
® Existing Road Right-of-Way
New Easement Area
Area Remaining
75 0 75 150NN
SCALE IN FEET I■
Lot 4 in Block 5 of the Final Plat of Flanders Creek Subdivision,City of Bozeman,Gallatin County, Montana.[Plat No.J-434]
Said temporary construction easement is more particularly described as:
Beginning at the Northeast corner of Lot 4 and the easement herein described, being a point on the West right-of-way of
North Cottonwood Road, from which point the quarter corner common to Sections 3 and 4, T2S, R5E, P.M.M., bears N 29'
22'48" E, 126.76 feet, said point of beginning; Thence, from said point of beginning, S 01' 07'40"W, 156.75 feet along the
West right-of-way of North Cottonwood Road; Thence, N 88' 52' 20"W, 15.00 feet; Thence, N 01' 07'40 " E, 132.00 feet;
Thence, N 45° 22' 11"W, 34.45 feet to the North line of Lot 4;Thence, N 89'38'46" E, 40.00 feet along the North line of Lot
4 to the West right-of-way of North Cottonwood Road and to the point of beginning,and containing 2,653 sqft.,more or less.
Right of Way Re uired for the Oak and Cottonwood PROJECT: 4 524-1 1 402.16
9 Y q Roundabout Improvements Project DATE: 3/162018
'01DOWL City of Bozeman, Montana EXHIBIT A
2080 S1edlum DrNa Bww=,Mon1em69715 PARCEL 2-1
406-SMBB "ww. t.�, Page 3 of 3