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HomeMy WebLinkAbout18- Temporary Construction Easement - S. & G. Lindblom, C. & C. Croskey - Durston and Ferguson Roundabout Improvements MONTANA T7 AND E / ORDER# � PLATTED / 2624842 Page: 1 of 4 08/30/2018 11:13:59 AM Fee. $28,00 Charlotte Mills - Gallatin County, MT MISC I IIIIIII IIIIII III IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIII IIIIIII III IIIII IIIII IIIII IIII IIII Return to: DOWL 2090 Stadium Drive Bozeman, MT 59715 PROJECT NAME: DURSTON AND CITY OF BOZEMAN FERGUSON ROUNDABOUT Engineering Division IMPROVEMENTS * *' Public Works Department cr :8 — PROJECT PROJECT#: 4535.11402.14 0 TEMPORARY CONSTRUCTION PARCEL#: 3-2 EASEMENT THE GRANTORS, Sherryl L. Lindblom and Greg A. Lindblom, as joint tenants (as to Unit 4092), whose address is P.O. Box 2271, Gillette WY 82717; and Cody J. Croskey and Chelsey K. Croskey, as joint tenants (as to Unit 4094), whose address is 4094 Carbon St., Bozeman, MT 59718; 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: Unit 4092 and 4094 of the Carbon Street Condominium, located on Lot 1 in Block 4 of Diamond Estates Subdivision No. 2, Phase 1, 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, Gallatin County, Montana. (Plat J-360) together with an undivided 50% interest in the common elements of the condominium appertaining to each unit as set forth above. The preliminary declaration and bylaws for which were recorded April 19, 2004, as Document No. 2147019, and the final declaration for Carbon Street Condominium recorded April 28, 2004, as Document No. 2148147, records of Gallatin County, Montana. The use of the condominium units are for single family residential Purposes only. Said temporary construction easement is depicted on Exhibit A attached hereto and more particularly described as: Beginning at the Southwest corner of the easement herein described, being a point on the North right-of-way of Durston Road, from which point the quarter corner common to Sections 3 and 10, T2S, R5E, P.M.M., bears S 58' 14' 26"W, 82.12 feet, said point of beginning; Thence, from said point of beginning, N 50' 19' 00" W, 22.63 feet along the North right-of-way of Durston Road to the East right-of-way of North Ferguson Avenue; Thence, N 02' 22' 06" E, 12.57 feet along the East right-of- way of North Ferguson Avenue; Thence, S 500 19' 00" E, 26.79 feet; Thence, S 88' 31' 45" E, 60.44 feet to the East line of Lot 1; Thence, S 02' 22' 06"W, 10.00 feet to the North right-of-way of Durston Road; Thence, N 88' 31' 45"W, 63.75 feet along the North right-of-way of Durston Road to the point of beginning, and containing 868 sgft., more or less and as shown on Exhibit A; IAL p 0 W L PROJECT NAME:DURSTON AND FERGUSON ROUNDABOUT IMPROVEMENTS Parcel 3-2 PROJECT#:4535.11402.14 Page 1 of 4 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 3-2. Said parcel, containing 868 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 Durston and Ferguson 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 Grantors harmless from any and all liability that may result or arise from the exercise of the rights granted hereby. The CITY OF BOZEMAN hereby covenants and agrees to defend and indemnify Grantors, its officers, directors, employees, agents, and invitees and save them harmless from any and all liability, loss, costs or obligations, including, without limitation, reasonable attorneys' fees, on account of, or arising out of, any such injury or loss caused or claimed to be caused by the exercise of this easement or use of this easement, however occurring, other than those caused solely by the willful or negligent acts or omissions of the Grantors. The Grantors hereby covenant with the CITY OF BOZEMAN that the Grantors have good title to the above-described tract of land, and covenant 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. Sherryl L. Lindblom and Greg A. Lindblom, as joint tenants (as to Unit 4092) \' A,,, -� Sherry) L. L' dbl m Greg A Indblom ACKNOWL EDGoaMr E`NTOF oGf R NTORS STATE OF� ) TashinaCodz-Notary Public stateCounty of )ss Campbell Wyoming County of CW ) ( . a� My Commission Expires On this Xk1day of 20t before me, the undersigned, a Notary Public in and for the said State, personally appeared the Grantors, Sherry[ L. Lindblom and Greg A. Lindblom, as joint tenants (as to Unit 4092), known to me to be the identical individuals who executed the foregoing instrument, who acknowledged to me that the individuals executed the same as the free and voluntary act of said Grantors, 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. - , AA�Ay Notary Pu lic in and for the State of Y� My Commission Expires: PROJECT NAME:DURSTON AND FERGUSON ROUNDABOUT IMPROVEMENTS Parcel 3-2 B O W L PROJECT*4535.11402.14 Page 2 of 4 Cody J. Croskey and Chelsey K. Croskey, as joint tenants (as to Unit 4094) (-t V's��Olar L�' o y os ce ey C. Cr s ACKNOWLEDGMENT OF GRANTORS STATE OF kUomjr," ) )Ss County of ) On this 2d4day of Svwt._ 20_& before me, the undersigned, a Notary Public in and for the said State, personally appeared the Grantors, Cody J. Croskey and Chelsey K. Croskey, as joint tenants (as to Unit 4094), known to me to be the identical individuals who executed the foregoing instrument, who acknowledged to me that the individuals executed the same as the free and voluntary act of said Grantors, 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. Fl�',,O"�TAR/.'j "O" Y' o ANTHONY GADDOQNotary Public Notary Public in and for the State of wtm"Lrv" �:o';for the State of Montana My Commission Expires: * *= Residing at: N9 SF,A,I,•=Q` Bozeman, Montana My Commission Expires: January 30,2019 . PROJECT NAME: DURSTON AND FERGUSON ROUNDABOUT IMPROVEMENTS Parcel 3-2 D O W L PROJECT#:4535.11402.14 Page 3 of 4 LOT 1 IN BLOCK 4 OF DIAMOND Current Owner: ESTATE NO.2,PHASE I Sherryl L.Lindblom and Greg A.Lindblom(Unit 4092) SEC.3,T2S, R5E Cody J. Croskey and Chelsey K.Croskey(Unit 4094) j I I I CARBON STREET I I I Lu \ \ \ \ \ \ \ \ \ \ \ z \i\ \ \ \ \ \ \ \ \ \ EXISTING j \ \I\ \ \ \ \ \ \ \ \ \ PROPERTY I ¢ \ \I\ \ \ \ \ \ \ \ \ \ LINE(TYP) 1 0 \ \ \ \ \ \ \ \ \ \ \ \ \I\ \ \ \ \ \ \ \ \ \ w \ \ \ \ \ \ \ \ \ \ \ I u- \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ EXISTING UTILITY EASEMENT TYP .. \ \ \ \L4 \ \ \ \ - - - - - - L1 _ ::: `9l�:: : cn — I POB PARCEL 3-2 NEW TEMPORARY CONSTRUCTION EASEMENT DURSTON ROAD I I I L1 N 50°19'00"W,22.63 FEET L2 N 02°22'06"E, 12.57 FEET L3 S 50°19'00"E,26.79 FEET L4 S 88°31'45"E,60.44 FEET L5 S 02-22'06"W, 10.00 FEET L6 N 88°31'45"W,63.75 FEET R/W Legend ® Existing Road Right-of-Way zs o 25 so New Easement Area SCALE IN FEET \\\\\ © Area Remaining N Units 4092 and 4094 of the Carbon Street Condominium,located on Lot 1 in Block 4 of Diamond Estates Subdivision No.2, Phase 1,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, Gallatin County, Montana. (Plat J-360) together with an undivided 50% interest in the common elements of the condominium appertaining to each unit as set forth above. The preliminary declaration and bylaws for which were recorded April 19,2004,as Document No.2147019,and the final declaration for Carbon Street Condominium recorded April 28,2004,as Document No.2148147, records of Gallatin County, Montana.The use of the condominium units are for single family residential purposes only.