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HomeMy WebLinkAbout18- Temporary Construction Easement - Gallatin Valley Presbyterian Church - Durston and Ferguson Roundabout Improvements PLATTED MTE MONTANA TITLE AND ESC OW 2624840 ORDER# Page: 1 of 3 08/30/2018 11,13:59 AM Fee $21.00 Charlotte Mills - Gallatin County, MT MISC 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 �7,r_-=- '__ PROJECT#: 4535.11402.14 "'fh_O. � TEMPORARY CONSTRUCTION PARCEL#: 2-3 EASEMENT THE GRANTOR, Gallatin Valley Presbyterian Church, whose address is 4720 Classical Way, Bozeman, MT 59718, for and in consideration of Ten and No/100 - Dollars, and other valuable consideration, in hand paid, grants 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 1 in Block 1 of Diamond Estates No. 2, Phase I to the City of Bozeman, Gallatin County, Montana [Plat No. J-360], according to the official plat thereof on file and of record in the office of the County Clerk and recorder of Gallatin County, Montana. Said temporary construction easement is depicted on Exhibit A attached hereto and more particularly described as: Beginning at the Southeast 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 59' 06' 33" E, 91.64 feet, said point of beginning; Thence, from said point of beginning, N 880 31' 02"W, 583.77 feet along the North right-of-way of Durston Road to the West line of Lot 1; Thence, N 02' 18' 57" E, 20.00 feet along the West line of Lot 1; Thence, S 880 31' 02" E, 604.28 feet; Thence, N 02' 22' 06" E, 65.00 feet; Thence, S 87' 37' 54" E, 10.00 feet to the West right-of-way of North Ferguson Avenue; Thence, S 020 22' 06" W, 70.35 feet along the West right-of- way of North Ferguson Avenue to the North right-of-way of Durston Road; Thence, S 660 13' 15" W, 33.97 feet along the North right-of-way of Durston Road to the point of beginning, and containing 12,714 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 2-3. Said parcel, containing 12,714 square feet, more or less, is hereby temporarily 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. p O W L PROJECT NAME:DURSTON AND FERGUSON ROUNDABOUT IMPROVEMENTS Parcel 2-3 PROJECT#:4535.11402.14 Page 1 of 3 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. Gallatin Valley Presbyterian Church Name: /Lt c c kA f'J , ,�I,L Title: PMsld f-Gr ACKNOWLEDGMENT OF GRANTOR STATE OF kU ,.fnftM ) )ss County of 6-4/1s htit ) On this 214r day of Swt__ 20&, before me, the undersigned, a Notary Public in and for the said State, personally appeared the Grantor, u,1 I L' ke-111 the f- of Gallatin Valley Presbyterian Church, 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. ,'�oNY,GgO ANTHONY GADDO Notary Public N q� for the State of Montana Notary Public in and for the State of Mto►s Ig * Residing at: My Commission Expires: 1I3C�1'l N9H.A��Pae, Bozeman, Montana 'FOF Mo My Commission Expires: January 30,2019 PROJECT NAME:DURSTON AND FERGUSON ROUNDABOUT IMPROVEMENTS Parcel 2-3 I]O W L PROJECT#:4535.11402.14 Page 2 of 3 LOT 1 IN BLOCK 1 OF DIAMOND Current Owner: ESTATES SUBDIVISION NO.2,PHASE I Gallatin Valley Presbyterian SEC.3,T2S,R5E Church \ \ \ \ \ \ \ \ \ \ \ \EXISTING . \ \ \ \ \ \ \ \ \ \ \ \ I I \ \ \ \ \ \ \ \ \ \ \ \ \PINE(TYP \ \ \ \ \ \ \ \ \ \ \I\ I �Zl/ I \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ Y I I I\ \ \ \ \ \EXISTING \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ Q1 \ \ \ \ \UTILITY \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ ZI 1 1 I I\ \ \ \ \ENP)MENT\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ Cl) I I I \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ `PARCEL 2-3 \ \ \ "-1 \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \NEW TEMPORARY\ I 1 I I \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ `CONSTRUCTIONEA \ \ \L5 t I I \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ N _ J DURSTON ROAD L1 N 88°31'02"W,583.77 FEET L2 N 02° 18'57"E,20.00 FEET L3 S 88°31'02"E,604.28 FEET L4 N 02°22'06"E,65.00 FEET L5 S 87°37'54"E,10.00 FEET L6 S 02°22'06"W,70.35 FEET L7 S 66° 13'15"W,33.97 FEET R/W Legend ® Existing Road Right-of-Way New Easement Area 75 o 75 tso \\\\\ SCALE IN FEET © Area Remaining N V Lot 1 in Block 1 of Diamond Estate No.2, Phase I to the City of Bozeman,Gallatin County,Montana.[Plat No.J-360]. Said temporary construction easement is more particularly described as: Beginning at the Southeast 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 59' 06'33" E, 91.64 feet,said point of beginning;Thence,from said point of beginning,N 88°31'02"W,583.77 feet along the North right-of-way of Durston Road to the West line of Lot 1; Thence, N 02° 18' 57" E, 20.00 feet along the West line of Lot 1;Thence, S 88°31'02"E,604.28 feet;Thence, N 02°22'06" E,65.00 feet;Thence,S 87°37'54"E, 10.00 feet to the West right-of-way of North Ferguson Avenue; Thence, S 02' 22' 06" W, 70.35 feet along the West right-of-way of North Porn-- A--. +n 0— Alnr+h .;-k+..f...... ..f n.,........ m....J. ram_-__ n — — ..-.. ... --- .. .. ..