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Home My WebLink About18- Temporary Construction Easement - Christ the King Lutheran Church of Bozeman, Montana - Durston and Ferguson Roundabout Improvements T MONTANA TI LE AND ES RROW ORDER# PL,�TTED ✓ Return to: 2618960 DOWL Page: 1 of 3 07/11/2018 12:00:46 PM Fee. $21.00 2090 Stadium Drive Charlotte Mills - Gallatin County, MT MIsc Bozeman, MT 59715 PROJECT NAME: DURSTON AND CITY OF BOZEMAN FERGUSON ROUNDABOUT Engineering Division IMPROVEMENTS Public Works Department :��, PROJECT#: 4535.11402.14 CO. °`�� TEMPORARY CONSTRUCTION PARCELM 1-2 EASEMENT THE GRANTOR, Christ The King Lutheran Church of Bozeman, Montana, which acquired title as Christ The King Lutheran Church, whose address is 4383 Durston Road, 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: Lot 1 of Minor Subdivision No. 253, a tract of land being a portion of the E'hSW'/ of Section 3, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana, 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 84' 57' 31" E, 725.00 feet, said point of beginning; Thence, from said point of beginning, N 88' 31' 02" W, 565.06 feet along the North right-of-way of Durston Road to the East right-of-way of Flanders Mill Road; Thence, N 020 18' 57" E, 15.00 feet along the East right-of-way of Flanders Mill Road; Thence, S 88' 31' 02" E, 355.04 feet; Thence, N 02' 18' 57" E, 15.00 feet; Thence, S 88' 31' 02" E, 210.02 feet to the West line of a storm drain easement; Thence, S 02' 18' 57" W, 30.00 feet along the West line of a storm drain easement to the North right-of-way of Durston Road and to the point of beginning, and containing 11,626 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 1-2. Said parcel, containing 11,626 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. . D O W L PROJECT NAME: DURSTON AND FERGUSON ROUNDABOUT IMPROVEMENTS Parcel 1-2 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. Christ The King Lutheran Church of Bozeman, Montana 44� &k&r v Name:,V,A, e7, V-e-ek -�� Title: P e u'o' Lz,� ACKNOWLEDGMENT OF GRANTOR STATE OF #kow-61w ) ) SS County of Anh IIAlky, ) On this µ _ s�day of GLT�.y , 20 1b, before me, the undersigned, a Notary Public in and for the said State, personally appeared the Grantor, sLwvmi &e-k to Lu , the P,Aed Tc +" of Christ The King Lutheran Church of Bozeman, Montana, 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. ANTHONY GADDO • f= Notary Public �•aoTANy4'.0O :for the State of Montana Notary Public in and for the State of * Residing at: My Commission Expires: =L,,•SEaI. Bozeman, Montana 9OF'pAO MY Commissio0 Expires: January 30,2019 ALI PROJECT NAME: DURSTON AND FERGUSON ROUNDABOUT IMPROVEMENTS Parcel 1-2 B O W L PROJECT#:4535.11402.14 Page 2 of 3 Current Owner: Christ the King Lutheran Church \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \EXISTING \I \ \ \ \ \ \ \ \ \ \ \ \ \ PROPERTY\ \ \ \ \ \ \ \ \ \ \ \LINE(TYP) � \ \ � � \ \ \ \ \I\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ LOT 1 OF MINOR SUBDIVISION NO.253 SEC.3,T2S,R5E \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \EXISTING\ DITCH r \ \MAINTENANCE EASEMENT '4 \\\ \\\ \\\ \\\I \ \ \ \ I\\ I I J\I\ \ \ \ \ \ \ EXISTINGPUB UTIILIIY \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ EASEMENT Lu O P) \ \ \ \ \ \ \ \ \ \ \ I EXISTING STORM STORM ✓g I\I\ \ \ \ \ \ \ \ \ \ \ \ \ \DRAIN EASEMENT LL \I \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \I\l\ \ \ \ \ \ \ \ PARCEL 1-2 \ \ NEW TEMPORARY, I \I \ \ \ \ \ \ \CONSTRUCTION I \I \ \ \ \ \ \EASEMENT ......................................._........._ J ................ ..............................:. _ .............�, _..................................................... — — — — — — — — — — —� 71POB — DURSTON ROAD I L1 N 88°31'02"W,565.06 FEET L2 N 02°18'57"E, 15.00 FEET L3 S 88°31'02"E,355.04 FEET L4 N 02°18'57"E, 15.00 FEET L5 S 88°31'02"E,210.02 FEET L6 S 02°18'57"W,30.00 FEET R/W Legend ® Existing Road Right-of-Way 75 o 75 tso New Easement Area SCALE IN FEET ````` Area Remaining N V Lot 1 of Minor Subdivision No. 253, a tract of land being a portion of the E%SWY<of Section 3, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana, 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 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, RSE, P.M.M.,bears S 84°57'31"E, 725.00 feet,said point of beginning;Thence,from said point of beginning, N 88°31'02"W,565.06 feet along the North right-of-way of Durston Road to the East right-of-way of Flanders Mill Road; Thence, N 02' 18' 57" E, 15.00 feet alono the East right-of--wav of