HomeMy WebLinkAbout18- Temporary Construction Easement - Flanders Creek, HOA - Oak and Cottonwood Roundabout Improvements 1
1 ,
T
MONTANA TIT�EscR
ORDER
2632631
PLATTE Page: 1 of 3 11/28/2018 11:22:17 AM Fee $21.00
Charlotte Mills - Gallatin County, MT MISC
IIIIIII IIIIII III IIII(IIIIII IIIIII IIII IIII IIIII IIIII IIIII IIIIIII III IIIII IIIII IIII IIII
Return to:
DOWL
2090 Stadium Drive
Bozeman, MT 59715
PROJECT NAME: OAK AND
soil
CITY OF BOZEMAN COTTONWOOD ROUNDABOUT
Engineering Division IMPROVEMENTS
Public Works Department PROJECT M 4524.11402.16
Y
Ct9r�N8p,M1f TEMPORARY CONSTRUCTION PARCEL#: 1-2
EASEMENT
THE GRANTOR, Flanders Creek, HOA, whose mailing address is P.O. Box 10684, Bozeman, MT
59719, 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:
A tract of land described as Common Area No. 1 in Block 5 of the final plat of Flanders Creek
Subdivision, City of Bozeman, Gallatin County, Montana, according to the official plat thereof on file
and of record in the office of the Clerk and Recorder of 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 Southeast corner of said tract 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 89' 38' 46" W, 40.00 feet along the South line of said tract;
Thence, N 45' 22' 11"W, 49.55 feet; Thence, S 89' 37' 49"W, 302.00 feet; Thence, N 00' 22' 11"W,
15.00 feet to the South right-of-way of West Oak Street; Thence, N 89' 37' 49" E, 357.18 feet along
the South right-of-way of West Oak Street to the West right-of-way of North Cottonwood Road;
Thence, S 22' 00' 41" E, 53.85 feet along the West right-of-way of North Cottonwood Road to the
point of beginning, and containing 7,174 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 7,174 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.
p 0 W L PROJECT NAME:OAK AND COTTONWOOD ROUNDABOUT IMPROVEMENTS Parcel 1-2
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.
FLANDERS CREEK, HOA
l5 '
Ji oar
P sident
ACKNOWLEDGMENT OF GRANTOR
STATE OF m� )
) ss
n
County of�0't(0,4filo )
On this la'Wday of 0�f Ace 20(9, before me, the undersigned, a Notary Public in and for
the said State, personally appeared the Grantor, Jim Doar, the President of Flanders Creek, HOA,
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.
SARAH GRACEY
9 p.....�o, ;
�P.• Notary Public
a :No1ARrg4. :for the State of Montana Notary Public in Ad for th ate of MT _
Residing at: My Commission Expires: I�f$�aUo?>•
;UNSEAL.-*, Bozeman, Montana
°yam`of M��P My Commission Expires:
January 18, 2021
PROJECT NAME:OAK AND COTTONWOOD ROUNDABOUT IMPROVEMENTS Parcel 1-2
B O W L PROJECT#4524.11402.16 Page 2 of 3
y 1
COMMON AREA NO. 1 IN Current Owner:
BLOCK 5 OF FLANDERS Flanders Creek, HOA
CREEK SUBDIVISION
SEC.4,T2S,R5E
— — el -
/WEST OAK STREET I
POB/
JY w
EXISTING II ' /.(
PROPERTY PARCEL 1-2 I �,/o
LINE(TYP) NEW TEMPORARY Y
CONSTRUCTION V I
EASEMENT I , Z
EXISTING '
UTILITY I I I 0
EASEMENT ~
(TYP) I I � '/cc)
r
� I
Z I
I
L1 S 89°38'46"W,40.00 FEET
L2 N 45°22'11"W,49.55 FEET
L3 S 89°37'49"W,302.00 FEET
L4 N 00"22'11"W, 15.00 FEET
L5 N 89°37'49"E,357.18 FEET
L6 S 22"00'41"E,53.85 FEET RAN Legend
® Existing Road Right-of-Way
New Easement Area
Area Remaining
75 0 75 150 t
SCALE IN FEET I■
A tract of land described as Common Area No. 1 in Block 5 of Flanders Creek Subdivision to the City of Bozeman, Gallatin
County,Montana.[Plat No.J-434]
Said temporary construction easement is more particularly described as:
Beginning at the Southeast corner of said tract 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 89' 38'46"W, 40.00 feet along the
South line of said tract;Thence, N 45'22'11"W,49.55 feet;Thence, S 89"37'49"W,302.00 feet;Thence, N 00'22'11"W,
15.00 feet to the South right-of-way of West Oak Street;Thence, N 89'37'49"E,357.18 feet along the South right-of-way of
West Oak Street to the West right-of-way of North Cottonwood Road; Thence, S 22° 00'41" E, 53.85 feet along the West
right-of-way of North Cottonwood Road to the point of beginning,and containing 7,174 sqft.,more or less.
Right of Way Required for the Oak and Cottonwood PROJECT: 4524.11402.16
g y q DATE: 3/162018
Roundabout Improvements Project
p p W L. City of Bozeman, Montana EXHIBIT A
4a90 Sleedm DM B ,►mIam 6R15 PARCEL 1-2
Page 3 of 3