HomeMy WebLinkAbout18- Temporary Construction Easement - National Retail Properties, LP - North 7th Avenue Lighting Improvements 2636040
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City of Bozeman-City Clerk Eric Semerad - Gallatin County, MT MISC
P.O. Box 1230
Bozeman, MT 59771-1230
o Z; PROJECT NAME:NTH 7TH AVE.
CITY OF BOZEMAN LIGHTING IMPROVEMENTS
ci Engineering Division
# _ * Public Works De artment PROJECT#: 4524!11402.03
z -8f p PARCEL#:GG
cf' TEMPORARY CONSTRUCTION
EASEMENT
THE GRANTOR(S), NATIONAL RETAIL PROPERTIES, L P , a Delaware Limited Partnership, whose
address is 450 South Orange Avenue, Suite 900, Orlando, FL 32801-3339, 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, Grantee and to its successors and assignees, an unrestricted
Temporary Construction Easement across a 15 foot wide strip of land, over, and across the following
described real estate:
A Temporary Construction Easement, the east line of which is coincident with the west line of a public
access and utility easement lying in the north 45 feet of Tract 9 and the south 30 feet of Tract 10 of
Durston Subdivision, situated in the NE1/4 of Section 12, Township 2 South, Range 5 East, Principal
Meridian, Gallatin County, Montana;
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 GG. Said parcel, containing 1,125.35 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 Nth 7th Ave. Lighting
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. 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 from any
interference by Grantor or those claiming by, through or under Grantor. This Temporary Easement is in
effect for a period beginning the 1st day of construction on the property and ending on the earlier of
completion of construction or two (2) years later, at which time this easement shall expire and be of no
force and effect.
Grantee shall exercise its rights hereunder in a manner as to not unreasonably interfere with the business
being operated on Grantor's land.
CITY OF BOZEMAN PROJECT NAME:NTH 7TH AVE.LIGHTING IMPROVEMENTS Parcel GG
PROJECT#:4524.11402.03 Page 1 of 2
Staging on the Temporary Construction Easement area for trucks and equipment or any other reason
shall not commence until two (2) days prior to the commencement of work by Grantee. Once construction
begins, Grantee shall diligently and continually pursue such construction to completion.
NATIONAL RETAIL PROPERTIES, L P , a Delawar ited Partnership
i
By: NNN GP Corp., a Del are corpor .o
as its general part rj
By:
Name: v paul E. Bayer
Title: Executive Vice President
ACKNOWLEDGMENT OF GRANTOR(S)
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this ITK day of Nov em flr
2018 by ftd E. BU e , Rxecutive Vice Presiden of NNN GP Corp., a Delaware
corporation, as general p rtner of National Retail Properties, L P , a Delaware limited partnership, on
behalf of the partnership. He is Personally known to me.
Printed Nam : Yvette Cordelro
Commission#:
My commission expires:
IVETTECORDERO
c := Commission#FF 205051
rf •'o Expires April 3,2M9
•P'
F„`:. BonM Thor Tioy Fain Incmancs K0 1365-70I9
CITY OF BOZEMAN PROJECT NAME:NTH 7TH AVE.LIGHTING IMPROVEMENTS Parcel GG
PROJECT#:4524.11402.03 Page 2 of 2
EXHIBIT A
A TEMPORARY CONSTRUCTION EASEMENT,THE EAST LINE OF WHICH IS COINCIDENT WITH THE WEST LINE OF A
PUBLIC ACCESS AND UTILITY EASEMENT LYING IN THE NORTH 45 FEET OF TRACT 9 AND THE SOUTH 30 FEET OF
TRACT 10 OF DURSTON SUBDIVISION, SITUATED IN THE NE1/4 OF SECTION 12, TOWNSHIP 2 SOUTH,
RANGE 5 EAST, PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA.
OWNER INFORMATION(CURRENT AS OF PRINTED DATE):
NATIONAL RETAIL PROPERTIES LP
450 S ORANGE AVE STE 900
r ORLANDO,FL.32801-3339
TRPC�10 .
AREA=1125.35 SOFT
`'7�• r v;
'I NO°57102'E
a.� LEGEND:
' 75.02'
YjT L x
W PROPERTY BOUNDARY
° { PROPOSED EASEMENT
N88 10 35 W y d "\ (TEMPORARY CONSTRUCTION EASEMENT)
15.00' s LIMITS OF CONSTRUCTION WORK
w .� W
I 9-6 PROPOSED LUMINAIRE
OF
PROPOSED CONCRETE
S00jSRPCI 1OA� LIMITS OF
DOC 23�a CONSTRUCTION WORK r t d Q `,; PROPOSED ASPHALT
PROPOSED BOULEVARD
z �-
-z0
U)>o N Il z 1
o m a SO°57'02"W ( ,
75.02' W
T I'
PROPOSED 15.0' TEMPORARY ( W
TN A5 CONST.EASEMENT(SAVING '°{
N0R OF AND EXCEPTING EXISTING 5 t co
FE PCB 9 BUILDING STRUCTURES) " N
SR !\ 7
ry
S88°10'35"E '{ jlf
15.00'
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PROPOSED 8.00'PUBLIC ACCESS
AND UTILITY EASEMENT _ -` n188°1 0'35"WI
k
8.00'
d
EXN\#202660 s"
00C
0 30
( IN FEET )
NORTH 7TH AVENUE
Morrison Q 315 N.25th Street,Suite 102 OR—:
KDJ STREETSCAPE IMPROVEMENTS PROJECT NO.
Billings.MT 59101 DSGN.BY: KDJ 0417.063
ssss000
M a i e r l e 4o s BOZEMAN MT
` APPR.BY: JCW FIGURE NUMBER
® --pet DATE:07/31/18
engineers.surveyors,planners.scientists EXHIBIT A
COP—IT ea.c.:uc.zcre
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