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HomeMy WebLinkAbout19- Temporary Construction Permit - Bozeman High School District 7 - Cottowood, Babcock to Durston 2637455 Page: 1 of 4 02/07/2019 11:37:48 AM Fee $28.00 Eric Semerad - Gallatin County, MT MISC IIII IN Return to: Sanderson Stewart 106 East Babcock Bozeman, MT 59715 o�soaE Project Name: Cottonwood- City of Bozeman Babcock to Durston * Engineering Division Project No: 18092.03 Public Works Department Parcel No: 7-1 TEMPORARY CONSTRUCTION PERMIT The GRANTOR, Bozeman High School District #7, a political subdivision of the State of Montana, whose address is 404 W. Main St., Bozeman, MT 59715, for and in consideration of One and No/100 - Dollars, and other valuable consideration, in hand paid, grants to the GRANTEE, the City of Bozeman, a Municipal Corporation of the State of Montana, with offices at 121 North Rouse Avenue, Bozeman Montana 59715, its successors or assignees, an unrestricted Temporary Construction Permit in, over, under, along, through, and across the following described real property located in Gallatin County, Montana: Tract 2A of Certificate of Survey No. 2554A, a tract of land located in the SW'/ of Section 3, Township 2 South, Range 5 East, P.M.M., 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 of Gallatin County, Montana. Said temporary construction permit is depicted on Exhibit A attached hereto and more particularly described as: Beginning at the Southwest corner of the permit herein described, being a point on the North right-of-way of Durston Road and the East line of a public access easement, said point of beginning; Thence, from said point of beginning, N 02' 15' 48" E, 350.14 feet along the East line of a public access easement; Thence, S 87' 44' 12" E, 10.00 feet; Thence, S 02' 15' 48" W, 335.00 feet; Thence, S 57' 21' 02" E, 28.98 feet to the North right-of-way of Durston Road; Thence, N 88' 31' 03"W, 35.00 feet along the North right-of-way of Durston Road to the East line of a public access easement and to the point of beginning, and containing 3,688 sq.ft., more or less, 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 7-1. Said parcel, containing 3,688 square feet, more or less, is hereby temporarily provided to the GRANTEE, 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 Cottonwood-Babcock to Durston Project. S A N D E R S O N �, Cottonwood-Babcock to Durston S T E WA R T Page 1 of 3 18092.03 Parcel 7-1 Upon completion of said project for which access is hereby provided, the GRANTEE shall restore the property as nearly as possible to its original condition. The GRANTEE agrees to hold GRANTOR harmless from any and all liability that may result or arise from the exercise of the rights granted hereby. GRANTOR hereby covenants with GRANTEE that GRANTOR has good title to the above-described tract of land and covenants that GRANTEE shall have quiet and peaceable possession thereof and use thereof during the period of this Temporary Construction Permit. This Temporary Permit 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 permit shall expire and be of no force and effect. BOZEMAN HIGH SCHOOL DISTRICT#7, a political subdivision of the State of Montana Name: �ti�,L�Zi wArsorJ Title: P(J�i fLN D&J7 ACKNOWLEDGMENT OF GRANTOR State of ) )ss. County of On this day of 20g, before me, the undersigned, a Notary Public in and for the said State, personally appeared the GRANTOR, , the ,ti r of Bozeman High School District#7, a political subdivision of the State of 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. Notary Signature Line o` 0 JI " STE JEN D JOHNSON y��J �s/s�lSoi✓ ,,, `ti�,�N• 'Votary Public O'VAR/ { Notary Printed Name a�•2: .or ti�iS���te of Montana SEALRasid.'Q r nZe mann,Montana Notary Public for the Sta of Residing at: My Expires: g May 22,2020 My Commissio pires: / /20 S A N D E R S O N Cottonwood-Babcock to S T E WA R T n Page 2 of 3 18092.092.03 Parcel 7-1 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the City of Bozeman, a Municipal Corporation of the State of Montana, GRANTEE herein, acting by and through its City Manager and City Clerk for the City of Bozeman, hereby accepts for public purposes, the real property, or interest therein, described in this instrument and consents to the recordation thereof: CITY OF BOZEMAN (A4;�j By: Andrea Surratt City Manager B O ATTEST: O�� • • •�,�'�^ c By: Ro in Crough ~~ * - City Clerk • * •� •�� �'� �:,Z`� .�9,�•. 1883 a `�Try co•�N State of Montana ) ) ss. County of Gallatin ) The foregoing instrument was acknowledged before me this ` 1k, day of r �_ 20i1 by Andrea Surratt and Robin Crough, known to me to be the City Manager and City Clerk for the City of Bozeman and the persons whose names are subscribed to this instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year above written. Notary Signature Lirte� ,�aoA'swFFy BRENDA SWEENEY /�Gc�a��otary Public Notary Printed Name mQ'%OTAR14z�<=f�l"'[ritJ State of Montana Residing at: Notary Public for t State of .SEAL a Bozeman, Montana My Commission Expires: Residing at: December 02,2022 My Commission Expires: /20 S A N D E R S O N 0; Cottonwood-Babcock to092.0 n STEWART Page 3 of 3 1892.03 Parcel 7-1 EXHIBIT A TEMPORARY CONSTRUCTION PERMIT WITHIN TRACT 2A OF C.O.S. 2554A, S3, T2S, R5E, P.M.M. PREPARED FOR CITY OF BOZEMAN NOVEMBER, 2018 PREPARED BY S A N D E R S O N S T E WA R T @� BOZEMAN, MONTANA EXISTING PROPERTY LINE \4\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ EXISTING PUBLIC ACCESS \ \ \ \ EASEMENT (2620501) LEN WOOD \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ DRIVE o \ \ PARCEL 7-1 \ \ \ \ _ 0 0 \ \ TEMPORARY \ \ \ \ � z Q \ \ \ CONSTRUCTION \ \ \ \ I 000 \ \ \ PERMIT zow \ \ \ \ \ \ \ \ \ \ \ \ \ \ � EXISTING PUBLIC STREET \ \ \ \ EASEMENT (2426774) 60' EXISTING PUBLIC STREET POB /EASEMENT (2426774) / I 0 EXISTING DU STON ROAD PROPERTY LINE L1 N 02' 15' 48" E, 350.14 FEET L2 S 87' 44' 12" E, 10.00 FEET L3 S 02' 15' 48" W, 335.00 FEET L4 S 57' 21' 02" E, 28.98 FEET L5 N 88' 31' 03" W, 35.00 FEET R/W LEGEND 25 0 25 so ® EXISTING ROAD R/W COTTONWOOD-BABCOCK dam' NEW PERMIT AREA TO DURSTON NORTH ScuE:r m So AREA REMAINING PARCEL 7-1 18092_3_EXHIBITS.DWG 18092.03 11/15/18 TG I