HomeMy WebLinkAbout06-03-19 City Commission Packet Materials - C9. MOA with the Canfields and Albros for ROW Improvements to Oak and 27th
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Bob Murray, Project Engineer
Rick Hixson, City Engineer SUBJECT: Right-of-Way Agreement for Construction of Improvements to
the Oak and 27th Intersection - Parcels 1 (Canfield) and 2
(Albro).
AGENDA ITEM TYPE: Consent
MEETING DATE: June 3, 2019
RECOMMENDATION: Authorize the City Manager to sign the Memoranda of Agreement and the Temporary Construction Permits needed for the City to install improvements to the Oak
and 27th Intersection.
BACKGROUND: By adopting the City of Bozeman Capital Improvement Plan the City Commission has directed staff to install improvements to the intersection of Oak and 27th. In order to carry out that direction it is necessary to acquire Right-of-Way. The attached documents,
which have been executed by the property owners, are the result of those efforts and are
necessary to the completion of that project.
UNRESOLVED ISSUES: None.
FISCAL EFFECTS: The total cost of these acquisitions is $500.00 for each parcel which will
be paid for using the Street Impact Fee Fund.
ALTERNATIVES: As suggested by the City Commission.
Attachments: Original Agreements and Easements
95
SANDERSONASTEWART'VS9H MAY 13 2019inuIHl;i^iRiNGlPA^ NiMay 13,2019City ofBozemanc/o Bob Murray20 East OJive St.Bozeman,MT59715Reference: Oak and 27th R/W Acquisition — Closing for Parcel 1Dear Mr. Murray:We've cotnpleted the agreement with the owners of Parcel 1 for the Oak and 27th IntersectionImprovement project. To be able to execute the agreement and close on the acquisition, the Cityneeds to sign the attached documents where indicated and prepare a check with the exact amoiintspecified in the agreement. The check should be made out to Elliot Canfield and Sarah K.Canfield in the amount of $500.00 and sent to Sanderson Stewart along with the original signeddocuments.The attached documents need to be signed (notarized as applicable) by the City and returned toSanderson Stewart. The documents have been fuUy signed by the property owners where reqiiiced.The City is required to sign the JVtemorandum of Agreement and Temporary Construction Permit.Once the City completes the signing of the attached documents, I wiU proceed with closing out theagreement for this parcel. The permit will be recorded, a copy of the final documents will bedelivered to the property owner along with the check, and the original documents wiU be returned tothe City. At that point, the agreements wiU be fully executed.If you have any questions of -would like to discuss these documents in more detail, please feel free tocontact tne via email (tgaddo(%sandersonstewart.com) or phone 406 ] 922-4304.Since^y,Tony Gaddo, PE, REALTOR®Semor Engineer | Right-of-Way SpecialistTGEnc.BillingsBozemanDenverFort CollinsSandersonStewart.comSANDERSONSTEWART.and we're just getttng started96
^^^^u"^City of BozemanEngineering DivisionPublic Works DepartmentProject Name: Oak and 27thProject No: 18092.06Parcel No: 1/3rtdavofMEMORANDUM OF AGREEMENTThis Memorandum of Agreement (the "Agreement") has been reached thisl^JA^f ______, 20i^_, between Elliot Canfield and Sarah K. Canfield as joint tenants with rightsof survivorship, (hereinafter the "GRANTOR"), the owners of Lot 6 in Block 12 of Harvest CreekSubdivision, Phases 3 and 4, City of Bozeman, Gallatin County, Montana, according to the official platthereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana,and the City of Bozeman, a Municipal Corporation of the State of Montana (hereinafter the "GRANTEE"),for the purchase of said property interest(s). The compensation amount to be paid and otherconsiderations to be given in full satisfaction of this Agreement are as follows:Compensation:Parcel 1: Temporary Construction Permit91sq.ft.*_$500_* Figure 1Considerations:Total (rounded)$500.001. In consideration of the payments herein set forth and the specific agreements to be performed by theparties hereto and written in this Agreement, the parties bind themselves to the terms and conditionsstated herein. No verbal representations or agreements shall be binding upon either party.GRANTOR certifies that any known encumbrances on the property are shown on this Agreement. IfGRANTOR sells their remaining property prior to the project being constructed, GRANTOR agrees toprovide the purchasers) with a copy of this entire Agreement and agree to make the sale of theirremaining property subject to all the terms and conditions contained in this Agreement. GRANTORagrees that they will, at the GRANTEE'S request, execute deeds and/or easements required by for allreal property agreed to be conveyed by this Agreement.2. Taxes and special assessments, if any, delinquent from former years, and taxes and specialassessments for the current year, if due and/or payable, shall be paid by the GRANTOR.3. This Agreement embodies the whole Agreement between the parties hereto as it pertains to the realestate, and there are no promises, terms, conditions or obligations referring to the subject matterhereof, other than as contained herein.4. The GRANTOR hereby agrees that the compensation herein provided to be paid includes fullcompensation for their interest and the interests of their life tenants, remaindermen, reversioners,liens and lessees, and any and all other legal and equitable interest that are or may be outstandingand said GRANTOR agrees to discharge the same.5. This Agreement shall be deemed a contract extending to and binding upon the parties hereto andupon the respective heirs, devisees, executors, administrators, legal representatives, successors andassigns of the parties, only when the same shall have been approved by the City Manager on behalfof the Public Works Department.SANDERSON,ST E WART ^»Page 1 of 2Oak and 27th18092.06Parcel 197
6. The property transfer shall be effective upon acceptance by GRANTOR and GRANTEE, evidencedby the execution of this Agreement by the GRANTOR and GRANTEE and payment of thecompensation amount.7. The GRANTEE and GRANTOR agree that the GRANTEE will coordinate construction activities onthe GRANTOR'S property with regards to underground irrigation activities prior to construction. TheGRANTEE agrees to adjust and repair impacted existing underground irrigation systems affected bythis project.8. The GRANTEE and GRANTOR agree that the GRANTEE will reset the portions of existing fencewithin the sight vision triangle, as shown on Figure 1, outside and along the sight vision triangle at theGRANTEE'S expense.9. The GRANTEE and GRANTOR agree that the GRANTEE will install landscaping fabric and rock inthe street vision triangle, as shown on Figure 1, outside and along the relocated fence location at theGRANTEE'S expense.Of the total amount of compensation hereinabove agreed upon, the sum of $500.00 shall be paid uponexecution and delivery of a good and sufficient: |^| Temporary Construction Permit.Disbursement of funds will be made in the following manner:GRANTORAmount of PaymentElliot Canfield and Sarah K. Canfield$500.00The GRANTOR certifies that there are no known hazardous materials on the property being acquired.The terms of this Agreement are understood and assented to by us and payment is to be made inaccordance with the above.ELLIOT CANFIELD AND SARAH K. CANFIELDElliot Canfieldf^t^J^- 4A-AKJSarah K. CanfieldDate: 1§-M^^ - /^Date: <S I^X^ 2^\CITY OF BOZEMANBy: Andrea SurrattCity ManagerATTEST:Date:<3By: Robin CroughCity ClerkDate:SANDERSON;STEWART^SrPage 2 of 2Oak and 27th18092.06Parcel 198
-^ ,FIGURE 1R/W ACQUISITIONWITHINLOT 6 IN BLOCK 12 OF HARVEST CREEKSUBDIVISION PHASE 3 AND 4, S2, T2S, R5E, P.M.M.PREPARED FOR : CITY OF BOZEMANPREPARED BY : SAN DE RSO N STEWART^APRIL, 2019BOZEMAN, MONTANASIGHT VISIONTRIANGLEOAK ST.w..^^sREMOVE EXISTINGTREES IN SIGHTVISION TRIANGLEPARCEL 1TEMPORARYCONSTRUCTIONPERMIT |RESET EXISTINGFENCE OUTSIDESIGHT VISIONTRIANGLE\as^/-^^mLJ>K\<!EXISTING PUBLICSTREET ANDUTILITY EASEMENT i^r^(PLAT J-315) ^jr^izEXISTING UTILITYEASEMENT (PLATJ-315)I DO NOT DISTURB[EXISTING PATIO.""snsEXISTINGg PROPERTY LINEJJ(TYP)€••«»: y. <;.•.«!»^'„isNOTES:1. AERIAL IMAGE LOCATIONS AREAPPROXIMATE AND MAY NOT BE EXACT.^^.10010NORTHSCALE:!" =20'OAK AND 27THPARCEL 118092_6_EXHIBITS.DWG18092.064/12/19 TG99
IReturn to:Sanderson Stewart106 East BabcockBozeman, MT 59715^^^City of BozemanEngineering DivisionPublic Works DepartmentProject Name: Oak and 27thProject No: 18092.06Parcel No: 1TEMPORARY CONSTRUCTION PERMITThe GRANTOR, Elliot Canfield and Sarah K. Canfield, as joint tenants with rights of survivorship,whose address is 2717 Allison Court, Bozeman, MT 59718, 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, aMunicipal Corporation of the State of Montana, with offices at 121 North Rouse Avenue, BozemanMontana 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:Lot 6 in Block 12 of hlarvest Creek Subdivision, Phases 3 and 4, City of Bozeman, GallatinCounty, Montana, according to the official plat thereof on file and of record in the office of theCounty Clerk and Recorder, Gallatin County, Montana. (Plat Reference: J-315) TOGETHERWITH the tenements, hereditaments, and appurtenances thereunto belonging or in anywiseappertaining thereunto. SUBJECT TO any and all easements, rights-of-way, restrictions,agreements, waivers, notations, conditions and reservations of record. FURTHER SUBJECT TOany liens and/or delinquencies for general real estate taxes and assessments. FURThlERSUBJECT TO declaration of covenants, conditions and restrictions, Bylaws, ArchitecturalGuidelines, and all other certain restrictive and protective covenants on record in the office of theClerk and Recorder of Gallatin County, Montana.Said temporary construction permit is depicted on Exhibit A attached hereto and moreparticularly described as:Beginning at the Northeast comer of the permit herein described, being a point on the East line ofLot 6 and the South right-of-way of West Oak Street, from which point the Northeast corner of Lot6 bears N 44° 38' 34" E, 7.08 feet, said point of beginning; Thence, from said point of beginning,S 44° 38' 34" W, 13.47 feet along the East line of Lot 6; Thence, N 45° 43' 07" W, 13.52 feet tothe North line of Lot 6 and the South right-of-way of West Oak Street; Thence, N 89° 34' 31" E,19.14 feet along the North line of Lot 6 and the South Right-of-way of West Oak Street to the Eastline of Lot 6 and to the point of beginning, and containing 91 sq.ft., more or less, as shown onExhibit A.delineated as to said tract of land on the exhibit attached hereto and made a part hereof as Exhibit A ofthis instrument and designated as Parcel 1. Said parcel, containing 91 square feet, more or less, isSANDERSON;STEWART^rPage 1 of 4Oak and 27th18092.06Parcel 1100
hereby temporarily provided to the GRANTEE, for the purpose of constructing and/or improving a publicstreet, 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 27th Project.Upon completion of said project for which access is hereby provided, the GRANTEE shall restore theproperty as nearly as possible to its original condition. The GRANTEE agrees to hold GRANTOR harmlessfrom 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 tractof land and covenants that GRANTEE shall have quiet and peaceable possession thereof and usethereof during the period of this Temporary Construction Permit. This Temporary Permit is in effect for aperiod beginning the 1st day of construction on the property, and ending two (2) years later, at which timethis permit shall expire and be of no force and effect.ELLIOT CANFIELD AND SARAH K. CANFIELD, as joint tenants with rights of survivorship-^=alliof CanfieldSJ^-Sarah K. Canfield 'ACKNOWLEDGMENT OF GRANTORState of ^Uw^^ii^ )County of Cr^lle.'hvi )) ss.IS^day ofSd_, 20jg before me, the undersigned, a Notary Public in and for theOn thissaid State, personally appeared the GRANTOR, Elliot Canfield, as joint tenant with right of survivorship,known to me to be the identical individual who executed the foregoing instrument, who acknowledged tome that the individual executed the same as the free and voluntary act of said GRANTOR, with fullauthority 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 andabove written.day and year^;*;iiiiu'ri'hi,N.,<ONY'QX ANTHONY GADDO•* " ' ^6a\ Notary Publicf ^.^oTAR^^.oifor the State of Montanal*'-.o^7T':*l - (&68l^gat:ii.^.S^A.Li^.^ Bozeman, Montana'^^n,.\:r^/ My Commission Expires:January 30, 2023x""71H|';^'»^'ixedfficialthismysNotary Signature LineNotary Pri/ted NameNotary Public for the ^tate ofResiding at:My CommissioryExpires: _ // 20ACKNOWLEDGMENT OF GRANTORSANDERSONiSTEWART*SrPage 2 of 4Oak and 27th18092.06Parcel 1101
State of Mo^i^l^i )County of Cw/^"^)ss.JOn this _/l^day of l^t-usaid State, personally appeafre,, 20_/^, before me, the undersigned, a Notary Public in and for thepersonally appeafred the GRANTOR, Sarah K. Canfield, as joint tenant with right ofsurvivorship, known to me to be the identical individual who executed the foregoing instrument, whoacknowledged to me that the individual executed the same as the free and voluntary act of saidGRANTOR, with full authority to do so and with full knowledge of its contents, for the uses and purposestherein mentioned.IN WITNESS WHEREOF, I have hereunto set my hand and affixedabove written.seal this day and yearofficiNotary Signature Line^s^..ANTHONY GADDO^/^'"'"''^ .(Seaf•.»oTAH^/vo^fArr'thce^State of Me&ISEAL^^^y'"tlll.l-i.l,^MontanaResiding at:Bozeman, MontanaMy Commission Expires:January 30, 2023Notary Print§^ NameNotary Public for the St§^§ of.Residing at:My Commission E^ires:// 20SANDERSON;STEWART^rPage 3 of 4Oak and 27th18092.06Parcel 1102
CERTIFICATE OF ACCEPTANCETHIS 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, herebyaccepts for public purposes, the real property, or interest therein, described in this instrument andconsents to the recordation thereof:CITY OF BOZEMANBy: Andrea SurrattCity ManagerATTEST:By: Robin CroughCity ClerkState of Montana )) ss.County of Gallatin )day of_, 20_ byThe foregoing instrument was acknowledged before me thisAndrea Surratt and Robin Crough, known to me to be the City Manager and City Clerk for the City ofBozeman and the persons whose names are subscribed to this instrument, and acknowledged to me thatthey 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 yearabove written.Notary Signature Line^(Seal)Notary Printed NameNotary Public for the State of.Residing at:My Commission Expires:// 20SANDERSON;STEWART11SrPage 4 of 4Oak and 27th18092.06Parcel 1103
EXHIBIT ATEMPORARY CONSTRUCTION PERMITWITHINLOT 6 IN BLOCK 12 OF HARVEST CREEKSUBDIVISION PHASE 3 AND 4, S2, T2S, R5E, P.M.M.PREPARED FOR : CITT OF BOZEMAN APRIL, 2019PREPARED BY : SAN DE RSO N STEWART@ BOZEMAN, MONTANAwOAKPARCEL 1TEMPORARYCONSTRUCTIONPERMITPOBL3\c;^>V-Y<EXISTING PUBLICISTREET AND\ UTILITY EASEMENT(PLAT J-315)\ \ \ \ \ \\r~~\\ \ \ \\EXISTING UTILITY•EASEMENT (PLAT \\J-315) \ \ \EXISTINGPROPERTY LINE(TYP)U S 44° 58'L2 N 45- 45'L3 N 89° 34'34" W, 13.47 FEET07" W, 13.52 FEET31" E, 19.14 FEET^1001020SCALE:!" = 20'R/W LEGENDV7///77\ EXISTING ROAD R/W[:^:SS:?^:SH:^ NEW PERMIT AREAfc^^^;^^ AREA REMAINING18092_6_EXHIBITS.DWGOAK AND 27THPARCEL 118092.064/12/19 TG104
SANDERSON^STEWART'^31May 9,2019City of Bozemanc/o Bob JVturray20 East OUve St.Bozeman, MT 59715Reference: Oak and 27th R/W Acquisition — Closing for Parcel 2Dear Mr. Murray:We've completed the agreement with the owners of Parcel 2 fot the Oak and 27 IntersectionImptoveraent project. To be able to execute the agreement and close on the acquisition, the Cityneeds to sign the attached documents where indicated and prepare a check with the exact amountspecified in the agreement. The check should be made out to Joe Albro and Joyce Albro in theamoimt of $500.00 and sent to Sanderson Stewart along with the original signed documents.The attached documents need to be signed (notarized as applicable) by the City and returned toSanderson Stewart. The documents have been fully signed by the property owners whete required.The City is reqiUted to sign the Memorandum of Agreement and Temporary Constcuction Permit.Once the City completes the signing of the attached documents, I will proceed with closing out theagreement for this parcel. The permit will be recorded, a copy of the final documents will bedelivered to the property owner along with the check, and the original documents will be teturned tothe City. At that point, the agreements will be fully executed.If you have any questions or would Uke to discuss these documents in more detail, please feel free tocontact me via email (tgaddo@,sandersonste\vart.com) or phone 406 [ 922-4304.Siacete]^Tony Gaddo, PE, REALTOR®Senior Engineer | Right-of-Way SpecialistTGEnc.BillingsBozemanDenverFort CollinsSandersonStewart.comSANDERSONSTEWART.and we're just getting started105
^^^yu^s\^?City of BozemanEngineering DivisionPublic Works DepartmentProject Name: Oak and 27thProject No: 18092.06Parcel No: 2MEMORANDUM OF AGREEMENTThis Memorandum of Agreement (the "Agreement") has been reached this^day of^U«i,y _, 20J^, between Joe Albro and Joyce Albro, a/k/a Joseph E. Albro and Joyce E.Albro, as Joint tenants (and not as tenants in common), (hereinafter the "GRANTOR"), the owners of Lot5 in Block 12 of Harvest Creek Subdivision, Phases 3 and 4, 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,Gallatin County, Montana, and the City of Bozeman, a Municipal Corporation of the State of Montana(hereinafter the "GRANTEE"), for the purchase of said property interest(s). The compensation amount tobe paid and other considerations to be given in full satisfaction of this Agreement are as follows:Compensation:Parcel 2: Temporary Construction Permit198sq.ft.*_$500* Figure 1Considerations:Total (rounded)$500.001. In consideration of the payments herein set forth and the specific agreements to be performed by theparties hereto and written in this Agreement, the parties bind themselves to the terms and conditionsstated herein. No verbal representations or agreements shall be binding upon either party.GRANTOR certifies that any known encumbrances on the property are shown on this Agreement. IfGRANTOR sells their remaining property prior to the project being constructed, GRANTOR agrees toprovide the purchasers) with a copy of this entire Agreement and agree to make the sale of theirremaining property subject to all the terms and conditions contained in this Agreement. GRANTORagrees that they will, at the GRANTEE'S request, execute deeds and/or easements required by for allreal property agreed to be conveyed by this Agreement.2. Taxes and special assessments, if any, delinquent from former years, and taxes and specialassessments for the current year, if due and/or payable, shall be paid by the GRANTOR.3. This Agreement embodies the whole Agreement between the parties hereto as it pertains to the realestate, and there are no promises, terms, conditions or obligations referring to the subject matterhereof, other than as contained herein.4. The GRANTOR hereby agrees that the compensation herein provided to be paid includes fullcompensation for their interest and the interests of their life tenants, remaindermen, reversioners,liens and lessees, and any and all other legal and equitable interest that are or may be outstandingand said GRANTOR agrees to discharge the same.5. This Agreement shall be deemed a contract extending to and binding upon the parties hereto andupon the respective heirs, devisees, executors, administrators, legal representatives, successors andassigns of the parties, only when the same shall have been approved by the City Manager on behalfof the Public Works Department.SANDERSON;STEWART*SrPage 1 of 3Oak and 27th18092.06Parcel 2106
6. The property transfer shall be effective upon acceptance by GRANTOR and GRANTEE, evidencedby the execution of this Agreement by the GRANTOR and GRANTEE and payment of thecompensation amount.7. The GRANTEE and GRANTOR agree that the GRANTEE will coordinate construction activities onthe GRANTOR'S property with regards to underground irrigation activities prior to construction. TheGRANTEE agrees to adjust and repair impacted existing underground irrigation systems affected bythis project.8. The GRANTEE and GRANTOR agree that the GRANTEE will reset the portions of existing fencewithin the sight vision triangle, as shown on Figure 1, outside and along the sight vision triangle at theGRANTEE'S expense.9. The GRANTEE and GRANTOR agree that the GRANTEE will install landscaping fabric and rock inthe street vision triangle, as shown on Figure 1, outside and along the relocated fence location at theGRANTEE'S expense.Of the total amount of compensation hereinabove agreed upon, the sum of $500.00 shall be paid uponexecution and delivery of a good and sufficient: |^ Temporary Construction Permit.Disbursement of funds will be made in the following manner:GRANTORAmount of PaymentJoe Albro and Joyce Albro, a/k/a Joseph E. AIbroand Joyce E. Albro$500.00The GRANTOR certifies that there are no known hazardous materials on the property being acquired.The terms of this Agreement are understood and assented to by us and payment is to be made inaccordance with the above.JOE ALBRO AND JOYCE ALBRO, A/K/A JOSEPH E. ALBRO AND JOYCE E. ALBROJoeA)bf-o(U^^Date:^A/2^1^Joyc^lfiro,^4^-t-^^ Date: ^/f/^/fSANDERSON;STEWART^rPage 2 of 3Oak and 27th18092.06Parcel 2107
CITY OF BOZEMANDate:^By: Andrea SurrattCity ManagerATTEST:Date:By: Robin CroughCity ClerkSANDERSON;STEWART*SrPage 3 of 3Oak and 27th18092.06Parcel 2108
FIGURE 1R/W ACQUISITIONWITHINLOT 5 IN BLOCK 12 OF HARVEST CREEKSUBDIVISION PHASE 3 AND 4, S2, T2S, R5E, P.M.M.PREPARED FOR : CITY OF BOZEMAN APRIL, 2019PREPARED BY : SANDE RSO N STEWART^ BOZEMAN, MONTANA:i»'K»a»"'ya,! . '1:'-^1 »W. OAK ST.sIflNBUSIGHT VISION!TRIANGLEti^RESET EXISTING^"FENCE OUTSIDE K&SIGHT VISIONTRIANGLE\t'^^^..i:s:i>\<K'lEXISTING PUBLICSTREET ANDUTILITY EASEMENTvlr^(PLAT J-315)NEXISTING UTILITYEASEMENT (PLAT |il^J-315) ' 1sPARCEL 2TEMPORARYCONSTRUCTIONPERMITfsEXISTINGPROPERTY LINE(TYP)^.S£^NOTES:1. AERIAL IMAGE LOCATIONS AREAPPROXIMATE AND MAY NOT BE EXACT.^^1020010NORTHSCALE:!" = 20'OAK AND 27THPARCEL 21B092_6_EXHIBITS.DWG18092.064/12/19 TG109
kReturn to:Sanderson Stewart106 East BabcockBozeman, MT 59715^^•^^rCity of BozemanEngineering DivisionPublic Works DepartmentProject Name: Oak and 27thProject No: 18092.06Parcel No: 2TEMPORARY CONSTRUCTION PERMITThe GRANTOR, Joe Albro and Joyce Albro, a/k/a Joseph E. Albro and Joyce E. Albro, as jointtenants (and not as tenants in common), whose address is 2713 Allison Court, Bozeman, MT 59718, forand in consideration of One and No/100 - Dollars, and other valuable consideration, in hand paid, grantsto the GRANTEE, the City of Bozeman, a Municipal Corporation of the State of Montana, with offices at121 North Rouse Avenue, Bozeman Montana 59715, its successors or assignees, an unrestrictedTemporary Construction Permit in, over, under, along, through, and across the following described realproperty located in Gallatin County, Montana:Lot 5 in Block 12 of hlarvest Creek Subdivision, Phases 3 and 4, City of Bozeman, GallatinCounty, Montana, according to the official plat thereof on file and of record in the office of theCounty Clerk and Recorder, Gallatin County, Montana. (Plat Reference: J-315)Said temporary construction permit is depicted onparticularly described as:Exhibit A attached hereto and moreBeginning at the Northeast corner of the permit herein described, being a point on the East line ofLot 5, the South right-of-way of West Oak Street and the West right-of-way of North 27th Avenue,from which point the Northeast corner of Lot 5 bears N 00° 29' 38" W, 5.00 feet, said point ofbeginning; Thence, from said point of beginning, S 00° 29' 38" E, 23.94 feet along the East line ofLot 5 and the West right-of-way of North 27 Avenue; Thence, N 45° 43' 07" W, 20.51 feet to theWest line of Lot 5; Thence, N 44° 38' 34" E, 13.47 feet along the West line of Lot 5 to the Northline of Lot 5 and the South right-of-way of West Oak Street; Thence, N 89° 34' 31" E, 5.02 feetalong the North line of Lot 5 and the South right-of-way of West Oak Street to the East line of Lot5 and the West right-of-way of North 27th Avenue and to the point of beginning, and containing198 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 ofthis instrument and designated as Parcel 2. Said parcel, containing 198 square feet, more or less, ishereby temporarily provided to the GRANTEE, for the purpose of constructing and/or improving a publicstreet, 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 27th Project.SANDERSON;STEWART^1Page 1 of 4Oak and 27th18092.06Parcel 2110
^Upon completion of said project for which access is hereby provided, the GRANTEE shall restore theproperty as nearly as possible to its original condition. The GRANTEE agrees to hold GRANTOR harmlessfrom 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 tractof land and covenants that GRANTEE shall have quiet and peaceable possession thereof and usethereof during the period of this Temporary Construction Permit. This Temporary Permit is in effect for aperiod beginning the 1st day of construction on the property, and ending two (2) years later, at which timethis permit shall expire and be of no force and effect.JOE ALBRO AND JOYCE ALBRO, A/K/A JOSEPH E. ALBRO AND JOYCE E. ALBRO,as joint tenants (and not as tenants in common)(}jU^Cr—^^-Joero/^/JoycAlroACKNOWLEDGMENT OF GRANTORState of ^<^ ^ii^iCounty of ^/4,^i )) ss.On this ^ day ofsaid State, personally appeatec, 20Q_, before me, the undersigned, a Notary Public in and for thepersonally appeated the GRANTOR, Joe Albro, a/k/a/ Joseph E. Albro, as joint tenant (andnot as tenant in common), known to me to be the identical individual who executed the foregoinginstrument, who acknowledged to me that the individual executed the same as the free and voluntary actof said GRANTOR, with full authority to do so and with full knowledge of its contents, for the uses andpurposes therein mentioned.IN WITNESS WHEREOF,above written.I have hereunto set my hand andficial s$61 this day!ANTHONY GADDONotary Publicitate of MontanaI Residing at:l,^.SEAL.\yJ Bozeman, Montanak;^'. •.^^? My Commission_&33jres:^^ '"y3anuary30,20M_~^Y^".%.. ANTHC^^^'*»!ixeddayjand yearNotary Signature LineNotary Printed^NameNotary Public for the Stat^bfResiding at:My Commission Exp/es:II ^/20_SANDERSON;STEWART^rPage 2 of 4Oak and 27th18092.06Parcel 2111
ACKNOWLEDGMENT OF GRANTORState of/^v^<**^.County of (ji»^t<-tM }.))ss.On this^ day ofate,^, 20_/3, before me, the undersigned, a Notary Public in and for thesaid State, personally appearefcl the GRANTOR, Joyce Albro, a/k/a/ Joyce E. Albro, as joint tenant (andnot as tenant in common), known to me to be the identical individual who executed the foregoinginstrument, who acknowledged to me that the individual executed the same as the free and voluntary actof said GRANTOR, with full authority to do so and with full knowledge opts-contents, for the uses andpurposes therein mentioned. ^' \IN WITNESS WHEREOF, I have hereunto set my hand andabove written.year^"ANTHONY GADDONotary Public *l!Y;u"!lii^S?&'o^sSMa^:. SEAL .^1 acaeman. ^4onta^a^^^•..•.^^ MyGommisstan&g^®«""^^y "^SmnirS'aa'ZO^xedofficialealthisdayndamyNotary Signature LineNotary Prated NameNotary Public for the^State ofResiding at:My Commission expires:/./20_SANDERSON;STEWART^1Page 3 of 4Oak and 27th18092.06Parcel 2112
CERTIFICATE OF ACCEPTANCETHIS 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, herebyaccepts for public purposes, the real property, or interest therein, described in this instrument andconsents to the recordation thereof:CITY OF BOZEMANBy: Andrea SurrattCity ManagerATTEST:By: Robin CroughCity ClerkState of Montana )) ss.County of Gallatin )day of_, 20_ byThe foregoing instrument was acknowledged before me thisAndrea Surratt and Robin Crough, known to me to be the City Manager and City Clerk for the City ofBozeman and the persons whose names are subscribed to this instrument, and acknowledged to me thatthey 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 yearabove written.Notary Signature Line^(Seal)Notary Printed NameNotary Public for the State of.Residing at:My Commission Expires:// 20SANIRSON;WART ^SrSTEWARTPage 4 of 4Oak and 27th18092.06Parcel 2113
EXHIBIT ATEMPORARY CONSTRUCTION PERMITWITHINLOT 5 IN BLOCK 12 OF HARVEST CREEKSUBDIVISION PHASE 3 AND 4, S2, T2S, R5E, P.M.M.PREPARED FOR : CITf/ OF BOZEMAN APRIL, 2019PREPARED BY : SANDE RSO N STEWART^ BOZEMAN, MONTANAwOAKST.PARCEL 2TEMPORARYCONSTRUCTIONPERMITPOBL4^Ld><EXISTING PUBLICSTREET ANDUTILITY EASEMENT(PLAT J-315)csr->c^^\\\\\\\\\\ \l\._v \ \EXISTING\\\\ \ \ \ PROPERTY LINE \EXISTING UTILITYEASEMENT (PLATJ-315)\,\\\\\ \\\ \(TYP).'\\\\\\\\\\'\\\\\\\\\\\\ \ \ \L1 S 00° 29' 38" E, 23.94 FEETL2 N 45° 43' 07" W, 20.51 FEETL3 N 44- 38' 34" E, 15.47 FEETL4 N 89° 54' 31" E, 5.02 FEET^6.NORTH0SCALE:!"102020'R/W LEGENDV//////\ EXISTING ROAD R/Wm:SS?1 NEW PERMIT AREAfc^^^;;;^ AREA REMAININGOAK AND 27THPARCEL 218092_6_EXHIBITS.DWG18092.064/12/19 TG114