HomeMy WebLinkAbout95- Smith, McMullen Landscape Reconstruction Permit
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LANDSCAPE RECONSTRUCTION PERMIT
FARWELL SMITH & LINDA McMULLEN, 725 S. 3rd Avenue, Bozeman,
Montana 59715, GRANTOR, in consideration of Ten Dollars ($10.00)
and other good and valuable consideration, receipt of which is
acknowledged, grants to the City of Bozeman, a municipal
corporation of the State of Montana, 411 East Main Street, Bozeman,
Montana 59771-0640, GRANTEE, its successors and assigns, a
landscape reconstruction permit for the purpose of placing filling
soil and replanting turf and shrubbery, as a result of raising the
road grade and sidewalks along W. College Street and S. 3 rd Avenue,
in, through and across a strip of land situated within the City
Limits of the City of Bozeman, Gallatin County, State of Montana,
to be located on the following described real property:
Lot 12 in Block 45 of Park Addition to Bozeman, Montana, also
the following tract of land in Park Addition to Bozeman,
Montana, adjoining said Lot 12 on the South described as
follows, to-wit: Commencing at the Southeast corner of said
Lot 12; thence South 50 feet; thence West 121.1 feet, more or
less, to a point 50 feet South of the Southwest corner of said
Lot 12; thence East 121.9 feet, more or less, to the place of
beginning. (Recording reference Film 104, page 527)
The particular permit description is more particularly
described on the attached Exhibit A, which by this reference is
made a part hereof.
This grant includes the right of the GRANTEE, its successors,
permittees, licensees and assigns and its and their agents and
employees, to enter at all times, until the final earthwork and
replanting of turf and shrubs is completed, upon the above-
described land by a route causing the least damage and
inconvenience to the GRANTOR and to:
l. Provide fill at the back of sidewalk, remove and replace
existing shrubbery and turf on said private property.
The GRANTEE; agrees that:
l. In connection with the construction of said roadway
improvements, it will repair or replace, at its sole
expense, or pay at the GRANTOR'S discretion, the
reasonable value of any damages to growlng trees,
existing fences, utilities, and other appurtenances of
said land that may be disturbed by its operation.
2. The areas disturbed by construction shall be topsoiled to
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a depth of six (6" ) inches and sodded with a grass
compatible to that used in GRANTOR's adjacent landscape
areas.
3 . GRANTEE shall attempt to protect existing shrubs in place
along the westerly half of the subject property fronting
West College Boulevard. If existing shrubs are dmaged or
destroyedl new shrubs shall be planted. Along the
easterly half of the propertYI fronting West College
Boulevardl and along 3rd Avenue I existing shrubs shall be
replaced with new shrubs to the proposed future grade.
Plant selection shall be made with the GRANTORIS
approval.
4. GRANTEE shall guarantee workmanship, new plant materials,
and existing shrubs protected in place for a two (2) year
period with the provision that GRANTOR has provided
suitable care in maintaining said new planting.
The GRANTOR agrees that:
1. They are lawfully seized and possessed of the real
property described abovel and that they have lawful right
to convey the permit.
2 . The GRANTEE may peaceably hold and enjoy the rights and
privileges herein granted until the final reconstruction
of the landscaping is completed or until January 11 year
19971 whichever comes first.
The termsl covenants and provisions of this permit and
agreement shall extend to and be binding upon the heirsl executors I
administrators I personal representatives I successors and assigns of
the parties hereto.
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DATED this ~ day of j...., L:> I 1995.
GRANTOR
FARWELL SMITH & LINDA McMULLEN
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By: tv&2 U'--
By: ~ ~~
Its: Administrators
ATTEST:
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TH~ OF BOZ7L .
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By, /v>4.~. u1rh~'
Its: City Manager
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