HomeMy WebLinkAbout19- Temporary Construction Permit - Castlebar Limited Partnership - Oak Street and 27th Avenue 2647915
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Eric Semerad - Gallatin County, MT MISc
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Sanderson Stewart
106 East Babcock
Bozeman, MT 59715
"soz Project Name: Oak and 27th
City of Bozeman
Project No: 18092.06
Engineering Division
�o . _�;:
� r Public Works Department Parcel No: 3
7
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TEMPORARY CONSTRUCTION PERMIT
The GRANTOR, Castlebar Limited Partnership, a Montana limited partnership, whose mailing address
is 18100 Von Karman Avenue, Suite 500, Irvine, California 92612, 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:
Lot 3 in Annie Subdivision, Phase ll, 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. (Plat Reference: J-204)
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 East right-
of-way of North 271h Avenue, from which point the Northwest corner of Lot 3 bears N 47' 11' 12"
W, 75.58 feet, said point of beginning; Thence, from said point of beginning, N 00' 29' 38" W,
11.67 feet along the West right-of-way of North 271h Avenue; Thence, along a curve to the
RIGHT, having a radius of 13.00 feet, a delta angle of 88° 18' 15", and whose long chord bears N
43° 39' 29" E, 18.11 feet, along the West right-of-way of North 27'h Avenue and the South right-of-
way of West Oak Street; Thence, N 87'48' 37" E, 10.53 feet along the South right-of-way of West
Oak Street; Thence, S 42' 19' 28" W, 34.05 feet to the West right-of-way of North 27'h Avenue
and to the point of beginning, and containing 247 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 3. Said parcel, containing 247 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 Oak and 27th Project.
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 indemnify, defend and hold
Oak and 27th
Page 1 of 3 18092.06
Parcel 3
GRANTOR and GRANTOR'S employees, officers, and agents harmless from any and all liability that may
result or arise from the exercise of the rights granted hereby, however occurring, other than those caused
solely by the willful or negligent acts or omissions of the GRANTORS and GRANTOR'S employees,
officers, and agents. The foregoing indemnification shall apply to any and all liability and damages of
GRANTOR arising from third parties.
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.
CASTLEBAR LIMITED PARTNERSHIP, a Montana limited partnership
By: Affordable Housing of Montana, L.L.C., a Montana limited liability company
Its: General Partner
By: Steadfast intermountain, LLC, an Idaho limited liability company
Its: Manager
By: eacon B y Holdings, LLC, a Delaware limited liability company
Its: na er
Name: Dinesh ava
Title: Manager
ACKNOWLEDGMENT OF GRANTOR
State of California )
) ss.
County of Orange )
ACKNOWLEDGED IN MY PRESENCE, this 14th day of May 2019, by
Dinesh Kumar Davar , known to me or satisfactorily proven to be the person whose
name is subscribed to this instrument and acknowledged to me that he executed the same. If the
person's name is subscribed in a representative capacity, it is for the principal named and in the capacity
indicated.
PLEASE SEE ATTACHED ACKNOWLEDGEMENT
Notary Signature Line
(Seal) Notary Printed Name
Notary Public for the State of
Residing at:
My Commission Expires: / /20
•,,,Iflllf,,
,'1 f ,, + �NI ♦ ! v f 1
Oak and 27th
Page 2 of 3 18092.06
Parcel 3
OFFICIAL CALIFORNIA NOTARIAL CERTIFICATE
ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
State of California
County of OYancaR-
On a S 114 1I9 before me, Z\nerla , personally
appeared 1D%mesh k\ Mc),Y who proved to me on
the basis of satisfactory evidence to be the personH whose name(&) is/tee subscribed to the
within instrument and acknowledged to me that he% W executed the same in
his/h if authorized capacity(), and that by his/+w#fli r-signatureH on the instrument
the person(, or the entity upon behalf of which the personH acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
CINYI ZHENG —
(Seal) ? "" c—M. 21s1286
NOTARYPUBUC•CAUFORNIA
LOS ANGELES COUNTY
Comm.Exp.APRIL 13,2021
)�IN
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
By: Andrea Surratt
City Manager
{ OF Bp
i'ty e• • • • > '
ATTES 7 •
By: Robin Crough
City Clerk
. .� , 1883
Co v,Io� `
State of Montana )
)ss.
County of Gallatin )
The foregoing instrument was acknowledged before me this day of��c.r,o„,� 20L2 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.
VEENEY Notary Signature Line
lublic
4 NOTARI ?_-_ of Montana
(Sea ng at: Notary Printed Name
�.SEAL•.,�; Montana
.,y Notary Public for the State of
issi ices:
02, 2 Residing at:
My Commission Expires: /20
BRENDA SWEENEY \\
SwFF�' Notary Public
mQ aoTAai,q<�.c for the State of Montana
Residing at:
d3,.SEAL.'y€ Bozeman, Montana
%9 P= My Commission Expires:
.,,,,,,,,,,,,,,,•'�` December 02,2022
Oak and 27th
Page 3 of 3 18092.06
Parcel 3
EXHIBIT A
TEMPORARY CONSTRUCTION PERMIT
WITHIN
LOT 3 OF ANNIE SUBDIVISION PHASE II
S2, T2S, RSE, P.M.M.
PREPARED FOR CITY OF BOZEMAN APRIL, 2019
PREPARED BY SANDERSONSTE ART* BOZEMAN, MONTANA
W. OAK ST. PROPERTY LINE
(TYP)
. .....L2.::
\ \ \ \ \ \ \ \
N
PARCEL 3 \ \
POB \ \ \ \ \ `TEMPORARY \
\ \ \ \ \ \CONSTRUCTION \
\ \ \ \ \ PERMIT \ �
EXISTING PUBLIC \ \ \ \ \ \ \ \ \ \ \ \ \
STREET EASEMENT \ \ \ \ \ \ \ \ \ \ \ \ \
204FM1369)
L1 N 00° 29' 38" W, 11.67 FEET
R1 R = 13.00 FEET, 0 = 88° 18' 15",
LC = N 43° 39' 29" E, 18.11 FEET
L2 N 87° 48' 37" E, 10.53 FEET
L3 S 42' 19' 28" W, 34.05 FEET
R/W LEGEND
10 0 10 20 ®EXISTING ROAD R/W
NEW PERMIT AREA OAK AND 27TH
NDRTH saaE:1 =20'
AREA REMAINING PARCEL 3
18092_6_EXHIBITS.DWG 18092.06 4/12/19 TG