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HomeMy WebLinkAbout19- Temporary Construction Permit - Castlebar Limited Partnership - Oak Street and 27th Avenue 2647915 Page: 1 of 5 06/18/2019 10:58:36 AM Fee $35.00 Eric Semerad - Gallatin County, MT MISc IIIIIII IIIIII III IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIII IIIIIII III IIIII IIIII IIIII IIII IIII pLAT7E Return to: 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 �r�H co. 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