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Home My WebLink About20- Temporary Construction Permit - Bozeman School District 7 - Norton Sewer Parcel 5-2 2670656 Page: 1 of 4 01/21/2020 09:21:57 AM Fee: $28.00 Eric Semerad - Gallatin County, MT MISC 1111111111111111111 IN Return to: PLATTE=1� City of Bozeman City Clerk Pd Box 1230 Bozeman, MT 59771-1230 I turn to:nder Stewart 6 st Babcock eman, MT 59715 uo2E�9 _ --- -ProjectName: Norton Sewer R/W City of Bozeman ( Project No. 18092.07 • Engineering Division y 7tr - Public Works Department Parcel No: 5-2 I TEMPORARY CONSTRUCTION PERMIT The GRANTOR, Bozeman Elementary 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 Al of the Amended Plat of Baxter Meadows Subdivision P.U.D. Phase 1, all being located in the Southwest Quarter of Section 34, Township 1 South, Range 5 East, M.P.M., 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. (Plat J-353-D) 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 Kimberwicke Street and the East right-of-way of a Public Utility Easement, from which point the Southeast corner of Tract Al B bears S 89' 46' 22" W, 15.00 feet, said point of beginning; Thence, from said point of beginning, N 00' 33' 06" W, 198.89 feet along the East right-of-way of a Public Utility Easement to the Southeast right-of-way of a Public Utility Easement; Thence, N 80' 07' 07" E, 59.04 feet along the Southeast right-of-way of a Public Utility Easement to the Northeast line of Tract Al B; Thence, S 51° 18' 45" E, 6.67 feet along the Northeast line of Tract Al B; Thence, S 80' 07' 07" W, 59.21 feet; Thence, S 00° 33' 06" E, 194.67 feet to the North right-of-way of Kimberwicke Street; Thence, S 89° 46' 22" W, 5.00 feet along the North right-of-way of Kimberwicke Street to the East right-of-way of a Public Utility Easement and to the point of beginning, and containing 1,280 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 5-2. Said parcel, containing 1,280 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, S A N D E R S O N (� Page 1 of 3 Norton ewer R/W 7 STEWART�� Parcel 5-2 drainage, or other utility transmission or distribution facilities as necessary for the Norton Sewer R/W 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 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 ELEMENTARY SCHOOL DISTRICT#7, a political subdivision of the State of Montana j s Name:.. 4.44�7- Title: 65m , 444 r� ACKNOWLEDGMENT OF GRANTOR State of v A-rJ ) )ss. County of L*7k) On this k day of odd ,c/2 , 20129, before me, the u ersigned, a Notary Public in and for the said State, personally appeared the GRANTOR, the So-4/Zb � 1l7- of Bozeman Elementary 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 affixe my official seal this day and year above written. STEVEN D JOHNSON Notary Signature Line ,,o ak3�••••.!>�yP Notary Public TAMA(.2_for the State of Montana �� Residing at: Notary Printed Name * SEAL Sdzem�Montana ry y �A My Commission Expires: Notary Public for the St a of May 22.2020 Residing at: My Commissio xpires: / /20 Norton Sewer RM S A N D E R S O N Page 2 of 3 18092.07 S T E WA R T w Parcel 5-2 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 4 •' y: A+� ea raft L�✓w�tS Mt eLi I o✓ City Manager��CY ATTEST: �, )Ze By: Riobin Greagh- M,Ire Ma#06 per City Clerk State of Montana ) ss. County of Gallatin ) �The foregoing instrument was acknowledged before me this/Z day 20j�by �Qni3h( l�ylo� Apd iurratt and R-eW -6reugh, 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, andlacknowledged to me that they executed the same for and on behalf of the City of Bozeman. �n IN WITNESS WHEREOF, I have hereunto set my hand and Iffixed my official seal this day and year above written. Notary Prinlf6d ature Line �ABIE/V HEATHER BIENVENUE Q �/ Notary Public A Ci 1' tcQ �OTAR/ ?c=for the 'Stahl of Montana Notary Name m= * __ . ` R ing at: Nam.SEAL.-'* Bozeman, Montana Notary Public for the State of My Commission Expires: Residing at: , January 26, 2022 My Commission Expires: / /20 Norton Sewer R/W S A N D E R S O N (!� Page 3 of 3 18092.07 STEWART ew Parcel 5-2 EXHIBIT TEMPORARY CONSTRUCTION PERMIT WITHIN TRACT A1B OF THE AMENDED PLAT OF BAXTER MEADOWS SUBDIVISION P.U.D. PHASE 1, S34, T1 S, RSE, P.M.M. PREPARED FOR CITY OF BOZEMAN SEPTEMBER, 2019 PREPARED BY SANDERSONSTEWART* BOZEMAN, MONTANA I I I I I \ \ \ \ I TRACT Al PARCEL 5-2 ............ . `! \L4. \ \ TEMPORARY I \ \ \ \ CONSTRUCTION PERMIT (1,280 SOFT.) TRACT A1A r EXISTING \ PROPERTY LINE \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ (NP) I G': POB /KIMMBBERWICKE STRE T L Y L1 N 00° 33' 06" W, 198.89 FEET L2 N 80° 07' 07" E, 59.04 FEET L3 S 51° 18' 45" E, 6.67 FEET L4 S 80° 07' 07" W, 59.21 FEET L5 S 00` 33' 06" E, 194.67 FEET L6 S 89° 46' 22" W, 5.00 FEET R_/W LEGEND ®EXISTING ROAD R/W � NEW PERMIT AREA NORTON EAST R/W as o ao eo �AREA REMAINING PARCEL 5-2 NORTH SCALE1"=80' 18092_ROW EXHIBITS.DWG 18092 9/5/19 TG