HomeMy WebLinkAbout22- Temporary Construction Easement - SD Baxter MT, LLC - Completion of Improvements to Cottonwood Road - Oak to Baxter and the Cottonwood Baxter Roundabout2793486
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llHMilllHllulRlllEHWilRllllMlilllllHIERE
City of Bozeman
P.O.Box 1230
Bozeman,MT 59771-1230
S
Project Name:Cottonwood
City of Bozeman Road (Oak to Baxter)
-Engineering Division
Project No:0417.085
Public Works Department
TEMPORARY CONSTRUCTION FASEMENT
The GRANTOR,SD Baxter MT,LLC,2639 Professional Cir,Ste 101,Naples,FL 34119 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,itssuccessors or assignees,
an unrestricted Temporary Construction Easement in,over,under,along,though,and across the
following described real property located in Gallatin County,Montana:
See Exhibit EXHB-4 attached hereto.
Said parcel,containing 22,059.2 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,
trailand/or electric,telephone or telecommunications,gas,water,sewer,drainage,or other utility
transmission or distribution facilitiesas necessary for the Cottonwood (Oak to Baxter)Project,
which improvements shall be solely located within the permanent Public Street and Utility
Easement granted by GRANTOR pursuant to separate instrument contemporaneously herewith
("Permanent Easement")and no improvements shall be contained within any portion of this
easement located outside of such Permanent Easement.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 with the exception of grading work for cuts and fillsas identified in the
plans for the Cottonwood (Oak to Baxter)Project.The GRANTEE is solely responsible for any
wetlands,wetland permitting or wetland impacts located within the easement or in connection
with the use thereof.GRANTEE agrees to hold GRANTOR harmless from any and allliabilitythat
may result or arise from the exercise of the rights granted hereby.
GRANTOR hereby covenants with GRANTEE that GRANTOR has good titleto 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 18'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.
Page 1 of 3
ACKNOWLEDGEMENT OF GRANTORS
(GRANTOR)
SC Baxter MT,LLC
Name:rock
Title:
STATE OF Mnne )
):ss
County of Énd(tkin )
On this BD*day of fyAower ,20_êa,before me the undersigned,a
Notary Public for the State of Montana,personally appeared Wcon tWock
,known to me to be mmqg of Sp PvuWr MT u_c and the
person whose name is subscribed to the within instrument and acknowledged to me that he
executed the within instrument for and on behalf of 6n Pyw.4e(fWT ,L.Lc
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the
day and year firstabove written.
(SEAL)CYNTHIA M EDGMOND
Notary Public
o a i forthe State of Montana
o __.oi Residing at:
.SEAL.Bozeman,Montana
My Commission Expires:
Nota Public for the State 6f Montana December 8,2024
(Printöd Name)
Residing at b/.n1gen /11n,14m .
My Commission expires D#rern Nr/09 /20±f_
Page 2 of 3
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 itsCity 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:elic
Cit an ger
By Mike Maas
City Clerk
State of Montana )
)ss.
County of Gallatin )
The foregoing instrument was acknowledged before me thisd day of DE®bex¯.
2022 by Jeff Mihelich and Mike Maas,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 officialseal this day and
year above written.
Notary Signature
T¶0r
Chumberf
(Seal)Notary Printed Name
TAYLOR .RS Notary Publi r the State of
Not L....lic Residing at:(Vi(f D.1ontana
My Commission ExpiresqL/J /_6
SEAL *Bozernan M atana
My Commissior.Expires:
,,,,,,,,,,,,.#January 12,2025
TAYLOR CHAMBERS
.--,NotaryPublic
oTARia£forthe State of Montana
Residing at:
.SEA ..Bozernan,Montana
My Commission Expires:
January 12,2025
Page 3 of 3
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