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HomeMy WebLinkAbout22- ROW Acquisition - Griffin Drive F �rogB°z� Project Name: Story Mill- R/W City of Bozeman ACQ. t Engineering Division i project No: 20023.03 yrtgr- o��� Public Works Department f NColl 0 Parcel No: 1 TEMPORARY RIGHT-OF-WAY AGREEMENT This Right-of-Way Agreement (the "Agreement") has been reached this A day of 20,'_Z�, between Canyon Gate Investors, LLC, a Montana Limited Liability Company (hereinafter the "GRANTOR"), the owner of Tract 7B of Certificate of Survey No. 2408, being a tract of land located in the NW1/4SW1/4 and the SW1/4SW1/4 of Section 32, Township 1 South, Range 6 East, P.M.M., Gallatin County, Montana, according to the official survey thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana, EXCEPTING, therefrom that E portion of said premises conveyed to the State of Montana Department of Transportation by bargain and sale deeds recorded December 10, 2015, document numbers 2532621 and 2532622, both being records of Gallatin County, Montana, and the City of Bozeman, a Municipal Corporation of the State of Montana (hereinafter the "GRANTEE"), for the purchase of a Temporary Construction Permit. The compensation amount to be paid and other considerations to be given in full satisfaction of this Agreement are as follows: Compensation: Parcel 1: Temporary Construction Permit 3,110 s .ft.* N/A Cost to cure: None N/A *Figure 1 Total (rounded) $0.00 Considerations: 1. In consideration of the payments herein set forth and the specific agreements to be performed by the parties hereto and written'in this Agreement, the parties bind themselves to the terms and conditions stated herein. No verbal representations or agreements shall be binding upon either party. GRANTOR certifies that to the best of their knowledge, any known encumbrances on the property are shown on this Agreement. If GRANTOR sells their property prior to the project being constructed and the termination of this Agreement, GRANTOR agrees to provide the purchaser(s) with a copy of this entire Agreement and agree to make the sale of their property subject to all the terms and conditions contained in this Agreement. 2. Taxes and special assessments, if any, delinquent from former years, and taxes and special assessments for the current year, if due and/or payable, shall be paid by the GRANTOR. i 3. This Agreement, together with the Temporary Construction Permit for Parcel 1 for the Story Mill-R/W Acq. Project("Permit") which is attached hereto, embodies the whole Agreement between the parties hereto as it pertains to the real estate, and there are no promises, terms, conditions or obligations referring to the subject matter hereof, other than as contained herein or within the permit. 4. This Agreement shall be deemed a contract extending to and binding upon the parties hereto and upon the respective heirs, devisees, executors, administrators, legal representatives, successors and assigns of the parties, only when the same shall have been approved by the City Manager on behalf of the Public Works Department. 5. The GRANTOR and GRANTEE agree that a portion of existing fence located in the Story Mill Road right-of-way will be removed as shown on Figure 1. The GRANTOR and GRANTEE further agree that existing landscaping will be removed as needed for fence removal. Story Mill-RAN ACQ. S A N D E R S O N � Page 1 of 2 20023.03 S T E WA R T Parcel 1 i 6. The GRANTOR acknowledges and agrees that they are currently pursuing annexation into the City of Bozeman and further agree that the required right-of-way for this project will be provided without compensation. Of the total amount of compensation hereinabove agreed upon, the sum of $0.00 shall be paid upon execution and delivery of a good and sufficient: ❑ Storm Drain Easement and ®Temporary Construction Permit. Disbursement of funds will be made in the following manner: GRANTOR Amount of Payment Canyon Gate Investors, LLC $0.00 The GRANTOR certifies that there are no known hazardous materials on the property being acquired. E The terms of this Agreement are understood and assented to by us and payment is to be made in accordance with the above. II CANYON GATE INVESTORS, LLC Date: 2 Andrew Holloran Manager of Canyon Gate Partners, LLC, Member of Canyon Gate Investors, LLC CITY OF BOZEMAN Date: J ihelic y Hager zpr ATTEST: Date: 'a 1 By: Mike Maas City Clerk .F Story Mill-RNVAC4. SANDERSON Page 2of2 20023.03 S T E WA R T C Parcel 1 t FIGURE 1 RIGHT-OF-WAY ACQUISITION WITHIN TRACT 7B, C.O.S. 2408, LOCATED IN NW1/4SW1/4 AND SW1/4SW1/4, S32, T1S, R6E, P.M.M. PREPARED FOR CITY OF BOZEMAN JULY, 2021 PREPARED BY SANDERSON STEWAR`i BOZEMAN, MONTANA "11 =1 I BEGIN METAL WIRE FENCE 1I REMOVAL,DO NOT DISTURB I WOOD-POLED DEADMAN. REMOVE EXISTING FENCE EXISTING LANDSCAPING TO BE REMOVED AS NEEDED FOR GRADING PARCEL 1 TEMPORARY � y CONSTRUCTION PERMIT - (3,110 SO.FTJ i " 1 END METAL WIRE o FENCE REMOVAL RESET EXISTING MAILBOX STING PROPERTY LINE (TYP) n NOTES'. 1.AERIAL IMAGE LOCATIONS ARE F APPROXIMATE AND MAY NOT BE EXACT, 1 2.NEW PROJECT IMPROVEMENT LOCATIONS R/W LEGEND f ARE PRELIMINARY AND SUBJECT TO CHANGE. ®EXISTING ROAD R/W 0 TEMPORARY CONST.PERMIT A ]5 0 l5 50 NORM STORY MILL-R/W ACO PARCEL 1 F 20023_ROW_EXHISRS.DWG 20023.03 10/6/2021 i w��rrto I 2762603 Page: 1 of 4 1T12312021 01:00:01 PM Fee: $32.00 Eric Semerad - Gallatin County, M7 MISC I111111111IIII III III11Ililll llllll IN IIII HE 11111111111111111111111111111111111111 Return to: Sanderson Stewart 106 East Babcock, Suite L1 Bozeman, MT 59715 --� a-m— S'io—x Project Name Story Mill- R/W City of Bozeman ACQ. Engineering Division Public Works Department Project lVo: 20023.03 Parcel No: 1 TEMPORARY CONSTRUCTION PERMIT The GRANTOR, Canyon Gate Investors, LLC, a Montana Limited Liability Company, whose address is 111 East Lamme St, Suite 101, 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 7B of Certificate of Survey No. 2408, being a tract of land located in the NW1/4SW1/4 and the SW1/4SW1/4 of Section 32, Township 1 South, Range 6 East, P.M.M., Gallatin County, Montana, according to the official survey thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana. EXCEPTING, therefrom that portion of said premises conveyed to the State of Montana Department of Transportation by bargain and sale deeds recorded December 10, 2015, document numbers 2532621 and 2532622, both being records of Gallatin County, Montana. 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 Bridger Drive, said point of beginning; Thence, from said point of beginning, N 00' 58' 02" W, 270.05 feet along the East right-of-way of Story Mill Road; Thence, N 89° 01' 58" E, 10.00 feet; Thence, S 000 58' 02" E, 188.65 feet; Thence, N 890 01' 58" E, 5.00 feet; Thence, S 000 58' 02" E, 81.75 feet to the North right-of-way of Bridger Drive; Thence, S 89' 36' 43" W, 15.00 feet along the North right-of-way of Bridger Drive to the East right-of-way of Story Mill Road and to the point of beginning, and containing 3,110 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 art hereof as Exhibit A of p this instrument and designated as Parcel 1. Said Parcel 1, containing 3,110 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, Story Mill-RIW ACQ. S A N D E R S O N Page 1 of 3 20023.03 S T E WA R T C Parcel 1 ' s s; i drainage, or other utility transmission or distribution facilities as necessary for the Story Mill- R/W ACQ. 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. i I I 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 j period beginning the 1 st 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. CANYON GATE INVESTORS, LLC, a Montana Limited Liability Company Andrew Holloran Manager of Canyon Gate Partners, LLC, Member of Canyon Gate Investors, LLC ACKNOWLEDGMENT OF GRANTOR State of Mai�Aara_) ss. County o Y) h On this day ofN 2oA, before me, the undersigned, a Notary Public in and for the said State, personally appeared the GRANTOR, Andrew Holloran, Manager of Canyon Gate Partners, LLC, a Montana Limited Liability Company, Member of Canyon Gate Investors, LLC, a Montana Limited Liability Company, 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 affixed my official seal this day and year above written. cr,a' , '-AU E I LI CG;�i UINC: No r� Signature Lin . ..•••.trig; INcrary Put-Ac ✓ .<"; for th-e State of Montana � Jl Periding at: No ry Pr to Name . _ d.. .z` r, fvlantana �. . n. /^� NotaryPublic for the State of s r tAly Co ttlY;tgS.>ri�XI.31res; Septe Residing at: r,�,_)nL My Commission Expires: / /10 ,-13 f Story Mill-RNV ACQ. S A N D E R S O N Page 2 of 3 20023,03 S T E WA R T wI Parcel 1 CERTIFICATE OF ACCEPTANCE i i 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 i accepts for public purposes, the real property, or interest therein, described in this instrument and consents to the recordation thereof: CITY OF BOZEMAN € i t J helkh eh ger ATTEST: By: Mike Maas �" r City Clerk ?j•....... ..... State of Montana ) E ) ss. County of Gallatin ) K The foregoing instrument was acknowledged before me this day of , 20_ 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 a d affixed my official seal this day and year above written. 1 Notary igna ure Line ,c, n? E the St al", 9 r tana! Notary Printed Name Notary Public for the State of 1- .. oz ?� My C01'v Jar, r, 26,2i..;22 Residing at: My Commission Expires: / /20 Story Mill-RNV ACQ. S A N D E R S O N Page 3 of 3 20023.03 S T E W A R T i@4-FOO Parcel 5 Y BIT A TEMPORARY CONSTRUCTION PERMIT WITHIN TRACT 78, C.O.S. 2408, LOCATED IN NW1/4SW1/4 AND SW1/4SW1/4, S32, T1 S, R6E, P.M.M. PREPARED FOR CITY OF BOZEMAN JULY, 2021 PREPARED BY SANDERSON STEWART ig BOZEMAN, MONTANA I r t L2 k I TRACT 78, C.O.S. 2408 J E I PARCEL 1 TEMPORARY t CONSTRUCTION r TRACT A J�'•^'• PERMIT C.D.S. 15[e � (3,110 SOFT.) L4 �i J EXISTING PROPERTY LINE l (S 89'38' 43"E, t 40') 6 / POB BRIDGE DR. L1 N 00' 58' 02" W, 270.05 FEET L2 N 89' 01' 58" E, 10.00 FEET L3 S 00' 58' 02" E, 188.65 FEET L4 N 89' 01' 58" E, 5.00 FEET L5 S 00' 58' 02" E, 81.75 FEET L6 S 89' 36' 43" W, 15.00 FEET RAW LEGEND. ®EXISTING ROAD R/W • TEMPORARY CONST.PERMIT NORTH scALEy.50 STORY MILL—R/W ACO PARCEL 1 20023—ROW—£XHIRITS.DWG 20023.03 8/4/2021 i V � sbzj Project Name. Story Mill- R/W j City of Bozeman ACQ. sp Engineering Division Project No: 20023.03 Public Works Department ' Parcel No 2 Q RIGHT-OF-WAY AGREEMENT Q i This Rig t-of-Way Agreement (the "Agreement") has been reached this S day of @ , 2074 between Jeffrey R. Brandner and Raymond D. Rega, each as to a 50% irate st(hereinafter the"GRANTORS"), the owners of Tract 1 of Certificate of Survey No. 1895, located in the SW1/4 of Section 32, Township 1 South, Range 6 East, P.M.M., Gallatin County, Montana, according to the official survey thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana, and as further shown on Certificate of Survey No. 2547, EXCEPTING therefrom that portion conveyed to the Montana Department.of Transportation in Bargain and Sale Deed, recorded September 19, 2014 as Document No. 2492376, records of Gallatin County, Montana, and the City of Bozeman, a Municipal Corporation of the State of Montana (hereinafter the "GRANTEE"), for the purchase of said property interest(s). The compensation amount to be paid and other considerations to be given in full satisfaction of this Agreement are as follows: Compensation: Parcel 2: Storm Drain Easement 142 s .ft.* $1,300 Cost to cure: None N/A *Figure 1 Total (rounded) 1 $1,300.00 Considerations: 1. In consideration of the payments herein set forth and the specific agreements to be per-formed by the parties hereto and written in this Agreement, the parties bind themselves to the terms and conditions stated herein. No verbal representations or agreements shall be binding upon either party. GRANTORS certifies that any known encumbrances on the property are shown on this Agreement. If GRANTORS sells their remaining property prior to the project being constructed, GRANTORS agrees to provide the purchaser(s)with a copy of this entire Agreement and agree to make the sale of their remaining property subject to all the terms and conditions contained in this Agreement. GRANTORS agrees that they will, at the GRANTEE'S request, execute deeds and/or easements required by for all real property agreed to be conveyed by this Agreement. 2. Taxes and special assessments, if any, delinquent from former years, and taxes and special assessments for the current year, if due and/or payable, shall be paid by the GRANTORS. 3. This Agreement embodies the whole Agreement between the parties hereto as it pertains to the real estate, and there are no promises, terms, conditions or obligations referring to the subject matter hereof, other than as contained herein. 4. The GRANTORS hereby agrees that the compensation herein provided to be paid includes full compensation for their interest and the interests of their life tenants, remaindermen, reversioners, liens and lessees, and any and all other legal and equitable interest that are or may be outstanding and said GRANTORS agrees to discharge the same. 5. This Agreement shall be deemed a contract extending to and binding upon the parties hereto and upon the respective heirs, devisees, executors, administrators, legal representatives, successors and Story Mill-RAN ACQ. 5 A N D E R S O N t& Page 1 of 2 20023.03 S T E WA R T Parcel 2 assigns of the parties, only when the same shall have been approved by the City Manager on behalf of the Public Works Department. 6. The property transfer shall be effective upon acceptance by GRANTORS and GRANTEE, evidenced by the execution of this Agreement by the GRANTORS and GRANTEE and payment of the compensation amount, Of the total amount of compensation hereinabove agreed upon, the sum of$1 300.0. 0 shall be paid upon execution and delivery of a good and sufficient: ® Storm Drain Easement and 0 Temporary Construction Permit. Disbursement of funds will be made in the following manner: GRANTORS Amount of Payment Jeffrey R. Brandner and Raymond D. Rega $1,300.00 The GRANTORS certifies that there are no known hazardous materials on the property being acquired. The terms of this Agreement are understood and assented to by us and payment is to be made in accordance with the above. JEFFREY R. BRANDNER AND RAYMOND D. REGA A,,,reffreyv Date: 9k ze 7, t Brandner Date: Raymond D. Rega CITY OF BOZEMAN .. Date: 17 y Je ihelich .- y M Inll g e r ,0 , ATTEST: •• �yy` ate: By: Mike Maas ��;• y4=°��,ti City Clerk .......... Co. TA �f1 Story Mill-R!W ACQ. SA N D E R S d N d Page 2 of 2 20023.03 S T E WA R T Parcef 2 2768147 i Page 1 of 5 03/01/2022 10 26:29 AM Fee: $40.00 j � EricSernerad-Gallatin County, MT MISC M on I! MONTATITLE ND ESCROW DOCU4IENT ELF.CTRONtGALL.Y RECORDED I Return to: II Sanderson Stewart 106 East Babcock, Suite L1 Bozeman, MT 59715 _ �� . Project Name: Story Mill-R!W City of Bozeman ACC . Engineering Division Project No: 20023.03 Public Works Department Parcel No: 2 STORM DRAIN EASEMENT i The GRANTORS, Jeffrey R. Brandner and Raymond D. Rega, each as to a 50% interest, whose address is 2300 Story Mill Road, Bozeman, MT 59715, for and in consideration of One and No/100 - Dollars, and other valuable consideration, in hand paid, conveys and 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, a perpetual storm drain easement to lay, construct and maintain public storm drainage distribution facilities with the usual appurtenances in, over, under, along, through, and across the following described real property located in Gallatin County, Montana: Tract 1 of Certificate of Survey No. 1895, located in the SW1/4 of Section 32, Township 1 South, Range 6 East, P.M.M., Gallatin County, Montana, according to the official survey thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana, and as further shown an Certificate of Survey No.2547, EXCEPTING therefrom that portion conveyed to the Montana Department of Transportation in Bargain and Sale Deed, recorded September 19, 2014 as Document No. 2492376, records of Gallatin County, Montana. Said storm drain easement is depicted on Exhibit A attached hereto and more particularly described as: Beginning at the Northwest corner of the easement herein described, being a point on the East right-of--way of Story Mill Road and the North right-of-way of Bridger Drive that bears S 00' 58' 02" E, 20.00' and S 89' 59' 58" E, 15.00' from the northwest corner of Tract 1, Certificate of Survey No. 1895, said point of beginning; Thence, from said point of beginning, S 89' 59' 58" E, 18.48 feet along the North right-of-way of Oridger Drive; Thence, S 39' 42' 57" W, 13.00 feet; Thence, N 890 59' 58" W, 10.00 feet to the East right-of-way of Story Mill Road; Thence, N 00' i 58' 19" W, 10.00 feet along the East right-of-way of Story Mill Road to the North right-of-way of ; Bridger Drive and to the point of beginning, and containing 142 sq.ft., more or less, as shown on \ Exhibit A. All Improvements installed within the easement by GRANTEE are the property of the GRANTEE, removable at its option. The failure of GRANTEE to exercise any of its rights granted herein shall not be construed as a waiver or abandonment of the right. Story Mill-RNVACQ. S A N D E R S O N I Page t of 4 20023.03 STEWART Parcel y ` I I I ! I MONTANA TISLE ANDSCROW ORDER# DOCU!uIENT EUCTRONICALLY RECORDED C Return to: Sanderson Stewart 106 East Babcock, Suite L1 Bozeman, MT 59715 Project Name: Story Mill- RIW City of Bozeman ACQ. i i Di i Engineerng Division ^ Project No: 20023.03 Public Works Department Parcel No: 2.-�T- STORM DRAIN EASEMENT The GRANTORS, Jeffrey R. Brandner and Raymond D. Rega, each as to a 50% interest, whose address is 2300 Story Mill Road, Bozeman, MT 59715, for and in consideration of One and No/100 - Dollars, and other valuable consideration, in hand paid, conveys and 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, a perpetual storm drain easement to lay, construct and maintain public storm drainage distribution facilities with the usual appurtenances in, over, under, along, through, and across the following described real property located in Gallatin County, Montana: Tract 1 of Certificate of Survey No. 1895, located in the SW1/4 of Section 32, Township 1 South, Range 6 East, P.M.M., Gallatin County, Montana, according to the official survey thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana, and as further shown on Certificate of Survey No. 2547, EXCEPTING therefrom that portion conveyed to the Montana Department of Transportation in Bargain and Sale Deed, recorded September 19, 2014 as Document No. 2492376, records of Gallatin County, Montana. Said storm drain easement is depicted on Exhibit A attached hereto and more particularly described as: Beginning at the Northwest corner of the easement herein described, being a point on the East right-of-way of Story Mill Road and the North right-of-way of Bridger Drive that bears S 00' 58' 02" E, 20.00' and S 89' 59' 58" E, 15,00' from the northwest corner of Tract 1, Certificate of Survey No. 1895, said point of beginning; Thence, from said point of beginning, S 89' 59' 58" E, 18.48 feet along the North right-of-way of Bridger Drive; Thence, S 390 42' 57" W, 13.00 feet; Thence, N 890 59' 58" W, 10.00 feet to the East right-of-way of Story Mill Road; Thence, N 00° 58' 19" W, 10.00 feet along the East right-of-way of Story Mill Road to the North right-of-way of Bridger Drive and to the point of beginning, and containing 142 sq.ft., more or less, as shown on Exhibit A. All improvements installed within the easement by GRANTEE are the property of the GRANTEE, removable at its option. The failure of GRANTEE to exercise any of its rights granted herein shall not be construed as a waiver or abandonment of the right. Story Mill-R/W ACQ. A N DE R S O Page 1 of 4 20023.03 S T E WA R T ew Parcel 2 'x f GRANTORS hereby covenants with GRANTEE that GRANTORS has good title to the above-described tract of land and covenants that GRANTEE shall have quiet and peaceable possession of the easement; and shall have a free and unrestricted right to access and maintain said facilities for the purpose of p constructing and/or improving storm drainage distribution facilities as necessary. 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 GRANTORS harmless from any and all liability that may result or arise from the exercise of the rights granted hereby. The GRANTEE hereby covenants and agrees to defend and indemnify GRANTORS, its officers, directors, employees, agents, and invitees and save them harmless from any and all liability, loss, costs I or obligations, including, without limitation, reasonable attorneys' fees, on account of, or arising out of, any such injury or loss caused or claimed to be caused by the exercise of this easement or use of this easement, however occurring, other than those caused solely by the willful or negligent acts or omissions of the GRANTORS. JEFFREY R. BRANDNER AND RAYMOND D. REGA, each as to a 50% interest -;d' ,WFOA.2fandher - ACKNOWLEDGMENT OF GRANTORS F 3i 3 State of kcwklq ) >> ) ss. County of e 1/4�64 ) On this / G day of 20Z1, before me, the undersigned, a Notary Public in and for the said State, personally ap eared the GRANTOR, Jeffrey R. Brandner, 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 GRANTORS, with full 9_4thority to do so and with full knowledge of its contents, for the uses and purposes therein mentione . IN WITNESS WHEREOF, I have hereunto set my hand and a ed my official eal this day and year above written. otary Signature Line ANTHONY OADf:]O • .o= Notary Publlc Notary Printed Name NCTAA1A<:° fo(;lIml�tate of Montana ResidEng at: Notary Public for the/State of SEAI.•�Q Bozeman, Montana My Commission Residing at: Expires: My Commission Expires: / /20 Story Mill-R/W AGO. S A N D S SON dft Page 2 of 4 20023.03 iMd S T C WA R T Parcel 2 a l yg� flk� Y Ra mod D. Re Y ga I ACKNOWLEDGMENT OF GRANTORS State ss. County I i I. On this day of Ao!�U-,A 2(D_,k, before me, the undersigned, a Notary Public in and for the said State, personally appeared the GRANTOR, Raymond D. Rega, 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 GRANTORS, 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 affixed my official seal this day and year above written. f 0fV' ` lJolapIr Si na ure i xP 'Toni Jay-Choynake ��1� ; ry Pu of)New Jersey Notary Printed Name td'ota tC&Mjj n Expires:December 29,2021 Notary Public for the State of I�1<t�a ►. e.hS �s� Residing at: 5oN-,AqS " Coo,, �y#�-3� MExpires: �� } p' I � 12•'' '``' y Commission Ex Tres: 0� i Story Mill-RNVACQ. SANDERSON40, Page 3 of 4 20023.03 S T E WA R T Parcel 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 MitJ46ihelich Manager ATTEST: Ca9i JJJ '•• •• L��el I [/'W" � "=— �� •FED,'( i By: Mike Maas 0, City Clerk �� '�;�'I State of Montana ) )ss. County of Gallatin } The foregoing instrument was acknowledged before me this 170�1 day of F 20ZZ-by Jeff Miheiich and Mike Maas, known to me to be the City Manager and City Clerk for thet 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. Notary Signature Line JUL lE HUNTER , e UlFp'-, Notary Public Notary Printed Name �ojar�rA�. f �State of Montana Residing at: Notary Public for the State of .SEAL. Q_ Bozeman, Montana ',,9�• P, My Commission Expires: Residing at: � �/ _� °% �Mfl�''� June 11,2025 " My Commission Expires: /20 i i Story Mill-RANACQ. S A N D E R 5 O N d& Page 4 of 4 20023.03 STEWART Parcel I R. EXHII ■ A EXHIBIT R STORM DRAIN EASEMENT WITHIN TRACT 1, C.O.S. 1895, LOCATED IN SW1/4, S32, T1S, R6E, P.M.M. PREPARED FOR CITY OF BOZEMAN JULY, 2021 PREPARED BY SANDERSON STEWART is BOZEMAN, MONTANA 11. RIDGER DR. S POP (S 00' 58' 02" E. 20.00') L1 �c fi ..............._:_,..:.-:.;. I �4 (S 8 11 9' 59' 58" E, 15.00') 3 �ONTAMICHAEL DEAN N\ o ;b BERTRAM �o \ A 18972LS PARCEL 2 N,gL LA p�� I [ifEASEMENRAIN \ 0 H (142 SO.FT.) \ I \ TRACT 1 TRACT 1 \ C.O.S. 2760 C.O.S. 1895 EXISTING PROPERTY LINE I L1 S 89° 59' 58" E, 18.48 FEET L2 S 39* 42' 57" W, 13.00 FEET 1-3 N 89" 59' 58" W, 10.00 FEET R/W LEGEND L4 N 00° 58' 19" W, 10.00 FEET ®EXISTING ROAD R/W STORM DRAIN EASEMENT A* 25 0 5 iiiiiiiiiii 50 .NORTH SME:1`=59 STORY MILL.—R/W ACO PARCEL 2 20023—ROW—EXHIBITS.OWG 20023.03 7/6/2021 x . _ aoas F j Project Name: Story Mill- R/W City of Bozeman ACQ. i Project No: 20023.03 Engineering Division Public Works Department t N CO. r1 Parcel No: 3 l TEMPORARY RIGHT-OF-WAY AGREEMENT This Temporary Right-of-Way Agreement (the "Agreement") has been reached this day of 207t between 2511 N LLC, a Montana Limited Liability Company, as to an undivided 84% interest, and 2332, LLC, a Montana Limited Liability Company, as to an undivided 16% interest, (hereinafter the "GRANTORS"), the owners of Tract C2-A, of Certificate of Survey No. 187713, located in the NW1/4 of Section 5, Township 2 South, Range 6 East and in the SW1/4 of Section 32, Township 1 South, Range 6 East, P.M.M., Gallatin County, Montana, according to the official survey thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana, and the City of Bozeman, a Municipal Corporation of the State of Montana (hereinafter the"GRANTEE"), r for the purchase of a Temporary Construction Permit. The compensation amount to be paid and other considerations to be given in full satisfaction of this Agreement are as follows: Compensation: Parcel 3: Temporary Construction Permit 2,915 s .ft.* $500 Cost to cure: None N/A Figure 1 Total (rounded) $500.00 Considerations: 1. In consideration of the payments herein set forth and the specific agreements to be performed by the parties hereto and written in this Agreement, the parties bind themselves to the terms and conditions stated herein. No verbal representations or agreements shall be binding upon either party. GRANTORS certify that to the best of their knowledge, any known encumbrances on the property are shown on this Agreement. If GRANTORS sell their property prior to the project being constructed and the termination of this Agreement, GRANTORS agree to provide the purchaser(s)with a copy of this entire Agreement and agree to make the sale of their property subject to all the terms and conditions contained in this Agreement. 2. Taxes and special assessments, if any, delinquent from former years, and taxes and special assessments for the current year, if due and/or payable, shall be paid by the GRANTORS. 3. This Agreement embodies the whole Agreement between the parties hereto as it pertains to the real estate, and there are no promises, terms, conditions or obligations referring to the subject matter hereof, other than as contained herein or within the Temporary Construction Permit. 4. The GRANTORS hereby agree that the compensation herein provided to be paid includes full compensation for the Temporary Construction Permit. 5. This Agreement shall be deemed a contract extending to and binding upon the parties hereto and upon the respective heirs, devisees, executors, administrators, legal representatives, successors and assigns of the parties, only when the same shall have been approved by the City Manager on behalf of the Public Works Department. 6. The Temporary Construction Permit shall be effective upon acceptance by GRANTORS and GRANTEE, evidenced by the execution of this Agreement by the GRANTORS and GRANTEE and payment of the compensation amount. The permit is in effect for a period beginning the 1st day of ; Story Mill-RNV ACQ. S A N D E R S O N L Page 1 of 2 20023.03 5TEWART Z41500 J0 Parcel construction on the property, and ending two (2) years later, at which time the permit shall expire and be of no force and effect. 7. The GRANTORS and GRANTEE agree that the purpose of the Temporary Construction Permit is for 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 this project as depicted on Figure 1 attached hereto and incorporated herein. g Of the total amount of compensation hereinabove agreed upon, the sum of $500.00 shall be paid upon execution and delivery of a good and sufficient: ❑ Public Use Easement and ® Temporary Construction Permit. Disbursement of funds will be made in the following manner: GRANTORS Amount of Payment 2511 N LLC(84%)and 2332, LLC (16%) $500.00 f The GRANTORS certifies that there are no known hazardous materials on the property being utilized as a temporary right-of-way. a The terms of this Agreement are understood and assented to by us and payment is to be made in accordance with the above. 2611 N LLC f l z1 Date: Name: Witr.S:�n1 �ya f Title: 2332, LLC Date: Name: Title: CITY OF BOZEMAN -� Date: 90 Mih lich y nager * , ATTEST: ���. _ ;j; Date: By: Mike Maas E City Clerk f Story Nlill-R/W ACQ. S A N D E R S O N ( Page 2 of 2 20023.03 S T E WA R T Parcel 3 FIGURE 1 RIGHT-OF-WAY ACQUISITION WITHIN TRACT C2-A, C.O.S. 18778, LOCATED iN NW1/4, S5, T2S, R6E, AND IN SW1/4, S32, T1S, RISE, P.M.M. 4 PREPARED.FOR CITY OF BOZFMAN JULY, 2021 PREPARED BY SANDERSON STEWART IJOZI...MAN, MONFANA 'ExrTNG _,j PR0PFRTY:INF k (ly") A" 00 NOT DISTURB ` EXISTING TREE I _ ^� AND DU3LBINC / t TEMPORARY CONSTRUCTION }, PERMIT (2.815 SO.FT.) _E U v �r T 1 _ i Y _ 1 } { 5 r NOTES- 1.AERIAL IMAGE LOCATIONS ARE APPROXIMATE AND MAY NOT BE EXACT. 2.NEW PROJECT IMPROVEMENT LOCATIONS R/W LEGENO ARE PRELIMINARY AND SUBJECT TO ®EXISTING ROAD R/W CHANCE. TEMPORARY CONST.PERMIT a NORTH SCALM-eo STORY MILL-R/4Y ACO PARCEL 3 20023_ROVI EXHISITS.OWR 20023.03 7/6/2021 I F 1 E 2754137 { Page: 1 of 5 10/08/2021 09:25:34 AM Fee: $40.00 Eric Semerad - Gallatin County, MT MISC lllllll IIIIII III IIII lllllll IIIIII IIII IIII IIIII IIIII IIIII lllllll III IIIII IIIII lull Ilil IN i Return to: Sanderson Stewart 106 East Babcock Suite L1 Bozeman, MT 59715 ��oesoz�'�i Project Name: Story Mill- R/W City of Bozeman ACQ. E Engineering Division Project No: 20023.03 ''<< Public Works Department Parcel No: 3 TEMPORARY CONSTRUCTION PERMIT t The GRANTOR, 2511N LLC, a Montana Limited Liability Company, as to an undivided 84% interest, whose address is P.O. Box 1336, Bozeman, MT 59771, and 2332, LLC, a Montana Limited Liability Company, as to an undivided 16% interest, whose address is P.O. Box 13, Bozeman, MT 59771, 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 describ.,ed real property located in Gallatin County, Montana: f Tract C2-A, of Certificate of Survey No. 1877B, located in the NW1/4 of Section 5, Township 2 South, Range 6 East and in the SW1/4 of Section 32, Township 1 South, Range 6 East, P.M.M., Gallatin County, Montana, according to the official survey thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana. i Said temporary construction permit is depicted on Exhibit A attached hereto and more particularly described as: t Beginning at the Northwest corner of the permit herein described, being a point on the East right- of-way of Story Mill Road and the South right-of-way of Hillside Lane, said point of beginning; Thence, from said point of beginning, S 89° 33' 59" E, 99.69 feet along the South right-of-way of Hillside Lane; Thence, continuing along the South right-of-way of Hillside Lane, S 89° 25' 33" E, 105.79 feet; Thence, S 14° 31'43"W, 30.00 feet; Thence, N 73' 26' 15"W, 45.00 feet; Thence, N 84° 39' 02" W, 80.00 feet; Thence, N 89' 33' 59" W, 75.00 feet to East right-of-way of Story Mill Road; Thence, N 00' 57' 46" W, 10.00 feet along East right-of-way of Story Mill Road to the South right-of-way of Hillside Lane and to the point of beginning, and containing 2,915 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 2,915 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, t drainage, or other utility transmission or distribution facilities as necessary for the Story Mill- R/W ACQ. Project. Story Mill-R/W ACQ. SANDERSONi0k. Page 1 of 4 20023,03 5 T E WA R T Parcel 3 n r I! 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. 2511 N LLC, a Montana Limited Liability Company, as to an undivided 84% interest a L1eV_1'_V N me: 4�i4bc��1ti=1 Title: iw„�•,-:�,,,.:5 ;x�,...b�,. ACKNOWLEDGMENT OF GRANTOR State of } ) ss. County of On this day of �.r„ 20 , before me, the undersigned, a Notary Public in and for the said State, personally appeared the, GRANTOR, I1�114'le , the hill- `of 2511 N LLC, a Montana Limited Liability Company, known to me to be the identical individual who executedjhe foregoing instrument, who acknowledged to me that the individual executed the same as the free and vv 14ntary 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 ankkaffixed my official seal this day and year above written. Nota .Signature Line (Seal) Notary Print&"ame 4 Notary Public for the State of Residing at: My Commission Expires: / - 20 Story S A N D E R S O N Page 2 of 4 20023 0'3 RAN ACQ. S T E WA,R T M Parcel 3 ^ ` ` ` 2332, LLC, a Montana Limited Liability Company, as to an undivided 16% interest ACKNOWLEDGMENT QFGRANTOR �� � ' ° State of ss. ���) �� L��_ ' {� Won kvtej y Co nt of u On this day of 74tQ()(�I— 20Z, before me, the undersigned, a Nqtary Pu lic in and for the -gio State, personally ppeared the GRANTOR, of3332, LLC. a Montana Limited UaUUKy Componxnown . ~ tometo thqjdentical 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. |N WITNESS WHEREOF, | have hereunto set myhand and affixed my official seal this day and year above written. GINA BAUSCH Notary Signature Line Notary Public :,4()!ARJjj'. for the State of Montana at: Notary Printed Name �Ov Comm'sslon Expires: Notary Public State ofHnn My Commission Exp�ire`s: 20 Story Mill-nxmAcQ. S/\NDERS[JN ,191hL Page om4 20023.03 Pa |o STEVYART �OR '«« 1 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 j consents to the recordation thereof: CITY OF BOZEMAN 4yager elich �i \ U.. --� 1 ATTEST: B ike Maas City Clerk State of Montana ) ) ss. County of Gallatin ) The foregoing instrument was acknowledged before me this day of".."* f'; 1,,k,�t 20__� 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 official seal this day and year above written. I Notary Signature Line j' (Seal) Notary Printed Na e,, Notary Public for the State ofa,�wk l`" Residing at i El- q , "? �� °FF ( My Commission Expires: l:>!. 12 ; r{>, ff���';!�;t`:.S.S4Y,^ lif!•e �i": ''1„',<,.`.rl ski>il'E:s: 2023 Story Mill-RNV ACQ. S A N D E R S O N tft Page 4 of 4 20023.03 S T E W A R T Parcel EXHIBIT TEMPORARY CONSTRUCTION PERMIT WITI IIN TRACT C2-A, C.O.S. 187713, LOCATED IN NW1/4, S5, T2S, R6E, AND IN SW1/4, S32, T1S, R6E, P.M.M. PREPARED FOR CITY OF BOZEMAN JULY, 2021 PREPARED BY SA D RSON STBAi9ART, BOZEMAN, MONTANA i / I I TRACT 1 C.O.S. 2760 EXISTING HILL ID LN. PROPERTY LINE P OB (TYP) I Ll �.�. L2 .. Iti o I ,L6" L5,` II I I L4` \ I ti � � � ✓ � I � PARCEL 3 i l I TEMPORARY (� I I CONSTRUCTION PERMIT I 4 I (2,915 SQ.FT.) I I 4 I f y i L1 S 89" 33' 59" E, 99.69 FEET ti L2 S 89° 25' 33" E, 105.79 FEET L3 S 14' 31' 43" W, 30.00 FEET L4 N 73` 26' 15" W, 45.00 FEET L5 N 84' 39 02 W, 80.00 FEET 1-6 N 89- 33' 59" W, 75.00 FEET 1-7 N 00' 57' 46" W, 10.00 FEET R/W LEGEND ®EXISTING ROAD R/W TEMPORARY CONST. PERMIT 30 0 30 60 e� Sc�ue:l.bo STORY MILL—R/W NUBiN ACQ PARCEL 3 20023—ROW—EXHIBITS.DWG 20023.03 7/b/2021 ��oggoa� Project Name: Story Mill- RAN City of Bozeman ACQ. Engineering Division Project No: 20023.03 Public Works Department C{9�N C0.ICY Parcel No: 6 &7 t TEMPORARY RIGHT-OF-WAY AGREEMENT Thi Temp rary Right-of-Way Agreement (the "Agreement') has been reached this day of w„ , 20T I, between Wake Up Inc., a Montana Corporation, (hereinafter the " GRANTOR"), the owners of Tract 2 and Tract 3 of Certificate of Survey No. 1147A, located in the Northeast quarter of Section 6 and the Northwest quarter of Section 5, Township 2 South, Range 6 East, and the Southeast quarter of Section 31 and the Southwest quarter of Section 32, Township 1 South, Range 6 East, P.M.M., City of Bozeman, Gallatin County, Montana, and the City of Bozeman, a Municipal Corporation of the State of Montana (hereinafter the "GRANTEE"), for the purchase of Temporary Construction Permits (2). The compensation amount to be paid and other considerations to be given in full satisfaction of this Agreement are as follows: Compensation: Parcel 6:Temporary Construction Permit 1,959 s .ft.* NIA Cost to cure: None NIA Parcel 7: Temporary Construction Permit 151 s .ft.* N/A Cost to cure: None N/A Figure 1 Total (rounded) F $©AO Considerations: 1. In consideration of the payments herein set forth and the specific agreements to be performed by the parties hereto and written in this Agreement, the parties bind themselves to the terms and conditions stated herein. No verbal representations or agreements shall be binding upon either party. GRANTOR certifies that to the best of their knowledge, any known encumbrances on the property are shown on this Agreement. If GRANTOR sells their property prior to the project being constructed and the termination of this Agreement, GRANTOR agrees to provide the purchaser(s) with a copy of this entire Agreement and agree to make the sale of their property subject to all the terms and conditions contained in this Agreement. 2. Taxes and special assessments, if any, delinquent from former years, and taxes and special assessments for the current year, if due and/or payable, shall be paid by the GRANTOR. 3. This Agreement embodies the whole Agreement between the parties hereto as it pertains to the real estate, and there are no promises, terms, conditions or obligations referring to the subject matter hereof, other than as contained herein or within the Temporary Construction Permits (2). 4. The GRANTOR hereby agree that the compensation herein provided to be paid includes full compensation for the Temporary Construction Permits (2). 5. This Agreement shall be deemed a contract extending to and binding upon the parties hereto and upon the respective heirs, devisees, executors, administrators, legal representatives, successors and assigns of the parties, only when the same shall have been approved by the City Manager on behalf of the Public Works Department. Story Mill-RM ACQ. S A N D E R S O N [0 Page I of 2 20023.03 S T E WA R T P Parcel 6&7 6. The Temporary Construction Permits shall be effective upon acceptance by GRANTOR and GRANTEE, evidenced by the execution of this Agreement by the GRANTOR and GRANTEE and payment of the compensation amount. The permits are in effect for a period beginning the 1 st day of construction on the property, and ending two (2) years later, at which time the permits shall expire and be of no force and effect. 7. The GRANTOR and GRANTEE agree that the purpose of the Temporary Construction Permits are for 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 this project as depicted on Figure 1 attached hereto and incorporated herein. 8. The GRANTOR and GRANTEE agree that the existing driveway approach located in the Story Mill Road right-of-way will be removed. Further, both parties agree the GRANTEE will provide a gravel parking area and private sidewalk as shown on Figure 1. 9. The GRANTOR acknowledges and agrees that they are currently pursuing a zone map amendment covering their property for future developing within the City of Bozeman and further agree that the required right-of-way for this project will be provided without compensation. Of the total amount of compensation hereinabove agreed upon, the sum of $0.00 shall be paid upon execution and delivery of a good and sufficient: ❑ Public Use Easement and ® Temporary Construction Permits (2). Disbursement of funds will be made in the following manner: GRANTOR Amount of Payment Wake Up Inc. $0.00 The GRANTOR certifies that there are no known hazardous materials on the property being utilized as a temporary right-of-way. The terms of this Agreement are understood and assented to by us and payment is to be made in accordance with the above. WAKE UP INC. qOV44 �� , & . Date: �ZLI1 ame: Title: CITY OF BOZEMAN Date: arG a o� .• �: Wanagit�yer elich ` ATTEST: 7 V Date: By: Mike Maas City Clerk Story Mill-RNd ACQ. S A N D E R S O N (� Page 2 of 2 20023.03 STEWART� Parcel 6&7 FIGURE RIGHT—OF—WAY ACQUISITION WITHIN TRACT 2 AND 3, C.D.S. 1 147A, LOCATED IN NE1/4 OF S6 AND NW1/4 OF S5, T2S, R6E, AND SE1/4 OF S31 AND SW1/4 OF 532, T1S, R6E, P.M.M. PREPARED FOR CITY OF BOZEMAN ® JULY, 2021 PREPARED BY SANDERSON STEWART BOZEMAN, MONTANA r d , a 2 3 PARCEL 6 TEMPORARY CONSTRUCTION PERMIT (1,959 SQ.FT.) EXISTING DRIVEWAY TO BE EXISTING REMOVEDLINE REMOVED PR . (TYP) EXISTING VEGETATION IN CONFLICT WITH NEW <4'' € PRIVATE SIDEWALK TO BE :• "- REMOVED AS NEEDED NEW GRAVEL PARKING AREA AND PRIVATE SIDEWALK f##. `fir. •�,;�'. i 1 ,,y� `5 � G N , (( GRIFFIN DR.' � - -L MAILBOX 'zti',•.:'. .5° x�x' EXISTING PROPERTY LINE ° r `.'' •.; = ll :v{s;, PARCEL 7 TEMPORARY ,$ ' CONSTRUCTION P E R M l T (151 sQ.FT.) 77 r�? v;M;E;s`;ri"��,��a�•1`r'�'z �>=d."� s t ate' - :}q. .r't;=:`•. it"% a � ;sv.-.�..� Y � ag-,lux ,�v e� � 'A •s 't;'•:;:.• -p.= .•. + s :t -Q �a 7 -t€4 �. Ag 5 + 1 2� •�frrF� .,I .`<!. { - _. { (Y -;S} 4��i� t-.t t i thES� U i z yf �> �x i NOTES: 1. AERIAL IMAGE LOCATIONS ARE R/W LEGEND APPROXIMATE AND MAY NOT BE EXACT. 2.NEW PROJECT IMPROVEMENT LOCATIONS ® EXISTING ROAD R/W ARE PRELIMINARY AND SUBJECT TO [ TEMPORARY CONST. PERMIT CHANGE. 25 o 25 so STORY MILL—R/W ACQ �4 NORTH SCALE:1^=so' PARCEL 6 & 7 20023_ROW_EXHISITS.DWG 20023.03 9/15/2021 plgTTED 2765497 Page: 1 of 4 01/25/2022 04:42:53 PM Fee: $32.00 Eric Semerad - Gallatin County, MT MISC Illllll IIIIII III IIII Ill!!!I IIIIII IIII II...1111!IIIII IIIII Illllll ll!IIIII IIIII IIII.III Return to: Sanderson Stewart 106 East Babcock, Suite L1 Bozeman, MT 59715 .�� Project Name: Story Mill- R/W City of Bozeman ACQ. • Engineering Division Public Works Department Project No: 20023.03 co-" Parcel No: 6 TEMPORARY CONSTRUCTION PERMIT The GRANTOR, Wake Up Inc., a Montana Corporation, whose address is P.O. Box 23, Harrison, MT 59735-0023, 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 2 of Certificate of Survey No. 1147A, located in the Northeast quarter of Section 6 and the Northwest quarter of Section 5, Township 2 South, Range 6 East, and the Southeast quarter of Section 31 and the Southwest quarter of Section 32, Township 1 South, Range 6 East, P.M.M., City of Bozeman, Gallatin County, Montana. Said temporary construction permit is depicted on Exhibit A attached hereto and more particularly described as: Beginning at the Southeast corner of the permit herein described, being a point on the West right- of-way of Story Mill Road and the North right-of-way of Griffin Drive, said point of beginning; Thence, from said point of beginning, along a curve to the RIGHT, having a radius of 200.00 feet, a delta angle of 05' 44' 22", and whose long chord bears S 75' 20' 23" W a distance of 20.03 feet, along North right-of-way of Griffin Drive; Thence, along a non-tangent curve to the RIGHT, having a radius of 765.00 feet, a delta angle of 01° 44' 57", and whose long chord bears N 100 55' 11"W a distance of 23.36 feet; Thence, N 55' 15' 38 E, 16.54 feet; Thence, along a non-tangent curve to the RIGHT, having a radius of 750.00 feet, a delta angle of 01° 56' 49", and whose long chord bears N 08' 32' 37" W a distance of 25.48 feet; Thence, N 57° 45' 00" W, 12.96 feet; Thence, along a non-tangent curve to the RIGHT, having a radius of 760.00 feet, a delta angle of 05' 58' 53", and whose long chord bears N 030 57' 13"W a distance of 79.31 feet; Thence, N 000 57' 46" W, 2.13 feet to the North line of said Tract 2; Thence, N 890 19' 39" E, 15.00 feet along the North line of said Tract 2 to the West right-of-way of Story Mill Road; Thence, S 00' 57'46" E, 2.05 feet along the West right-of-way of Story Mill Road; Thence, along a curve to the LEFT, having a radius of 745.00 feet, a delta angle of 10' 45' 16", and whose long chord bears S 06' 20' 25" E a distance of 139.63 feet, along the West right-of-way of Story Mill Road to the North right- of-way of Griffin Drive and to the point of beginning, and containing 1,959 sq.ft., mo—re,or less, as shown on Exhibit A; ,ft Story Mill-R/W ACQ. S A N D E R S O N ; Page 1 of 3 20023.03 STEWART�/ Parcel 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 6. Said parcel, containing 1,959 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 Story Mill- R/W ACQ. 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. WAKE UP INC., a Montana Corporation Na e: ✓v1r/ Title: I ACKNOWLEDGMENT OF GRANTOR State of 'Z ) ) ss. County of ) On this day of 207-r before me, the undersigned, a Notary.Public in and for the said State, ers nally appeared the GRANTOR, le ;b�ie V the � � _of Wake Up Inc., a Montana Corporation, 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 aut_hority-tatlo.so and with full knowledge of its contents, for the uses and purposes therein mew IN WITNESS WHEREOF, I have hereunto set my hand and of i my offici sal this day and ye6r above written. a ANTHONY GADDO otary Signa e ine Notary Public for the State of Montana Notary Pr' ted Name (SR"ding at: .SEAL, Bozeman, Montana Notary Public for the; tate of '. Q My Commission Expires: QF �„ January 30,2023 Resi din g at: My Commissioi,"Expires: 1 /20 Story Mill-RM/ACQ. S A N D E R S O N � Page 2 of 3 20023.03 STEWART Ea Parcel 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 IVA Vit J Mihelich anager ATTEST: ,...... 'V($ .P. �fr`"� ,_..., � _, •tea ;tom t e-• By: Mike Maas01 City Clerk y••.� State of Montana ) ss. County of Gallatin ) The foregoing instrument was acknowledged before me this day of 20, y Jeff Mihelich and Mike Maas, known to me to be the City Manager and City Clerk for the Cfty 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 sea[ this day and year above written. l� kvi i ary Sig atu e Ine (Seal) try Printed Name Notary Public for the State of 0 iding at: J,,.+rrri,inoF My CommissionExpires: Avc ,......� JUL1E HUNTER y 2 -P Notary Public for the State of Montana SEAL. * Residing at: _�. Bozeman, Montana `9� P M p�ihpt�,,• y Commission Exp€res: 1-4 2025 Story Mill-RAN ACQ. S A N D E R S O N � Page 3 of 3 20023.03 STEWART � Parcel EXHIBIT TEMPORARY CONSTRUCTION PERMIT WITHIN TRACT 2, C.O.S. 1147A, LOCATED IN NE1/4 OF S6 AND NW1/4 OF S5, T2S, R6E, AND SE1/4 OF S31 AND SW1/4 OF S32, T1S, R6E, P.M.M. PREPARED FOR CITY OF BOZEMAN JULY, 2021 PREPARED BY SANDERSON STEART BOZEMAN, MONTANA R1 R = 200.00 FEET, A = 05° 44' 22", V /I LC = S 75° 20' 23" W, 20.03 FEET o R2 R = 765.00 FEET, A = 01' 44' 57", I LC = N 10' 55' 11" W, 23.36 FEET L1 N 55' 15' 38" E, 16.54 FEET R3 R = 750.00 FEET, A = 01° 56' LC = N 08' 32' 37" W, 25.48 FEET o € L2 N 57' 45' 00" W, 12.96 FEET U' R4 R = 760.00 FEET, A = 05' 58' 53", _ 14 LC = N 03° 57' 13" W, 79.31 FEET L3 L3 N 00° 57' 46" W, 2.13 FEET L5 1 L4 N 89° 19' 39" E, 15.00 FEET L5 S 00° 57' 46" E, 2.05 FEET R5 R = 745.00 FEET, A = 10° 45' 16", -;D �1 I LC - S 06' 20' 25" E, 139.63 FEET J I PARCEL 6 C.O.S.1147A EXISTING TEMPORARY PROPERTY LINE CONSTRUCTION Cli (nP) PERMIT (1,959 SQ.FT.) N+ GRI FI DR. POOB R/W LEGEND ® EXISTING ROAD R/W TEMPORARY CONST. PERMIT 25 0 25 so STORY MILL—R/W ACQ NORTH SCALE:1"=50' PARCEL 6 20023-ROW-EXHIBITS.DWG 20023.03 7/6/2021 2765496 Page; 1 of 4 01/25/2022 04:42;53 PM Fee: S32.00 Eric lIIIISemerad - Gallatin County, MT DISC IIIIIII IIIIIIIlIIIIIIIIIIIII II IIII[1 llllllllllllllffl IIIIIIIIIIIIIIII Return to: Sanderson Stewart 106 East Babcock, Suite L1 Bozeman, MT 59715 FProject e: Story Mill- R/VI/ w U City of Bozeman a Engineering Division l Public Works Department 20023.03 �r o� fNCO.� [Parcel No: 7 TEMPORARY CONSTRUCTION PERMIT The GRANTOR, Wake Up Inc., a Montana Corporation, whose address is P.O. Box 23, Harrison, MT 59735-0023, 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 3 of Certificate of Survey No. 1147A, located in the Northeast quarter of Section 6 and the Northwest quarter of Section 5, Township 2 South, Range 6 East, and the Southeast quarter of Section 31 and the Southwest quarter of Section 32, Township 1 South, Range 6 East, P.M.M., City of Bozeman, Gallatin County, Montana. Said temporary construction permit is depicted on Exhibit A attached hereto and more particularly described as: Beginning at the Northeast corner of the permit herein described, being a point on the West right- of-way of Story Mill Road and the South right-of-way of Griffin Drive, said point of beginning; Thence, from said point of beginning, along a curve to the LEFT, having a radius of 745.00 feet, a delta angle of 01° 37' 08", and whose long chord bears S 17' 08' 58" E a distance of 21.05 feet, along the West right-of-way of Story Mill Road; Thence, N 57' 27' 08" W, 15.42 feet; Thence, along a non-tangent curve to the RIGHT, having a radius of 1277.71 feet, a delta angle of 000 25' 42", and whose long chord bears N 17' 17' 40" W a distance of 9.55 feet, to the South right-of- way of Griffin Drive; Thence, along a non-tangent curve to the LEFT, having a radius of 260.00 feet, a delta angle of 02' 12' 16", and whose long chord bears N 740 22' 52" E a distance of 10.00 feet, along the South right-of-way of Griffin Drive to the West right-of-way of Story Mill Road and to the point of beginning, and containing 151 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 7. Said parcel, containing 151 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 Story Mill- RAN ACQ. Project. Story Mill-RMl ACQ. S A N D E R S O N � Page 1 of 3 20023.03 ST E WA RT�/ Parcel 7 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. WAKE UP INC., a Montana Corporation l Title: ACKNOWLEDGMENT OF GRANTOR State of ) 7� ) ss. County of ) On this 161 day of , 20_?-J, before me, the undersigned, a Notary Public in and for the said Stag personal appeared the GRANTOR, _ -, y1&f p e &v vrev- the of Wake Up Inc., a Montana Corporationkil own 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 thereirr�entio ed_ i IN WITNESS WHEREOF, 1 have hereunto set my hand and fixed my offica seal this d4 and year above written. Notary igna irie _........_. ._ ANTHONY GADDO Y Notary Publlo NofARrA�.o for the( �of Montana Notary Pr' ed Name f Residing at, Nota Public for�etateof occ ,SEAL .-' Bozeman, Montana ry '�ZIZ: My Commission.>"xplres; Residing at: January 30,2023 My Commission Expires: 1 120 Story Mill-R1W ACQ. S A N D E R S O N !� Page 2 of 3 20023.03 ST E WA RT Parce!7 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 . tnager lich ty ATTEST: By:: Mike Maas City Clerk State of Montana ) ) ss. County of Gallatin ) The foregoing instrument was acknowledged before me this day of ' 20'ZZby Jeff Mihelich and Mike Maas, known to me to be the City Manager and City Clerk for the G4ty 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. J AliAl -o ary Signa ure Line (Seal) Notary Printed NamLme Notary Public for the State of F Residing at: " JULIE HUNTER My Commission Expires: _1120 Notary Public No'W?i.44" for the State of Montana _ Residing at: ,.SEAL..-,,*; Bozeman, Montana %9 P'� My Commission Expires: June 11,2025 Story Mill-RNV ACQ. S A N D E R S O N l0- Page 3 of 3 20023.03 ST E WA RT Parcel 7 EXHIBIT A TEMPORARY CONSTRUCTION PERMIT WITHIN TRACT 2, C.O.S. 1147A, LOCATED IN NE1/4 OF S6 AND NW1/4 OF S5, T2S, R6E, AND SE1/4 OF S31 AND SW1/4 OF S32, T1 S, R6E, P.M.M. PREPARED FOR CITY OF BOZEMAN JULY, 2021 PREPARED BY SANDERSON STEWART A BOZEMAN, MONTANA TRACT 2 C.O.S. 1147A GRIFFIN DR. r 1 POB <7\ EXISTING PROPERTY LINE (TYP) 1 TRACT REM PARCEL 7 C.O.S. 1147A TEMPORARY CONSTRUCTION PERMIT (151 S4.FT.) L �— f TRACT 4 REM f C.O.S. 1147A R1 R = 745.00 FEET, A = 01` 37' 08", LC = S 17" 08' 58" E, 21.05 FEET L1 N 57' 27' 08" W, 15.42 FEET R2 R = 1277.71 FEET, A = 00° 25' 42", LC = N 17' 17' 40" W, 9.55 FEET R/W LEGEND R3 R = 260.00 FEET, A = 02` 12' 16", ® EXISTING ROAD R/W LC = N 74` 22' 52" E, 10.00 FEET TEMPORARY CONST. PERMIT 25 0 25 s0 STORY MILL—R/W ACO NORTH SCALE:1"=sa' PARCEL 7 20023.,ROW—EXHIBITS.DWG 20023.03 7/6/2021 .i i ..._.........._......,..,.,:...:.. Project Name: Griffin Dr-R/W Acq. City of Bozeman i Project No: 18092.12 1;• � . •:..,_,; • i Engineering Division Public Works Department Parcel No: 13-1 & 13-2 I RIGHT-OF-WAY AGREEMENT s.� E This Ri ht-of-Way Agreement (the "Agreement') has been reached this -2 J _ day of 20Z-t, between Four Ts Limited Partnership, a Montana Limited Partnership (herein fter the "GRANTOR"), the owner of Tract 26 of Gordon Mandeville State School Section Subdivision, 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, and the City of Bozeman, a Municipal Corporation of the State of Montana (hereinafter the "GRANTEE"), for the purchase of said property interest(s). The compensation amount to be paid and other considerations to be given in full satisfaction of this Agreement are as follows: Compensation: Parcel 13-1: Public Use Easement 4,926 s .ft.* $74,900 Cost to cure: None N/A Parcel 13-2:Temporary Construction Permit 4,224 s .ft.* $500 i Cost to cure: None N/A Figure 1 Total (rounded) 1 $75,400.00 Considerations: 1. In consideration of the payments herein set forth and the specific agreements to be performed by the parties hereto and written in this Agreement, the parties bind themselves to the terms and conditions stated herein. No verbal representations or agreements shall be binding upon either party. GRANTOR agrees that to the best of their knowledge, any known encumbrances on the property are shown on this Agreement. If GRANTOR sells their remaining property prior to the project being constructed, GRANTOR agrees to provide the purchaser(s)with a copy of this entire Agreement and agree to make the sale of their remaining property subject to all the terms and conditions contained in this Agreement. GRANTOR agrees that they will, at the GRANTEE'S request, execute deeds and/or easements required by for all real property agreed to be conveyed by this Agreement. 2. Taxes and special assessments, if any, delinquent from former years, and taxes and special assessments for the current year, it due and/or payable, shall be paid by the GRANTOR. 3. This Agreement embodies the whole Agreement between the parties hereto as it pertains to the real estate, and there are no promises, terms, conditions or obligations referring to the subject matter hereof, other than as contained herein. 4. The GRANTOR hereby agrees that the compensation herein provided to be paid includes full compensation for their interest and the interests of their life tenants, remaindermen, reversioners, liens and lessees, and any and all other legal and equitable interest that are or may be outstanding and said GRANTOR agrees to discharge the same. 5. This Agreement shall be deemed a contract extending to and binding upon the parties hereto and upon the respective heirs, devisees, executors, administrators, legal representatives, successors and assigns of the parties, only when the same shall have been approved by the City Manager on behalf of the Public Works Department. t G Griffin Dr-RM/Acq. SA N D E R S o N 4M, Page 1 of 2 18092.12 5 T E WA R T Parcel 13-1 &13-2 � t 6. The property transfer shall be effective upon acceptance by GRANTOR and GRANTEE, evidenced 4 by the execution of this Agreement by the GRANTOR and GRANTEE and payment of the compensation amount. d 7. The parties agree that they will execute (1) the Public Use Easement in the form attached hereto as Exhibit 1 granting a public use easement in the area designated as Parcel 13-1 on Figure 1 attached hereto, O Temporary granting 2 the Tem orar Construction Permit in the form attached hereto as Exhibit 2 rantin a temporary construction permit in the area designated as Parcel 13-2 on Figure 1 attached hereto, and (3) such documents as may be reasonably required by the escrow agent to administer the transactions contemplated by this Agreement. 8. The transaction contemplated by this Agreement shall be consummated through an escrow administered by Montana Title & Escrow, Inc. The escrow agent shall be authorized to close the transaction contemplated by this Agreement upon receipt of the amount of $75,400.00 from I GRANTEE, to be paid to GRANTOR, and duly executed counterparts of this Agreement, the Public Use Easement, and the Temporary Construction Permit from GRANTOR and GRANTEE. Upon the closing, the escrow agent shall disburse said amount to GRANTEE and shall record the Public Use Easement and Temporary Construction Permit in the public records of Gallatin County, GRANTEE shall be responsible for the fees of the escrow agent and all recording charges. Of the total amount of compensation hereinabove agreed upon, the sum of$75,400.00 shall be paid upon i execution and delivery of a good and sufficient: ® Public Use Easement and ® Temporary Construction Permit. Disbursement of funds will be made in the following manner: GRANTOR Amount of Payment Four Ts Limited Partnership $75,400.00 The GRANTOR certifies that there are no known hazardous materials on the property being acquired. E The terms of this Agreement are understood and assented to by us and payment is to be made in accordance with the above. s f FOUR TS LIMITED PARTNERSHIP 6f �� Date: l-h ame: Title: CITY OF BOZEMAN Date: � 2 I B J ihelich C nager ATTEST: hh� !"l E Otov Date: D 0�0 9 l�' CQ.. � By: Mike Maas City Clerk Griffin Dr-Rfw Acq. SANDERSON I Page 2of2 18092.12 S T E WA R T Parcel 13-1 &13-2 I ® I FIGURE 1 RIGHT-OF-WAY ACQUISITION WITHIN TRACT 26, GORDON MANDEVILLE STATE SCHOOL SECTION SUBDIVISION, LOCATED IN S36, T1 S, R5E, M.P.M. PREPARED FOR CITY OF B07EMAN MARCH, 2021 PREPARED BY SAN D E RSO N STEWARTS BOZEMAN, MONTANA EXISTING PROPERTY LINE (TIP) PARCEL 13-2 I TEMPORARY I CONSTRUCTION cf' PERMIT Q (4.224 sq.ft.) PROPOSEDiJ OO NOT DISTURB CONSTRUCTION' PARCEL 13 1 DO NOT DISTURB EXISTING — LIMITS (TYP) PUBLIC USE EXISTING BUILDING BUSINESS SIGN EASEMENT OR CONCRETE PAD BENEATH OPEN (4,926 sq ft) BAY ROOF ........ .......................... .._..... ; a- .,. - _ _= +: = :<- - REMOVE EXISTING vECEranoN W, GRI FIN DR. NOTES: 1. AERIAL IMAGE LOCATIONS ARE R/W LEGEND APPROXIMATE AND MAY NOT BE EXACT. 2.NEW PROJECT IMPROVEMENT LOCATIONS ®EXISTING ROAD R/W ARE PRELIMINARY AND SUBJECT TO CHANGE. PUBLIC USE EASEMENT rI TEMPORARY CONST. PERMIT zs o zs so NORTH SCN.EA'-50' GRIFFIN DR—R/W ACQ PARCEL 13 18092_12_ROW EXHIBITS.DWO 18092.12 3/25/2021 i 2756735 Page 1 of 4 11/01/2021 12:59:11 PM Fee: $32.00 Eric Semerad- Gallatin County, MT MISC i EXH N3 1 T 1 MTE MOWANATIT AND SCROW ORDER#k DOCUMCNT ELECTRONICALLY RECORDED Return to: Sanderson Stewart 106 East Babcock)W Bozeman, MT 59715 p41302s i Project Name:Griffin Dr-R/W Acq. City of Bozeman Engineering Division Project No: 18092,12 �e -"8 Public Works Department Parcel No: 13-1 PUBLIC USE EASEMENT The GRANTOR, Four Ts Limited Partnership, a Montana Limited Partnership, whose address Is 904 Utah Avenue, Butte, MT 69701, for and in consideration of One and No/100-Dollars, and other valuable consideration, in hand paid, conveys and 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 59716, its successors or assignees, a perpetual,full and unrestricted easement and right-of-way in, over, under, along,through,and across the following described real property located In Gallatin County,Montana: Tract 26 of Gordon Mandeville State School Section Subdivision, 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 E-38). Said public use easement is depicted on Exhibit A attached hereto and more particularly described as: Beginning at the Southeast corner of Tract 26 and the easement herein described, being a point on the North right-of-way of West Griffin Drive,said point of beginning;Thence,from said point of beginning, N 89° 17' 16"W, 219.87 feet along the North right-of-way of West Griffin Drive to the East right-of-way of Maus Lane;Thence, N 00°42'43" E, 73.43 feet along the East right-of-way of Maus Lane;Thence,S 40'06' 12"E, 19.89 feet;Thence,S 00°42'39"W, 35.00 feet;Thence, S 89°03'34"E. 63.90 feet;Thence, S 68'52'29" E, 14.49 feet;Thence, S 89°03'34"E, 129.39 feet to the East line of Tract 26; Thence, S 00°42'43"W, 17.55 feet along the East line of Tract 26 to the North right-of-way of West Griffin Drive and the point of beginning,and containing 4,926 sq.ft.,more or less,as shown on Exhibit A. Alt improvements Installed within the easement by GRANTEE are the property of the GRANTEE, removable at Its option. The failure of GRANTEE to exercise any of its rights granted herein shall not be construed as a waiver or abandonment of the right. GRANTEE shall be solely responsible for Installing, I maintaining,repairing, and replacing any project improvements within the public use easement at its own cost. GRANTOR agrees that the GRANTOR will be responsible to maintain new sidewalks/paths adjacent to their property following current City codes (Bozeman Municipal Code: Sec. 34.04,020; Sec. 34.06,020). t f Griffin Dr-R!W Acq. S A N D E RS O N Page 1 of 3 18092.12 S T E WA R T�+J Parce 113-1 i f 1 EXHIBIT I MTE MONTANA TITL ANb,EsCROW f ORDER# p''` " f DOGUMENT ELECTRONICAI-LY RECORDED Return to: Sanderson Stewart 106 East Babcock,6r Bozeman, MT 59715 _ i - - ...._................. _. .. . __ 'I Project Name: Griffin Dr-R/W Acq. City of Bozeman Project No: 18092.12 Engineering Division Public Works Department I Parcel No: 13-1 --; — - — - — ----- l PUBLIC USE EASEMENT The GRANTOR, Four Ts Limited Partnership, a Montana Limited Partnership, whose address is 904 Utah Avenue, Butte, MT 59701, for and in consideration of One and No/100 - Dollars, and other valuable consideration, in hand paid, conveys and 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, a perpetual, full and unrestricted easement and right-of-way in, over, under, along,through, and across the following described real property located in Gallatin County, Montana: Tract 26 of Gordon Mandeville State School Section Subdivision, 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 E-38). Said public use easement is depicted on Exhibit A attached hereto and more particularly described as: Beginning at the Southeast corner of Tract 26 and the easement herein described, being a point on the North right-of-way of West Griffin Drive, said point of beginning; Thence, from said point of beginning, N 89' 17' 16" W, 219.87 feet along the North right-of-way of West Griffin Drive to the East right-of-way of Maus Lane; Thence, N 00' 42' 43" E, 73.43 feet along the East right-of-way of Maus Lane; Thence, S 40' 06' 12" E, 19.89 feet; Thence, S 00' 42'39"W, 35.00 feet; Thence, j S 89- 03' 34" E, 63.90 feet; Thence, S 68' 52' 29" E, 14.49 feet; Thence, S 890 03' 34" E, 129.39 feet to the East line of Tract 26; Thence, S 00' 42' 43" W, 17.55 feet along the East line of Tract 26 to the North right-of-way of West Griffin Drive and the point of beginning, and containing 4,926 sci t., more or less, as shown on Exhibit A. All improvements installed within the easement by GRANTEE are the property of the GRANTEE, removable at its option. The failure of GRANTEE to exercise any of its rights granted herein shall not be construed as a waiver or abandonment of the right. GRANTEE shall be solely responsible for installing, maintaining, repairing, and replacing any project improvements within the public use easement at its own cost. GRANTOR agrees that the GRANTOR will be responsible to maintain new sidewalks/paths adjacent to their property following current City codes (Bozeman Municipal Code: Sec. 34.04.020; Sec. 34.06.020). Griffin Or-R/w Acq. S A N D E R S O N [ Page 1 of 3 18092,12 S T E WA R T Parcel 13-1 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 of the easement; and shall have a free and unrestricted right to access and maintain said facilities as long as the right-of-way of which this easement area is a part, remains a public way. Notwithstanding any provision of this Public Use Easement to the contrary, the public use easement granted herein is for public right-of-way purposes and for purposes incidental thereto. GRANTEE shall not cause or permit the public use easement to be used or improved for purposes inconsistent with said permitted uses. The GRANTEE hereby covenants and agrees to defend and indemnify GRANTOR, its officers, directors, employees, agents, and invitees and save them harmless from any and all damages, injuries, liabilities, losses, costs, or obligations, including, without limitation, reasonable attorneys' fees, on account of, arising out of, or claimed to result from, entry upon or use of the public use easement by i GRANTEE, its officers, agents, employees, or contractors, any third party, or the public, however occurring, other than those caused solely by the willful or negligent acts or omissions of the GRANTOR. GRANTEE shall not cause or permit any liens to attach to GRANTOR's property on account of GRANTEE's exercise of its rights and obligations under this public use easement. f FOUR TS LIMITED PARTNERSHIP, a Montana Limited Partnership i ame: �e iIIe:dilcrn �c ' ACKNOWLEDGMENT OF GRANTOR State of/Ale,���� ) )ss. County ofajUr�.Li �J ) On this "" day of 20,)J, before me, the undersigned, a Notary Public in and for the said State, personail appeared the GRANTOR, z rrrrr, "o M,, the Title of Four Ts Limited Partnership, a Montana Limited Partnership, 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 affixed my official seal this day and year above written. , KRIST'I POLICH Notar Signature Line t Po NOTARY PUBLIC for the � g state of Montana T�/ //e,/( * SEAL * peg dinant Butte,Montana - ?" I l�j CaMmission Expires Notary Printed Name ; OF � March 08,2025 Notary Public for the State of CYI ; it Residing at: d Jj(c, My Commission Expires: C.> I U 120_1 Griffin Dr-R11N Acq, SANDERSON40. Page 2 of 3 18092.12 S T E WA R T Parcel 13-1 s I CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the Cityof Bozeman a Municipal Corporation of the State of Montana � P P , is 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: I CITY OF BOZEMAN B . Je 1hellch My Mtpager ATTEST: By: Mike Maas e`•:�� City Clerk ���;• �0 ib101�'S State of Montana ) )ss. County of Gallatin ) The foregoing instrument was acknowledged before me this ay of , 2041by 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 qnd affixed my official seal this day and year above written. _ - Notary Signature Line HEATHER BIENVENUE «f,; Notary Printed Name ' (Seal),e r t Notary Public for the State of MT -.,r "t m.........:..:_:;::...............F Residing at: Bo zEMAN, MT My Commission Expires: 01 / 26 _/20 2 2 t i Griffin Dr-R!w Acq. SANDERSON Page 3of3 18092.12 f S Y E WA R Y Parcel 13A , p �/ p I EXHIBITT A PUBLIC USE EASEMENT WITHIN r TRACT 26, GORDON MANDEVILLE STATE SCHOOL SECTION SUBDIVISION, LOCATED IN S36, T1 S, R5E, M.P.M. 1 PREPARED FOR CITY OF BOZEMAN MARCH, 2021 PREPARED BY SANDERSON 83 'EVA T I BOZEMAN, MONTANA f. L1 N 89' 17' 16" W, 219.87 FEET L2 N 00' 42' 43" E, 73.43 FEET L3 S 40' 06' 12" E, 19.89 FEET L4 S 00' 42' 39" W, 35.00 FEET L5 S 89° 03' 34" E, 63.90 FEET z L6 S 68` 52' 29" E, 14.49 FEETo J L7 S 89' 03 34" E. 129.39 FEET QL8 S 00' 42' 43" W, 17.55 FEET N ortQQV EXISTING OP PROPERTY LINE 0o PR J (TYP) PARCEL 13-1 PUBLIC USE EASEMENT (4,926 sq.ft.) Jai#;` _ L5 �s L7 .... .. % ; ..... oo_ .r.. 1-11 ...... J ......... .L�_.... W� 77 GRIFFIN DR./ POB ��NTAN� Q MICHAEL DEAN ;)a BERTRAM 18972LS R/W LEGEND EXISTING ROAD R/W AL LAN PUBLIC USE EASEMENT 25 0 25 59 GRIFFIN DR-R/W ACQ AV — PARCEL 13-1 NORTH 18092_12_ROW EXHIBITS.DWG 18092.12 3/25/2021 f 2756736 Page 1 of 5 11/01/2021 12:59:11 PM Fee: $40.00 Eric Semerad- Gallatin County, MT MISC EXHIBIT 2 mTt I MONrANA 1ITLCAND EsdROW ORDER# Docuwwr ELECTRON)CALLy RECOR6tD' Return to: Sanderson Stewart 106 East Babcock,rrf Bozeman, MT 59716 pesflx Project Name:Griffin Dr-RAN Acq. City of Bozeman Project No: 18092.12 5 Engineering Division Public Works Department Parcel No: 13-2 f TEMPORARY CONSTRUCTION PERMIT The GRANTOR, hour Ts Limited Partnership, a Montana Limited Partnership, whose address Is 904 Utah Avenue, Butte, MT 59701,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 26 of Gordon Mandeville State School Section Subdivision, 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 E-38). Said temporary construction permit is depicted on Exhibit A attached hereto and more particularly described as: Beginning at the Southeast corner of the permit herein described,being a point on the East line of said Tract 26,from which point the Southeast corner of said Tract 26 bears S 00°42'43"W. 17.55. feet,said point of beginning;Thence,from said point of beginning, N 89°03'34"W, 129.39 feet along the North right-of-way of West Griffin Drive;Thence,N 68'52'29"W, 14.49 feet along the North right-of-way of West Griffin Drive;Thence,N 89°03'34"W,63.90 feet along the North right-of-way of West Griffin Drive to the East right-of-way of Maus Lane;Thence,N 00°42'39" E,35.00 feet along the East right-of-way of Maus Lane;Thence,S 64'38'01"E,48.36 feet;Thence,S 89°03'34" E, 162.92 feet to the East line of Tract 26;Thence,S 00°42'43"W,20.00 feet along the East line of Tract 26 to the North right-of-way of West Griffin Drive and the point of beginning, and containing 4,224 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 13-2. Said parcel,containing 4,224 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 Griffin Dr-R/W Acq, Project, provided, however, that any such Improvements are to be constructed within the area of the public use easement granted contemporaneously herewith, and not within the above-described area subject to this Temporary Construction Permit.. Griffin Dr-R1WAcq. SANDERSON(r Page lof4 18092.12 S T E WA R T Parcel 13-2 S EXHIBIT 2 MONTANA TITLE ANd ESCROW li ORDER# k j_, :�4 I 1JOCUNENT ELECTRONICALLY REcoRded g Return to: Sanderson Stewart 106 East Babcock 3.1 Bozeman, MT 59715 _ _ __.. ._ If�e4eOz``�r`� Project Name Griffin Dr-R/W Acq. City of Bozeman Project No: 18092,12 Engineering Division j T o 9 88 Public Works Department j Parcel No: 13-2 4 1 F. co. .r1 I • c TEMPORARY CONSTRUCTION PERMIT The GRANTOR, Four Ts Limited Partnership, a Montana Limited Partnership, whose address is 904 Utah Avenue, Butte, MT 59701, 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 26 of Gordon Mandeville State School Section Subdivision, 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 E-38). Said temporary construction permit is depicted on Exhibit A attached hereto and more particularly described as: Beginning at the Southeast corner of the permit herein described, being a point on the East line of said Tract 26,from which point the Southeast corner of said Tract 26 bears S 00' 42'43"W, 17.55 feet, said point of beginning; Thence, from said point of beginning, N 89° 03'34"W, 129.39 feet along the North right-of-way of West Griffin Drive;Thence, N 68'52'29"W, 14.49 feet along the North right-of-way of West Griffin Drive;Thence, N 89' 03' 34"W, 63.90 feet along the North right-of-way of West Griffin Drive to the East right-of-way of Maus Lane; Thence, N 00'42' 39" E, 35.00 feet along the East right-of-way of Maus Lane;Thence, S 640 38'01" E, 48.36 feet; Thence, S 89' 03'34" E, 162.92 feet to the East line of Tract 26; Thence, S 000 42'43"W, 20.00 feet along the East line of Tract 26 to the North right-of-way of West Griffin Drive and the point of beginning, and containing 4,224 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 13-2. Said parcel, containing 4,224 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 Griffin Dr-R/W Acq. Project, provided, however, that any such improvements are to be constructed within the area of the public use easement granted contemporaneously herewith, and not within the above-described area subject to this Temporary Construction Permit.. Y Griffin Dr-R!w Acq. € S A N D E R S O N 40, Page 1 of 4 18092.12 S T E WA R T Parcel 13-2 i a Upon completion of said project for which access is hereby provided, the GRANTEE shall restore the property to a condition equal to or better than existed immediately prior to commencement of work under this Temporary Construction Permit. The GRANTEE hereby covenants and agrees to defend and indemnify GRANTOR, its officers, directors, employees, agents, and invitees and save them harmless from any and all damages, injuries, liabilities, losses, costs, or obligations, including, without limitation, reasonable attorneys' fees, on account of, arising out of, or claimed to result from, entry upon or use of the temporary construction permit by GRANTEE, its officers, agents, employees, or contractors, any third party, or the public, however occurring, other than those caused solely by the willful or negligent acts or omissions of the GRANTOR. When exercising its rights under this Temporary Construction Permit, GRANTEE shall use best efforts to minimize the impacts of its construction and other activities on the remainder of the GRANTEE's property, including GRANTEE's business operations. GRANTEE shall appoint a representative whom GRANTOR may contact by mobile phone and by e-mail and who shall have the authority to promptly address construction activities that may have unreasonable impacts on GRANTEE's business operations. f GRANTEE shall not cause or permit any liens to attach to GRANTOR's property on account of GRANTEE's exercise of its rights and obligations under this Temporary Construction Permit. 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. FOUR TS LIMITED PARTNERSHIP, a Montana Limited Partnership f. Title: ACKNOWLEDGMENT OF GRANTOR State of )ss. County of=. r�_ ? ) On this;�rday of 20,)/, before me, the undersigned a Notary Public in and for the said State, personal) appeared the GRANTOR, 2_12L�kyla s Z 1.r .!Z Zi AJ the 4fr-y 1 h e=ra tiun __ of Four Ts Limited Partnership, a Montana Limited Partnership, 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. S A N D E R S O N Page 2 of 4 18092.12 Griffin2 D2 RNV Acq, S T E WA R T Parcei 13-2 i is i IN WITNESS WHEREOF, i have hereunto set nay hand and affixed my official seal this day and year above written. r Notary Signature Line \yeti Pp�' KRISTI POLICH �r �Q apURGy{(y NOTARY PUBLIC for the y'�t'�� �z bj eh SE/aL State of Montana NotaryPrinted Name mr ea Resld_t( JI�utte,Montana € 9jFDFrw�p My LoInm ssion expires March 08,2025 Notary Public for the State of r a Residing at: � u.l�. ,27 i,/3?r'it��1z..X'L & My Commission Expires: ® i / Cf Y !20 � u i Griffin Dr-R/W Acq. SANDERSON Page 3of4 18092.12 $T EA RT Parcel 13-2 ' l 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 Wihelichger ATTEST: qq '• 'gj'` By: Mike Maas City Clerk State of Montana ) )ss. County of Gallatin ) The foregoing instrument was acknowledged before me this day of , 20 b g g 9 Y Y 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 d affixed my official seal this day and year above written. Notary Signature Line HEATHER BIENVRNIIF. Notary Printed Name (Sp Notary Public�J al) o ary for the State of MT Residing at: -BOZEMAN, MT My Commission Expires: 01 / 26 /20 2 2 Griffin Dr-R!W Acq. S A N D E R S O N 40, Page 4 of 4 18092.12 Mi S T E WA R T Parcel 13-2 I i EXHIBIT A TEMPORARY CONSTRUCTION PERMIT WITHIN , TRACT 26, GORDON MANDEVILLE STATE SCHOOL SECTION SUBDIVISION, LOCATED IN S36, T1S, R5E, M.P.M. PREPARED FOR CITY OF BOZEMAN MARCH, 2021 PREPARED BY SANDERSON STEWAR i BOZEMAN, MONTANA L1 N 89° 03' 34" W, 129.39 FEET L2 N 68° 52' 29" W, 14.49 FEET L3 N 89° 03' 34" W, 63.90 FEET i L4 N 00° 42' 39" E, 35.00 FEET L5 S 64° 38' 01" E, 48.36 FEET L6 S 89° 03' 34" E, 162.92 FEET I Ro J L7 S 00° 42' 43"� W, 20.00 FEET m F EXISTING PARCEL 13-2 PROPERTY LINE TEMPORARY o (T'P) CONSTRUCTION I R5 <s PERMIT (4,224 sq.it.) L6 J Ll POB W. G I IN DR. 71 , R,/W LEGFND ®EXISTING ROAD R/W TEMPORARY CONST. PERMIT 25 0 25 so N09iN scnLE:t•=50' GRIFFIN DR—R/W AC4 PARCEL 13-2 u 18092_12_ROW EXHIBITS.DWG 18092.12 5/12/2021 i l g i ------------- oFozE ! Project Name: Griffin Dr-RAN Acq. x City of Bozeman € Project No: 18092.12 Engineering Division Public Works Department Parcel No: 14 TEMPORARY RIGHT-OF-WAY AGREEMENT This Temporary Right-of-Way Agreement (the "Agreement') has been reached this day of 20zA between Charles Gensemer(hereinafter the"GRANTOR"), the owner of Lot 10 of the Amended Subdivision Plat of McChesney Industrial Park, being a part of that tract recorded in Book 146, page 37, Gallatin County records, located in the NE1/4 of Section 1, Township 2 South, Range 5 East, M.P.M., City of Bozeman, Gallatin County, Montana, and the City of Bozeman, a Municipal Corporation of the State of Montana (hereinafter the "GRANTEE"), for the purchase of a Temporary Construction Permit. The compensation amount to be paid and other considerations to be given in full satisfaction of this Agreement are as follows: Compensation: Parcel 14: Temporary Construction Permit 869 s .ft.* $500 Cost to cure: None N/A *Figure 1 Total (rounded) $500.00 Considerations: 1. In consideration of the payments herein set forth and the specific agreements to be performed by the parties hereto and written in this Agreement, the parties bind themselves to the terms and conditions stated herein. No verbal representations or agreements shall be binding upon either party. GRANTOR certifies that to the best of their knowledge, any known encumbrances on the property are shown on this Agreement. If GRANTOR sells their property prior to the project being constructed and the termination of this Agreement, GRANTOR agrees to provide the purchaser(s) with a copy of this entire Agreement and agree to make the sale of their property subject to all the terms and conditions contained in this Agreement. 2. Taxes and special assessments, if any, delinquent from former years, and taxes and special assessments for the current year, if due and/or payable, shall be paid by the GRANTOR. 3. This Agreement, together with the Temporary Construction Permit for Parcel 14 for the Griffin Dr-R/W Acq. Project ("Permit') which is attached hereto, embodies the whole Agreement between the parties hereto as it pertains to the real estate, and there are no promises, terms, conditions or obligations referring to the subject matter hereof, other than as contained herein or within the Permit. 4. The GRANTOR hereby agrees that the compensation herein provided to be paid includes full compensation for the Permit. 5. This Agreement shall be deemed a contract extending to and binding upon the parties hereto and upon the respective heirs, devisees, executors, administrators, legal representatives, successors and assigns of the parties, only when the same shall have been approved by the City Manager on behalf of the Public Works Department. 6. The Permit shall be effective upon acceptance by GRANTOR and GRANTEE, evidenced by the execution of this Agreement by the GRANTOR and GRANTEE and payment of the compensation amount. The 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 the Permit shall expire and be of no force and effect. Griffin Dr-RAN Acq. S A N D E R S O N Page 1 of 2 18092.12 S T E WA R T`•� Parcel 14 t 7. The GRANTOR and GRANTEE agree that the purpose of the Permit is for 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 this project as depicted on Figure 1 attached hereto and incorporated herein. Of the total amount of compensation hereinabove agreed upon, the sum of $500.00 shall be paid upon execution and delivery of a good and sufficient: ❑ Public Use Easement and ® Temporary Construction Permit. Disbursement of funds will be made in the following manner: GRANTOR Amount of Payment Charles Gensemer $500.00 The GRANTOR certifies that there are no known hazardous materials on the property being utilized as a temporary right-of-way. The terms of this Agreement are understood and assented to by us and payment is to be made in accordance with the above. CHARLES GENSEMER r r, 6"-3 .�� Yam?/ Date: ✓� C / t L' Charles Gensemer CITY OF BOZEMAN Date: 6 ' 10 -0-"j G) B ff elich ` Ci Manager ATTEST: OF (� By: Mike Maas City Clerk q `` f'••,c5' Griffin Dr-R/W Acq. SANDE RSON Page 2of2 18092.12 S T E WA R T Parcel 14 3 I FIGURE 1 RIGHT—OF—WAY ACQUISITION WITHIN LOT 10, AMENDED SUBDIVISION PLAT OF MCCHESNEY IND. PARK, s LOCATED IN S1, T2S, R5E, M.P.M. PREPARED FOR CITY OF BOZEMAN MARCH, 2021 PREPARED BY SANDE SON STEWART+Ir BOZEMAN, MONTANA V. GRIFFIN DR. k � F w sd _ o Ns '.. ' SD r Et <. f j ' PROPOSED f CONSTRUCTION LIMITS (TYP) -51 PARCEL 14 TEMPORARY o/ CONSTRUCTION z i PERMIT o/ (869 SO.FT.) �S I] Lli I. Y W J f .. EXISTING C� e ,A PROPERTY LINE :(TYP) i NOTES: 1. AERIAL IMAGE LOCATIONS ARE R/W LEGEND APPROXIMATE AND MAY NOT BE EXACT. ® EXISTING ROAD R/W 2.NEW PROJECT IMPROVEMENT LOCATIONS ARE PRELIMINARY AND SUBJECT TO TEMPORARY CONST. PERMIT CHANGE. 20 0 20 40 GRIFFIN DR—R/W ACQ NDRTH SCALE:1:40 PARCEL 14 18092_12_ROW EXHIBITS.DWG 18092.12 3/9/2021 i i i Return to: 274776112021 14:41.58 AM Fee $32.00 Sanderson Stewart Eric semeradl - Gallatin Count MT MISC 106 East Babcock«ti 11111111111111111fill1111111111111INIIIIllllIIIIIII111!11111111111111111111111llll Bozeman, MT 59715 i Project Name: Griffin Dr-R/V1/Acq. J City of Bozeman s Project No: 18092.12 « Engineering Division S `•� _ Q° i r�, o Public Works Department Parcel No-. 14 TEMPORARY CONSTRUCTION PERMIT The GRANTOR, Charles Gensemer,whose address is 320 West Griffin Drive, 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 59716, 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 10 of the Amended Subdivision Plat of McChesney Industrial Park, being a part of that tract recorded in Book 146, page 37, Gallatin County records, located in the NE1/4 of Section 1, Township 2 South, Range 5 East, M.P.M., 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 of Gallatin County, Montana.(J-50A) Said temporary construction permit is depicted on Exhibit A attached hereto and more particularly described as: Beginning at the Northwest corner of the permit herein described, being a point on the South right-of-way of West Griffin Drive and the East line of a utility and drainage easement,from which point the Northwest corner of said Lot 10 bears N 89` 54' 23" W, 15.00 feet, said point of beginning;Thence,from said point of beginning, S 89' 54'23" E, 86.87 feet along the South right- of-way of West Griffin Drive; Thence, S 770 11' 27" W, 89.57 feet to the East line of said utility and drainage easement;Thence, N 01'20'35"E,20.00 feet along the East line of said utility and drainage easement to the South right-of-way of West Griffin Drive and the point of beginning,and containing 869 sq.ft., more or less,as shown on Exhibit A; G 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 14. Said parcel, containing 869 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 Griffin Dr-R/W Acq. Project. G S,A1 N D E RS O N I Page 1 of 3180912 $92 DrM!Acg,2-R S T E WA R T .� Parcel 14 2747761 Page 2 of 4 08/25/2021 11:41:58 AM 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 construclion on the property, and ending two(2)years later, at which time this permit shall expire and be of no force and effect. CHARLES GENSEMER Cku2o Charles Gensemer ACKNOWLEDGMENT OF GRANTOR State of )ss. County ofAu" ) kA On this day of 20A, before me, the undersigned, a Notary Public in and for the said State, personally i9ppeared the GRANTOR, Charles Gensemer, 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 affixed my official seal this day and year above written. PAC t� i Notary S' ature Line ,�J c ioy PHYLLIS C JOHN50N QB Notary Public .,koTAWqj ,for the fiat pt Mo 6eEgrade,Montana ntana Notary Printed Name SEAL � g at: Notary Public for the State of�. ��' tvly Cornmis5lon Expires. ResidingOE October 16,2023 at: L My Commission Expires: Griffin Or-RNV accl. SANDERSONIs Page2of3 18092.12 S T E WA R T�� parcel 14 2747761 Page 3 of 4 08/25/2021 11:41:58 AM f 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 WJe elicli y M ager ATTEST: 04 By: Mike Maas _ City Clerk Co. WLO Stale of Montana ) )ss. County of Gallatin ) The foregoing instrument was acknowledged before me this �_day of 20.�by Jeff Mihelich and Mike Maas, known to me to be the City Manager and City Clerk Mr 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 anTyer above written. Notary Signature Line77 'ti7Tt yR, f31~RNADETTE A MASSEY Notary Public Notary Panted Name 1— e:'joTARrAt.',P for ate of Montana ry ) ^ -'- *= Residing at: Notary Public for the State of ( �CLf 7'le'� SEAT.,.-� e,zemaan, Montana My Commission Expires: Residing at: `)'2 " .,,.,, .•,.� May 23,2028 My Commission Expires: S 1 I20- Griffin Dr S A N D E R S O N l Page 3 of 3 18092.12 Acq. STEWART Parcel 34 i u R 2747761 Page 4 of 4 08/25/2021 11.41.58 AM EXHIBIT A TEMPORARY CONSTRUCTION PERMIT WITHIN I LOT 10, AMENDED SUBDIVISION PLAT OF MCCHESNEY IND. PARK, LOCATED IN S1, T2S, R5E, M.P.M. PREPARED FOR CITY OF BOZEMAN MARCH, 2021 PREPARED BY SANDERSONSTEWART1y BOZEMAN, MONTANA i W. GRIFFIN R. POB L1 ..... (15') PARCEL 14 TEMPORARY CONSTRUCTION Zz PERMIT N � I EXISTING (859 SQ.FT.) o a ( + DN AND Q/ DRFIAINAGE Ilz EASEMENT d �00 L� 0 � EXISTING c PROPERTY LINE E I (TYP) I � I L1 S 89' 54' 23" E, 86.87 FEET L2 S 77' 11' 27" W, 89.57 FEET R/W LEGEND L3 N 01` 20' 35" E. 20.00 FEET ®EXISTING ROAD R/W TEMPORARY CONST, PERMIT I 20 0 t0 90 M xM scatEf,ga GRIFFIN DR-R/W ACID PARCEL 14 1609Z_12_RDW EXHIBITS.DWG 18092.12 5/14/2021 ik Project Name: Griffin Dr-R/W Acq. City of Bozeman x Project No: 18092.12 �! Engineering Division Public Works Department Parcel No: 15-1 & 15-2 RIGHT-OF-WAY AGREEMENT This Right-of-Way Agreement (the "Agreement") has been reached this day of �a[V , 20'�I between KT Properties, LLC and Norem Farms, LLC, Montana Limited Compani s (hereinafter the "GRANTORS"), the owners of Lot 25D of the Amended Plat of Gordon Mandeville State School Section Subdivision, 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, and the City of Bozeman, a Municipal Corporation of the State of Montana (hereinafter the "GRANTEE"), for the purchase of said property interest(s). The compensation amount to be paid and other 3 considerations to be given in full satisfaction of this Agreement are as follows: Compensation: Parcel 15-1: Public Use Easement 582 s .ft.* $13,400 Cost to cure: None N/A Parcel 15-2: Temporary Construction Permit 560 s .ft.* $500 Cost to cure: None N/A Administrative Settlement $6,100.00 i "Figure 1 Total (rounded) $20,000.00 Considerations: 1. In consideration of the payments herein set forth and the specific agreements to be performed by the parties hereto and written in this Agreement, the parties bind themselves to the terms and conditions stated herein. No verbal representations or agreements shall be binding upon either party. GRANTORS certifies that any known encumbrances on the property are shown on this Agreement. If GRANTORS sells their remaining property prior to the project being constructed, GRANTORS agrees to provide the purchaser(s) with a copy of this entire Agreement and agree to make the sale of their remaining property subject to all the terms and conditions contained in this Agreement. GRANTORS agrees that they will, at the GRANTEE'S request, execute deeds and/or easements required by for all s real property agreed to be conveyed by this Agreement. 2. Taxes and special assessments, if any, delinquent from former years, and taxes and special ;i assessments for the current year, if due and/or payable, shall be paid by the GRANTORS. 3. This Agreement embodies the whole Agreement between the parties hereto as it pertains to the real estate, and there are no promises, terms, conditions or obligations referring to the subject matter hereof, other than as contained herein. 4. The GRANTORS hereby agrees that the compensation herein provided to be paid includes full compensation for their interest and the interests of their life tenants, remaindermen, reversioners, liens and lessees, and any and all other legal and equitable interest that are or may be outstanding and said GRANTORS agrees to discharge the same. 5. This Agreement shall be deemed a contract extending to and binding upon the parties hereto and upon the respective heirs, devisees, executors, administrators, legal representatives, successors and Griffin Dr-RAN Acq. SANDERSON40, Page Iof2 18092.12 ST E WA RT Wow, Parcel 15-1 &15-2 assigns of the parties, only when the same shall have been approved by the City Manager on behalf of the Public Works Department. 6. The property transfer shall be effective upon acceptance by GRANTORS and GRANTEE, evidenced by the execution of this Agreement by the GRANTORS and GRANTEE and payment of the compensation amount. 7. The GRANTORS and GRANTEE agree that the GRANTEE will record the completed Public Use Easement at the office of the County Clerk and Recorder of Gallatin County, Montana, however, the Temporary Construction Permit will not be recorded. Of the total amount of compensation hereinabove agreed upon, the sum of$20,000.00 shall be paid upon execution and delivery of a good and sufficient: ® Public Use Easement and ® Temporary Construction Permit. Disbursement of funds will be made in the following manner: GRANTORS Amount of Payment KT Properties, LLC and Noreen Farms, LLC $20,000.00 The GRANTORS certifies that there are no known hazardous materials on the property being acquired. The terms of this Agreement are understood and assented to by us and payment is to be made in accordance with the above. KT PROPERTIES, LLC, a Montana Limited Liability Company ;.el_-; Date: I Name: t'er ve,-o N. Title: NOREM FARMS, LLC, a Montana Limited Liability Company Date: 1 Na : Metvlj Alifl I Title: !`A&.- — i CITY OF BOZEMAN Date: �� ` B : Je ihelich II C M ager ATTEST: Ia By: Mike Maas ..... F'�. t City Clerk .. ••' � p' �C9 Griffin Dr-RAIN Acq. S A N D E R S O N 40, Page 2 of 2 18092.12 ST E WA RT® Parcel 15-1 &15-2 1 Y r' r FIGURE 1 RIGHT—OF--WAY ACQUISITION WITHIN LOT 25D, GORDON MANDEVILLE STATE SCHOOL SECTION SUBDIVISION, LOCATED IN S36, T1 S, R5E, M.P.M. PREPARED FOR CITY OF BOZEMAN MARCH, 2021 PREPARED BY SANDERSONSTEWART BOZEMAN, MONTANA EXIsnNc ` ..a .. PROPERTY LINE I5 F (TYP) 3 PARCEL 15 TEMPORARY 1 - !! CONSTRUCTION ! 1 PERMIT (560 SQ.FT.) f PARCEL 15-1 . PUBLIC USE Q: x EASEMENT J f: (582 SQ FT) DO NOT DISTURB EXISTING BUSINESS SIGN TR A I EXISTING PROPOSED VEGETATION] CONSTRUCTION IIMITS (TYP) � ) :a ? 1twL�1 LY .. d :- rW GRIFFIN, DR I NOTES: 1. AERIAL IMAGE LOCATIONS ARE W LEGEND R APPROXIMATE AND MAY NOT BE EXACT. R/ 2.NEW PROJECT IMPROVEMENT LOCATIONS ® EXISTING ROAD R/W ARE PRELIMINARY AND SUBJECT TO CHANGE, __ PUBLIC USE EASEMENT TEMPORARY CONST. PERMIT 1 za a 20 Qa NORTH 5uLE.r'=40 GRIFFIN DR—R/W ACQ PARCEL 15 1B092-12—ROW EXHIBITS.DWG 18092.12 5/14/2021 i i 2747288 Pagel of 5 08/23/2021 10:58:49 AM Fee $40.00 Eric Semerad-Gallatin County, MT MISC M T EC MONTANA TITLE AND ESCROW ORDER#y J-33"010.-- DOCUMENT ELECTRONICALLY RECORDrf) Return to: Sanderson Stewart 106 East Babcock,A-t Bozeman, MT 59715 tlez Project Name: Griffin Dr-R/W Acq. City of Bozeman Project No: 18092.12 ,, _, • Engineering Division Public Works Department Parcel No: 15-1 4r�H ca moo; PUBLIC USE EASEMENT The GRANTORS, KT Properties, LLC, a Montana Limited Liability Company, whose address is 4696 Chaparral Way, Bozeman, MT 59715, and Norem Farms, LLC, a Montana Limited Liability Company, whose address is P.O. Box 1285, Big Timber, MT 59011, for and in consideration of One and No/100 - Dollars, and other valuable consideration, in hand paid, conveys and 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, a perpetual, full and unrestricted easement and right-of-way in, over, under, along, through, and across the following described real property located in Gallatin County, Montana: Lot 25D of the Amended Plat of Gordon Mandeville State School Section Subdivision, 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 E-38-B) Said public use easement is depicted on Exhibit A attached hereto and more particularly described as: Beginning at the Southeast corner of Lot 25D and the easement herein described,being a point on the North right-of-way of West Griffin Drive and the West right-of-way of Lea Avenue,said point of beginning;Thence, from said point of beginning, N 89'53'56"W, 94.96 feet along the North right- of-way of West Griffin Drive to the West line of Lot 2513;Thence, N 00°42'43" E, 6.82 feet along the West line of Lot 25D; Thence, S 89' 03' 34" E, 94.96 feet to the West right-of-way of Lea Avenue;Thence,S 00°45' 18"W,5.43 feet along the West right-of-way of Lea Avenue to the North right-of-way of West Griffin Drive and the point of beginning, and containing 582 sq.ft., more or less, as shown on Exhibit A. All improvements installed within the easement by GRANTEE are the property of the GRANTEE, removable at its option. The failure of GRANTEE to exercise any of its rights granted herein shall not be construed as a waiver or abandonment of the right. GRANTORS hereby covenants with GRANTEE that GRANTORS has good title to the above-described tract of land and covenants that GRANTEE shall have quiet and peaceable possession of the easement; and shall have a free and unrestricted right to access and maintain said facilities as long as the right-of- way of which this easement area is a part, remains a public way. S A N D E R S O N l Page 1 of 4 1809212Rrmr Acq. STEWART�+► . Parcel151 t i i MTE MONTANA TITLE ANr)E:scROw ORDER#j'A-30F3A DOCUMENT ELECTRONICALLY RECORDED i t i i Return to: Sanderson Stewart 106 East Babcock,t-1 Bozeman, MT 59715 6� gOZ Project Name: Griffin Dr-R/WAcq. City of Bozeman Project No: 1809Z 12 • ,� ;,, * Engineering Division Public Works Department Parcel No: 15-1 or CID,nor PUBLIC USE EASEMENT The GRANTORS, KT Properties, LLC, a Montana Limited Liability Company, whose address is 4695 Chaparral Way, Bozeman, MT 59715, and Norem Farms, LLC, a Montana Limited Liability Company, whose address is P.O. Box 1285, Big Timber, MT 59011, for and in consideration of One and No/100 - Dollars, and other valuable consideration, in hand paid, conveys and 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, a perpetual, full and unrestricted easement and right-of-way in, over, under, along, through, and across the following described real property located in Gallatin County, Montana: Lot 25D of the Amended Plat of Gordon Mandeville State School Section Subdivision, Gallatin i County, Montana, according to the official plat thereof on fife and of record in the office of the I County Clerk and Recorder of Gallatin County, Montana. (Plat E-38-B) Said public use easement is depicted on Exhibit A attached hereto and more particularly described as: Beginning at the Southeast corner of Lot 25D and the easement herein described, being a point on the North right-of-way of West Griffin Drive and the West right-of-way of Lea Avenue, said point of beginning; Thence, from said point of beginning, N 89' 53'56"W, 94.96 feet along the North right- of-way of West Griffin Drive to the West line of Lot 25D; Thence, N 000 42' 43" E, 6.82 feet along the West line of Lot 25D; Thence, S 890 03' 34" E, 94.96 feet to the West right-of-way of Lea Avenue;Thence, S 00'45' 18"W, 5.43 feet along the West right-of-way of Lea Avenue to the North right-of-way of West Griffin Drive and the point of beginning, and containing 582 sq.ft., more or less, as shown on Exhibit A. I All improvements installed within the easement by GRANTEE are the property of the GRANTEE, removable at its option. The failure of GRANTEE to exercise any of its rights granted herein shall not be construed as a waiver or abandonment of the right. l GRANTORS hereby covenants with GRANTEE that GRANTORS has good title to the above-described tract of land and covenants that GRANTEE shall have quiet and peaceable possession of the easement; and shall have a free and unrestricted right to access and maintain said facilities as long as the right-of- way of which this easement area is a part, remains a public way. E Griffin Dr-R/W Acq. S A N DE R S O N Page 1 of 4 18092.12 S T E WA R T�/ Parcel 15-1 l The GRANTEE hereby covenants and agrees to defend and indemnify GRANTORS, its officers, directors, employees,agents, and invitees and save them harmless from any and all liability, loss, costs or obligations, j including, without limitation, reasonable attorneys' fees, on account of, or arising out of, any such injury or loss caused or claimed to be caused by the exercise of this easement or use of this easement, however occurring, other than those caused solely by the willful or negligent acts or omissions of the GRANTORS. i i. KT PROPERTIES, LLC, a Montana Limited Liability Company Date: ~ 1G ,/ Name. hra✓d'_:#fE �'✓e �C}a'CC�e { i Title: ACKNOWLEDGMENT OF GRANTORS State of )ss. County of On this 16Lh day of 3vK,i 20z_t, before me, the undersigned, a Notary Public in and for the said State, personally appeared the GRANTORS, k4,,e,0 lUpame i�,Ia �kj the �^�1G►°'+ 111� of KT PROPERTIES, LLC, a Montana Limited Liability Company, 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 GRANTORS, with full authority to do so and with full knowledge of its contents, for the uses and purposes therein mentioned. 1N WITNESS WHEREOF, I have hereunto set my hand and affi dry off cial seal tb day and year above written. �. ot4y Gq ANTHONY GADDO Notary Signature .....,._ aine __ Notary Public ',A0 144 o=_for the State of Montana Notary/PrindName (Seale slding at:BBozeman MontanaP Notary Public for the , My Commission Expires: January 30,2023 Residing at: My Commission Epires: / /20 i f Griffin Dr-R!W Acq. SANDERSON Page 2of4 18092.12 S T E WA R T', Parcel 15-1 t NOREM FARMS, LLC, a Montana Limited Liability Company Date: —7 } & ' Title: r/L�r�ra,w(a ACKNOWLEDGMENT OF GRANTORS State of Gt' r`emuia ) ) ss. County of /4: 1 1 ) On this 10'3day of, TIC 20-Z( before me, the undersigned, a Notary Public in and for the said State, personally appeared the GRANTORS, kt4_q,,„Jwame the . of NOREM FARMS, LLC, a Montana Limited Tiability Company, 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 GRANTORS, 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 affixed r official se dad!and year abo� written. X , s otary Sign ine p"riv,q ANTHONY GAt]OO Qoa-. /.� N taryPubl►c. . Notary Pr' ted Name '4orARj4 :o=for(1P Cte of Mont*na * Ro�ding at: Notary Public for the tate of .SEAL 4; Bozeman,Montana My commissiohExpires, Residing at: January 30,2023 My Commission xpires: / /20 f Griffin Dr-RNV Acq. SANDERSON Page3of4 18092.12 S T E WA R T`® Parcel 15-1 , 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: li CITY OF BOZEMAN i W6 J ihelich y anager rl ATTEST: � .••• .... ' By: Mike Maas City Clerk f � == •'�� State of Montana ) ) ss. County of Gallatin ) The foregoing instrument was acknowledged before me this day o 20 by Jeff Mihelich and Mike Maas, known to me to be the City Manager and City Cle k f 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 a fixed my official seal this day and year above written. 4U4UN0_t2rV­Srgnature Line �r �Se�j �a y €,�,;,� Notary Prilad Name fc it€w u"tate of Montana r= Notary Public for the St f � .,�a E"AiL.'�' Bozema r,. Montana 4r, Residing at: C'. My on'in-ission Expires: CF*h0 t a Jan r,r 26, 2022 _ My Commission E plres: / /20 Griffin Dr-RNV Acq. SANDERSON Page 4of4 18092.12 S T E WA R T / Parcel 15-1 x f ti R T x EXH t I ■ A PUBLIC USE EASEMENT WITHIN LOT 25D, GORDON MANDEVILLE STATE SCHOOL SECTION SUBDIVISION, LOCATED IN S36, T1S, R5E, M.P.M. PREPARED FOR CITY OF BOZEMAN MARCH, 2021 PREPARED BY SANDERSON STEWART BOZEMAN, MONTANA EXISTING I I PROPERTY LINE (TYP) I I I EXISTING I I UTILITY EASEMENT I z TRACT 28 Li a o GORDON MANDEVILLE STATE I J m SCHOOL SECTION SUBDIVISION Q Q I Sao ZF PARCEL 15----1 I I � PUBLIC USE 0 I I z-, EASEMENT 0 0 ca (582 SQ.FT) m I I I I I I L3 I —N: d - . J 711711 /P� W. /RI/f/DR X , L1 N 89° 53' 56" W, 94.96 FEET L2 N 00' 42' 43" E, 6.82 FEET L3 S 89' 03' 34" E, 94.96 FEET MICHAEL DEAN L4 S 00` 45' 18" W, 5.43 FEET BERTRAM o 18972LS �`/CENSER G)J� RJW LEGEND �//lL LANQ ® EXISTING ROAD RJW Z PUBLIC USE EASEMENT �V� 20 o 20 qo GRIFFIN DR-R/W ACQ NORTH SCALE:1"=10' PARCEL 15-1 18092_12_ROW EXHIBITS.DWG 18092.12 5/14/2021 Return to: Sanderson Stewart 106 East Babcock, LI Bozeman, MT 59715 80 Project Name: Griffin Dr-R/W Acq. r° City of Bozeman Project No: 18092.12 * Engineering Division Public Works Department Parcel No: 15-2 7T�N CO. TEMPORARY CONSTRUCTION PERMIT The GRANTORS, KT Properties, LLC, a Montana Limited Liability Company, whose address is 4695 Chaparral Way, Bozeman, MT 59715, and Norem Farms, LLC, a Montana Limited Liability Company, whose address is P.O. Box 1285, Big Timber, MT 59011, 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 25D of the Amended Plat of Gordon Mandeville State School Section Subdivision, 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 E-38-B) Said temporary construction permit is depicted on Exhibit A attached hereto and more particularly described as: Beginning at the Southeast corner of the permit herein described, being a point on the West right- of-way of Lea Avenue, from which point the Southeast corner of Lot 25D bears S 00' 45' 18" W, 5.41 feet, said point of beginning; Thence, from said point of beginning, N 89' 03' 34" W, 94.96 feet to the West line of Lot 25D; Thence, N 00' 42' 43" E, 5.00 feet along the West line of Lot 25D; Thence, S 89' 03' 34" E, 89.91 feet; Thence, N 00' 56' 26" E, 17.00 feet; Thence, S 89' 03' 34" E, 5.00 feet to the West right-of-way of Lea Avenue; Thence, S 00' 45' 18" W, 22.00 feet along the West right-of-way of Lea Avenue the point of beginning, and containing 560 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 15-2. Said parcel, containing 560 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 Griffin Dr-R/W Acq. Project. Griffin Dr-R/W Acq. S A N D E R S O N lft, Page 1 of 4 18092.12 S T E WA R T Parcel 15-2 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 GRANTORS harmless from any and all liability that may result or arise from the exercise of the rights granted hereby. GRANTORS hereby covenants with GRANTEE that GRANTORS 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. KT PROPERTIES, LLC, a Montana Limited Liability Company Date: 7- Name: . ToveS 41 Title: h. ACKNOWLEDGMENT OF GRANTORS State of M,>A tAyi t ) )ss. County of On this /(b�day of ut , 20 K1 before me, the undersi ned, a Notary Public in anq fpr the said State, personally appeared the GRANTORS, { c,��n narueij. 7a Sc1-r the of KT PROPERTIES, LLC, a Montana Limited Liability Company, 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 GRANTORS, 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 y official s a is day a d year above written. ANTHONY GADDO ry ignature �. ONY Gq ,. •••••.00% Notary Public pTAR�q O;for the State of Montana N _ <. _ Notary Prin d Name F(�dl1 .g at; .SEAL.��;= Bozeman, Montana Notary Public for the S to of My commission Expires: FMO ,,.,• January 30,2023 Residing at: My Commission xpires: / /20 Griffin Dr-RM Acq. S A N D E R S O N (0, Page 2 of 4 18092.12 S T E WA R T Parcel 15-2 NOREM FARMS, LLC, a Montana Limited Liability Company c / Date: 2 ( (P CG�Z Name: AuAv c. N ye.► Title: 044b..40" *W ACKNOWLEDGMENT OF GRANTORS State of kuotkawi ) ss. County of C'AA, ) Y On this r"day of ��y 207-I, before me, the undersigned, Notary Public in and for the said State, pers nally appeared the GRANTORS, MA,,,�ban,e/IJo✓Q Ly1 the ►�1�tG�^-U,A/ of NOREM FARMS, LLC, a Montana Limited Liability Company, 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 GRANTORS, 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 affixed y official eal this day a year above written. Notary Signature ine 4y ANTHO7ing a'�`t`0NY Q�100% Nota NOTAR/,4' .o;for thg to Notary Printed Name 1- SEAL ' Bozema Notary Public for the State of P` My commission Expires: OF, M° O January 30,9023 Residing at: hl'lll' 1'` My Commission Expires: / /20 Griffin Dr-R/W Acq. S A N D E R S O N Page 3 of 4 18092.12 S T E WA R T Parcel 15-2 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 W.: Je ihelich M nager a , ATTEST: I'6 S By: Mike Maas City Clerk co Nt Q�� State of Montana ) ) ss. County of Gallatin ) The foregoing instrument was acknowledged before me this day of 20V by Jeff Mihelich and Mike Maas, known to me to be the City Manager and City Clerk f r 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 a d affixed my official seal this day and year above written. 611"Ll 91/11911& Notary i nature Line " HEATHER BIENVENUE ��P BiEy` Notary Public TARI.4 for t*§Ipte of Montana Notary Printed Name Redding at: .SEAL.�Qz Bozeman, Montana Notary Public for t State of Y P<' My Commission Expires: January 2s,2022 Residing at: My Commission xpires: / /20 S A N D E R S O N (0, Page 4 of 4 18 Griffin 2 Dr2-R/W Acq. S T E WA R T�O Parcel 15-2 EXHIBIT A TEMPORARY CONSTRUCTION PERMIT WITHIN LOT 25D, GORDON MANDEVILLE STATE SCHOOL SECTION SUBDIVISION, LOCATED IN S36, T1 S, R5E, M.P.M. PREPARED FOR CITY OF BOZEMAN MARCH, 2021 PREPARED BY SANDERSON STEWART A BOZEMAN, MONTANA I EXISTING PROPERTY LINE (TV) EXISTING UTILITY EASEMENT I zo TRACT 26 LLI c~no GORDON MANDEVILLE STATE I I w m SCHOOL SECTION SUBDIVISION Q N moo W I fw J I Ld ZJ 00 �0 N PARCEL 15-2 0 TEMPORARY CONSTRUCTION PERMIT L5 (560 SQ.FT.) L3 J N. W. GRIFFIN DR, L1 N 89` 03' 34" W, 94.96 FEET L2 N 00° 42' 43" E, 5.00 FEET L3 S 89° 03' 34" E, 89.91 FEET R/W LEGEND L4 N 00" 56' 26" E, 17.00 FEET ® EXISTING ROAD R/W 15 S 89` 03' 34" E, 5.00 FEET TEMPORARY CONST. PERMIT L6 S 00` 45' 18" W, 22.00 FEET GRIFFIN DR—R/W ACQ za a za 40 PARCEL 15-2 NORTH SCALei°=ao' 18092_12_ROW EXHIBITS.DWG 18092.12 5/14/2021 P. W ~ ( ' Project Name,Griffin i.).r-RM Acq• !1 City of t3oean I� Project No; 18092.12 !: Engineering Division Public Works Department Parcel No. 17-1 &17-2 � �S ,�ldtfy9•Ekii' i! li RIGHTROFRWAY AGREEMENT This Right-of-Way, Agreement (tire "Agreement") has been reached this ' day of ,2M- , between Marilyn R.Collins,(hereinafter the"GRANTOR"),the owner of Lot 25C of/the Amended Plat of Gordon Mandeville State School Section Subdivision, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Glerk and Recorder of Gallatin County, Montana,and the City of Bozeman,a Municipal corporation of the State of Montana (hereinafter the"GRANTEE"), for the purchase of said property interest(s). The compensation amount to be paid and other considerations to be given In full satisfaction of this Agreement are as follows; Qpmaansation. Parcel 17-1.P�blio Ilse Easement �94� .fk.* $9At�1 t est to cure: — - -- - - . $1 160 - .... Subtotal rounded 16 2d9 _. _.__ _.- -- - - ------ - ........_ Parcol 17 2:Te ore Conatr 4-06n Per t 1 dla s ft* bpA Cost to cure;None *Roure 1 Total(rounded) $10 750-a0 Cos a at a s; 1. In consideration of the payments herein set forth and the speclflc agreements to be performed by the parties hereto and written in this Agreement, the parties bind themselves to the terms and conditions stated herein. No verbal representations or agreements shall be binding upon either party. GRANTOR certifies that any known encumbrances on the property are shown on this Agreement. If GRANTOR sells their remaining property prior to the project being constructed, GRANTOR agrees to provide the purohas+or(s) with a copy of tf la entire Agreement and agroo to make the sale of their remaining property subject to all the terms and conditions contained in this Agreement. GRANTOR agroes that they will, at the GRANTRE'S request, execute deeds and/or easements required by for all real property agreed to be conveyed by this Agreement. 2. Taxes and special assessments, If any, delinquent from former years, and taxes and special assossments for the current year,if doe and/or payable, shall be paid by the GRANTOR. 3. This Agreement embodies the whole Agreement between the parties hereto as It pertains to the real estate, and there are no promises, terms, conditions or obligations referring to the subject matter hereof,other than as contained herein. 4. The GRANTOR hereby agrees that the compensation herein provided to be paid Includes full compensation fd'r their Interest and the interests of their life tenants, romaindermen, reversloners, liens and lessees, and any and all other legal and equitable Interest that are or may be outstanding and said GRANTOR agrees to discharge the same. b. This Agreement shall be doomed a contract extending to and binding upon the parties hereto and upon the respective heirs,devisees, executors, administrators, legal representatives,succossors and A A Oriffn Pr-R!W Haq. 4 POO, 1 Pt 2 1,6092,12 ST r WA R T Norm'17-1 17-2 t\ a assigns of the parties, only when the same shall have been approved by the City Manager on behalf of the Public Works Department. H. The property transfer shall be effective upon acceptance by GRANTOR and GRANTEE, evidenced by the execution of this Agreement by the GRANTOR and ORVANTEE and payment of the oompensation amount. Of the total amount of+compensation hereinabove agreed upon,the sum of$ 0 5 •oo shell be paid upon axeGution and delivery of a good and suffialont Public Use Easement and N Temporary Construction Permit. Disbursement of funds will be made in the following manner: GRANTOR Amount of Payment Marilyn R.Collins $10,700.00 The GRANTOR certifies that there are no known hazardous materials on the property being acquired. The terms of this Agreement are understood and assented to by us and payment Is to be made in accordance with the above. a MARILYN R.COLLINS 0 Rate: arilv�RCo�4 ��� CITY OF BOZEMAN r Date S. .�. Ihelich ty anager ��.. •.,P ATTEST; 1883 f Date: - ?�� C�• c5 By: Mike Maas - City Clerk s. Grlfn Pr-RIW Aeq. SAN 8 DERSON19 Ragm2or2 18092.12 T P W A R T ftrml 17-1&17-2 4' A' FIGURE 1 RIGHT-OF-WAY ACQUISITION WITHIN LOT 25C, GORDON MANDEVILLE STATE SCHOOL SECTION SUBDIVISION, LOCATED IN S36, T1 S, R5E, M.P.M. PREPARED FOR CITY OF BOZEMAN MARCH, 2021 PREPARED BY SANDERSON STEWART wlo_ BOZEMAN, MONTANA EXISTING PROPERTY LINE PARCEL 17-2 TEMPORARY I CONSTRUCTION PERMIT (1,459 sq,ft.) i I Q I v Lw 'PARCEL 17-1 [ PUBLIC USE 4leI I EASEMENT (394 sq.ft.) PROPOSED CONSTRUCTION LIMITS (TYP} " ''REMOVE f s I EXISTING r VEGETATION I � I V » > r' ;W GRIFFIN. DR NOTES: 1. AERIAL IMAGE LOCATIONS ARE R/W LEGEND APPROXIMATE AND MAY NOT BE EXACT. 2. NEW PROJECT IMPROVEMENT LOCATIONS ® EXISTING ROAD R/W ARE PRELIMINARY AND SUBJECT TO CHANGE. - ;, PUBLIC USE EASEMENT TEMPORARY CONST. PERMIT 20 0 20 40 NOBSN = GRIFFIN DR—R/W ACO SCALEA a0 PARCEL 17 18092 12_ROW EXHIBITS.DWG 18092.12 5/14/2021 � I ii 2758498 Pagel of 4 11/16/2021 09:48:33AM Fee: $32.00 Eric Semerad-Gallatin County, MT MISC MTE MONTANA*r(TUCAND F13CROW 0RoEli O•U '�f]Fftl F DOCUMENT ELECTRONICW-Y RECORDED 1 Return to: Sanderson Stewart 100 East Babcock it-t Bozeman,MT 60716 Project Name:Griffin Or-R/W A6q. Il e e :a City of Bozeman � Project No! 18092.12 I x i Engineering Division ze Public Works Department Parcel No;17-1 li is�v,N ell,�j -.....__._...,....... -.,,..........-.,............�,.,.....,......,.._-��._..e...�..__a.......,_._T e:�.�.,::�,����a�.�-e..--�.,r PUBLIC USE EASEMENT The GRANTOR,Marilyn R. Collins,whose address is 1609 Bridge►Drive,Bgzomon, MT 69715,for and In ognsideration of One and Noll 00 - Dollars, and other valuable consideration, In hand paid, conveys I and grants to the GRANTEE,the City of Soxaman,a Municipal Corporation of the State of Montane,with offices at 121 North house Avenue, Bozeman Montana 59715. Ho successors or asslgneos,a perpetual, fall and unrestricted eesemont and right-of-way In, over, under, along, through, end across the following described real property located In Gallatin County, Montane: Lot 260 of the Amended Plat of Gordon Mandeville State School Section Subdivision, Gallatin County, Montano, according to the official plot thereof on file and of record In the office of the County Clork and Recorder of Gallatin County,Montano. (Plot E-30-13) Said public use oasoment is depicted on Exhibit A attached horoto and more particularly described as; , Beginning at the Southwest corner of Lot 260 and the onooment herein described, being a point on the North right-of-way of Wort Griffin Drive end the Bast right-of-way of Lea Avenue,said point of beginning,Thence,from said point of beginning, N 000 46, 1 V E,4.84 feet along the East right- ot way of Lou Avenue;Th®nge.S 099 03'34"E.04•03 feet to the Eaot line of Lot 260;Thonre,S 009 42'43"W, 3.45 foot along the East line of Lot 260 to the North right-of-way of West Griffin Drive; Thence, N OW 63' 60" W, 04.94 feet along the North right-of-way of West Griffin Drive to the East right-of-way of Lea Avenue and the point of beginning,and containing 394 sq.€t., more or loss,as shown on Exhibit A. All Improvements installed within the easement by GRANTEE are the property of the GRANTEE, removable at its option- The failure of GRANTEE to oxorsiso any of its rights granted herein shall not be construed as a waiver or abondonmont of the right. GRANTOR hereby covenants with GRANTEE that GRANTOR has goad title to the abovo-described tract of land Land covenants that GRANTEE sholi have quiet And poaoeable possession of the easement; and shall have a free and unrestricted right to aoco as and maintain said facilities as long as the right-of-way of which this easement area Is a part, remains a public way. is OfUfn oar-ti1W Ate. SANDER5ON n@s@t of 3 16092-12 `"S T IF W A 2 T I aml 17-1 i MONTANA TITIX AMC)EficROw ORDER#�. ----- DOCUMkENT ELECTRONICALLY RECORDED Return to: Sanderson Stewart 100 East Babcock ILI Bozeman,MT 59715 Project Name: Griffin ar-iIVV Acq.V€ City of Bozeman a t#' , Engineering Division Project No: 18092.12I Public Worke Department Parcel No: 17-1 N .f4 i cy. - r -.s !I I } PUBLIC USE EQSEMEN The GRANTOR, Marilyn R. Couine, whose address is 1600 Bridger Drive, Bozeman, MT 00716,for and In consideration of One and No1100 - Dollars, and other valuable consideration, In hand paid, conveys and 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 08718, its successors or assignees, a perpetual, full and unrestricted easement and right-of-way In,over, under, along, through, and across the following described real property located in Gallatin County, Montana: Lot 26C of the Amended plat of Gordon Mandeville State School Section Subdivision, 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 E-38-8) Said public use easement is depleted on Exhibit A attached hereto and more particularly described as: Beginning at the Southwest comer of Lot 20C and the easement herein described, being a point on the North right-of-way of West Griffin Drive and the East right-of-way of i-ee Avenue,said point of beginning;Thence,from said point of beginning, N 00"40118" E,4.84 foot along the East right- of-way of Leo Avenue; Thence, S 00103'34" E,04.03 feet to the East line of Lot 200;Thence,S 009 42'43" W, 3.46 feet along the East line of Lot 280 to the North right-of-way of West Griffin Drive; Thence, N 800 63'80"W, 04.04 foot along the North right-of-way of Wool griffin Drive to the East right-of-way of-Lea Avenue and the point of beginning,and containing $84 sq.ft•,more or less,as shown on Exhibit A. All improvements Installed within the easement by GRANTEE are the property of the GRANTEE, removable at Ito option. The failure of GRANTEE to exercise any of Its rights granted herein shall not be construed as a waiver or abandonment of the right. GRANTOR hereby covenants with GRANTi=E that GRANTOR has good title to the above-described tract of land and covenants that GRANTEE shall have quiet and peaceable possession of the easement; and shall have a free and unrestricted right to access and maintain said facilities as long as the right-of-way of which this easement area Is a part,remains a public way. Griffin Pr-RNV Aaq• SANDERSONJS Rap 1 Pf s 18092.12 ST P WA R`C Pawl 17-1 i i The GRANTER hereby covenants and agrees to defend and Indemnify GRANTOR, Its officers,dlroctors, employees, agente, and Invitees and save them harmless from any and all liability, loss, casts or obligations, Including, without limitation, reasonable attorneys' fees, on account of, or arising out of, any such Injury or loss caused or claimed to be caused by the exercise of this easement or use of this easement, however occurring, other than those paused solely by the willful or negligent acts or omissions of the GRANTOR. MARILYN R.COLLIN$ Vlyn R. ns ACKNOWLEDGMENT OF GRANTOR State of M0VXfCLwa. ) )ss. county of Gallup'i h ) On this 3vA day of o + , 2M, before me, the undersigned,a Notary Public in and for the sold State, personally eppd red the GRANTOR, Marilyn R. Collins, known to me to be the Identical Individual who executed the foregoing Instrument, who acknowledged to me that the Individual executed the some as the free and voluntary Pot :of said GRANTOR, with full authority to do so and with Bull knowledge of Its contents,for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year above written. . Notary Signature tine EN UY ©avoe(s (6e€11) Nota Printed Name -Notary Public for the State of AAnv►+Qy% .^ Residing at; 13o:zGvvi4" mT DAN��.! EMILY DANIELS My O:ommIr,5IQn Expires: 06 / 2 3 /2v2-k -V AR! �' NOTARY PUBLIC for the � l: State of Montana SEAL :, Residing at Bozeman,Montana '�'•, �� My Commission Expires 9rFp�'µpN�� June 23,2025 Griffin fir-RM/Aeq. SANpE R50N Page 2of3 18092.1: T F W A,R T Powl 17-1 CERTIFICATE OF ACCEPTANCE THIS 13 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 dark for the City of Bozeman,hereby accepts for public purposes, the real proporty, or interest therein, described In this Instrument and consents to the recordation thereof, CITY OF BOZEMAN S Je ihellch M . ger ATTEST, �. •:% By,Mike Maas City Clerk �•y g ............ Mate of Montana ) )55. County of Gallatin ) The foregoing instrument was aoknowledged before me this f day of 20 by Jeff Mlholloh 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 eubscribed 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 an affixed my official seal this day and year above written. I )!?Vj LJ�00 Notary$Ignature Line l�5• �(E. E {4f = c }: Notary Printed Name UAL . ._ _. ....t � Notary Public for the Mate of M t Residing at, My Commission Expires. I 12 SANDERSA Page 3of3 1Ia0212rrwA��. `f'F WA 0 T Parcel 17-1 i EXHIBIT A PUBLIC USE EASEMENT 'NITHiN LOT 25C, GORDON MANDEVILLE STATE SCHOOL SECTION SUBDIVISION, LOCATED IN S36, T1 S, R5E, M.P.M. PREPARED FOR CITY OF BOZEMAN MARCH, 2021 PREPARED BY SANDERSONSTEWARTI BOZEMAN, MONTANA I EXISTING I I PROPERTY LINE 1 (TYP) EXISTING UTWTY I EASEMENT �z a z ¢n j Q I 04 I. j00 > ©o W ¢z0 �ZP J � 0 ��} I o �� I A= 0 00 f( 0� 0U I I N F PARCEL 17-1 � PUBLIC USE f EASEMENT I(394 sq.ft.) I 1 I ` L2 POB /�/ / GRIFFIN I� R // L1 N 00" 45' 18" E, 4.84 FEET �CNTANg L2 S 89' 03' 34" E, 94.93 FEET L3 S 00° 42' 43" W, 3.45 FEET MICHAEL DEAN L4 N 89' 53' 56" W, 94.94 FEET x BERTRAM o 18972LS €/W LEGEND C ®EXISTING ROAD R/W EN/ S� �, PUBLIC USE EASEMENT � I n a zo 4a GRIFFIN DR—R/W ACO PARCEL 17-1 NORTH SCALEV 4W 1 B092-12—ROW EXHIBITS.DWG 18092.12 5/14/2021 L 2758499 Page 1 of 4 11/16/2021 09:48:33 AM Fee: $32.00 Eric Semerad-Gallatin County, MT MISC M T E ► ONTANA rrrLE AND ESCROW ORDER$6 1 t DOCUMENT ELECTRONICALLY RECORDED Return to, Sanderson Stewart i 100 East Babcock.0 t Bozeman,MT 6071 b _ __ Project Name;Griffin @f Rf4Y Act .. , City of Bozeman Engineering Division F Project No: 1t3002.1 i a publia Werkai Dopartmont 1, Parcel No: 17-2 19MFORARY ONTRUCTION P ERMIT Thu GRANTOR, Marilyn R.Collins,whp§o uddress is 1609 Bddoor®rive, BoMman, MT 60716,for and In consideration of One and No/100- Dollars, and other valuable conaldprotion, in hand paid, 9ranto to the GRANTEE, the City of Boxaman, a Munlcisa l CorMetlOn Of the 810tu of Montuna, with Offices at 121 North Rouse Avenue, Bozeman Montana 69716, its succossora or oneigneos, an unrostrleted Temporary Construction Permit In, over, under, along, through, and across tho following described real property locotod in Gallatin County,MWO110, Lot 215C of the Amended Plot of Gordon Mandeville State School Section Subdivislon, Gallatin County, Montana, according to the official plat thereof an file and of record In the offioo of the County Clerk and Recorder of Gallatin County, Montana:(Plat E-08-B) Sold tomporary 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 Lea Avenue,from which point the Southeast corner of Let 26C boaro B 000 6a'56"W,4.04 foot,Bald point of beginning;Thonee,from sold point of boginning,N 00"49' 18"E,22•00 foot along the Bast right-of=way of icon Avenuo,,Thenso,S 0011 03'34"E,5.00 feet,Thongs,S 00160'26"W, 7.00 feet;Thence,S 89103'34"t=,89.04 foot to the East line F�of Lot 26C,Thence,S 00"42'45"W, 16.00 feet along the Bast line oft of 260;Thence,N 899 0313411 W,94.93 feet to the Bast right-of=way of Loa Avenue and the point of beginning,and containing 1,469 sn.ft.,more or less,as shown on Exhibit A; delineated as to sold tract of fund on the exhibit attached hereto and mode a part hereof as Exhibit A of this Instrument and designated as Parcel 17-2. Sold parpel,containing 1,460 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, trait and/or electric, telephone or tsluoommunicotions, ®as, water, Dower, drainage, or other utility transmission or distribution fooliities as necessary for the Griffin Or-R[W Aaq. Project. Upon completion of sold project for which access Is hereby provided, the GRANTEE shall rector® the property Bs nearly as possible to its original condillon- Thu GRANTEE agrees to hold GRANTOR hormteas from any and all liability that may result or arise from the exerolse of the rights granted hereby. ariffn Dr-PJW Aeq• SANDERSON Pap I@f9 10902•12 9 T P WA0 T pars®,19-2 i "s MON'TANATITLE ANo EscROW ORDER#' A tC DOCUMENT ELECTRONICALLY RECORDED i Return to; Sanderson Stewart 195 East Babcock.9-1 Bozeman, MT 69715 _ _..... .--.. ..�.,... ProJect Name;Griffin Dr-R/W Acq. City of Bozeman ProJact No; 18092.12 , Engineering division Public Works Department Parcel No: 17-2 �f1M 99!h i TEMPORARY CONSIRUCTION PERMIT The GRANTOR, Marilyn R. Colline,whose address is 1599 Bridgor Drive, Bozeman, MT 50715,for and In consideration of One and No/100 - Dollam, and other valuable consideration, In hand paid, grants to the GRANTEE, the City of Bozeman, a Municipal Corporation of the State of Montane, with offices at 121 North Rouse Avenue, Bozomon Montana 58715, Its successors or assigneop, an unrestricted ; Temporary Construction Permit In, over, render, along, through, and across the following described real I property located in Gallatin County, Montana: Lot 25D of the Amended Plat of Gordon Mandeville State School $eotion Subdivision, 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 Q4unty, Montrinw(Plat E-38-I3) Said temporary construction permit is depicted on Exhibit A attached horoto and more particularly do-scribed as: Beginning at the Southwest corner of the permit heroin described, being a point on the East right-of= way of Loa Avenue,from which point the Southeast corner of Lot 25D bears S 89"53'S8"W, 4.84 feet,sold point of beginning,Thence,from said point of beginning, N 99°45' 18"I , 22.98 feet along the East right-of-woy of Loa Avenue;Thence, S 59e 95'3411 E, 5.00 foot;Thonoe, S 00" 55'25"W, 7.00 feet;Thence, S 89"0313411 E, 85.94 feet to the East line of Lot 26C;Thence, S 00"42'43"W, 15.00 feet along the East line of Lot 250;Thence, N 89"03'34"W,54.53 foot to the East right-of-way of Lea Avenue and the point of beginning,and containing 1,459 sq.ft.,more or less, as shown on Exhibit A: delineated as to sold tract of land on the exhibit attached hereto and made a part hereof as Exhibit A of this Instrument and designated as Parcel 17-2. Said parcel,containing 1,455 square feet, more or leas, Is hereby temporarily provided to the GRANTEE, for the purpose of constructing and/or Improving a public f street, highway, walkway, trail and/or electric, telephone or telecommunications, gas, water, sower, drainage, or other utility transmission or distribution facilities as nooesoary for the Griffin Dr-iR/W Acq. 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 harmloss from any and all liability that may result or arise from the exercise of the rights granted hereby. griffin Or-R(W A q. SAN,DERSO_N is gQ of 10092.12 AT I✓WA R T parml 17-2 i GRANTOR hereby covenants with ORANTEE that GRANTOR has good title to the above-described tract of land and covenants that GRANTEE shall have quiet and peaceable possession thereof and t.se thereof during the period of this Temporary Construction Permit. This Temporary Permit Is in effect for a period beginning the lot day of canstrcotlon on the property,and ending two(2)years later, at which time this permit shall expire and be of no force and affoot. MARILYN R.COLLINS Morllyn R.WHO ACKNOWLE GMENT OF GRANTOR $late of M0AtOW0, ) County of to V1 )so. On this 3IL&day of U uSf 2021, boforo me, the undersigned, a Notary Public in and for the said State, personalty app red the GRANTOR, Marilyn R. Collins, known to me to be the Identical Individual who executed the foregoing instrument, who acknowledged to me that the individual executed the some 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 affixed my official seal this day and year above written. Notary Signature Une ;t DQKteAs 0eal) Nota Printed Nome Notary Public for the State of. mo y ict! of EMILYDANIELS Residing at: afy-1e,VIA A,vt ��psARrgt!!' NOTARY PUBLIC for the My Commission Expires; No /�/2Q2 t SEAL .* State of Montana Residing at Bozeman,Montana f1F tION My CoJ ne 23l n ExpIres r i 25 I Griffin Pr-RM/Aq, SANDERSON19 Pap 2of3 18092.1 5 T p W p Bern®'17-2 [1 CERTIFICATE OF ACCEPTANCE THIS 18 TO CERTIFY that the City of Nozeman, a Municipal Corporation of the ante of Montana, GRANTU- herein,acting by and through its City Manager and City Clerk for the City of 13ozeman, hereby a000pts for public purposes, the real property, or Interest therein, described in this instrument and consent@ to the recordation thereof. CITY OF BOZEMAN . .4 de Ihel;oh - - ATTEST; i-� _ By; Mike Maas ��;� = _':'�• City Clerk I %.'ss f . 14 Mate of Montana County of Gallatin ) The forcgcind Instrument was acknowledged before me this day of , ?t by .f eff Mlhellch and Mike Maas, known to me to be the City Manager and City Clerk for the City of 130zeman and the person@ whose names are subscribed to this Instrument, and acknowledged to me that they executed the same for and on bohnlf of the City of Bozeman. IN WITN)"SS WHEREOF, I have hereunto set my hand anj affixed my official seal this day and yeor above written J, "U - , Notary Signature Lino Notary Printed Name r :^ Notary Public for the Mate of Rmiding at. —My Commission =.Expires., / is �i Gift Dr--RIW flsq. SA N D R Q M P0�0 3 or 3 1lBA92.12 EXHIBIT A TEMPORARY CONSTRUCTION PERMIT WITHIN M LOT 25C, GORDON MANDEVILLE STATE SCHOOL SECTION SUBDIVISION, LOCATED IN S36, T1 S, R5E, M.P.M. PREPARED FOR CITY OF BOZEMAN MARCH, 2021 PREPARED BY SANDERSON STEWART BOZEMAN, MONTANA I EXISTING PROPERTY LINE I (TYP) EXISTING UTILITY EASEMENTwo i a + Li + �Q 0O � ' JO QJm I Q I F�� 'N5: 000 a¢� I I ��0 ILLI z In I O PARCEL 17-20 0J i I a0 0= o TEMPORARY CONSTRUCTION PERMIT (1,459 sq.ft.) L2 1 I L4 P OB 4.84')/ (3.45) W. GRIFFIN DR. L1 N 00" 45' 18" E, 22.00 FEET i L2 S 89' 03' 34" E, 5.00 FFET L3 S 00' 56' 26" W, 7.00 FEET R/W LEGEND L4 S 89" 03' 34" E, 89.94 FF T ® EXISTING ROAD R/W L5 S 00' 42' 43" W, 15.00 FEET TEMPORARY CONST. PERMIT L6 N 89` 03' 34" W, 94.93 FEET GRIFFIN DR—R/W AC4 za 0 20 40 PARCEL 17-2 NORTH sCALET'=40' 18092_12_ROW EXHIRITS.DWG 18092.12 5/14/2021 v f�oFsozE � City of Bozeman Project Name: Griffin Dr-R/W Acq. � G1 Engineering Division Project No: 18092.12 << �a Public Works Department Parcel No: 19-1 & 19-2 �rN C�µ,� RIGHT-OF-WAY AGREEMENT This Right-of-Way Agreement (the "Agreement") has been reached this 3 day of :3 - 20?� between Pacific Hide and Fur Depot, a Montana Corporation (hereinafter the "GRANTOR"), the owner of Tract 24 of Gordon Mandeville State School Section Subdivision, 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, and the City of Bozeman, a Municipal Corporation of the State of Montana (hereinafter the "GRANTEE"), for the purchase of said property interest(s). The compensation amount to be paid and other considerations to be given in full satisfaction of this C Agreement are as follows: Compensation: Parcel 19-1: Public Use Easement 3,715 s .ft.* $32,010 Cost to cure: Remove 2 trees $4,350 Subtotal $36,400 Parcel 19-2:Temporary Construction Permit 5,324 s .ft.* $500 Cost to cure: None N/A •Figure 1 Total (rounded) 1 $36,900.00 Considerations: 1. In consideration of the payments herein set forth and the specific agreements to be performed by the parties hereto and written in this Agreement, the parties bind themselves to the terms and conditions stated herein. No verbal representations or agreements shall be binding upon either party. GRANTOR certifies that any known encumbrances on the property are shown on this Agreement. If GRANTOR sells their remaining property prior to the project being constructed, GRANTOR agrees to provide the purchaser(s) with a copy of this entire Agreement and agree to make the sale of their remaining property subject to all the terms and conditions contained in this Agreement. GRANTOR agrees that they will, at the GRANTEE'S request, execute deeds and/or easements required by for all real property agreed to be conveyed by this Agreement. 2. Taxes and special assessments, if any, delinquent from former years, and taxes and special assessments for the current year, if due and/or payable, shall be paid by the GRANTOR, 3. This Agreement embodies the whole Agreement between the parties hereto as it pertains to the real estate, and there are no promises, terms, conditions or obligations referring to the subject matter hereof, other than as contained herein. 4. The GRANTOR hereby agrees that the compensation herein provided to be paid includes full compensation for their interest and the interests of their life tenants, remaindermen, reversioners, liens and lessees, and any and all other legal and equitable interest that are or may be outstanding and said GRANTOR agrees to discharge the same. 5. This Agreement shall be deemed a contract extending to and binding upon the parties hereto and upon the respective heirs, devisees, executors, administrators, legal representatives, successors and Griffin Dr-R!W Acq. S A N D E R S O N Page 1 of 2 18092.12 S T E WA R T 04 Parcel 19-1 &19-2 f assigns of the parties, only when the same shall have been approved by the City Manager on behalf of the Public Works Department. 6. The property transfer shall be effective upon acceptance by GRANTOR and GRANTEE, evidenced by the execution of this Agreement by the GRANTOR and GRANTEE and payment of the compensation amount. 7. The GRANTOR and GRANTEE agree that the existing drive approach to Parcel 19 will be replaced in the same location and at the same size as the existing drive approach, which is fifty feet and six inches(50'-6") in width. Of the total amount of compensation hereinabove agreed upon, the sum of$36,900.00 shall be paid upon execution and delivery of a good and sufficient: ® Public Use Easement and ® Temporary Construction Permit. Disbursement of funds will be made in the following manner: GRANTOR Amount of Payment Pacific Hide and Fur Depot $36,900.00 The GRANTOR certifies that there are no known hazardous materials on the property being acquired. The terms of this Agreement are understood and assented to by us and payment is to be made in accordance with the above. PACIFIC HIDE AND FUR DEPOT & LDate: . - . Name: Title: Date: ' 3 Na, e: Tit e: CITY OF BOZEMAN Date: q115Z2e2j By ff elich Ci Ma ager ATTEST: Attlt" d� etc' Date: ,�162 t By: Mike Maas . .. City Clerk eta• PAD Griffin Dr-RfW Acq. SANDERSON40, Page 2 of 2 18092.12 S T E WA R T Parcel 19-1 &19-2 I FIGURE 1 RIGHT--OF-WAY ACQUISITION WITHIN TRACT 24, GORDON MANDEVILLE STATE SCHOOL SECTION I SUBDIVISION (E-38), LOCATED IN S36, T1 S, R5E, M.P.M. PREPARED FOR CITY OF BOZEMAN MARCH, 2021 PREPARED BY S N DE RSON STEWART I BOZEMAN, MONTANA 1 f EXISTING PROPERTY LINE (TYP) :: .. PARCEL 19-2 TEMPORARY CONSTRUCTION 1 PERMIT (5,324 SQ.FT) PARCEL 19 1 PUBLIC USE oo NOT DlsvuRe EASEMENT EXISTING BUSINESS SIGN E(3,715 SQ.FL) :PROPOSED l l ;CONSTRUCTION I ,LIMITS (TYP) REMOVE 2 EXISTING r TREES ;! nt3 MR a. '`!i�' �S! �'3�k•"` 2!v a�' .�fi!�!t .a-`!v� t� i H �,'�!`!= ,�:. �^+c- �!Y 3.� ti• `:i0��±;�'��!!"�i�2� �i�i�!�"�4�+2�!!�l�+iS ��� �`2. � i ` t !� ���:; - , ,.. ,:.,.., _ r_._. .._.._ - - -..-- •ar, s aaaa� ,�sa w+,his-. .�2! .�,.�? -- . :W. GRIP IN DR NOTES: t 1. AERIAL IMAGE LOCATIONS ARE RLW_LEGEND APPROXIMATE AND MAY NOT BE EXACT. 2.NEW PROJECT IMPROVEMENT LOCATIONS ®EXISTING ROAD R/W ARE PRELIMINARY AND SUBJECT TO CHANGE. # PUBLIC USE EASEMENT TEMPORARY CONST. PERMIT 2s o 2s so NORTH swe:i•=so' GRIFFIN OR—R W ACQ PARCEL 19 18092_12_ROW EXHIBITS.DWG 18092.12 5/17/2021 2751785 Page 1 of 5 09123/2021 02:17:38 PM Fee: $40.00 Eric Semerad-Gallatin County, MT MISC M `T' MONTANA TITLE:AND ESCROW ORIDER#M-3MQ _ DOCUMENT ELECTRONICALLY RECORDED Return to: Sanderson Stewart 106 East Babcock Bozeman, MT 59715 l �noz Project Name: Griffin Dr-R/W Acq. City of Bozeman Project No: 18092.12 Engineering Division Public Works Department Parcel No: 19-1 yrfN c PUBLIC USE EASEMENT The GRANTOR, Pacific Elide and Fur Depot, a Montana Corporation, whose address is 5 River Drive South, Great Fails, MT 59405, for and in consideration of One and Noll 00 - Dollars, and other valuable consideration, in hand paid, conveys and 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, a perpetual, full and unrestricted easement and right-of-way in, over, under, along,through, and across the following described real property located in Gallatin County, Montana: Tract 24 of Gordon Mandeville State School Section Subdivision, 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 E-38) Said public use easement is depicted on Exhibit A attached hereto and more particularly described as: Beginning at the Southeast corner of Tract 24 and the easement herein described, being a point on the North right-of-way of West Griffin Drive and the East Line of Tract 24, said point of beginning; Thence, from said point of beginning, N 89" 17' 16" W, 229.70 feet along the North right-of-way of West Griffin Drive to the West line of Tract 24; Thence, N 00'42'43"E. 16.63 feet along the West line of Tract 24: Thence, S 89' 03' 34" E, 229.59 feet to the East line of Tract 24; Thence, S 00' 17' 50" W, 15.72 feet along the East line of Tract 24 to the North right-of-way of West Griffin.Drive and the point of beginning, and containing 3,715 sq.ft., more or less, as shown on Exhibit A; All improvements installed within the easement by GRANTEE are the property of the GRANTEE, removable at its option. The failure of GRANTEE to exercise any of its rights granted herein shall not be construed as a waiver or abandonment of the right. 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 of the easement; and shall have a free and unrestricted right to access and maintain said facilities as long as the right-of-way of which this easement area is a part, remains a public way. Griffin OWIW Acq. S A N D E R S O N Page 1 of 4 18092,12 S T E WA R T�� Parcel 19.1 I MONTANA TITLR AND ESCROW ORDER# •3M t: DOCUMENT ELECTRONICALLY RECORDED I Return to: Sanderson Stewart 106 East Babcock Bozeman MT 59715 sfro��`Y� i Project Name: Griffin Dr-RN1/Acq. City of Bozeman lj E Project No: 18092.12 y. <r Engineering Division i Public Works Department I Parcel No: 19-1 `�r�N coypu°?r PUBLIC USE EASEMENT The GRANTOR, Pacific Hide and Fur Depot, a Montana Corporation, whose address is 5 River Drive South, Great Falls, MT 59405, for and in consideration of One and No/100 - Dollars, and other valuable consideration, in hand paid, conveys and 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, a perpetual, full and unrestricted easement and right-of-way in, over, under, along, through, and across the following described real property located in Gallatin County, Montana: Tract 24 of Gordon Mandeville State School Section Subdivision, 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 E-38) Said public use easement is depicted on Exhibit A attached hereto and more particularly described as: Beginning at the Southeast corner of Tract 24 and the easement herein described, being a point on the North right-of-way of West Griffin Drive and the East Line of Tract 24, said point of beginning; Thence, from said point of beginning, N 890 17' 16" W, 229.70 feet along the North right-of-way of West Griffin Drive to the West line of Tract 24; Thence, N 00°42'43" E, 16.63 feet along the West line of Tract 24; Thence, S 89' 03' 34" E, 229.59 feet to the East line of Tract 24; Thence, S 00' 17' 50" W, 15.72 feet along the East line of Tract 24 to the North right-of-way of West Griffin Drive and the point of beginning, and containing 3,715 sq.ft., more or less, as shown on Exhibit A; All improvements installed within the easement by GRANTEE are the property of the GRANTEE, removable at its option. The failure of GRANTEE to exercise any of its rights granted herein shall not be construed as a waiver or abandonment of the right. 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 of the easement; and shall have a free and unrestricted right to access and maintain said facilities as long as the right-of-way of which this easement area is a part, remains a public way. ' Griffin Dr-RANAcq. S A N D E R S O N 4ilftk Page 1 of 4 18092.12 S T E WA R T Parcel 19-1 t l The GRANTEE hereby covenants and agrees to defend and indemnify GRANTOR, its officers, directors, employees, agents, and invitees and save them harmless from any and all liability, loss, costs or i obligations, including, without limitation, reasonable attorneys' fees, on account of, or arising out of, any such injury or loss caused or claimed to be caused by the exercise of this easement or use of this easement, however occurring, other than those caused solely by the willful or negligent acts or omissions of the GRANTOR. PACIFIC HIDE AND FUR DEPOT, a Montana Corporation Name: Lfc: _. Title: ; , b j re-,t ttv FJ I ACKNOWLEDGMENT OF GRANTOR c. State of )ss. County of _ ) On this�day of 20 , before me, the pnder 'fined, a Notary Public in and for the saijd State persona fly appeared the GRANTOR, an,E the n. of Pacific Hide and 150bir E5epot, a Montana Corporation, 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 affixed my official seal this day and year above written. �! Notary gnature Line mtca MAMIE CARTER .....:9re NOTARY PUBLIC for the ��Otak ; 9ta of Montana Notary Printed-Na e * SEAL :* esiding at .�.. ......__._ �r••. .•�P�� Great Falls,Montana Notary Public fo :i' e State of FxAe-,� . F00; 0 My Commission Expires March 03,2025 Residing at ., . " My Commission Expires: 4 Griffin S A N D E R S O N Page 2 of 4 18092.12��Acq. S T E WA R T Parcel 19-1 f h Name'. Ly - Title: ACKNOWLEDGMENT OF GRANTOR State of /i / —) ss. County of L l On this . day of 202J before me, the ndersigned, otary Public in and for the aid State, erson appeared the GRANTOR, r the of Pacific Hide an Fur beldot, a Montana Corporation, kno n to me to be the id tical 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 affixed my offici [-seal this day and year above written. MAMIE CARTER Notary nature Line Seca ry otA to of Montana No�a Prin-ed- F9 NOTARY PUBLIC for �'yd (.P�17`It!'. C rx ,E^ R' Set �,-Na esidin at SEAL;Q 9 Nota PubliA�r6 d' State o � " r Great Falls, Montana rY FOFMQ My Commission Expires _ March 03,2025 Residing a : My Commission Ex`pirx` J /20 Griffin Dr-R/W Acq. SANDERSON40, Page 3 of 4 18092,12 S T E WA R T W Parcel 19-1 t 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 r , S Je f helich y M Hager :4-�,, . ATTEST: By: Mike Maas City Clerk State of Montana ) )ss. County of Gallatin ) d" The foregoing instrument was acknowledged before me this day of e+ 2a by Jeff Mihelich and Mike Maas, known to me to be the City Manager and City Clerk tor 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 a d affixed my official seal this day and year above written. Notary Signature Line -..,. L /, , t f +r.n+=_ Notary PrYteofName Notary Public for the St ..'sir 0: Residing at: My Commission Expir s: / /20 Griffin Dr-RAN Acq. SANE RSON ift Page 4of4 18092.12 00 S T E WA R T 1400W Parcel 19-1 EXHIBIT PUBLIC USE EASEMENT WITHIN TRACT 24, GORDON MANDEVILLE STATE SCHOOL SECTION SUBDIVISION (E-38), LOCATED IN S36, T1 S, R5E, M.P.M. PREPARED FOR CITY OF BOZEMAN MARCH, 2021 PREPARED BY SANDE START BOZEMAN, MONTANA m N U Q EXISTING PROPERTY LINE I� (TYP) III L1 N 89' 17' 16" W, 229.70 FEET �N L2 N 00- 42' 43" E, 16.63 FEET ��Z Om L3 S 89' 03' 34" E, 229.59 FEET 0 z L4 S 00' 17' 50" W, 15.72 FEET I da ,00 aaU wo PARCEL 19-1 PUBLIC USE EASEMENT (3,715 SQ.FT.) i - - - - —. L3 — .._.�__.,� .... —.— �....—_—...—_. --- ._..._._......................_-..__....................- ,. .._:-._....__.._.._._..............._...__.._._..................__......................._... ___................._._........................_..__......_..............� y_ —..._... -.................._..__........................._._........................_........__........_.... ...... __:___:::_:::-:::::__::::, .:. .:::::___.,...........:............___ —!;..-:: _. _.. .............................._.............--------....._----....-:-..:....._._ POB �pNTAN� MICHAEL DEAN ;a BERTRAM CJ R/W LEGEND 0 18972LS �(1 ®EXISTING ROAD R/W `/,- Nr 1� C7 PUBLIC USE EASEMENT C LAB GRIFFIN DR—R/W ACQ 25 o 25 so PARCEL 19-1 r` NORTH SCALE:1•=sa 18092_12_ROW EXHIBITS.DWG 18092.12 5/17/2021 _j` 2751786 Page 1 of 5 09/23/2021 02:17:38 PM Fee $40.00 Eric Semerad- Gallatin County, MT MISC MAAA I T E MONTANA'1lTlC AND ESCROW ORDER#d 121 i DOcuMENT ELECTRONICALLY RECORDED i Return to: Sanderson Stewart 106 East Babcock Bozeman, MT 59715 ooze ! Project Name: Griffin Dr-FZ/W Acq. City of Bozeman Engineering Division I Project No: 18092.12 Public Works Department Parcel No: 19-2 ,ql TEMPORARY CONSTRUCTION PERMIT The GRANTOR, Pacific Hide and Fur Depot, a Montana Corporation, whose address is 5 River Drive South, Great Falls, MT 59405, 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 24 of Gordon Mandeville State School Section Subdivision, 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 E-38) Said temporary construction permit is depicted on Exhibit A attached hereto and more particularly described as: Beginning at the Southeast corner of the permit herein described, being a point on the the East line of Tract 24, from which point the Southeast corner of Tract 24 bears S 00' 17' 60"W, 15.72 feet, said point of beginning; Thence, from said point of beginning, N 89'03' 34" W, 229.59 feet to the West line of Tract 24; Thence, N 00'42'43" E, 15.00 feet along the West line of Tract 24; Thence,S 89°03'34" E, 154.09 feet; Thence, N 00' 56' 26"E, 25.00 feet; Thence, S 89°03'34" E, 75,11 feet to the East line of Tract 24; Thence, S 00' 17' 50"W,40.00 feet along the East line of Tract 24 to the point of beginning, and containing 6,324 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 19-2. Said parcel, containing 5,324 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 Griffin Dr-R/W Acq. 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. Griffin Dr-RMAcq. SAN DE RSON Page 1 of4 18a09.12 STEWART ••- MONTANA TITLE AND ESCROW ORDER# -308%'i DOCUMENT ELECTRONICALLY RECORDED Return to: Sanderson Stewart 106 East Babcock Bozeman, MT 59715 soge Project Name: Griffin Dr-R/W Acq. (� City y of Bozeman Engineering Division Project No: 18092.12 Public Works Department Parcel No: 19-2 Y2 N au Mo�I� TEMPORARY CONSTRUCTION PERMIT The GRANTOR, Pacific Elide and Fur Depot, a Montana Corporation, whose address is 5 River Drive South, Great Falls, MT 59405, 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: I Tract 24 of Gordon Mandeville State School Section Subdivision, 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 E-38) Said temporary construction permit is depicted on Exhibit A attached hereto and more particularly described as: Beginning at the Southeast corner of the permit herein described, being a point on the the East line of Tract 24, from which point the Southeast corner of Tract 24 bears S 00' 17' 50" W, 15.72 feet, said point of beginning; Thence, from said point of beginning, N 890 03' 34" W, 229.59 feet to the West line of Tract 24; Thence, N 00*42' 43" E, 15.00 feet along the West line of Tract 24; Thence, S 89° 03' 34" E, 154.09 feet; Thence, N 000 56' 26" E, 25.00 feet; Thence, S 890 03' 34" E, 75,11 feet to the East line of Tract 24; Thence, S 00' 17' 50"W, 40.00 feet along the East line of Tract 24 to the point of beginning, and containing 5,324 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 19-2. Said parcel, containing 5,324 square feet, more or less, is hereby temporarily provided to the GRANTEE, for the purpose of constructing and/or improving a public F 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 Griffin Dr-R/W Acq. 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. Griffin Dr-RAN Acq. I S A N D E R S O N 40, Page 1 of 4 18092.12 S T E WA R T Parcel 19-2 r. 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. II PACIFIC HIDE AND FUR DEPOT, a Montana Corporation I. Name: Title: °`, ��xfJ 4'�ff'�js1 ACKNOWLEDGMENT OF GRANTOR f State of _I- G') j . ) ss. County o �� ) On this�.� day of ite 2QZ,, before me, the u d rs' ned, a Notary Public in and for the C State, peroo all, ppeared the GRANTOR, �a the Cep° ,. � of Pacific Hide and F $ pot, a Montana Corporation, 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. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year above written. Notary Signature Line Seca MAMIE CARTER7Fe �'••• .. NOTARY PUBLIC for the °. 9 Notary Printed-Narp • $�4)of Montana *•;SEgL ;,r Residing at Notary Public r e Sta�f �� Great Falls, Montana ✓" M Residing at: . oFMc�;- y Commission Expires g ,. ���-- March 03, 2025 My Commission Ex /20, Griffin Dr-RA4NAcq. SANDERSON Page 2of4 18092.12 S T E WA R T C Parcel 19-2 f l 1 P r' Name: Title: : f. ACKNOWLEDGMENT OF GRANTOR State of r L ss. Countye On this day of 2t before me, tb ndersigned, ctary Public in and for the d State, pers I a,peared the GRANTOR, 4 - the f. 4 -A of Pacific Hide an ur De ot, a Montana Corporation, 160-WA to me to be the identical i ividual who executed the foregoing instrument, who acknowledged to me that the individual executed the same as the free and voluntary act of said GRANTOR, with full authority to do so and with full knowledge of its contents, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year above written. T Notary Signature Line MAMIE CARTER 4—' ��aECAgr� NOTARY PUBLIC for the �.•" • ' . N tary Prin ed Na i"p��; {&@p of Montana _, _._... esiding at Notary Public f �e State •'a'r Great Falls, Montana Fo;�o MY Commission Expires Residing at 2_ March 03, 2025 My Commission Expire , e f 120 Griffin Dr-R/W Acq. SANDER$®N Page3of4 18092.12 S T E WA R T C - Parcel 19-2 k 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 Wltt�'j- g elich er �-z.- ATTEST: •�� ,•�6i By: Mike Maas City Clerk oo. PAo� State of Montana ) ss. County of Gallatin ) The foregoing instrument was acknowledged before me th!sVday of 20 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 a d affixed my official seal this day and year above written. I 1(� Notary Signature tore Line ' a Si n Notary Prin d Name Notary Public for the St a of Residing at: My Commission EX/res., / /20 Griffin Dr-R/W Acq. SAN DE RSON ift, Page 4of4 18992.12 S T E WA R T'454Parcel 19-2 4 I EXH I BIT A TEMPORARY CONSTRUCTION PERMIT WITHIN TRACT 24, GORDON MANDEVILLE STATE SCHOOL SECTION SUBDIVISION (E-38), LOCATED IN S36, T1 S, R5E, M.P.M. PREPARED FOR CITY OF BOZEMAN MARCH, 2021 PREPARED BY SANDERSON STEART Is BOZEMAN, MONTANA I. L1 N 89' 03' 34" W, 229.59 FEET to L2 N 00' 42' 43" E, 15.00 FEET Q L3 S 89' 03' 34" E, 154.09 FEET L4 N 00' 56' 26" E, 25.00 FEET L5 S 89' 03' 34" E, 75.11 FEET L6 S 00' 17' 50" W, 40.00 FEET w to ON o EXISTING I r a d PROPERTY LINE a u z g (TYP) F= D ww NSA O� ,06 ¢a[> PARCEL 19-2 TEMPOR!L3 Y wo CONSTRION PERMIT (5,324 SO.FT L5 J I—j N J POB (15.72'r� W. GRIF IN DR. i R/W LEGEND ®EXISTING ROAD R/W I ® TEMPORARY CONST. PERMIT � �� zs o 25 so GRIFFIN DR—R W ACQ NONTN scaLei^=so' / PARCEL 19-2 18092_12_ROW EXHIBITS.DWG 18092.12 5/17/2021 rr o4 noz > � I Project Name: Griffin Dr-R/W Acq. r, 4 3 i City of Bozeman Engineering Division ; Project No: 18092.12 ng n���grr ge o�``js Public Works Department Parcel No: 24-1 &24-2 RIGHT-OF-WAY AGREEMENT This Right-of-Way Agreement (the "Agreement") has been reached this tT4 day of 20.?j-, between Mergenthaler Family LLC, a Montana Limited Liability Company (hereinafter the "GRANTOR"), the owner of Lot 2A of Amended Plat of Lot 2, Minor Subdivision No. 154 (Minor Sub. 15413), situated in the SW1/4 of Section 31, Township 1 South, Range 6 East, P.M.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, and the City of Bozeman, a Municipal Corporation of the State of Montana (hereinafter the "GRANTEE"), for the purchase of said property Interest(s). The compensation amount to be paid and other considerations to be given in full satisfaction of this Agreement are as follows: Compensation: Parcel 24-1: Public Use Easement 868 sq.ft.* $6,200 Cost to cure: None NIA Parcel 24-2: Temporary Construction Permit 4,905 sq.ft.* $500 Cost to cure: Remove 1 Tree $500 *Figure 1 Total (rounded) $7,200.00 Considerations: 1. In consideration of the payments herein set forth and the specific agreements to be performed by the parties hereto and written in this Agreement, the parties bind themselves to the terms and conditions stated herein. No verbal' representations or agreements shall be binding upon either party. GRANTOR certifies that any known encumbrances on the property are shown on this Agreement. If GRANTOR sells their remaining property prior to the project being constructed, GRANTOR agrees to provide the purchaser(s) with a copy of this entire Agreement and agree to make the sale of their remaining property subject to all the terms and conditions contained in this Agreement. GRANTOR ,agrees that they will, at the GRANTEE'S request, execute deeds and/or easements required by for all real property agreed to be conveyed by this Agreement. a 2. Taxes and special assessments, if any, delinquent from former years, and taxes and special assessments for the current year, if due and/or payable, shall be paid by the GRANTOR. 3. This Agreement embodies the whole Agreement between the parties hereto as it pertains to the real estate, and there are no promises, terms, conditions or obligations referring to the subject matter hereof, other than as contained herein. 4. The GRANTOR hereby agrees that the compensation herein provided to be paid includes full compensation for their interest and the interests of their life tenants, remaindermen, reversioners, liens and lessees, and any and all other legal and equitable interest that are or may be outstanding and said GRANTOR agrees to discharge the same. 5. This Agreement shall be deemed a contract extending to and binding upon the parties hereto and upon the respective heirs, devisees, executors, administrators, legal representatives, successors and Griffin Dr-R/W Acq. SANDERSONi& Page of 18092.12 5 T E WA R T Parcel 24-1 a 24-2 assigns of the parties, only when the same shall have been approved by the City Manager on behalf of the Public Works Department. 6. The property transfer shall be effective upon acceptance by GRANTOR and GRANTEE, evidenced by the execution of this Agreement by the GRANTOR and GRANTEE and payment of the compensation amount. Of the total amount of compensation hereinabove agreed upon, the sum of$7.200.00 shall be paid upon execution and delivery of a good and sufficient: ® Public Use Easement and ® Temporary Construction Permit. Disbursement of funds will be made in the following manner: GRANTOR Amount of Payment Mergenthaler Family LLC $7,200.00 The GRANTOR certifies that there are no known hazardous materials on the property being acquired, The terms of this Agreement are understood and assented to by us and payment is to be made in pccgrdance with the above. MERGENTHALER FAMILY LLC 1 Date: Name: _ Title: � �L 1{lI /�✓ 3 9ITX OF BO?EMAN Date: ! X'Vanager ihelich $®p ATTEST: ti i Date: ` c ! Py: Mike Maas City Clerk Griffin Dr-R/W Acq. SANDE RSON 40, Page 2of2 18092.12 S T F WA R Parcel 24-1 &24-2 Y a FIGURE 1 RIGHT—OF—WAY ACQUISITION I WITHIN LOT 2A, MINOR SUB 154B, LOCATED IN S31, T1 S, R6E, M.P.M. PREPARED FOR CITY OF BOZEMAN MARCH, 2021 PREPARED BY SANDERSON STEWARTMP BOZEMAN, MONTANA uM S 4 e x i M I EXISTING ' PROPERTY LINE PROPOSED I '���. l 1# CONSTRUCTION] LIMITS (TYP) r az PARCEL 24-2 o ;TEMPORARY .� CONSTRUCTION a . h:a P E R M I T Y I \ (4.905 S4.FT.) f ;DO NOT DISTURB { _ EXISTING VEGETATION REMOVE � x EXISTING PARCEL. 24 1 TREE Q `aa PUBLIC USE I EASEMENTISTURe a22, v (1368 SQ FT) BUISINESS , � I a,a n.- I _ GR FrlN DR. . ". NOTES: 1. AERIAL IMAGE LOCATIONS ARE IZ/W LEGEND APPROXIMATE AND MAY NOT BE EXACT. 2.NEW PROJECT IMPROVEMENT LOCATIONS ® EXISTING ROAD R/W ARE PRELIMINARY AND SUBJECT TO CHANGE. PUBLIC USE EASEMENT `"mz.,.'_ I TEMPORARY CONST, PERMIT 3U 0 30 _0 NO HTN scn�:i:w GRIFFIN DR--R/W ACQ PARCEL 24 18092_12_ROW EXHIBITS.DWG 18092.12 5/18/2021 2751833 s Page 1 of 4 09/23/2021 02:50:01 PM Fee: $32.00 Eric Semerad-Gallatin County, MT MISc aM T E MONTANA'1ITLE AND ESCItOL'd ORDEP#2L 32tc�3^ DOCUMENT ELECTRONICALLY RECORDED] Retum to: Sanderson Stewart 106 East Babcock Bozeman, MT 59715 {, ciiz Project Name: Griffin Dr-R/W Acq, City of Bozeman I' Project No: 18092.12 g• , , -.. Engineering Division V - Public Works Department Parcel No: 24-1 PUBLIC USE EASEMENT The GRANTOR, Morgenthaler Family LLC, a Montana Limited Liability Company, whose address Is P.O. Box 36610, Helena, MT 59604-6510, for and In consideration of One and No/100 - Dollars, and other valuable consideration, in hand paid, conveys and 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, a perpetual,full and unrestricted easement and right-of-way in, over, under, along, through, and across the following described real property located in Gallatin County, Montana: Lot 2A of Amended Plat of Lot 2, Minor Subdivision No. 154 (Minor Sub. 15413), situated in the SW1/4 of Section 31, Township 1 South, Range 6 East, P.M.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. Said public use easement is depicted on Exhibit A attached hereto and more particularly described as: Beginning at the Southwest corner of the easement herein described, being a point on the North right-of-way of West Griffin Drive and the East right-of-way of Manley Road, from which point the I Southwest comer of Lot 2A bears N 89' 17' 101'W, 20 feet, said point of beginning;Thence, from said point of beginning, N 000 14' 39" E, 98.87 feet along the East right-of-way of Manley Road; Thence, 5 05' 00' 24" E, 43.56 feet; Thence, 3 160 21'36" E, 44.53 feet; Thence, S 550 31' 32" E, 23.32 feet to the North right-of-way of West Griffin Drive; Thence, N 89' 17' 10" W, 35.99 feet along the North right-of-way of West Griffin Drive to the East right-of-way of Manley Road and the point of Beginning, and containing 868 sq.ft., more or less, as shown on Exhibit A. All improvements installed within the easement by GRANTEE are the property of the GRANTEE, removable at its option. The failure of GRANTEE to exercise any of its rights granted herein shall not be donst►ued as a waiver or abandonment of the right. GRANTOR hereby covenants with GRANTEE that GRANTOR has good title to the above-described tract I of lafid and covenants that GRANTEE shall have quiet and peaceable possession of the easement; and shall have a free and unrestricted right to access and maintain said facilities as long as the right-of-way of Which this easement area is a part, remains a public way, Griffin Dr-RMAcq_ SANDER S O N& Page 1 of 3 18092.12 STEWART%0F Parcel24-1 i . r I MTE MONTANA TITLE AND ESCROW ORDER#'w1LA_32ho DOCUMENT PLECTRONIGALI Y RECOWEIJ Return to: Sanderson Stewart 106 East Babcock Bozeman, MT 59715 °z� I Project Name: Griffin Dr-R/W Acq T w� _ �- Cityof Bozeman t;�' Project No: 18092.12 I Engineering Division ;! Public Works Department �� Parcel No: 24-1 PUBLIC USE EASEMENT The GRANTOR, Mergenthaler Family LLC, a Montana Limited Liability Company, whose address is P.O. Box 36510, Helena, MT 59604-6510, for and in consideration of One and No/100 - Dollars, and other valuable consideration, in hand paid, conveys and 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, a perpetual, full and unrestricted easement and right-of-way In, over, under, along, through, and across the following described real property located in Gallatin County, Montana: Lot 2A of Amended Plat of Lot 2, Minor Subdivision No. 154 (Minor Sub. 154B), situated in the SW1/4 of Section 31, Township 1 South, Range 6 East, P.M.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. Said public use easement is depicted on Exhibit A attached hereto and more particularly described as: Beginning at the Southwest corner of the easement herein described, being a point on the North right-of-way of West Griffin Drive and the East right-of-way of Manley Road, from which point the E Southwest corner of Lot 2A bears N 89' 17' 10"W, 20 feet, said point of beginning; Thence, from said point of beginning, N 00' 14' 39" E, 98.87 feet along the East right-of-way of Manley Road; Thence, S 05' 00' 24" E, 43.56 feet; Thence, S 16' 21' 36" E, 44.53 feet; Thence, S 55' 31' 32" E, 23.32 feet to the North right-of-way of West Griffin Drive; Thence, N 89' 17' 16" W, 35.99 feet along the North right-of-way of West Griffin Drive to the East right-of-way of Manley Road and the point of beginning, and containing 868 sq.ft., more or less, as shown on Exhibit A. All improvements installed within the easement by GRANTEE are the property of the GRANTEE, rlemovable at its option. The failure of GRANTEE to exercise any of its rights granted herein shall not be Construed as a waiver or abandonment of the right. 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 of the easement; and shall have a free and unrestricted right to access and maintain said facilities as long as the right-of-way of Which this easement area is a part, remains a public way. Griffin Dr-R/W Acq. S A N b E R S 0 Wtft Page 1 of 3 18092.12 S T E WA R T Parcel 24-1 I, i; 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: 91TY OF BOTEMAN ByVNM helich Cia agerOV , q} ATTEST: By: Mike Maas City Clerk r� c� , i 3 State of Montana ) ) ss. County of Gallatin ) 2 b The foregoing instrument was acknowledged before me this � day ofV� � , y 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. I IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year above written, _ Notary Signature Line �. y f lrf� y Notary Printed Name for* PEAL Notary Public for the State of `'e Residing at: J` is•4' ! My Commission Expires: / !20 Griffin Dr-RNVAcq. SANDERSON ` Page 18092.12 , S T E WA R T � Parcel 24-1 S R h EXHIBIT A XH R T I PUBLIC USE EASEMENT WITH I N LOT 2A, MINOR SUB 154B, I LOCATED IN S31, T1S, R6E, M.P.M. PREPARED FOR CITY OF BOZEMAN MARCH, 2021 PREPARED BY SANDERSON STEWART& BOZEMAN, MONTANA I EXISTING I PROPERTY LINE EXISTING PUBLIC (TYP) ACCESS AND UTILITY EASEMENT 1 L1 N 00" 14' 39" E, 98.87 FEET L2 S 05' 00' 24" E, 43.56 FEET L3 S 16' 21' 36" E, 44.53 FEET I r L4 S 55' 31' 32" E, 23.32 FEET - I L5 N 89° 17' 10" W, 35.99 FEET z Q I r � PARCEL 24-1 I I PUBLIC USE i J °` is+ EASEMENT .......... (868 S4.FT.) _ J (20 `Q -- - I/I/ R �ONTANq R/W LEGEND -� MICHAEL DEAN ® EXISTING ROAD R/W o BERTRAM PUBLIC USE EASEMENT 18972LS 30 0 30 60n2niiiiiia / CN�l/ `/CCAIs� GRIFFIN DR-R/W ACG NORTH SCALE:1M L LAB PARCEL 24-1 18092_12_ROW EXHIBITS.DWC 18092.12 3/9/2021 'k 2751834 Page 1 of 4 09/23/2021 02:50:01 PM Fee: $32.00 Eric Semerad-Gallatin County, MT MISC T Ir C a MONTANA Trrt r-AND ESCROW ORDER$ELF- - OOCUMENT ELFCrfRONICALLY RECORDED I Return to: Sanderson Stewart 106 East Babcock Bozeman, MT 59715 Project Name: Griffin Dr-R/W Acq. City of Bozeman l Project No: 18092.12 Engineering Division Public Works Department Parcel No:24-2 TEMPORARY CONSTRUCTION PERMIT The GRANTOR, Morgenthaler Family LLC, a Montana Limited Liability Company, whose address Is P.O. Box 36510, Helena, MT 59604-6510, for and in consideration of One and No/100 - Dollars, and Qther 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: Trot 2A of Amended Flat of Lot 2, Minor Subdivision No. 154 (Minor Sub 154B), situated in the SW1/4 of Section 31, Township 1 South, Range 6 East, P.M.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. Said temporary construction permit Is depicted on Exhibit A attached hereto and more particularly described as: Beginning at the Southeast corner of Lot 2 and the permit herein described, being a point on the North right-of-way of West Griffin Drive, said point of beginning; Thence, from said point of beginning, N 890 17' 10" W, 224.04 feet along the North right-of-way of West Griffin Drive; Thence, N 55'31' 32"W,23.32 feet; Thence, N 160 21' 36"W, 44.53 feet;Thence, N 050 00'24" W, 43.56 feet; Thence, N 00' 14' 39" E, 05.02 feet along the East right-of-way of Manley Road; Thence, S 89°45' 14" E. 10.01 feet; Thence, S 009 14'46" W, 65.38 feet; Thence, S 11°42' 53" E, 80,93 feet; Thence, S 76*48' 15" E, 44.21 feet; Thence, S 89' 17' 10" E, 169,91 feet; Thence, N 000 42' 50" E, 30.03 feet; Thence, S 89' 17' 11" E. 20.00 feet to the West line of Lot 2; Thence, S 000 14' 10"W, 40.03 feet along the West line of Lot 2 to the North right-of-way of West Griffin Drive and the point of beginning, and containing 4,005 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 24-2. Said parcel, containing 4,905 square feet, more or less, is I 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 Griffin Dr-R/W Acq. Project. Griffin Dr-R/W Acq. SANDERSON,ft Page f of 3 Parcel24-2 12 STEWART +- A MONTANA TITLE AND ESCROW ORDER# " WJ DOCUMENT ELECTRONICALLY RECORDED fi Return to: Sanderson Stewart 106 East Babcock Bozeman, MT 59715 Project Name: Griffin Dr-RIW Acq. City of Bozeman Project No: 18092.12 Engineering Division Public Works Department Parcel No: 24-2 TEMPORARY CONSTRUCTION PERMIT The GRANTOR, Mergenthaler Family LLC, a Montana Limited Liability Company, whose address is P.O. Box 36510, Helena, MT 59604-6510, 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: dot 2A of Amended Plat of Lot 2, Minor Subdivision No. 154 (Minor Sub 154B), situated in the SW1/4 of Section 31, Township 1 South, Range 6 East, P.M.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. Said temporary construction permit is depicted on Exhibit A attached hereto and more particularly described as: Beginning at the Southeast corner of Lot 2 and the permit herein described, being a point on the North right-of-way of West Griffin Drive, said point of beginning; Thence, from said point of beginning, N 89' 17' 10" W, 224.04 feet along the North right-of-way of West Griffin Drive; Thence, N 55' 31' 32" W, 23.32 feet; Thence, N 16' 21' 36"W, 44.53 feet; Thence, N 05' 00' 24" W, 43.56 feet; Thence, N 00' 14' 39" E, 65.02 feet along the East right-of-way of Manley Road; Thence, S 89' 45' 14" E, 10.01 feet; Thence, S 00' 14' 46" W, 65.38 feet; Thence, S 11'42' 53" E, 80.93 feet; Thence, S 76'48' 15" E, 44.21 feet; Thence, S 89* 17' 10" E, 169.91 feet; Thence, N 00° 42' 50" E, 30.03 feet; Thence, S 89" 17' 11" E, 20.00 feet to the West line of Lot 2; Thence, S 00° 14' 10" W, 40.03 feet along the West line of Lot 2 to the North right-of-way of West Griffin Drive and the point of beginning, and containing 4,905 sq.ft., more or less, as shown on Exhibit A; delineated at, 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 24-2. Said parcel, containing 4,905 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 Griffin Dr-R/W Acq. project. Griffin Dr-R/Mcq. S A N D E R S O N ( Page 1 of 3 18092.12 S T E WA R T Parcel 24-2 Upon completion of said project for which access is hereby provided, the GRANTEE shall restore the I 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. ,r GRANTOR hereby covenants with GRANTEE that GRANTOR has good title to the above-described tract of Ipnd and povenants 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 begin rjing 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. MERGENTHALER FAMILY LLC, a Montana Limited Liability Company Title: ACKNOWLEDGMENT OF GRANTOR Statp of )SS. I Count of ��'�' � '° ' € On this %' ' day of , 20—, before me, the undersigned, a Notary Public in and for the said State, personally) appeared the GRANTOR, the of Morgenthaler Family LLC,`aMontana Limited Liability Company, '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 PRANTOR, with full authority to do so and with full knowledge of its contents, for the uses and purposes lrherein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year above written. Notary Signature Line s A JACK 4 ANpSRSON / r o aosAR�y� y NOTARY PUBLIC for the Notary Printed Name {SeW%of Montana SEAL ResldingatPhiipsburg,Manlana Notary Public for the State of !` ' � � My Commission Expires j AprI1 t0,2024 Residing at: ��- My Commission Expires: . / t Griffin Dr-RNVAcq. SANDCRSUN ift Page 2of3 18092.12 ;XJV S T E WA R T Parcel 24 2 I s i 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 teal property, or interest therein, described in this instrument and consents to the recordation thereof: 3 CITY OF BOZEMAN E' 2 B114lihe lich Manager _ ATTEST: 0 � By: Mike Maas City Clerk 4 State of Montana ) ss. I County of Gallatin ) t The foregoing instrument was acknowledged before me this I J day o 204(by Jeff Mihelich and Mike Maas known to me to be the City Manager and City Cler for the City of Bozeman f 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. I( IN WITNESS WHEREOF, I have hereunto set my hand a d affixed my official seal this day and year �[ above writterl. L A,M WW� E� �, : Notary Signature Line PIA,` ' i Notary Printed Name x 5 � 8 Notary Public for the State of Residing at: My Commission Expires: 1 /20 Griffin Dr-RIW Acq. S A N D E R S O Page 3 of 3 18092.12 S T E WA R T Parcel 24 2 fi EXHIBIT A TEMPORARY CONSTRUCTION PERMIT WITHIN LOT 2A, MINOR SUB 154B, LOCATED IN S31, T1S, R6E, M.P.M. PREPARED FOR CITY OF BOZEMAN MARCH, 2021 PREPARED BY SANDERSON STEWART& BOZEMAN, MONTANA i I EXISTING PUBLIC EXISTING ACCESS AND PROPERTY LINE E UTILITY EASEMENT (TYP) i L1 N 89° 17' 10" W, 224.04 FEET L2 N 55° 31' 32" W, 23.32 FEET L3 N 16° 21' 36" W, 44.53 FEET L4 N 05' 00' 24" W, 43.56 FEET L6 L5 N 00° 14' 39" E, 65.02 FEET L6 S 89° 45' 14" E, 10.01 FEET L7 S 00° 14' 46" W, 65.38 FEET L8 S 11° 42' 53" E, 80.93 FEET € L9 S 76' 48' 15" E, 44.21 FEET w L10 S 89° 17' 10" E, 169.91 FEET z I L11 N 00' 42' 50" E, 30.03 FEET Q L12 S 89° 17' 11" E, 20.00 FEET L13 S 00' 14' 10" W, 40.03 FEET PARCEL 24-2 TEMPORARY CONSTRUCTION L12 PERMIT (4,905 SQ.FT.) r" J I 9 L10 L1 ' POBB GR FFIN DR. k Ra LEGEND ®EXISTING ROAD R/W TEMPORARY CONST, PERMIT 30 0 30 60 1•+ NORTH SCALE;1:60 GRIFFIN DR-R/W ACQ PARCEL 24-2 18092_12_ROW EXHIBITS.DWG 18092.12 5/18/2021 Project Name: Griffin Dr-R/W Acq. q City of Bozeman I Project No: 18092.12 9 Engineering Division �! Parcel No: 29 Public Works Department !! a RIGHT-OF-WAY AGREEMENT This Right-of-Way Agreement (the "Agreement") has been reached this " 4 day of 20A, between Century Warehousing, Inc., a Montana Corporation (hereinafter the "GRANTOR"), the owner of Tract One (1), Bozeman Industrial Park, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana, and the City of Bozeman, a Municipal Corporation of the State of Montana (hereinafter the"GRANTEE"), for the purchase of said property interest(s). The compensation amount to be paid and other considerations to be given in full satisfaction of this Agreement are as follows: I Compensation: f Parcel 29: Temporary Construction Permit 2,599 s .ft. $500 Cost to cure: None I N/A *Figure 1 Total (rounded) $500.00 f Considerations: 1. In consideration of the payments herein set forth and the specific agreements to be performed by the parties hereto and written in this Agreement, the parties bind themselves to the terms and conditions stated herein. No verbal representations or agreements shall be binding upon either party. GRANTOR certifies that any known encumbrances on the property are shown on this Agreement. If GRANTOR sells their remaining property prior to the project being constructed, GRANTOR agrees to provide the purchaser(s) with a copy of this entire Agreement and agree to make the sale of their remaining property subject to all the terms and conditions contained in this Agreement. GRANTOR agrees that they will, at the GRANTEE'S request, execute deeds and/or easements required by for all real property agreed to be conveyed by this Agreement. 2. Taxes and special assessments, if any, delinquent from former years, and taxes and special assessments for the current year, if due and/or payable, shall be paid by the GRANTOR. 3. This Agreement embodies the whole Agreement between the parties hereto as it pertains to the real estate, and there are no promises, terms, conditions or obligations referring to the subject matter hereof, other than as contained herein. 4. The GRANTOR hereby agrees that the compensation herein provided to be paid includes full compensation for their interest and the interests of their life tenants, remaindermen, reversioners, z liens and lessees, and any and all other legal and equitable interest that are or may be outstanding and said GRANTOR agrees to discharge the same. 5. This Agreement shall be deemed a contract extending to and binding upon the parties hereto and i upon the respective heirs, devisees, executors, administrators, legal representatives, successors and assigns of the parties, only when the same shall have been approved by the City Manager on behalf of the Public Works Department. 6. The property transfer shall be effective upon acceptance by GRANTOR and GRANTEE, evidenced by the execution of this Agreement by the GRANTOR and GRANTEE and payment of the compensation amount. f f Griffin Dr-RfW Acq. $A:N DE $QN4 Page 1 of 2 18092.12 E WA V0� . Parcel 29 Of the total amount of compensation hereinabove agreed upon, the sum of $500.00 shall be paid upon execution and delivery of a good and sufficient: ❑ Public Use Easement and ® Temporary Construction Permit. Disbursement of funds will be made in the following manner: GRANTOR Amount of Payment Century Warehousing, Inc. $500.00 The GRANTOR certifies that there are no known hazardous materials on the property being acquired. The terms of this Agreement are understood and assented to by us and payment is to be made in accordance with the above. CENTURY WAREHOUSING, INC. Date: ( �(� j Title: J CITY OF BOZEMAN a Wehelich Date: ATTEST: OF PO :. Date: tS-70 - coo S t By: Mike Maas r' City Clerk '�'• - '� Q MUD Griffin Dr-RNV Acq. SANDER'S�koNO Page 2 of 2 18092.12 : TIEWWA�T Parcel29 SVS�n f1 {�* � � a i w • 'Tt`� � �'�,k vy3� ASS •t'ssy`3 i}�r' `L+, w r L /ti:txd aa�s RA MR Al ��5;•,��h� 3_ 2 � � }S _ �. �, ,fix.�x.P'� ,Z't..e v c k aFa l�l r OAF �•. f iSq�'' x'g� a. `fix:.. `✓�i.-.` ,S�',}` {h� {F t�i Rf v�l k ' '•� �y9��� .9?e;�z'"�`1������ _ rr�psp ,i p� ,1t{,�3�.-�j���t� �r. au`s.x'a ' '� -.:3kr' 'ci' s' ,e5 mar s� s ':' f a sa:, `-�^.rP�IVA IVA Elf �.c�kw1 �1fi S"c <f2 &k^��A.,.:s'��S$rh�`sv�".✓ Iv''��.zti v'�Ss�i r t w �� �s:,��° S��£�� �erv.mw____ c� •.ram sn � • -• •• •r " 1 I 2747762 Return to: Pajoe t of 4 02/2612021 11:41:58 AM Fee: $32.00 Sanderson Stewart Eric Semerad - Gallatin County, MT MI5C 106 East Babcock,1,l Illllllllllllllflllll IUllgllllllllllflilllllllllllllilllillllllllllll Illlllillllll Bozeman, .MT 59715 oz` E Project Name: Griffin Dr-R/W Acq. _ City of Bozeman Engineering Division Project Na: 18092.12 Public Works Department ' Parcel No: 29 0 --........_._. TEMPORARY CONSTRUCTION PERMIT The GRANTOR, Century Warehousing, Inc., a Montana Corporation, whose address is P.O. Box 962, Livingston MT 59047-0962, 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 One (1), Bozeman Industrial Park, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. Said temporary construction permit is depleted on Exhibit A attached hereto and more particularly described as: Beginning at the Southeast corner of Tract One(1)and the permit herein described, being a point on the North right-of-way of West Griffin Drive and the West right-of-way of Industrial Avenue, said point of beginning; Thence, from said point of beginning, N 89' 17' 10"W, 129.95 feet along the North right-of-way of West Griffin Drive to the West line of Tract One (1); Thence. N 00' 14' 03" E,20.00 feet along the West line of Tract One(1); Thence, S 89' 17' 10" E, 129.93 feet to the West right-of-way of Industrial Avenue;Thence, S 00° 11' 08"W, 20.00 feet along the West right- of-way of Industrial Avenue to the North right-of-way of West Griffin Drive and the point of beginning,and containing 2,599 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 29. Said parcel, containing 2,599 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 Griffin Dr-R/W Acq. 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. Griffin Dr-RIW Acq. SA N D E R S'Q N:0 Page 1 of 3 18092.12 T�W+111��'T: Parcel 29 2747762 Page 2 of 4 08/25/2021 11.41.58 AM i 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 1 st 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. CENTURY WAREHOUSING, INC.,a Montana Corporation ame:" f� �v�/ {v rX Title: ail( 1 ACKNOWLEDGMENT OF GRANTOR State of ) '. )ss. county of�) On this i V day of 20ZA before me, th undersigned, a otary Public in and for the said Sta e, per na y ap eared the GRANTOR, ' , the r•rO b of Century Warehousing, Inc., a ontana Corporation, 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 ixed m official Aseal t ' nd r above written. rrrrr llifI11ii/, Noa turel.ine ey GQv,' ' I. Notary Printed arne � • 01. •. 2�� Notary Public for the State of hl :A: �=� �' Residing at �Gi al alA wwid arm �: � — y� 1� Z 2 ; d ` My Commission Expires: / t7r' 120-2—q ll�y`�b Griffin Dr-RIW Acq. SAND E A S ON Page 2 of 3 18092.12 S T E WA R T��• Parcel 29 t 2747762 Page 3 of 4 08/25/2021 11:41:58 AM tt 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 Q,t& 1&Ue( qM 7ager elices ATTEST: .......... t`... By: Mike Maas a' City Clerk o `�ONTiA�� State of Montana ) ss. County of Gallatin ) The foregoing instrument was acknowledged before me this ! Q day of 20= by Jeff Mihelich and Mike Maas, known to me to be the City Manager and City Clerk folUthe 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. Notary Signature Line ��"zTTEq '�,, BERNApETTE A fv1A95EY p �P fyy/� t �ti1 Notary Public � �L '` Note Printed Nalme pTAR1q m--for�Y��t)ate of Montana Notary Residing at: Notary Public for the State of Mti 1 ,$EAL Bozeman,Montana <?� ••• P�' R My Commission Expires: oF�o esiding at: C ;�Q May 23,2023 My Commission Expires: 03 /203 Griffin Or-RM Acq. S AN d E KS Q N' Page 3 of 3 18092.12 STE WA RT�, Parcel 29 ry , 2747762 Page 4 of 4 08/25/2021 11:41:58 AM tl t EXHIBIT TEMPORARY CONSTRUCTION PERMIT WITHIN TRACT 1, BOZEMAN INDUSTRIAL PARK, LOCATED IN S31 , T1 S, R6E, M.P.M. PREPARED FOR CITY OF BOZEMAN MARCH, 2021 PREPARED BY SANWERSON STEWAtT BOZEMAN, MONTANA /I EXISTING PROPERTY LINE Q (7YP) Q V) PARCEL 29 it TEMPORARY CONSTRUCTION PERMIT (2,599 SO.FT.) -ten. ....:.......�----:;::::;:ai;•;ii:iei;—....................i? j J: : ..:::.:....a ....., J— POB W. GR F I DR. L1 N 89' 17 10" W, 129.95 FEET L2 N 00' 14' 03" E, 20.00 FEET Rnv LEMO 1-3 S 89' 17' 10" E, 129.93 FEET 12Z�=EXISTING ROAD R/W L4 S 00' 11' 08" W, 20.00 FEET TEMPORARY CONST. PERMIT z a as NOUN sCALEJAD GRIFFIN OR—R/W ACQ PARCEL 29 18O92_12—ROW EXHII3ITS.1WlG 18092.12 5/20/2021 i f, Project Name: Griffin Dr-R/W Acq. Z ao M OF City of Bozeman Project No: 18092.12 •} Engineering Division f _._ Parcel No: 31 Public Works Department i TEMPORARY RIGHT-OF-WAY AGREEMENT This Right-of-Way Agreement (the "Agreement') has been reached this day of , 207k, between Bart V. Thompson and Myrna H. Thompson, husband and wife, as j int tenants with right of survivorship and not as tenants in common (hereinafter the "GRANTORS"), the owner of Tract 7 of Bozeman Industrial Park, a tract of land in Section 31, Township 1 South, Range 6 East, M.P.M., according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana, (hereinafter"Property")and the City of Bozeman, a Municipal Corporation of the State of Montana (hereinafter the "GRANTEE"), for the purchase of a Temporary Construction Permit. The compensation amount to be paid and other considerations to be given in full satisfaction of this Agreement are as follows: Compensation: Parcel 31: Temporary Construction Permit 2,621 s .ft.* $500 Cost to cure: None N/A Administrative Settlement I $2,267.50 *Figure 1 Total (rounded) $2,767.50 Considerations: 1. In consideration of the payments herein set forth and the specific agreements to be performed by the parties hereto and written in this Agreement, the parties bind themselves to the terms and conditions stated herein. No verbal representations or agreements shall be binding upon either party. GRANTORS certify that to the best of their knowledge, any known encumbrances on the property are shown on this Agreement. If GRANTORS sell their Property prior to the project being constructed and the termination of this Agreement, GRANTORS agree to provide the purchaser(s)with a copy of this entire Agreement and agree to make the sale of their Property subject to all the terms and conditions contained in this Agreement. 2. Taxes and special assessments, if any, delinquent from former years, and taxes and special assessments for the current year, if due and/or payable, shall be paid by the GRANTORS. 3. This Agreement, together with the Temporary Construction Permit for Parcel 14 for the Griffin Dr-R/W Acq. Project ("Permit")which is attached hereto, embodies the whole Agreement between the parties hereto as it pertains to the real estate, and there are no promises, terms, conditions or obligations referring to the subject matter hereof, other than as contained herein or within the Permit. 4. The GRANTORS hereby agree that the compensation herein provided to be paid includes full compensation for the Permit. 5. This Agreement shall be deemed a contract extending to and binding upon the parties hereto and upon the respective heirs, devisees, executors, administrators, legal representatives, successors and assigns of the parties, only when the same shall have been approved by the City Manager on behalf of the Public Works Department. 6. The Permit shall be effective upon acceptance by GRANTORS and GRANTEE, evidenced by the execution of this Agreement by the GRANTORS and GRANTEE and payment of the compensation Griffin Dr-RfW Acq. \S A N D E R S O N l Page 1 of 3 18092.12 ST E WA RT�' Parcel 31 amount. The Permit is in effect for a period beginning the 1 st day of construction on the Property, and ending two (2)years later, at which time the Permit shall expire and be of no force and effect. Prior to GRANTEE commencing construction activities on the Property, the GRANTEE shall provide GRANTORS at least 48 hour notice via email to: gregqmtj( msn.com seeking GRANTEES' consent, which consent shall not be unreasonably withheld conditioned or delayed. 7. The GRANTORS and GRANTEE agree that the purpose of the Permit is for 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 this project as depicted on Figure 1 attached hereto and incorporated herein. 8. The GRANTORS and GRANTEE agree that the GRANTEE will coordinate construction activities on the GRANTORS'S Property with regards to underground irrigation activities. The GRANTEE agrees to restore the impacted underground irrigation system back to its original condition as much as practical upon completion of the project. 9. The GRANTORS and GRANTEE agree the GRANTEE will remove the existing sign pole base and electrical service to the electrical box/meter as shown on Figure 1. 10. The GRANTORS agree that the GRANTORS will be responsible to maintain new paths adjacent to their Property following current City codes (Bozeman Municipal Code: Sec. 34.04.020; Sec. 34.06.020). 11. The GRANTORS and GRANTEE agree that the GRANTORS will have access to the Property's northern approach at all times and further agree the southern approach will have periodic closures during construction. The GRANTORS and GRANTEE agree to coordinate temporary approach closures during construction by GRANTEE providing GRANTOR at least 48 hours notice prior to any temporary approach closures via email to: greggmt(g)msn.com, detailing the duration of the closure and seeking GRANTEES' consent, which consent shall not be unreasonably withheld conditioned or delayed. 12. The GRANTEE hereby covenants and agrees to defend and indemnify GRANTORS, its officers, directors, employees, agents, and invitees and save them harmless from any and all damages, injuries, liabilities, losses, costs, or obligations, including, without limitation, reasonable attorneys' fees, on account of, arising out of, or claimed to result from, entry upon or use of the Permit by GRANTEE, its officers, agents, employees, or contractors, any third party, or the public, however occurring, other than those caused solely by the willful or negligent acts or omissions of the GRANTORS. 13. If either party defaults in its performance of this Agreement or the Permit, the defaulting party agrees to pay, on demand, the other party's reasonable attorney's fees and costs. in the event that any suit or action is instituted to enforce any provision in this Agreement or the Permit, the prevailing party in such dispute shall be entitled to recover from the losing party all fees, costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement or Permit, including without limitation, such reasonable fees and expenses of attorneys and accountants and paralegals, which shall include, without limitation, all fees, costs and expenses of appeals. Of the total amount of compensation hereinabove agreed upon, the sum of$2,767.50 shall be paid upon execution and delivery of a good and sufficient: ❑ Public Use Easement and ® Temporary Construction Permit. Disbursement of funds will be made in the following manner: GRANTORS Amount of Payment Bart V. Thompson and Myrna H. Thompson $2,767.50 The GRANTORS certifies that there are no known hazardous materials on the Property being utilized as a temporary right-of-way. Griffin Dr-R/w Acq. SANDERSON ift Page 2of3 18092.12 S T E WA R T M J Parcel 31 The terms of this Agreement are understood and assented to by us and payment is to be made in accordance with the above. BART V. THOMPSON AND MYRNA H. THOMPSON Date: m AdT'rho PsQa;�' Date: My�,4�T�04-S-C� CITY OF BOZEMAN "-: Date: y.j ihelich tyianager ATTEST: A I k 1,j By: Mike Maas Date: City Clerk SANDE RSON Griffin Dr-RIW Acq. ,(W,, Page 3 of 3 18092,12 S T EWA R T�Pj Parcel 31 FIGURE 1 RIGHT—OF—WAY ACQUISITION WITHIN t TRACT 7, BOZEMAN INDUSTRIAL PARK, LOCATED IN S31, T1 S, R6E, M.P.M. PREPARED FOR CITY OF BOZEMAN MARCH, 2021 PREPARED BY SANDERSONSTEWART* BOZEMAN, MONTANA EXIST ING 1 PROPERTY LINE �(TYP) i LL An z PROPOSED PARCEL 31 $CONSTRUCTION TEMPORARY ITS (TYP) CONSTRUCTION PERMIT a r '(2,621 SO.FT.) ' 3 REMOVE ) {EXISTING TRESS av _yy i 3 DO NOURB 1N. GRIFFIN DR. EXISTING `-REMOVE EXISTING WELL ..-SIGN POLE AND ''�ELECTRICAL '"`.:SERVICE a NOTES: 1. AERIAL IMAGE LOCATIONS ARE R/W LEGEND APPROXIMATE AND MAY NOT BE EXACT. ® EXISTING ROAD R/W 2.NEW PROJECT IMPROVEMENT LOCATIONS ARE PRELIMINARY AND SUBJECT TO TEMPORARY CONST. PERMIT CHANGE. A 20 0 20 NORTH SCALE:1:4a GRIFFIN DR—R/W ACQ PARCEL 31 18092_12_ROW EXHIBITS.DWC 18092.12 5/20/2021 i i 2757576 I Page: t of 5 11/08/2021 Of 1B;53 PM Fee: $40,00 Eric Semerad - Gallatin County, MT M 5C 11111111!l111111111111111111I1111111111i1111fi111111IIlllIIIIIII1111111111111 fi111111 l Return to: Sanderson Stewart 106 East Babcock, Suite L1 Bozeman, MT 59715 r• k� Project Name: Griffin Dr-R/W Acq. i City of Bozeman Project No: 18092.12 Engineering Division i{ Public Works Department Parcel No:31 3 TEMPORARY CONSTRUCTION PERMIT The GRANTORS, Bart V. Thompson and Myrna H. Thompson, husband and wife, as joint tenants with right of survivorship and not as tenants in common, whose address is 7104 Jade Street, 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 7 of Bozeman Industrial Park, a tract of land in Section 31, Township 1 South, Range 6 East, M.P.M„ according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. Said temporary construction permit is depicted on' Exhibit A attached hereto and more particularly described as: Beginning at the Southwest corner of Tract 7 and the permit herein described, being a point on the North right-of-way of West Griffin Drive and the East right-of-way of Industrial Avenue, said point of beginning; Thence, from said point of beginning, N 00' 11' 08" E, 45.00 feet along the East right-of-way of Industrial Avenue; Thence, S 44° 17' 10" E, 28.28 feet; Thence, S 81'32'26" E, 111,30 feet to the East line of Tract 7; Thence, S 00' 15'41"W, 10.00 feet along the East line of Tract 7 to the North right-of-way of West Griffin Drive, Thence, N 89' 17' 10" W, 129,95 feet along the North right-of-way of West Griffin Drive to the East right-of-way of Industrial Avenue and the point of beginning, and containing 2,621 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 31. Said parcel, containing 2,621 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 Griffin Dr-R/W Acq. Project. Upon completion of said project for which access is hereby provided, the GRANTEE shall restore and repair the properly as nearly as possible to Its original condition. SANDERSON 18t92.12R Acq. Page 1 of 4 STEWART 6, Parcel 31 r ' 2757576 Page 2 of 5 11/08/2021 01:18:53 PM P yY E GRANTORS hereby covenants with GRANTEE that GRANTORS 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 1 st 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. BART V. THOMPSON AND MYRNA H. THOMPSON, husband and wife, as joint tenants with right of survivorship and not as tenants in common 4 .� I art . Thomps ACKNOWLEDGMENT OF GRANTORS State of ss. 6 County of (1} On this day of ~ 20Z before me,the undersigned, a Notary Public in and for the said State, personally appeared the GRANTORS, the of Bart V. Thompson, as joint tenant with right of lo'/�(;survivorship an not as tenants in common, 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 GRANTORS, 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 affixed my official seal this day and year above written. ) ` '� JESSI ANNE YULGA 1 y� r3N r� Notary Public , ` Notary Signature Li yy',o7ARJA,Iy'_for the StaStateofMontana „ Residing at: c�.SEAL '-"T* Bel a�, Montana Notary Printed Name My I'mmi sion Expires: - June 20,2025 Notary Public for the State of Residing at: My Commission Expires: / /20 SANDE RSON(lr Page 2of4 8 92�ZRlWAcq. STEWART Y Parcel31 2757576 Page 3 of 5 11/08/2021 01:13:53 PM F 11 I na H.Thompson ACKNOWLEDGMENT OF GRANTORS State of 10 j ss. County of .AL On this !,L) day of 5 , 2021 before me, the undersigned, a Notary Public in and for the said State, personally appeared the GRANTORS, the of Myrna H. Thompson, as joint tenant with right of survivorship and not as tenants in common, 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 GRANTORS, 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 affixed my official seal this day and year above written. JESSI ANNE YULGA0 ...... Notary o!t'a1 Nry Sign Qirnotar Public a n Q for the State of Montana Residing at: N9 5EAL'X- g de, Montana Notary Printed Name PR, My Commission Expires: Notary Public for the State of June 20,2025 Residing at:_.. My Commission Expires: I 120 Griffin S A N DE R S O N [fJ Page 3 or 4 18092.12 Dr-R1W Acq. S T E WA R T Parcel 31 2757576 Page 4 of 5 11/08/2021 01:18:53 PM 4 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the City of Bozeman, a Municipal Corporation of the State of Montana, j 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. a CITY OF BOZEMAN B 'Je ihelioh Clfy Manager 0 ATTEST: By: Ike Maasv City Clerk �INc ° State of Montana ) )ss. County of Gallatin ) i The foregoing instrument was acknowledged before me this day of 0Ch&C-20Z1 by Jeff Mihellch and Mike Maas, known to me to be the City Manager and City Clerk for thdy City of Bateman 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 d affixed my official seal this day and year above written. Notary Srgnature Line HCATHER EilENVENUi= (' Notary Pubic :V1_1aoTn9rq(, for aq);te of Montana Notary Printed Name �k Sju' `�- Bozeman, at. Notary Public for the State of Montana �F���s`,:' My C�7mrn!s sior Expires: Residing at: January 28,2C22 My Commission Expires: / /20 r Griffin Or-R/W Acq. SANDERSONI+! Page 4of4 18as2.12 S T E WA R T* Parcel 31 1 F 2757576 Page 5 of 5 11/08/2021 011&53 PM EXHIBIT A TEMPORARY CONSTRUCTION PERMIT WITI Il\d TRACT 7, BOZEMAN INDUSTRIAL PARK, LOCATED IN S31, -ri S, R6E, M.P.M. PREPARED FOR CITY OF BOZEMAN MARCH, 2021 PREPARED BY SANDERSON STEWARTSI BOZEMAN, MONTANA EXISTING PROPERTY IINF j (�i Q ; Z H L7 Z PARCEL 31 TEMPORARY CONSTRUCTION PERMIT (2,621 SO-FT.) L3 I d L4 �` POB `W.—GRIP 1N DR. L1 N 00' 11' 08" E, 45.00 FEET L2 S 44' 17' 10" E, 28.28 FEET L3 S 81- 32' 25" E, 111.30 FEET eL��ECEN© L4 S 00' 15' 41" W, 10.00 FEET EXISTING ROAD R/W L5 N 89' 17' 10" W, 129.95 FEET TEMPORARY CONST. PERMIT I a WITH SUIE:,:ga GRIFFIN DR—R/W ACD PARCEL 31 18092-12_ROW EXHIBiTS.DVIG 18092.12 5/20/2021 Project Name: Griffin Dr-R,W Acq. City of Bozeman Project No: 18092.12 r **' Engineering Division 88 Public Works Department Parcel No: 32-1 &32-2 CO.160 i RIGHT-OF-WAY AGREEMENT This Right-of-Way Agreement (the "Agreement") has been reached this ZZ day of ____ ✓� 207?, between DDS Investments, LLC, a Montana Limited Liability Company (hereinafter the "GRANTOR"), the owner of Sub-Tract 7 of Mays Tract, a suburb of the 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 of Gallatin County, Montana, less and excepting any portion of said property as described in quitclaim deed to the Montana Department of Transportation, recorded August 4, 2015 as document no. 2520429, official records, and the City of Bozeman, a Municipal Corporation of the State of Montana (hereinafter the "GRANTEE"), for the purchase of said property lnterest(s). The compensation amount to be paid and other considerations to be given in full satisfaction of this Agreement are as follows: Compensation: Parcel 32-1: Public Use Easement 2,519 s .ft.* $24,625.00 Cost to cure: New Business Pole Sin $25,060.10 Subtotal rounded $49,700.00 Parcel 32-2: Temporary Construction Permit 6,025 s .ft.* $500.00 Cost to cure: None NIA Administrative Settlement+ _ $2,463.00 .Fgure 1 Total (rounded) $52,663.00 Considerations: 1. In consideration of the payments herein set forth and the specific agreements to be performed by the parties hereto and written in this Agreement, the parties bind themselves to the terms and conditions stated herein. No verbal representations or agreements shall be binding upon either party. GRANTOR certifies that any known encumbrances on the property are shown on this Agreement. If GRANTOR sells their remaining property prior to the project being constructed, GRANTOR agrees to provide the purchaser(s) with a copy of this entire Agreement and agree to make the sale of their remaining property subject to all the terms and conditions contained in this Agreement. GRANTOR agrees that they will, at the GRANTEE'S request, execute deeds and/or easements required by for all real property agreed to be conveyed by this Agreement. 2. Taxes and special assessments, if any, delinquent from former years, and taxes and special assessments for the current year, if due and/or payable, shall be paid by the GRANTOR. 3. This Agreement embodies the whole Agreement between the parties hereto as it pertains to the real estate, and there are no promises, terms, conditions or obligations referring to the subject matter hereof, other than as contained herein. 4. The GRANTOR hereby agrees that the compensation herein provided to be paid includes full compensation for their interest and the interests of their life tenants, remaindermen, reversioners, Griffin r-S A N D E R S O N (& Page 1 cf 3 18092 D2 RNV Acq. 5T E WA RT* Parcel 32-1 &32-2 liens and lessees, and any and all other legal and equitable interest that are or may be outstanding and said GRANTOR agrees to discharge the same. 5. This Agreement shall be deemed a contract extending to and binding upon the parties hereto and upon the respective heirs, devisees, executors, administrators, legal representatives, successors and assigns of the parties, only when the same shall have been approved by the City Manager on behalf of the Public Works Department. 6. The property transfer shall be effective upon acceptance by GRANTOR and GRANTEE, evidenced by the execution of this Agreement by the GRANTOR and GRANTEE and payment of the compensation amount. 7. The GRANTOR and GRANTEE agree that the GRANTEE will remove the existing business sign at the GRANTEE'S expense with the GRANTEE'S project (as shown on Figure 1). Further, both parties agree the GRANTEE will remove the existing sign pole bases and electrical service to the electrical bcx/meter. 8. The GRANTOR and GRANTEE agree that the GRANTOR will be responsible for completing all tasks necessary to install the new cantilevered business sign including preparing and finalizing the sign permit through the City of Bozeman. The GRANTEE agrees they have reviewed the preliminary sign permit worksheet and accompanying sign design proof and cost estimate and have provided preliminary approval of the layout (permit, proof, and estimate attached). Of the total amount of compensation hereinabove agreed upon, the sum of$52,663.00 shall be paid upon execution and delivery of a good and sufficient: ® Public Use Fasement and ® Temporary Construction Permit. Disbursement of funds will be made in the following manner: GRANTOR Amount of Payment DDS Investments, LLC $52,663.00 The GRANTOR certifies that there are ne known hazardous materials on the property being acquired. The terms of this Agreement are understood and assented to by us and payment is to be made in accordance with the above. DDS INVESTMENTS, LLC Date: ! '5 � �. Name: r�)1;111 Alvr Title: kM,,1 Gdffln t� S A N D E R S O N OW Page 2 of 3 118G92.Dr2-FZn.N Acc. ST E WA RT Parcel 32-1 &32-2 CITY OF BOZEMAN Date: —o?62y�c� ®�, �d >` B e helich C Man ger ��.'. . ATTEST:ivf Date: By: Mike Maas -- City Clerk Griffin Dr-RAN Acq. SANDERSON (� Page 3of3 18092.12 S T E WA R T C Parcel 32-1 &32-2 FIGURE 1 RIGHT-OF-WAY ACQUISITION WITHIN TRACT 7, MAYS TRACTS, LOCATED IN S6, T2S, R6E, M.P.M. PREPARED FOR CITY OF BOZEMAN MARCH, 2021 PREPARED BY SANDERSON STEWART* BOZEVAN, MONTANA �" I1 1\\\\1 \ i f PARCEL 32-1 PUBLIC USE 'EASEMENT I (2,519 SQ FT) + REMOVE EXISTING +, BUSINESS SIGN APPROXIMATE NEW I I >.f SIGN LOCATIONaf Y` Imo.... _ _ - - _ _ _ . EX Sll\�EA sEI,IENr OR RDADhA" INGRESS & E.,RESSWI� .:,:�•.r PER WARRAN Y L DEED394737, Bk- 2C0 I Deeds, Pg, iBOi I I T t I N kzti Ira � " PARCEL 32 I -2 Iu� TEMPORARY CONSTRUCTION PERMIT (6,025 SQ.FT.) r g o<v+.c'wt�•Alin ._ 77 g I,rr r7 + r ' 3r n t �3ySc� EXISTING 7y 1N��� +�r t r � � PROPERTY UNE (TYP� QI �ls EXISTING EASEMENT INGRESS, EGRESS PROPOSED ` 'Y STORAGE PER WARRANTY �1ja�1z+ CONSTRUCTIONI, DEED #394737 Hk 200 ' Yir�` UMITS (TYP) �t a f Deeds Pg 1801 E tp J MtV V ! _S1,�n 'N 4�Il l � r 1 r { I 0�'�l oaf uA�eUlli:�, �SaSt'lfjTjxW� 'EF 'aj fr t f +xE IY � pp tro$F if11yu� s�.x.A� Flt > VN- F I Estimate No. 21889 SIGNS OF MONTANA Estimate Printed On 2/28/2022 Sanderson Stewart O �I WORW N L Hoa� Acct#: 8295 Attn: Tony Gaddo ASSOCIA79S SIVICOmua Terms: 50% Down/COD 106 East Babcock Street Suite L1 Phone: (406)922-4304/ Bozeman, MT 59715 Fax: (406)___ - E-Mail: tgaddo@sandersonstewart.c om Prepared For Tony Gaddo, 1. A 50%deposit is required on all orders to go to production. 2. Balance is due at the time the project is completed. 3. A monthly interest rate of 1.5%will be charged on all balance due. 4. This bid is good for 30 days from date of issue. Estimate Description Story Distributing Co.I Casey's Comer LED double face illuminated cantilevered pylon sign with pole cover.Cabinet&pole cover painted white. Prima electrical power to sign location is the res onsibili of others. Product Code Sides Color Quantity Vert Horiz Depth Price @ Total: MISC 1 Colored 1.00 156.00 84.00 18.00 $18,584.73 $18,584.73 Description Story Distributing Co./Cesey's Corner LED double face illuminated cantilevered pylon sign with pole cover. Cabinet&pole cover painted white.Cabinet will be built with a divider bar.Cabinet will have 2"retainers. Primary electrical power to sign location is the responsibility of others. Product Code Color Quantity Vert Horiz Depth Price @ Total: Labor-Truck&cre Installation 1.00 0.00 0.00 0.00 $6,125.37 $6,125.37 Description Labor fees-Truck and crew,2 guys (price includes marking&calling for locates,excavation of sign base,setting&planting j-bolts,pouring concrete&installation of pole sign.Primary electrical power to sign location is the responsibility of others.) Product Code Sides Color Quantity Vert Horiz Depth Price @ Total: Sign Permit 1 Sign Permits 1.00 0.00 0.00 0.00 $0.00 $0.00 Description City/County Sign Permits-charged at actual cost from the city/county. (price added to final invoice) Product Code Sides Color Quantity Vert Horiz Depth Price @ Total: Sign Permit i Acquisition Fe 1.00 0.00 0.00 0.00 $350.00 $350.00 Description Permit Acquisition Fee-staff time to obtain city sign permits Notes: Sub-Total $25,060.10 Sales Tax $0.00 Shipping $0.00 Total: $25,060.10 Yours Sincerely, We Accept Credtt:arikfarP"menr -VISA E S DISC+ M Mathew McCallum 400 Bryant Bozeman, Mt 59715 Phone:406-586-8326 Fax:406-585-9737 (sales@signsofmontana.com) Page 1 of I Ma Community Development SIGN PERMIT WORKSHEET SIGN PERMIT PROCEDURE A sign application is required when a sign is placed, constructed,erected, or modified on a property.All signs must be consistent with the requirements of the Bozeman Municipal Code BMC 38.560.To obtain a sign permit,this worksheet and associated checklist items must be completed along with an electronic submission for a Building Permit. Apply for the building permit using the online aortal.Once the building permit application has been approved and paid,a link will be emailed to the applicant to upload plans via ProjectDox. • Worksheet 1:Allowable Building Sign Area (required for all permits) • Worksheet 2.Allowable Unit Sign Area (if multiple units within building) PROJECT Project Name:Griffin Drive Right-of-Way Acquisition Site Address: 300 East Griffin Drive, Bozeman, MT 59715 Suite/Unit#: PROPERTY OWNER Name: DDS Investments, LLC Full Address: P.O. Box 1201, Bozeman, MT 59771-1201 Email: TBD Phone: TBD APPLICANT . . Name: TBD Full Address: Email: Phone: BUSINESS OWNER Name: TBD Full Address: Email: Phone: SIGN CONTRACTOR (BUSINESS LICENSE NAME) Name: Signs of Montana Full Address: 400 East Bryant Street,Bozeman, MT 59715 Email: TBD Phone: TBD ELECTRICAL CONTRACTOR(BUSINESS LICENSE NAME) Name: TBD Full Address: Email: Phone: Sign Permit Worksheet Page 1 of 4 Revision Date:August 2c21 SIGN PERMITORKSHEET APPLICATION CHECKLIST` Must be included in your Online permit submission I. Submit full color plans for each sign clearly labeled by ID to correspond with the sign details section below. 2. Sign construction cross section details: Cabinet, individual channel letters, push through lettering,vinyl, etc. 3. Sign illumination details: Internal illumination or indirectly lighting. If indirect lighting, provide fixture cutsheets. 4. Sign mounting details: Detail of proposed hardware. 5. Scaled site plan detail showing sign location,site vision triangles,setbacks, easements, and water and sewer lines (free standing signs only). 6. Color exterior photographs of each facade of the building with signs existing to remain (called out) and new proposed signs overlaid into the photograph (signs depicted must be as close as possible to the actual size to be installed on the building). SIGN DETAILS' SIGN#1: SIGN ID Cantilevered pole sign Dimensions in ft. Area (sq feet) Max Height Freestanding: 7 (1)x 4.5 (w)= 31.5 13 Projecting/Blade/Awning: (I)x (w)= 0 Wall: (I}x (w) = 0 Does sign project over right of way? Yes ❑No Value of Sign: $25,060.10 SIGN#2: SIGN ID Dimensions in ft. Area (sq feet) Max Height Freestanding: (I}x (w) = 0 Projecting/Blade/Awning: (1)x (w) = 0 Wall: (1)x (w)= 0 Does sign project over right of way? Yes❑No Value of Sign: SIGN #3: SIGN ID Dimensions in ft. Area (sq feet) Max Height Freestanding: (1) x (w)= 0 Projecting/Blade/Awning: (1)x (w)= 0 Wall: (1)x (w)= 0 Does sign project over right of way?❑Yes No Value of Sign: Sign Permit Worksheet Page 2 of 4 Revision Date:August 2021 SIGN PERMIT WORKSHEE T SIGN#4:SIGN ID Dimensions in ft. Area (sq feet) Max Height Freestanding: (1)x (w)= 0 Projecting/Blade/Awning: (I)x (w) = 0 Wall: (1)x (w)= 0 Does sign project over right of way? Flyes❑No Value of Sign: CERTIFICATIONS AND SIGNATURES No building or other structures shall be erected, moved, added to or structurally altered without valid permits.This worksheet is to be completed for all development proposes which need building permits, pursuant to section 10.02.010, BMC.This worksheet must be completed and approved by the appropriate authorities prior to permit issuance.Worksheets will not be accepted without signatures orthe proper forms filled out. incorrect information provided in conjunction with this worksheet may result in the delay or revocation of building and/or occupancy permits. Information on Appeals of Administrative Actions can be found in section 38.250.030, BMC. Applicant Signature: Date: Printed Name: Property Owner Signature: Date: Printed Name: CONTACT US Alfred M.Stiff Professional Building phone 406-S82-2260 20 East Olive Street fax 406-S82-2263 PO Box 1230 planning@bozeman.net Bozeman, MT 59715 www.bozeman.net/planning Sign Permit Worksheet Page 3 of 4 Revision Date:August 2021 rncaan ube Ult: Iunowing wW KWIecw in sauvue WORKSHEET 1 L E BUILDING SIGN AREA WORKSHEET CALCULATE SIGNAGE ALLOWED FOR BUILDING (BMC38.560.060) Do you have a comprehensive sign plan? ❑Yes R No Enter Val Zoning District:M-1 Find YourZoninig District • B-1= 1 = Do you have off-street parking in front of your building? ■Yes No • RO 0.5• All other A.Allowed sq.ft. per linear foot of building frontage, First 25 feet: 2 (A) B.Allowed sq.ft. per linear foot of building frontage>25 feet: 1.5 A Length of Building Front(ft): 68 Building Frontage Defined Less first 25 Feet: -25 25 25 x (A Value) 2 = 50 (C) Remalning Frontage: 43 x (B Value) 1.5 = 64.5 (D) Allowable Sign Area for Building(sq.ft.): 114.5 (C&D Values) Max Allowable Sq Ft. 0 Results Cannot Exceed the Max Below: B-1/RO=80/80ding B-2/13-2M=400/Lot All other Zones= 250/Lot For buildings with more than one frontage,you can attach more than one worksheet to your application WORKSHEET 2 FOR MULTI-TENANT BUILDINGS ONLY ALLOWABLE UNIT SIGN AREA ulO R KS HEET FOR MULTI-TENANT BUILDINGS Do you have a comprehensive sign plan? ®Yes ®No A comprehensive sign plan is a plan submitted by a property owner or manager to Planning that allocates sign area to individual tenants and dictates design requirements and sign placement requirements. If you do not know if a comprehensive sign plan exists for your space,you can reach out to the property owner or manager.These plans are also on file with the Planning Division. Reach out to 406-582-2260 if you have questions. Please refer to BMC 38.560.080 for code reference. Total Bldg Floor Area (sq.ft): Total Tenant Floor Area (sq.ft): PERCENT OF TENANT SPACE: 0% ALLOWABLE SIGN AREA FOR BUILDING: 114.5 X 0% (%TENANT SPACE)= 0 MUST INCLUDE COPY OF APPROVED COMPREHENSIVE SIGN PLAN AND SIGNED LETTER OF APPROVAL FROM ASSOCIATION OR MANAGER Percent Allowable Signage or Plan Approved Square Footage Allotment Sign Permit Worksheet Page 4 of 4 Revision Date:August 2021 V - w d u LD a c i p rz w oj.MR�Ill r T AL (3 u ' G L a h LLJ A CL ;W' J } o: 0. 777���111 ~ C LLJ Tye co 41 ..� l ��...... _ ❑ ° Q :© .b � V < a if � o NLU LA M CY a: UJI VI CA o a O N o tA Ln R y W O Q Mr- LA v, a z ZU .r..'LU O w , � a (� 1.1 CL 2777225 - 'aga ' of 4 05/01/2022 33:33:35 PV Fee S32 CO -` -ric Semerad- Gallatir County, MT MISC leg T E MoNTANA T i-n-E Alpo ESCROW ORD=—R#'/,'1. 30Sf� 00cumtNT ELECTRONICALLY RECCRDED Return to: Sanderson Stewart 106 East Babcock Bozeman, MT 59715 soz Project Name. Griffin Dr-RMl Acq. City of Bozeman Project No: 18092.12 *' Engineering Division Public Works Department Parcel No: 32-1 `t9�N Cv K�aF� PUBLIC USE EASEMENT The GRANTOR, DDS Investments, LLC, a Montana Limited Liability Company, whose address is P.O. Box 12C1, Bozeman, MT 59771-1201, for and it consideration of One and Nc/100 - Dollars, and othar valuable consideration, in hand paid, conveys and 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, a perpetual. full and unrestricted easement and right-of-way in, over, under, along, through, and across the following described real property,located in Gallatin County, Montana: Sub-Tract 7 cf Mays Tract, a suburb of the City of Bozeman, Gallatin County, Montana, according to the official Fiat thereof on file and of record in the office of the County Clerk and Recorder of Gal.atin County, Montana, less and excepting any portion of said property as described in quitclaim deed to the Montana Department of Transportation, recorded August 4, 2015 as docurnent no. 2520429, official records. Said public use easement is depicted on Exhibit A attached hereto and more particularly described as: Beginning at the Northwest corner of Sub-Tract 7 and the easement herein described, being a point on the South right-of-way of West Griffin Drive, said point of beginning: Thence, from said point of beginning, S 87' 59'45" E, 176.92 feet along the South right-of-way of West Griffin Drive; Thence, S 72' 37' 07" E, 38.43 feet along the South right-of-way of West Griffin Drive;Thence, N 89' 17' 11" IN, 208.93 feet; Thence, S 47' 38' 04" W, 6.95 feet to the West line of Sub-Tract 7; Thence, N 01' 37' 09" E, 19.75 feet along the West line of Sub-Tract 7 to the South right-of-way of West Griffin Drive and tr,e point of beginning, and containing 2,519 sq.ft., more or less, as shown on Exhibit A. All improvements installed with°n the easement by GRANTEE are the 'property of the GRANTEE, removable at its option. The failure of GRANTEE to exercise any of its rights granted herein shall not be construed as a waiver or abandonment of the right. 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 of the easement; and S A N D E R S O N Ak Page 1 of 3 18092112 Ec�IJ Acq. S T E WA R T~ Parcel 32-1 T MONTANA TITLE AND ESCROW C'''fRDER#—'-I- phi � Dcx,;NrNT r L.ECTRONICAU'f RFCORDEC Return to: Sanderson Stewart 106 East Babcock Bozeman, MT 59715 -1 so Project Name_ Griffin Dr-PA' /Acq. y, 9� City of Bozeman Project No: 18092.12 Engineering Division V-1 tee+ Public Works Department Parcel No: 32-1 �9rlry Co. PUBLIC USE EASEMENT The GRANTOR, DDS Investments, LLC, a Montana Limited Liability Company, whose address is P.O. Box 1201, Bozeman; MT 59771-1201, for and in consideration of One and No/100 - Dollars, and other valuable consideration, in hand paid, conveys and grants to the GRANTEE, the Cite of Bozeman, a Municipal Corporation of the State of Montana, with offices at 121 North Rouse Avenue, Bozeman Montana 59715, its successors or assignees, a perpetual, full and unrestricted easement and right-of-way in, over, under, along, through, and across the following described real property located in Gallatin County, Montana: Sub-Tract 7 of Mays Tract, a suburb of the 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 of Gallatin County, Montana, less and excepting any portion of said property as described in quitclaim deed to the Montana Department of Transportation, recorded August 4, 2015 as document no. 2520429, official records. Said public use easement is depicted on Exhibit A attached hereto and more particularly described as: Beginning at the Northwest corner of Sub-Tract 7 and the easement herein described, being a point on the South right-of-way of West Griffin Drive, said point of beginning: Thence, from said point of beginning, S 87' 59' 45" E, 176,92 feet along the South right-of-way of West Griffin Drive; Thence, S 72' 37' 07" E, 38.43 feet along the South right-of-way of West Griffin Drive; Thence, N 89° 17' 11" W, 208.93 feet; Thence. S 47' 38' 04" W, 6.95 feet to the West line of Sub-Tract 7; Thence; N 01° 37' 09" E, 19.75 feet along the West line of Sub-Tract 7 to the South right-of-way of West Griffin Drive and the point of beginning, and containing 2,519 sq.ft., more or less. as shown on Exhibit A. All improvements installed within the easement by GRANTEE are the property of the GRANTEE, removable at its option. The failure of GRANTEE to exercise any of its rights granted herein shall not be construed as a waiver or abandonment of the right. 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 of the easement; and S A N D E R S O N if Page 1 of 3 Griffin D2r-R%VV Act. S T E WA R T~ Parcel 32-' shall have a free and unrestricted right to access and maintain said facilities as long as the right-of-way of which this easement area is a part, remains a public way. The GRANTEE hereby covenants and agrees to defend and indemnify GRANTOR, its officers, directors, employees, agents, and invitees and save them harmless from any and all liability, loss, costs or obligations, including, without limitation, reasonable attorneys' fees, on account of, or arising out of, any such injury or loss caused or claimed to be caused by the exercise of this easement or use of this easement, however occurring, other than those caused solely by the willful or negligent acts or omissions of the GRANTOR. DDS INVESTMENTS, LLC, a Montana Limited Liability Company Name: Vrvi e W Title: �iI�L+ l ACKNOWLEDGMENT OF GRANTOR State of nAh;VUl ) ! )ss. County of Cti, -Si* ) On this Z7-I day of , 202?-before me, the undersigned, Notary Public in and for the said State, personall appeared the GRANTOR, A .�c M- , the Altr,�" _ of DDS Investments, LLC, a Montana Limited Liability Company, 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, 1 have hereunto set my hand and affix my official Aeal this day)and year t above written. Signature Ine ANITMONY GAD0O i Notary Public NoTAALq j.0;for the State of Montana Notary Printed'Name M;e (Sealpesiding at: `Bozeman Montana� Notary Public for the Sate of My Commission Expires: January 30,2023 Residing at: My Commission expires: / /20 r Griffin Dr-RNV Acq. SANDERSON Page 2of3 18092.12 S T E WA R T�+� Parcel 32-1 CERTIFICATE OF ACCEPTANCE THIS 1S 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 B . e theirch Man er ^= - 0 ATTEST: �' ••��l By: Mike Maas City Clerk 1383 State of Montana ) ss. County of Gallatin ) The foregoing instrument was acknowledged before me thiay of 2�y Jeff Mihelich and Mike Maas, known to me to be the City Manager and City Clerk for t6h 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. r �--- r -.. Signature yne JULIE HUNTER Notary Public Np1AR1q�. w f thee state of Montana Notary Printed Name !N'alhesfding at: = .SEAL:z�r Bozeman, Montana Notary Public for the State of ��"9�oFfAOP' My commission Expires: ,,. June 11,2025 Residing at: P—La2eMWA^- My Commission Expires:- (- Griffin Dr-RNJ Acq. S A N D E R S O N Page 3 of 3 18092.12 S T E WA R T Parcel 32-1 EXHIBIT PUBLIC USE EASEMENT WITHIN TRACT 7, MAYS TRACTS, LOCATED 1N S6, T2S, R6E, M.P.M. PREPARED FOR CITY OF BOZEMAN MARCH, 2021 PREPARED BY SANDERSON STEWART 119 BOZEMAN, MONTANA [ POB =' T. + PARCEL 32-1 _ [ f , PUBLIC USE J EASEMENT 2s19 sa.FT. �• L1 S 87° 59' 45" E, 176.92 FEET L2 S 72' 37' 07" E, 38.43 FEET z/ L3 N 89° 17' 11" W, 208.93 FEET = ►-� L4 S 47' 38' 04" W, 6.95 FEET / L5 N 01' 37' C9" E, 19.75 FEET "P ROADWAY IN RESSE - -IkE EGRESS - - - - T FOR WRANTY ED 394737. — _ - - - - PEBk.400DeedsEPg�1801 — — — — — — — — I � 1 f 1 EXISTING PROPERTY UNE (TYP) XI f E STING EASEMENT FOR f+ �INGRESS, EGRESS & STORAGE PER WARRANTY [ DEED #394737, Bk. 200 1 Deeds, Pg, 1801 P. ROJ5 AT [ 2777226 _ Pace 1 of 4 C5/012022 03:33:35 PM Fee:$32.00 Eric Serrerad- Gallatin County, MT MISC T E MONTANA T[T'.E AND EscRum ORDER#-d--��I� DGCUMENT ELEC-ROMCAL.Y'2ECORJED Return to: Sanderson Stewart 106 East Babcock Bozeman, MT 59715 Aso Project Name: Griffin Dr-RiliVAcq. City of Bozeman Project No: 18092.12 Engineering Division _ 5 9 Public Works Department Parcel No: 32-2 i TEMPORARY CONSTRUCTION PERMIT The GRANTOR, DDS Investments, LLC, a Montana Limited Liability Company, whose address is P.O. Box 1201, Bozeman, MT 59771-1201, 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 foilewing described real property located in Ga'latin County, Montana: Sub-Tract 7 of Mays Tract, a suburb of the City of Bozeman, GaHatin 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, less and excepting any por`on of said property as described in quitclaim deed to the Montana Department of Transportation, recorded August 4, 2015 as document no. 2520429, official records. Said temporary construction permit is depicted on Exhibit A attached hereto and more particularly described as: Beginning at the Northwest corner the permit herein described, being a point on the West line of Sub-Tract 7. from which point the Northwest corner of Sub-Tract 7 bears N 01' 37' 09" E, 19.75 feet, said paint of beginning; Thence, from said point of beginning, N 47' 38' 04" E, 6.95 feet; Thence, S 89' 17' 11" E, 208.93 feet to a point on the South right-of-way of West Griffin Drive; Thence, S 72' 37' 07" E, 39.69 feet along the South right-of-way of West Griffin Drive; Thence, S 84' 17' 54" E, 156,61 feet along the South right-of-way of West Griffin Drive; Thence, N 89' 17' 11" W, 211.05 feet: Thence, N 65' 33' 07" W, 37.27 feet; Thence, N 89' 17' 11" W, 64.05 feet; Thence, S 63'41' 5 W, 44.03 feet; Thence, N 89' 17' 11"W, 60.00 feet to the West line of Sub- Tract 7; Thence, N 01` 37' 09" E, 25.25 feet along the West'line of Sub-Tract 7 to the South r'.ght- of-way of West Griffin Drive and the point of beginning, and containing 6,025 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 desianated as Parcel 32-2. Said parcel, containing 6,025 square feet, more or less, is hereby temporarily provided to the GRANTEE, for the purpose a- constructing and/or improving a public street, highway, walkway, trail and/or electric, telephone or telecommunications, gas, water, sewer, Gnffir Dr-RfAl Aca. SANDERSON [& Page of 8092.^2 STEWART+� Parcel32-2 MONTANA TrrLE AND ESCROW ORDER _!`-3s1 DOCUMENT EI.ECTRONICALLY RECORDEf: Return to: Sanderson Stewart 106 East Babcock Bozeman, MT 59715 Project Name: Griffin Dr-RiW Add. City of Bozeman R Engineering Division Project No: 18092.12 Public Works Department Parcel No: 32-2 Ua��N CO.�O TEMPORARY CONSTRUCTION PERMIT The GRANTOR, DDS Investments, LLC, a Montana Limited Liability Company, whose address is P.O. Box 1201, Bozeman, MT 59771-1201, 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: Sub-Tract 7 of Mays Tract, a suburb of the 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 of Gallatin County, Montana, less and excepting any portion of said property as described in quitclaim deed to the Montana Department of Transportation, recorded August 4, 2015 as document no. 2520429, official records. Said temporary construction permit is depicted on Exhibit A attached hereto and more particularly described as: Beginning at the Northwest corner the permit herein described, being a point on the West line of Sub-Tract 7, from which point the Northwest corner of Sub-Tract 7 bears N 01' 37' 09" E. 19.75 feet. said point of beginning: Thence, from said point of beginning, N 47` 38' 04" E, 6.95 feet; Thence, S 89' 17' 11" E, 208.93 feet to a point on the South right-of-way of West Griffin Drive; Thence, S 72' 37' 07" E. 39.69 feet along the South right-of-way of West Griffin Drive; Thence, S 84' 17' 54" E, 156.61 feet along the South right-of-way of West Griffin Drive; Thence, N 89' 17' 11" W, 211.05 feet; Thence, N 65' 33' 07" W, 37.27 feet, Thence, N 89' 17' 11" W, 64.05 feet; Thence, S 63' 41' 51" W, 44.03 feet; Thence, N 89' 17' 11"W, 60.00 feet to the West line of Sub- Tract 7; Thence, N 01' 37' 09" E, 25.25 feet along the West Ilne of Sub-Tract 7 to the South right- of-way of West Griffin Drive and the point of beginning, and containing 6,025 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 32-2. Said parcel, containing 6,025 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, Griffin Dr-RPvV Acq, S A N D E R S O N (M, Page 1 of 3 180192.12 S T E W A R T Parcel 32-2 drainage, or other utility transmission or distribution facilities as necessary for the Griffin Dr-R'W Acq. 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 goad 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. DDS INVESTMENTS, LLC, a Montana Limited Liability Company Title: t�b `. ACKNOWLEDGMENT OF GRANTOR State of �, County of CI-M LAM ) On this Z-y4day of_ /r J✓o _ , 2COZ, before me, the under i ned, a Not ry Public in and for the said State personally appeared the GRANTOR, I � the of DDS Investments; LLC, a Montana Limited Liability Company, known k 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-,.Affixed my offttdia,!"al this day and year above written. ` ANTHONY GADDO Notary Sig re-ttr ' . OQ Notary Public Q osNosyar��.0=`for the State of Montana _ !� siding at: Notary PrinteA- Name *' &Van, Montana*• SEA.-ems oFrn P? My Commission Expires: Notary Public for the Sta e of January 30,2023 Residing at: f My Commission r:xpires: / /20 i� Griffin Dr-RV',,/Acq. S A N D E R S O N (ft Page 2 of 3 18092.12 S T E WA R T Parcel 32-2 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 a B Jet1Vihe icheP City Manager f��. ATTEST: Z" By: Mike Maas City Clerk State of Montana ) ) Ss. County of Gallatin ) The foregoing instrument was acknowledged before me thisZYday of ' `, 20Ay Jeff Mihelich and Mike Maas, known to me to be the City Manager and City Clerk fort e 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. ot ry Signature Line 4otary Printed Name HUti 9'' (S I�I aHP HUNTER 7 ^. ^� Notary Public for the State of c '�.& No�AR�q�• for the State of Von�ana Residing at: Residing at: cr�SEALP�P, Bozeman, Montana f t MY commission =xpires: My Commission Expires: __.t�,�, �/20 June 11, 2a25 SANDERSON (M Page 3ef3 c8 9202w�.rr~�q. ST E WA RT W•`® Parcel 32-2 EXHIBIT A TEMPORARY CONSTRUCTION PERMIT WITHIN TRACT 7, MAYS TRACTS, LOCATED IN S6, T2S, R6E, M.P.M. PREPARED FOR CITY OF BOZEMAN MARCH, 2021 PREPARED BY SANDERSON STEWART BOZEMAN, MONTANA f i % /I/ L1 N 47" 38' 04" E, 6.95 FEET I POB - L2 S 89' 17' 11" E, 208.93 FEET L10 I L1 L3 S 72' 37' 07" E, 39.69 FEET �" L4 S 84' 17' 54" E, 156.61 FEET L5 N 89° 17' 11" W, 211.05 FEET f J; L6 N 65° 33' 07" W, 37.27 FEET L7 N 89° 17' 11" W, 64.05 FEET I L8 S 63' 41' 51" W, 44.03 FEET L9 N 89' 17' 11" W, 60.00 FEET J L10 N 01` 37' 09" E, 25.25 FEET + PARCEL 32-2 f TEMPORARY f J CONSTRUCTION �� PERMIT (6,025 SO-FT.) 12SI EASEMENT FOR �— ROADWAY INGRESS & EGRESS — PER WARRANTY DEED #394737, — — — — — —�— Bk. 200 Deeds, Pg, 1801 f � f Lo f 1 J E)aST[NG PROPERTY UNE I TYP EXiSTNG EASEMENT FOR INGRESS, EGRESS & STORAGE PER WARRANTY DEED #394737, Bk. 200 i I Deeds, Pg, 1801 l i 1 1 717 AVE j RLWWLEGEND EXISTING ROAD R/W TEMPORARY CONST. PERMIT o3A 0 30 60 SCALEA:50 GRIFFIN DR-R/W ACQ PARCEL 32-2 180922_12_R0W EXHIBITS.DWG 18092.12 5/20/2C21 i I i .. i 4 � o4a Project Name: Griffin Dr-R/W Acq. City of Bozeman Project No: 18092.12 • Engineering Division Public Works Department Parcel No: 33-1 and 33-2 co. RIGHT-OF-WAY AGREEMENT This Ri ht-of-Way Agreement (the "Agreement") has been reached this day of 202t, between Edgerley Revocable Trust, U/T/D June 14, 2006, CIO Donna B. Edge ey, Trustee (hereinafter the "GRANTOR"), the owner of Tract I and Tract 11 located in the SW'/ of Section 31, Township 1 South, Range 6 East, 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 (Reference: document #2242687). and the City of Bozeman, a Municipal Corporation of the State of Montana (hereinafter the "GRANTEE"), for the purchase of said property interest(s). The compensation amount to be paid and other considerations to be given in full satisfaction of this Agreement are as follows: Compensation: Parcel 33-1: Temporary Construction Permit 5,236 s .ft.* $500 Cost to cure: None N/A F Parcel 33-2:Temporary Construction Permit 1,687 s .ft.* $500 Cost to cure: None N/A ';figure 1 Total (rounded) $1,000.00 I Considerations: 1. In consideration of the payments herein set forth and the specific agreements to be performed by the parties hereto and written in this Agreement, the parties bind themselves to the terms and conditions stated herein. No verbal representations or agreements shall be binding upon either party. GRANTOR certifies that any known encumbrances on the property are shown on this Agreement. If GRANTOR sells their remaining property prior to the project being constructed, GRANTOR agrees to provide the purchaser(s) with a copy of this entire Agreement and agree to make the sale of their remaining property subject to all the terms and conditions contained in this Agreement. GRANTOR agrees that they will, at the GRANTEE'S request, execute deeds and/or easements required by for all real property agreed to be conveyed by this Agreement. 2. Taxes and special assessments, if any, delinquent from former years, and taxes and special assessments for the current year, if due and/or payable, shall be paid by the GRANTOR. 3. This Agreement embodies the whole Agreement between the parties hereto as it pertains to the real estate, and there are no promises, terms, conditions or obligations referring to the subject matter hereof, other than as contained herein. 4. The GRANTOR hereby agrees that the compensation herein provided to be paid includes full compensation for their interest and the interests of their life tenants, remaindermen, reversioners, liens and lessees, and any and all other legal and equitable interest that are or may be outstanding and said GRANTOR agrees to discharge the same. 5. This Agreement shall be deemed a contract extending to and binding upon the parties hereto and upon the respective heirs, devisees, executors, administrators, legal representatives, successors and Griffin Dr-RIW Acq. S A N DE R S O N Page 1 of 2 18092.12 S T E WA R T'M41-AW Parcel 33-1 and 33-2 assigns of the parties, only when the same shall have been approved by the City Manager on behalf of the Public Works Department. 6. The property transfer shall be effective upon acceptance by GRANTOR and GRANTEE, evidenced by the execution of this Agreement by the GRANTOR and GRANTEE and payment of the compensation amount. 7. The GRANTOR and GRANTEE agree that the GRANTEE will adjust the existing fence at the GRANTEE'S expense as shown on Figure 1 to tie-in to the ends of the new retaining walls. Of the total amount of compensation hereinabove agreed upon, the sum of$1,000.00 shall be paid upon execution and delivery of a good and sufficient: ❑ Public Use Easements and ®Temporary Construction Permits(2). Disbursement of funds will be made in the following manner: GRANTOR Amount of Payment Edgerley Revocable Trust $1,000.00 The GRANTOR certifies that there are no known hazardous materials on the property being acquired. The terms of this Agreement are understood and assented to by us and payment is to be made in accordance with the above. EDGERLEY REVOCABLE TRUST, U/T/D June 14, 2006, C/O Donna B. Edgerley,Trustee Date: Name: Title: gWif-, CITY OF BOZEMAN Date: o`td� � J(Myrih6lich ger ATTEST: ,Pay Mull te: By: Mike Maas • '��' City Clerk ��''..,,,•3,,,.•• Gdffin SANDERS 0 N � Page 2 of 2 18092.112 Dr-RAN Acq. ST E WA RT eo Parcel 33-1 and 33-2 FIGURE 1 1 RIGHT—OF—WAY ACQUISITION WITHIN TRACTS I AND II, PART OF THE SEY/SW% AND A TRACT OF LAND IN THE SW% OF S31, T1S, R6E, P.M.M. PREPARED FOR CITY OF BOZEMAN MARCH, 2022 PREPARED BY 5A N D E RS®N S>1 E WA RT I9 BOZEMAN, MONTANA k I 1 EXISTING a`3 PROPERTY LINE (TYP) x Y' PARCEL 33-2 PARCEL 33-1 TEMPORARY TEMPORARY CONSTRUCTION s I CONSTRUCTION ` PERMIT >' PERMIT (1 sal SQ FT.) Q ; (5.236 SQ.FT.) r It W ml CONSTRUCTION, 0 LIMITS (TYP) NEW CLUSTER -RESET FENCE 4 (APPROX. MAILBOX PUBLIC77 LOCATION APPROX 1 , t Y USE EASEMENT I (TYP) ADJUST EXISTING FENCE TO REMOVE EXISTING END AT RETAINING WALL VEGETATION WITHIN CONSTRUCTION RFSFI LIMITS (TYP) �' CIl1StFR a> .......... MAII HOX € ADJUST EXISTING FENCE TO r END AT RETAINING WALL REMOVE EXISTING REMOVE EXISTING FENCE FFNCF NOTES: 1. AERIAL IMAGE LOCATIONS ARE APPROXIMATE AND MAY NOT BE EXACT. 2.NEW PROJECT IMPROVEMENT LOCATIONS ARE PRELIMINARY AND SUBJECT TO CHANGE. R/W LEGEND ®EXISTING ROAD R/W TEMPORARY CONST. PERMIT GRIFFIN DR—R/W ACQ 30 0 30 60 PARCEL 33 NORTH SCnEa;60 18092_.12_ROW EXHIBITS.DWG 18092.12 3/31/2022 ✓" PLAT7�p 2776570 Page;J1 of 4 05/25/2022 09:30:23 ppf 1 II�fIIiIIIfII1pillINIIIIIIIIIIIplllIIIII lllllllf lee: $32 p0 11111NllNlhll MISc r Return to: Sanderson Stewart 106 East Babcock, Suite L1 Bozeman, MT 59715 �. BO2 Project Name: Griffin Dr-R/W Acq. City of Bozeman Engineering Division Project No: 18092.12 Public Works Department Parcel No: 33-1 I TEMPORARY CONSTRUCTION PERMIT The GRANTOR, Edgerley Revocable Trust, U/T/D June 14, 2006, C/O Donna B. Edgerley, Trustee, whose address is 305 North Church Avenue, 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 I: All that part of the SE'/SW'/ of Section 31, Township 1 South, Range 6 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, within the following metes and bounds, to-wit: Commencing at a point in the South line of said Section 31, which point is 400 feet West of the Southeast corner of the SW'/, of Said Section 31; Thence North 10 01' West, 30 feet to the I' point of beginning; Thence continuing North V 01' West, 551 feet; Thence South 82' 40' East, 199.40 feet; Thence South 20 07' East, 523.40 feet; Thence West 207.63 feet to the point of beginning, according to plat recorded in book 130 of deeds, page 11, records of Gallatin County, Montana; Said temporary construction permit is depicted on Exhibit A attached hereto and more particularly described as: Beginning at the Southeast corner of the permit herein described, being a point on the North right-of-way of East Griffin Drive and the Southeast corner of Tract I, said point of beginning; Thence,from said point of beginning, N 890 17' 10"W, 207.68 feet along the North right-of-way of East Griffin Drive to the West line of Tract 1; Thence, N 00' 15' 41" E, 14.39 feet along the West line of Tract I; Thence, S 890 17' 11" E, 74.60 feet; Thence, N 000 42' 49" E, 35.00 feet; Thence, S 89° 17' 11" E, 60.00 feet; Thence, S 000 42' 49"W, 35.00 feet; Thence, S 890 17' 11" E, 64.30 I feet; Thence, N 12° 50' 18" E, 35.80 feet to the East line of Tract I; Thence, S 000 52' 45" E, 49.41 feet along the East line of Tract I to the North right-of-way of East Griffin Drive and the point of beginning, and containing 5,236 sq.ft., more or less, as shown on Exhibit A; l S A N D E R S O N (� Griffin Dr-Ft/W Acq. r Page 1 of 3 18092.12 S T E WA R T Q. Parcel 33-1 t delineated as to said tract of land on the exhibit attached hereto and made a part hereof as Exhibit A of I this instrument and designated as Parcel 33-1. Said parcel, containing 5,236 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 Griffin Dr-R/W Acq. 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. EDGERLEY REVOCABLE TRUST, U/T/D June 14,2006, CIO Donna B. Edgerley,Trustee ame: Lt�t ✓eey Title: tt,S I,e t p cr fi,.- r—,�,,ie y j&�t_ ACKNOWLEDGMENT OF GRANTOR State of K"Vug } }ss. County of 6447) On this hjt day of_1-Q.4 , 20 , before me, the undersigned, a N,o..tary Public in and for the said State, personally yappeared the GRANTOR, PR AI r�A rol ,)eV , the - title of Edgerley Revocable Trust, U/T/15 June 14, 2006, C/O Donna B. Edgerley, Trustee, 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 fre v"ntary act of said GRANTOR, with full authority to do so and with full knowledge of its contets, for the uses and purposes therein mentioned. ✓� IN WITNESS WHEREOF, I have hereunto set my hand and aff' ed my o ' 1 seal this day year above written. ANTHONY'DO Notary ignat e 9NY ..� 4`�, Notary Publlo for the State of MontAntl Notary Printpd Name `,;5� 1i,, 9ozeman, Malter7� Notary Public for the State of MYC;ommtadv 6WJrQ; ,: yir "Hr�'Q January 30,24 a • � Residing t. My Commissioyt'`Expires: / !20 Griffin Dr-R/W Acq. SANDERSON(t Page 2of3 18092.12 S T E WA R T o-w Parcel 33-1 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 4itynagZ ich '� ATTEST: � •' *'4. �':., :1 ,1 By: Mike Maas City Clerk ��, .,18£3:3 IV 0 State of Montana ) )ss. County of Gallatin ) The foregoing instrument was acknowledged before me this �-P day of Wlu 2022—by l Jeff Mihelich and Mike Maas, known to me to be the City Manager and City Clerk fG4 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. �qL 0!�"A-6 Notary Signature line �O�U lt�r0 ho'Ar nbPk-.�) (Seal) Notary Printed Name Notary Public for the State of- O Cap r1C., _ Residing at: bCiZ'6ry1 rl TAYLOR CHAMBERS Notary Public My Commission Expires:_Q _/ l2 /20 "T'00 ARIAS ptA for the State of Montana S>f AI Residing at: . Bozeman; Montana My Commission Expires: January 12,2025 Griffin Dr-RMl Acq. S A N D E R S O N Page 3 of 3 18092.12 S T E WA R T Parcel 33-1 �i Ili f i EXHIBIT TEMPORARY CONSTRUCTION PERMIT WITHIN TRACT I, A PART OF THE SE14SW14 AND A TRACT OF LAND IN THE SW1/ OF S31, T1 S, R6E, P.M.M. PREPARED FOR CITY OF BOZEMAN MARCH, 2022 PREPARED BY SAN©ERSON STEWART BOZEMAN, MONTANA I ;I ! �vMTA� TRACT I, A PART OF THE SE9SV0A AND A TRACT OF I MICHAELr�D�E�A�N LAND IN THE SW'x OF S31, T1S. MI eaIifIT&M R6E, P.M.M. Sa St�r?LS / 189 L1 N 89' 17' 10" W, 207.68 FEET 0 A 0 ' I L2 N 00' 15' 41" E, 14.39 FEET SAL LPG L3 S 89' 17' 11" E, 74.60 FEET L4 N 00° 42' 49" E, 35.00 FEET IL5 S 89' 17' 11" E, 60.00 FEET L6 S 00° 42' 49" W, 35.00 FEET I 1-7 S 89" 17' 11" E, 64.30 FEET TRACT II, A PART OF THE SEXSWX AND A TRACT OF r< L8 N 12' 50' 18" E, 35.80 FEET LAND IN THE SWX OF S31, T1S, w r " R6E, P.M.M. L9 S 00' 52 45 E, 49.41 FEET I EXISTING PROPERTY I/ PARCEL 33-1 LINE (TYP) ((( TEMPORARY CONSTRUCTION / PERMIT i (5,236 SQ.FT.) 1 [ fL5 TRACT 36 NORTHEAST If ... 11 ANNEXATION (PLAT J 20) co J J .,.,.,....,,L3,....,...,.. L7 J N i i i i iii ii ii iii ....... i POS j GRIFFIN DR. R/W LEGEND ® EXISTING ROAD R/W TEMPORARY CONST. PERMIT GRIFFIN DR—R/W ACQ 30 o so so PARCEL 33-1 MONTH SCAMI:w 1BO92_12_ROW EXHIBITS.DWG 18092.12 3/31/2022 E t ' .i- PLATTED 2776571 Page 1 of 4 05/25/2022 09:30:23 AM Fee: aa32.00 Eric Semerad - Gallatin County, MT MIso I illllll IIIIII 111 III�IIIII MINI Ilfl IIII IIIII flNl IIIII IIIlII!III IIIII IIII IIII Ills Return to: Sanderson Stewart 106 East Babcock, Suite L1 Bozeman, MT 59715 / iaoz� Project Name: Griffin Dr-R/W Acq. City of Bozeman _ Engineering Division Project No: 18092.12 IL• , . � j Public Works Department Parcel No: 33-2 ' 0 rip�T�II�/ s S F TEMPORARY CONSTRUCTION PERMIT t The GRANTOR, Edgerley Revocable Trust, U/TID June 14, 2006, C/O Donna B. Edgerley, Trustee, whose address is 305 North Church Avenue, Bozeman, MT 69715, 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 I I: A tract of land situated in the SW% of Section 31, Township 1 South, Range 6 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, more particularly described as follows: Beginning at a point which is South 89'25'West a distance of 192.4 feet from the South quarter comer of said Section 31 along the South line of said Section; Thence North 2° 07' West a distance of 553.4 feet; Thence South 82' 40' East a distance of 100.6 feet; Thence South 46' 20' East a distance of 71.0 feet;Thence South 1' 20' East a distance of 366.0 feet; Thence South 89° 25' West a distance of 94.0 feet; Thence South 1° 20' East a distance of 124.0 feet; Thence South 890 25'West a distance of 48.4 feet to the point of beginning, according to plat recorded in book 139 of deeds, page 493, records of Gallatin County, Montana. 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 East Griffin Drive and the Southwest corner of Tract 11, said point of beginning; Thence, from said point of beginning, N 00' 52' 45"W, 49.41 feet along the West line of Tract 11; Thence, S 89' 17' 11" E, 25.00 feet; Thence, S 1 V 21' 04" E, 35.79 feet; Thence, S 890 17' 11" E, 31.51 feet to the East line of Tract 11;Thence, S 00° 13'02" E, 14.40 feet along the East line of G Tract II to the North right-of-way of East Griffin Drive; Thence, N 89' 17' 10" W, 48.39 feet along the North right-of-way of East Griffin Drive and the point of beginning, and containing 1,687 sq.ft., more or less, as shown on Exhibit A; Griffin Dr-WW Acq. SANDERSONd Page 1of3 18092.12 S T E WA R T C® Parcel 33-2 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 33-2. Said parcel, containing 1,687 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 Griffin Dr-R/W Acq. 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 list 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. EDGERLEY REVOCABLE TRUST, U/T/D June 14, 2006, C/O Donna B. Edgerley, Trustee f }� v Name: Wl� � ci�cY Title: `�-✓vS�f ���v�e� fl��,b�e- `�'v.�s�', ACKNOWLEDGMENT OF GRANTOR State of 1? ) )ss. County of t°-n ) On this 1 day of '�`A , 20?Z, before me, the undersigned, a Notary Public in and for the said State, personally Jappeared the GRANTOR, ku' rk, ' 'r e , the title of Edgerley Revocable Trust, /T/D June 14, 2006, CIO Donna B. Edgerley, Trustee, 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 a ' ed my offici eal thi day and y, ar above written. _ otary Signal ine ANTHONY C,tiADDO s ti?"ONY. 04OQ s Notary Public ;•*01'nRIA4,0 ti for ate of Montana Notary Pri ed Name Rlsiding at: * ,SEAL,��= Bozeman, Montana Notary Public for the State of M , a My commission Expires: Residing at: I,,,,,�,�, January 30,2023 . ' My Commissiorl'Expires: / /20 Griffin Dr-RIW Acq. SANDE RSON Page 2of3 Parcel12 STEWART I 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 B •Je the ich C y n ger ^vim Y ATTEST: .................• .�" 13y: Mike Maas City Clerk �0. 10 c._ State of Montana ) )ss. County of Gallatin ) The foregoing instrument was acknowledged before me this 0 day of VA6u 2022by 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 official seal this day and year above written. Notary Signature Line Tau l D y- Gnrlmb e rs (Seal) — J Notary Printed Name _ Notary Public for the State of fttW Q 'y T ✓ Residing at: h?.�YYI<il +rl OMa,y�'% NOVANYp�blin IAwi�[ ff for th®§t§t@ 8#�O�t�`na My Commission Expires: �� I�2 120 Reeidino fit' . �,Ai�; z Bszar €rl��3�M1Anfa COFFI i4i§0P EXPires; 9IAO,r @�Q PA11Jon r�,^s026 S A N D E R S O N(� Page 3 of 3 18092 D2wwr Acy. S T E WA R T,t® Parcel 33-2 f a i i i EXHIBIT A TEMPORARY CONSTRUCTION PERMIT WITHIN TRACT II, A PART OF THE SEY/SWI/ AND A TRACT OF LAND IN THE SW'/a OF S31 , T1 S, R6E, P.M.M. PRFPARFD FOR CITY OF BOZEMAN MARCH, 2022 PREPARED BY SANDERSONSTEWART BOZEMAN, MONTANA V, MICHAEL DEAN Mi eal Sa St� TRACT II, A PART OF THE 189 I Sr%SW% AND A TRACT OF v LAND IN THE SWX OF S31, T1S, I 2022. ( RSE, P.M.M. I / ALRJ� Ir/ TRACT 1, A PART OF THE SEY4SWJ4 AND A TRACT OF LAND IN THE SWA OF S31, T1S, RSE, P.M.M. W/ I L1 N 00` 52' 45" W, 49.41 FEET I PARCEL 33--2 1 W� IL2 S 89" 17' 11" E, 25.00 FEET TEMPORARY L3 S 11' 21' 04" E, 35.79 FEET I CONSTRUCTION L4 S 89" 17' 11" E, 31.51 FEET PERMIT L5 S 00' 13' 02" E, 14.40 FEET ( (1.687 SQ.FT.) I L6 N 89' 17' 10" W, 48.39 FEET EXISTING PROPERTY LINE (TYP) L2 ITRACT 36. NORTHEAST ANNEXATION (PLAT J-20) 14I f " ............. POB L6 RIFFFIN DR. H/W LEGEND ® EXISTING ROAD R/W TEMPORARY CONST. PERMIT GRIFFIN DR--R/W ACQ 30 0 30 60 PARCEL 33-2 NOUN SCAU.i.w 18092_12_Row ExHlalrs.Dwc 18092.12 4/04/2022 so Project Name: Griffin Dr-R/W Acq. f B City of Project No: 18092.12 Engineering Division y $ z Public Works Department Parcel No: 34-1 &34-2 `' CTlN CO- RIGHT-OF-WAY T RIGHT-OF-WAY AGREEMENT This Right-of-Way Agreement (the "Agreement") has been reached this day of h4A✓r.(4 , 2011 between William D. Engbretson Revocable Family Trust, dated the 24 day of November, 2019 (hereinafter the GRANTOR"), the owner of a tract of land situated in the Southwest Quarter (Sw'/) of Section 31, Township 1 South, Range 6 East, P.M.M., Gallatin County, Montana, said tract also known as Tract 36 of the Northeast Annexation to the City of Bozeman (Plat J- 20), according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana (Deed Reference: Film 1 Page 1754), and the City of Bozeman, a Municipal Corporation of the State of Montana (hereinafter the "GRANTEE"), for the purchase of said property interest(s). The compensation amount to be paid and other considerations to be given in full satisfaction of this Agreement are as follows: Compensation: Parcel 34-1: Public Use Easement 22 s .ft.* $468 Cost to cure: Remove 1 tree and 2 bushes $2,880 Reset fence $1,000 Subtotal $4,348 Parcel 34-2: Temporary Construction Permit 118 s .ft.* $500 Cost to cure: NIA $0 Subtotal $500 Figure 1 Total (rounded) $4,850.00 Considerations: 1. In consideration of the payments herein set forth and the specific agreements to be performed by the parties hereto and written in this Agreement, the parties bind themselves to the terms and conditions stated herein. No verbal representations or agreements shall be binding upon either party. GRANTOR certifies that any known encumbrances on the property are shown on this Agreement. If GRANTOR sells their remaining property prior to the project being constructed, GRANTOR agrees to provide the purchaser(s) with a copy of this entire Agreement and agree to make the sale of their remaining property subject to all the terms and conditions contained in this Agreement. GRANTOR agrees that they will, at the GRANTEE'S request, execute deeds and/or easements required by for all real property agreed to be conveyed by this Agreement. 2. Taxes and special assessments, if any, delinquent from former years, and taxes and special assessments for the current year, if due and/or payable, shall be paid by the GRANTOR. 3. This Agreement embodies the whole Agreement between the parties hereto as it pertains to the real estate, and there are no promises, terms, conditions or obligations referring to the subject matter hereof, other than as contained herein. 4. The GRANTOR hereby agrees that the compensation herein provided to be paid includes full compensation for their interest and the interests of their life tenants, remaindermen, reversioners, liens and lessees, and any and all other legal and equitable interest that are or may be outstanding and said GRANTOR agrees to discharge the same. S A N D E R S O N � Page 1 of 2 1 Griffin2 Dr2-RlVY Acq. ST E WART , Parcel 34-1 &34-2 5. This Agreement shall be deemed a contract extending to and binding upon the parties hereto and upon the respective heirs, devisees, executors, administrators, legal representatives, successors and assigns of the parties, only when the same shall have been approved by the City Manager on behalf of the Public Works Department. 6. The property transfer shall be effective upon acceptance by GRANTOR and GRANTEE, evidenced by the execution of this Agreement by the GRANTOR and GRANTEE and payment of the compensation amount. Of the total amount of compensation hereinabove agreed upon, the sum of$4,850.00 shall be paid upon execution and delivery of a good and sufficient: ® Public Use Easement and ® Temporary Construction Permit. Disbursement of funds will be made in the following manner: GRANTOR Amount of Payment William D. Engbretson Revocable Family Trust $4,850.00 The GRANTOR certifies that there are no known hazardous materials on the property being acquired. The terms of this Agreement are understood and assented to by us and payment is to be made in accordance with the above. WILLIAM D. ENGBRETSON REVOCABLE FAMILY TRUST, dated the 24 day of November, 2019 Date: ( Name: tin}�llq »q mVI Title: 'FuS f8,-, C/ CITY OF BOZEMAN Date: Z VB . J ihelich a ager ATTEST: 0+�.4O&S Date: �/7/,?-o By: Mike Maas City Clerk Griffin Dr-R/W Acq. SANDERSON Alft Page 2of2 18092.12 ST E WA RT®® Parcel 34-1 &34-2 FIGURE 1 RIGHT—OF—WAY ACQUISITION WITHIN TRACT 36, NORTHEAST ANNEXATION (PLAT J-20), A PART OF THE SWY/ OF S31 , T1 S, R6E, P.M.M. PREPARED FOR CITY OF BOZEMAN JANUARY, 2022 PREPARED BY SANDERSON STEWART BOZEMAN, MONTANA i k{ctrt!' 11s t 'r ¢t }i' }I ? 5 { Y +t� --.t.§f}7�524 1:4�t 1 tui 43aCtratkia Yt Q El#xc¢ k4kt tip I I JR LNEPROPERTY � r L l (TYP) W— PARCEL 34 2 { r�r�=� r� � " z�-gar=� �i TEMPORARY s� y � � ,x CONSTRUCTIONt, '' k .'PERMIT z 1 (118 sq ft) ; P REMOVE k PARCEL 34 d }t� } TREE t: P U BLl C USE fim, a e r5- s x DISTURB EASEMENT EXISTING 5 a+t S' LANDSCAPING ` tr ... 1 1 (22 sq ft} tY (ti} S �'t p rs�t r r f+f 3",Nog r( jia�t REMOVE 2 BUSHES 1N NEW EASEMENT/ �. PERMIT AREA a TREE m " s3#z� r t trf �} Uzi v 11r RELOCATE FENCE a a Jz itx,,'L - } z USE EASEMENT i ti} ,'n a u '§ t txt � ii NOTES: �. 1. AERIAL IMAGE LOCATIONS ARE APPROXIMATE AND MAY NOT BE EXACT. 2.NEW PROJECT IMPROVEMENT LOCATIONS ARE g/W_LEGEND PRELIMINARY AND SUBJECT TO CHANGE. ® EXIST]NG ROAD R/W PUBLIC USE EASEMENT TEMPORARY CONST. PERMIT 20 0 20 40 NORTH SCALE:1:40 GRIFFIN DR—R/W ACQ PARCEL 34 18092_12�ROW EXHIBITS-DWG 18092.12 1/21/2022 I �ogsoz Project Name: Griffin Dr-R/W Acq. City of Bozeman Project No: 18092.12 Q Engineering Division Public Works Department Parcel No: 36 ar�N Co TEMPORARY RIGHT-OF-WAY AGREEMENT This Temporary Right-of-Way Agreement (the "Agreement") has been reached this ff " day of 20ZL between the Bozeman Industrial Park Owners' Association, (hereinafter the "GRANTORS"), the owners of Tract A (private road) of Bozeman Industrial Park, a tract of land in Section 31, Township 1 South, Range 6 East, M.P.M., according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana, and the City of Bozeman, a Municipal Corporation of the State of Montana (hereinafter the "GRANTEE"), for the purchase of Temporary Construction Access. The compensation amount to be paid and other i considerations to be given in full satisfaction of this Agreement are as follows: Compensation: Parcel 36: Temporary Construction Access Area 1,799 s .ft.* $500 Cost to cure: None $N/A "Figure 1 Total (rounded) $500.00 Considerations: 1. In consideration of the payments herein set forth and the specific agreements to be performed by the parties hereto and written in this Agreement, the parties bind themselves to the terms and conditions stated herein. No verbal representations or agreements shall be binding upon either party. GRANTORS certify that to the best of their knowledge, any known encumbrances on the property are shown on this Agreement. If GRANTORS sell their property prior to the project being constructed and the termination of this Agreement, GRANTORS agree to provide the purchaser(s) with a copy of this entire Agreement and agree to make the sale of their property subject to all the terms and conditions contained in this Agreement. 2. Taxes and special assessments, if any, delinquent from former years, and taxes and special assessments for the current year, if due and/or payable, shall be paid by the GRANTORS. 3. This Agreement embodies the whole Agreement between the parties hereto as it pertains to the real estate, and there are no promises, terms, conditions or obligations referring to the subject matter hereof, other than as contained herein or within the temporary construction access area. 4. The GRANTORS hereby agree that the compensation herein provided to be paid includes full compensation for the temporary construction access area. 5. This Agreement shall be deemed a contract extending to and binding upon the parties hereto and upon the respective heirs, devisees, executors, administrators, legal representatives, successors and assigns of the parties, only when the same shall have been approved by the City Manager on behalf of the Public Works Department. 6. The temporary construction access area shall be effective upon acceptance by GRANTORS and GRANTEE, evidenced by the execution of this Agreement by the GRANTORS and GRANTEE and payment of the compensation amount. The temporary construction access is in effect for a period beginning the 1st day of construction on the property, and ending two (2) years later, at which time the temporary construction access shall expire and be of no force and effect. Griffin Dr-R/W Acq. S A N D E R S O N Page 4 of 3 18092.12 S T E WA R T OPP- Parcel 36 a FIGURE 1 TEMPORARY CONSTRUCTION ACCESS AREA WITHIN TRACT A (PRIVATE ROAD), BOZEMAN INDUSTRIAL PARK, LOCATED IN S31, T1S, R6E, M.P.M. PREPARED MR CITY OF BOZEMAN MAY, 2021 PREPARED BY SAN D E RS®N ST MART BOZEMAN, MONTANA a LEI Q r EXISTING Q Q PROPERTY LINE PARCEL 36 a Q Iz . 1 (TYPLLI TCMPOftARY [if CONSTRUCTION ; c i j I ACCESS AREA p of k (1,799 SQ.FT) z a_ r� Mzk� � PROPOSED { �^ ,,, „a, CONSTRUCTION!' •� ILIMITS (TYP) , i � f � I f W. GRIFI=IN_ OR NOTES: 1. AERIAL IMAGE LOCATIONS ARE R/W LEGEND APPROXIMATE AND MAY NOT BE EXACT, ® EXISTING ROAD R/W 2.NEW PROJECT IMPROVEMENT LOCATIONS ARE PRELIMINARY AND SUBJECT TO [ TEMPORARY CONST. AREA CHANGE. i P 20 0 20 40 o� GRIFFIN DR-R W ACQ NORTH scaLE:i:4o.aaoi / PARCEL 36 18092 12_ROW EXHIBITS.DWG 18092.12 5/28/2021 s s I r; 7. The GRANTORS and GRANTEE agree that the purpose of the temporary construction access area is for 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 this project as depicted on Figure 1 attached hereto and incorporated herein. t Of the total amount of compensation hereinaLbove agreed upon, the sum of $500.00 shall be paid upon execution and delivery of a good and sufficient: ®Temporary Right-of-Way Agreement. i Disbursement of funds will be made in the following manner: GRANTORS Amount of Payment Bozeman Industrial Park Owners'Association $500.00 there re no known hazardous materials on the roe being acquired. The GRANTORS certify thata property�Y g The terms of this Agreement are understood and assented to by us and payment is to be made in accordance with the above. i r BOZEMAN INDUSTRIAL PARK OWNERS'ASSOCIATION j i , Date: — --�-- ract 1 Proper# weer(CenOy Warehousing, Inc) Name; 06'e,V Title: ifJpflll� Date: Tract 2 Property Owner(S&L World Properties, LLC) Name:Rt1,3eccc cif-Eer Title: OWvtiVj Ct`b Date: Tracts 3A&B Property Owner(Power River Company, LLC) Name: Title: Date: Tract 4 Property Owner(Francis and Kathleen Mahoney Name: Date: Tract 5A Property Owner(Westland Enterprises, Inc) [ Name: Title: ` Griffin Dr-RfVVAcq. SANDERSON Page 18092.12 STEWART M� Parcel36 DocuSign Envelope ID:5F231773-A9DC-469B-B394-9082B671521A f s s 7. The GRANTORS and GRANTEE agree that the purpose of the temporary construction access area is for 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 this project as depicted on Figure 1 attached hereto and incorporated herein. Of the total amount of compensation hereinabove agreed upon, the sum of $500.00 shall be paid upon execution and delivery of a good and sufficient: ® Temporary Right-of-Way Agreement. Disbursement of funds will be made in the following manner: i GRANTORS Amount of Payment Bozeman Industrial Park Owners'Association $500.00 The GRANTORS certify that there are no known hazardous materials on the property being acquired. The terms of this Agreement are understood and assented to by us and payment is to be made in accordance with the above. BOZEMAN INDUSTRIAL. PARK OWNERS'ASSOCIATION s i i Date: Tract 1 Property Owner(Century Warehousing, Inc) Name: Title: Date: Tract 2 Property Owner(S&L World Properties, LLC) Name: Title: lDocuStgned��by: E i(Q{n NOVU A AAA, " 1/3/2022 Asp 77a6cFaF84cs... Date: Tracts 3A&B Property Owner(Mahoney Family Partnership, LP) Name: Shannon Mahoney Title: Member u I Date: I Tract 4 Property Owner(Francis and Kathleen Mahoney Name: Date: Tract 5A Property Owner(Westland Enterprises, Inc) Name: Title: i S A N D E R S O N (lt Page 2 of 3 1 Griffin2 Dr2-Ww Acq. S T E WA R T tOr Parcel 36 I r I 7. The GRANTORS and GRANTEE agree that the purpose of the temporary construction access area Is for 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 this project as depicted on Figure 1 attached hereto and incorporated herein. Of the total amount of compensation hereinabove agreed upon, the sum of$500.00 shall be paid upon execution and delivery of a good and sufficient:®Temporary Right-of-Way Agreement. Disbursement of funds will be made in the following manner: GRANTORS Amount of Pa ment Bozeman Industrial Park Owners'Assoclation $500.00 The GRANTORS certify that there are no known hazardous materials on the property being acquired. The terms of this Agreement are understood and assented to by us and payment is to be made In accordance with the above. BOZEMAN INDUSTRIAL PARK OWNERS'ASSOCIATION Date: Tract 1 Property Owner(Century Warehousing, Inc) Name: Title: Date: Tract 2 Property Owner(S&L World Properties,LLC) Name: Title: Date: Tracts 3A&B Property Owner(Power River Company,LLC) Name: Title: �•- - CIOAMCA"4 /CDate: .20.2 / Tract 4 Property Ow rand,and Kathleen Mahoney Name: Date: Tract 5A Property Owner(Westland Enterprises, Inc) Name: Title: Griffin Dr-RIW Acq. SANDERSONM, Page2of3 18002.12 ST E WA RT M.F Parcel 36 DocuSign Envelope ID:E521F58D-2E65-44B2-815E-E978A1C051D4 �. i 7. The GRANTORS and GRANTEE agree that the purpose of the temporary construction access area is for 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 this project as depicted on Figure 1 attached hereto and incorporated herein. _ I Of the total amount of compensation hereinabove agreed upon, the sure of $500,00 shall be paid upon execution and delivery of a good and sufficient: ® Temporary Rlght-of-Way Agreement. Disbursement of funds will be made in the following manner: GRANTORS Amount of Payment i Bozeman Industrial Paris Owners'Association $500,00 The GRANTORS certify that there are no known hazardous materials on the property being acquired. i The terms of this Agreement are understood and assented to by us and payment is to be made in a accordance with the above. BOZEMAN INDUSTRIAL PARK OWNERS'ASSOCIATION Date: Tract 1 Property Owner(Century Warehousing, Inc) Name: Title: € f k r Date: Tract 2 Property Owner(S&L World Properties, LLC) Name: Title: Date: G Tracts 3A&B Property Owner(Mahoney Family Partnership, LP) Name: Shannon Mahoney Title: Member r Date: Tract 4 Property Owner(Francis and Kathleen Mahoney Name: DocuSigned by., Date: 1/4/2022 Tract 5A Property Owner(Westland Enterprises, Inc) Name: Thomas Simkins Title: Manager Griffin Dr-R/W Acq. SANDERSON Page2of3 18092.12 S T E WA R T� Parcel 36 DocuSign Envelope ID:E521F58D-2E65-44B2-815E-Eg78AlCD51D4 2 I It} F DocuSlgned 6y: Date: 3/4/2022 I Tract 5B Property Owner(Simkins-Hallin Inc) Name:Thomas Simkins Title: Manager i I Date: Tract 6A Property Owner(BHB Real Estate, LLC) Name: Peter Bronken Title: Manager/Member I l I Date: Tract 6B & 7 Property Owner (Bart and Myrna Thompson) Name: f CITY OF BOZEMAN I I r` f i i By: Jeff Mihelich City Manager r` ATTEST: f` Date: By: Mike Maas ' City Clerk ff •� t S B S s i i Griffin Dr-R/W Acq. S A N D E R S O N Page 3 of 3 18092.12 S T E WA R T t® Parcel 36 i Docu5ign Envelope ID:D3225B89-52E6-4142-9795-3F6E782G11G5 a k �I Date: Tract 5B Property Owner(Simkins-Hallin Inc) Name: Title: I �i D11ocuSignneedby': 1 5854�439... Date: Tract 6A Property Owner(BHB Real Estate, LLC) Name: Peter Bronken Title: Manager/Member i Date: Tract 6B &7 Property Owner(Bart and Myrna Thompson) Name: CITY OF BOZEMAN Date: By: Jeff Mihelich City Manager ATTEST: f , I Date: ` By: Mike Maas City Clerk Griffin Dr-R/w Acq. S A N D E R S O N Page 3 of 3 18092.12 S T E WA R T�J Parcel 36 ' f I e C I I I Date: Tract 6B Property Owner(East Gallatin Warehousing, LLC) Name: Title: Data: Tract 6A Property Owner(BHB Real Estate, LLC) Name: Title: Date; Tra t 6B &7 Property O or(Bart and Myrna Thompson) Name: CITY OF BOZEMAN It - r Date: y J i ihelich y nager ATTEST: Date: By: Mike Maas City Clerk Gd fln Dr-RNV Acq. S A N D E R S O N Page 3 of 3 18092.12 n iv^P 1 l l A