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HomeMy WebLinkAbout24 - Easement Type Unknown - LEGENDS AT BRIDGER CREEK II HOMEOWNERS ASSOCIATION INC - Legends at Bridger Creek 2 Phase 3 2840354 Page: 1 of 4 12/02/2024 02:36:01 PM Fee: $32.00 Eric Semerad - Gallatin County, MT MISc Return to: City of Bozeman P.O. Box 1230 Bozeman, MT 59771-1230 CITY OF BOZEMAN PROJECT NAME: BRIDCER CREEK Engineering Division FLOOD AND EROSION CONTROL Public Works Department x. PROJECT#: N/A TEMPORARY CONSTRUCTION PARCEL#:TCE-1 co_ EASEMENT THE GRANTOR, LEGENDS AT BRIDGER CREEK II HOMEOWNERS ASSOCIATION INC, whose mailing address is 40 E Main St., STE 201, Bozeman, Montana 59715-6247, for and in consideration of One Dollar ($1.00), and other valuable consideration, in hand paid, conveys and warrants to the CITY OF BOZEMAN, a Municipal Corporation of the State of Montana, (hereinafter "City") with offices at 121 North Rouse Avenue, Bozeman Montana 59715, its successors and assignees, an unrestricted Temporary Construction Easement in, over, under, along, through, and across the following described real property located in Gallatin County, Montana: Legends at Bridger Creek 2 PH 3, S 32, T 01 S, R 06 E, 10.35 Acres, Open Space 1 Plat J-571. The temporary construction easement within said tract is depicted on the exhibit attached hereto and made a part hereof as Exhibit A of this instrument and designated as Parcel TCE-1. Said parcel, containing 24,563 square feet, more or less, is hereby provided to the City, for the purpose of providing a work area for all manner of activities associated with the adjacent Bridger Creek Flood and Erosion Control project. This work area is required for Installation of a buried rock barrier and berm as shown on the plans prepared by HDR Titled City of Bozeman, Montana Flood and Erosion Control, dated June 25, 2024. Upon completion of said project for which this Temporary Construction Easement is hereby provided, the City shall restore the property as nearly as possible to its original condition. The City agrees to hold Grantor harmless from any and all liability that may result or arise from the exercise of the rights granted hereby. The Grantor hereby covenants with the City that the Grantor has good title to the above- described tract of land, and covenants that the City shall have quiet and peaceable possession thereof and use thereof during the period of the Temporary Construction Easement. This Temporary Construction Easement is in effect for a period beginning upon execution of this Parcel TCE-1 Page 1 of 3 2840354 Page 2 of 4 12/02/2024 02.36.01 PM agreement and ending 2 Years following the completion of construction, at which time this temporary construction easement shall expire and be of no force and effect. LEGENDS AT BRIDGER CREEK II HOMEOWNERS ASSOCIATION INC. By: Print Name p ACKNOWLEDGMENT OF GRANTOR STATE OF M ov\k-a h a ) ) ss County of -�a\\a'lin ) On this 7-Ul"I day of Nbycyyll -cv 2024, before me, the undersigned, a Notary Public in and for the said State, personally appeared the Grantor, %cMavd Pba1L1Cw , the PYcSidtv., - of LEGENDS AT BRIDGER CREEK 11 HOMEOWNERS ASSOCIATION INC, 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. NHA Snr/l TANYA SMITH A% OTAR'q ti NOTARY PUBLIC for the Notary P Llicn for he State of YY1oAbA SEAL State of Montana My Commission Expires: S,d►' 11., 2oa(a Residing at Belgrade,Montana Nyr �P�e My Commission Expires F of Mop September 18,2026 Parcel TCE-1 Page 2 of 3 2840354 Page 3 of 4 12/02/2024 02.36.01 PM CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the CITY OF BOZEMAN, Grantee herein, acting by and through its City Manager, hereby accepts for public purposes the real property, or interest therein, described in this instrument and consents to the recordation thereof. IN WITNESS WHEREOF, I have hereunto set my hand this day of 1 2024. CITY OF BOZEMAN •�� 1Vl0 Parcel TCE-1 Page 3 of 3 2840354 Page 4 of 4 12/02/2024 02:3&01 PM s s a x i yW W � � / ••F�s__ o ¢ $ F < z z z S-a w p A z O C. �E o ¢ �/ _• Q �� �0 P A J m r = f a x o� < o X p °oWFo Z Z ¢� o� 3mC) F Uw a t- 6zo F °zr � o �w < W U x o En = t o C1 W N C 6fr r A U vWFi 7E z x F m F F �� z Q <F¢ zo<W Wy�O �� OV .7 <�m