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HomeMy WebLinkAbout219-TempConstructionEasement CONSTRUCTION LICENSE AGREEMENT This Agreement made this�� day of , 20 ZS� , by and between the 8FC LLC (also referred to herein as "Licensor") and Laure Parkway LLC, (also referred to herein as "Licensee") and/or its assigns. In consideration of mutual promises contained in this Agreement, the parties agree as follaws: 1. The Licensor hereby grants to Licensee or its assigns, a license to occupy and use, subject to the terms and conditions stated below, the fifteen (15) feet temporary construction easement adjacent and parallel to the existing 20-foot permanent sewer easement (document insert doc. number here) for installation and maintenance of a sewer force main pipeline,structures, fittings,and appurtenances in a portion of Lot R1B of Norton East Ranch Subdivision, Phase 6 situated in the NE U4 of Section 9, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana and two separate constraction easements for staging and storage in a portion of Lot R1A of Norton East Ranch Subdivision, Phase 6 situated in the NE 1/4 of Section 9, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County,Montana. 2. The location of the temporary easements upon said real property is as depicted in the attached Exhibits B,C,and D which is incorporated and made part of this grant of easement. 3. The above described property may be occupied and used by Licensee solely for the construction and installation of a sanitary sewer mains, structures, fittings, and appurtenances for incidental purposes related to such purpose during the period at the execu�ion of this Agreement and continuing until this Agreement is terminated as provided herein. 4. The parties acknowledge good and valuable consideration for the granting of this license. 5. Licensee or its assigns shall at its sole cost and expense engage in weed control during the time of construction and shall re-seed and vegetate the area of use approved by the license. 6. The Construction License Agreement shall terminate upon complete installation of the sanitary sewer mains, structures, fittings, and appurtenances and restoration of the underlying land,but no more than one (1)year unless otherwise agreed upon by Licensor. 7. This Agreement shall be governed, construed and enforced in accordance with the laws of the State of Montana. 8. Time is of the essence under this AgTeemerit. �age 1 of 2 9. The Agreement shall constitute the entire Agreement between the parties and any prior understanding or representations of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent such understandings or representations are incorporated herein. 10. This Agreement may be modified by the parties upon execution of the modifications in writing. In witness hereof, each party to this Construction License Agreement has caused it to be executed as of the date of signature set forth below. Dated this 2`� day of F,r� , 20 2�� 8FC LLC -Licensor :_ ��.� �,� Its: b'1•�1w,a,�,f,�", yy»,�,,.,� 8�'G G L G Dated this day of , 20 Laurel Parkway LLC - Licensee By: Its: n�. G/�Y.�� Attested: ��C.iOfs�f�Z- �fe.`t�i.�Mf�S` �}Tf�?alE.'� By: /,�¢�, �'���----- Its: �..Jr�.( ��.��- Page 2 of 2 EXHIBIT "B " SHOWING A TEMPORARY CONSTRUCTION BOUNDARY EASEMENT ACROSS A PORTION OF THE LOT R1A OF NORTON EAST RANCH SUBDIVISION, PHASE 6 - PLAT J-694, SITUATED IN THE NE 1/4 OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA ����� ��������°��� S89°31'21"W 117.30' Commencing at the Southeast corner of Lot 1 of Norton East Ranch Subdivision, Phase 6, being the POINT OF COMMENCEMENT, thence S39°21'37"W a distance of 37.64 feet to the �, POINT OF BEGINNING, thence SO°29'09"W a distance of 92.69 feet, thence N90°00'00"E a � distance of 94.10 feet, thence NO°00'00"E a distance of 89.10 feet, thence N87°48'04"W a "' n distance of 93.38 feet to the POINT OF BEGINNING. � L�� S-�FZP s�6 � ��NE N pNP � - - - - - - Said temporary construction easement containing 0.196 acres, more or less. c�n N��p\�1�5�� � s�� o Z S87°48'03"E 120.00' � — — � � IS39°21'37"W 37.64' � — POINT OF BEGINNING POINT OF COMMENCEMENT - - - - - - N87°48'04"W g3.38� � � I, Jon C.Wilkinson, Professional Land Surveyor, License No. 16411 LS, _ � � do hereby certify that I conducted this easement survey. Dated this day of , 2025 Jon C.Wilkinson, PLS, CFedS ����1P � MT Reg.# 16411 LS � o Morrison-Maierle N � � � W � � O O � � m N O = O W � Z z w � w � w EASEMENT AREA � (±0.196 AC) -N- W � � BASIS OF BEARING °a _ � s N90°00'00"E 94.10' Bobcat Coordinate System, - NAD83(2011)per the"Rocky Mountain � Tribal Coordinate Reference System" � September 30�U2014 a des b bequetlt 0 15 30 r revisions. Established by observations Z with survey-grade GNSS receivers. SCALE IN FEET V 3 • PROJECT NO. M o rri so n � 288orecnna�o9yB�vdwest DRAWNBY RSN NORTON RANCH LIFT STATION UPGRADES a ■■ � Bozeman,MT 59718 10678.001 _ # DSGN.BY: LRH gOZEMAN MONTANA � M a i e r I e i APPR BY LRH FIGURE NUMBER � www.m-m.net DATE: 1/24/25 engineers surveyors p�anners scientists EXHIBIT B-TEMPORARY CONSTRUCTION EASEMENT COPVRIGHT:��MORRISON-MAIERLE,2025 EX• B a Pbtted byjon c.wilkinson on Jan/24/2025 EXHIBIT "C" SHOWING A TEMPORARY CONSTRUCTION BOUNDARY EASEMENT ACROSS A PORTION OF THE LOT R1A OF NORTON EAST RANCH SUBDIVISION, PHASE 6 - PLAT J-694, SITUATED IN THE NE 1/4 OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA �,���� ����������� S89°31'21"W 117.30' Commencing at the Southeast corner of Lot 1 of Norton East Ranch Subdivision, Phase 6, rn �P EASEMENT AREA being the POINT OF BEGINNING,thence S87°48'03"E a distance of 58.78 feet, thence n �� ±0.043 AC NO°00'00"E a distance of 33.29 feet, thence S89°31'19"W a distance of 58.99 feet, thence N � �-� � � SO°28'39E a distance of 30.54'to the POINT OF BEGINNING. � �-� � PNG � �. S-�FZ �6 � � ��NEP� PNPS � S89°31'19"W 58.99' _ _ _ _ _ _ _ _ Said temporary construction easement containing 0.043 acres, more or less. N N�� �\S\� SO°28'39"E 30.54' M � Sv�O� � NO°00'00"E 33.29' POINT OF BEGINNING Z � ' S87°48'03"E 120.00' � � � S87°48'03"E 58.78' — — — I I, Jon C.Wilkinson, Professional Land Surveyor, License No. 16411 LS, do hereby certify that I conducted this easement survey. � — Dated this day of , 2025 _ _ _ _ _ _ � � � — _� � Jon C.Wilkinson, PLS, CFedS MT Reg.# 16411 LS Morrison-Maierle I 3 � m _ X W F Z W � W � a w � -N- W � z �, BASIS OF BEARING 0 a U g Bobcat Coordinate System, N NAD83(2011)per the"Rocky Mountain � Tribal Coordinate Reference System" � Handbook and User Guide, Published 0 15 30 � September 30th,2014 and subsequent o revisions. Established by observations Z with survey-grade GNSS receivers. SCALE IN FEET V 3 • PROJECT NO. M o rri so n � 288orecnna�o9yB�vdwest DRAWNBY RSN NORTON RANCH LIFT STATION UPGRADES a ■■ � Bozeman,MT 59718 10678.001 _ # DSGN.BY: LRH gOZEMAN MONTANA � M a i e r I e i APPR BY LRH FIGURE NUMBER � www.m-m.net DATE: 1/24/25 engineers surveyors p�anners scientists EXHIBIT C-TEMPORARY CONSTRUCTION EASEMENT L'V. C COPVRIGHT:��MORRISON-MAIERLE,2025 /� � LJL 1 a Pbtted byjon c.wilkinson on Jan/24/2025 EXHIBIT "D" SHOWING A 15'-WIDE TEMPORARY CONSTRUCTION BOUNDARY EASEMENT ACROSS A PORTION OF THE LOT R1B OF NORTON EAST RANCH SUBDIVISION, PHASE 6 - PLAT J-694, SITUATED IN THE NE 1/4 OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA POINT OF COMMENCEMENT POINT OF BEGINNING � S87°25'40" 375.80' \ N89°31'20"E 56.23' \ � � � \ � — � N69°49'3�8.0= \ s\p,�'� � \ \ � �9 S23 2� � — — � �N85°25'45"W 17.98' /V y S23� \ S2 �\\\ 23 Sg, \ � � \ � \ sso 364 „ \ � 4 � �s 3 , ��`�3 \ sg� �2�" \� �736 2 \� L���1� \ \ \ \ � F�1P 2 \ � �,0� ��\ \ w� \N � EASEMENT AREA `L\ �o � (±0.171 AC) �'o \� �� rn\ � \ w�, N90°00'00"E 18.25'�\ � � S44°05'55"E 28.05' \ NO°00'00"E 24.36'� � — 3 — — — — — — — — — — — — — — — — — � N90°00'00"W 55.76' m _ x w � Z W � w w ]�,��f�� ����������� � -N- W Commencing at the Northeast corner of Lot 1 of Norton East Ranch Subdivision, Phase 6, being the I, Jon C.Wilkinson, Professional Land Surveyor, License No. � POINT OF COMMENCENT, thence S87°25'40"E a distance 375.80 feet to the POINT OF BEGINNING, 16411 LS, do hereby certify that I conducted this easement survey. Q thence N89°31'20"E a distance of 56.23 feet, thence S69°52'30"E a distance of 127.52 feet, thence BASIS OF BEARING g S60°36'44"E a distance of 143.21 feet, thence S22°30'43"E a distance of 136.12 feet, thence Dated this day of , 2025 � S44°05'55"E a distance of 28.05 feet, N90°00'00"W a distance of 55.76 feet, thence NO°00'00"E a Bobcat Coordinate System, N NAD83(2011)per the"Rocky Mountain r distance of 24.36 feet, thence N90°00'00"E a distance of 18.25 feet, thence N22°30'43"W a distance of Jon C.Wilkinson, PLS, CFedS Tribal Coordinate Reference System" = 120.16 feet, thence N60°36'44"W a distance of 136.82 feet, thence N69°52'30"W a distance of 123.58 Handbook and User Guide, Published 0 30 60 � feet, thence N85°25'45"W a distance of 17.98 feet, thence N69°49'30"W a distance of 38.04 feet to the MT Reg.# 16411 LS September 3oth,2014 and subsequent r Z POINT OF BEGINNING. revisions.Established by observations Morrison-Maierle with survey-grade GNSS receivers. SCALE IN FEET V ; Said temporary construction easement containing 0.171 acres, more or less. Y • PROJECT NO. M o rri so n � 288orecnna�o9yB�vdwest DRAWNBY RSN NORTON RANCH LIFT STATION UPGRADES a ■■ � Bozeman,MT 59718 10678.001 _ # DSGN.BY: LRH gOZEMAN MONTANA � M a i e r I e i APPR BY LRH FIGURE NUMBER � www.m-m.net DATE: 1/24/25 engineers surveyors p�anners scientists EXHIBIT D-TEMPORARY CONSTRUCTION EASEMENT EX. D COPVRIGHT:��MORRISON-MAIERLE,2025 a Pbtted byjon c.wilkinson on Jan/24/2025