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HomeMy WebLinkAbout96- Oak Street Right of Way Agreement, 1996 , STATE OF MONTANA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY AGREEMENT R/W #28 (Rev. 10/95) P.E. PROJECT I.D. Oak St. - Bozeman R/W PROJECT I.D. M 1299(2) Designation Gallatin UNIFORM PROJECT #0485-02 County Parcel From Station To Station Subdivision section Township Range 26A 32+88 34+37.2 Right NW~SE';4 1 2S 5E List Names & Addresses of the Grantor, Contract Purchaser & Lessee City of Bozeman 411 East Main Bozeman, MT 59715 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. GRhNTOR CERTIFIES THAT ANY ENCUMBRANCES ON THE PROPERTY ARE SHOWN ON THIS AGREEMENT. THIS AGREEMENT IS EFFECTIVE UPON EXECUTION BY THE SUPERVISOR, NEGOTIATION SECTION OR A DESIGNATED REPRESENTATIVE, AND POSSESSION OF THE PROPERTY IS GRANTED TO THE DEPARTMENT WHEN IT SENDS THE PAYMENT(S) AGREED TO BELOW. GRANTORS CONTRACT THAT THEY WILL, ON DEPARTMENT'S REQUEST, EXECUTE A DEED REQUIRED BY DEPARTMENT FOR ALL REAL PROPERTY AGREED TO BE CONVEYED BY THIS AGREEMENT. 2. COMPENSATION FOR LAND AND IMPROVEMENTS (List acres and improvements in the acquired area. ) 2,036 sq. ft. R-3 zoned land by easement $ -0- 3. OTHER COMPENSATION: None 4. TOTAL COMPENSATION (includes all damages to the remainder) : S -o- 5. IT IS UNDERSTOOD AND AGREED THE STATE SHALL MAKE PAYMENT AS FOLLOWS: No Compensation. \ (Continued on Next page) -1- Project I.D. M 1299(2) Parcel No. 26A (Continued from PrevIous Page) We understand that we are required by law to provide our correct taxpayer identification number(s) to the Montana Department of Transportation and that failing to comply may subject us to civil and criminal penalties. We certify that the number(s) below is/are our-. rrect taxpayer i entification number(s) . ~ 9l fJ- b{)O/;J,Jt! Tax I.D. No. t- -7b J>J. ~OO J ;J.J tfJ Signature (Date) Tax I.D. No. Signature (Date) Tax I.D. No. Signature (Date) Tax I.D. No. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the dates shown. FOR APPROVAL: APPROVED FOR AND ON BEHALF OF THE MONTANA ~ DEPARTMENT OF TRANSPORTATION: ~~9ff (Date) Supervisor - Field R/W Section (Date) Supervisor - Negotiation Section (Date) WLN:Q:RW:04B5:407.dlm/1 -~- -, , STATE OF MONTANA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY BUREAU WAIVER OF COMPENSATION l. project ID. : M 1299(2) Designation: Oak Street - Bozeman 2. County: Gallatin City: Bozeman 3. Location of Right-of-way (Section, Township, Range, or Lot, Block and Subdivision) : Portion of the NW~SE~ of Section 1, T2S, R5E (Parcel 26A on -the right-of-way plans) 4. Property Owner(s) : City of Bozeman 5. Waiver by Landowner: The undersigned, having first been informed concerning the right of the property owner to receive payment for land acquired for highway right-of-way, do (es) hereby waive said right and voluntarily agree(s) to donate the right-of- way needed for the above-named road construction project. Dated this 15th day of April , 1996 . By ;i;;;-<VVN'__~ ~ l~\",~ /~. (}~;( ~~ Witness Landowner(s) Distribution: Original to: Montana Department of Transportation Right-of-way Bureau Helena, MT 59601 First Carbon to Acquiring organization (County or Field Right-of-Way Section) Second Carbon to be retained by Landowner(s) WLN:Q:RW:0485:423.dlm/3 ... RW-STf);Form I (,,1 R~v, 1/% Project LD.: M ] 299(2) Parcel No.: 26A County: Gallatin Project No.: 0485-002 EAS E M E N T This Easement made this day of , 1 <)<) , in consideration or the sum of ONE DOLLAR ($1.00) and other good and valuable consideration now paid, the receipt of which is acknowledged, witnesses that, do(es) hereby grant, bargain, sell and convey unto Montana Department of Transportation, an casement for drainage purposes, located within Parcel No. 26A on Montana Department or Transportation Project M 1299(2), as shown on the right-of-way plan for said project on me in the office of the Clerk and Recorder of Gallatin County, Montana. Said easement covers and embraces the following described land: A tract of land within the designated "Park Area" as shown on the plat of Royal Vista Subdivision situated in the NWY1SEI/, of Section 1, Township 2 South, Range 5 East, r.M.M., Gallatin County, Montana, as shown by the shaded area on the plat, consisting of 1 sheet, attached hereto and made a part hereof, containing an area of 2,036 sq. n., more or less. SG:Q:RW:048S:415.dlm-7 ..::: ,~ n Z! cr< r.- oo :2 ~ ., '< s ;; '-' , ;;- Vi' 5 ;; <: - R W-STD:fonn 16.1 -< -< .> '" c ':I'l ::, - Rev, 1196 ...., ~ ~ ::> 3 ;? I ...., g ~ .~ > g 00 Z ;g ::J . Project Ko_ Parcel Ko. ~ ~ "" ~ ~' ., ., " ~ () ~ 0:\ () Designation () C " [ ~ ~ 5 :5 $ -~ ~ ~~ ~ :, County ;::: < ;:;- ., C>. = ciO ~ ::> () () C>. C>. ...., Easement - Individual r; p..- ~ r. 3' ~ <:;::, " () () 1!, < () " 7 g Co ~ U ~ () ~ c. to ~ ~ .:; () l\IO:'.TI.NA DEPART\IE:\T ~ :l '< OF TR.I,NSPORTA nON ~ ~ ~ - ~ ~ F. :'oro - ~ Office of :::: z '-< S. " County Clerk and Recorder ~; ~ ~ County of , /I.-lontana g: ~ c. g ~. ~ ?- '" I here by certify that the with in instrument was tjled for record in ~ :0 '.r. this office on tile day of ,AD. 19 _,at g G - ;:::; :;. () o'clock a" c ~ _.m_. and was duly recorded in Book_ of _ Page(s)_ ~ ~ ~ '" - ~ - '" ~ s;;;- '" rE> ? ;;r.- County Clerk and Recorder ;'::::; ~ " < By: .~ Deputy Indexed _ Recorded _ Compared_ After Recording please mail to: "lontana Department of Transportation Right-of-Way Bureau 2701 Prospect Avenue P.O. Box 201001 Hele na, "IT 59620-100 I . --,~,- _.." :~.,~~ . r pr. f\. ~)T E r; ,.'t , ".'j. I ~:, ~'\ ~ " I \ F. ~ ~,.. ! n} ii,- STATE OF MONTANA DEPARTMENT OF TRAN~PORTAl~8~;y RIGHT-OF-\YAY AGREEMENT 1,_.~"___...:-._._-_--1 R/W #28 (R,'v. 10/95) P.E. PROJECT I.D. OakS\'.. - 1 \Q7.eman R/W PROJECT I.D. M J299(2) Designation Gallatin UNIFORM PROJECT Jt0485-Q2 County " Parcel From Station To Station Subdivision Section Township Range -'- 26A 32+88 34+37.2 Right NW){SE~ 1 2S SE -...- List Names & Addresses of the Grantor, Contract Purchaser & Less~e City of Bozeman 411 East Main '.' Bozeman, MT 59715 l. IN CONSIDERATION OF THE PAYMENTS HEREIN SET FORTH AND TIm SPECIFIC AC k mMENTS TO BE PERFORMED BY THE PAR.TIES HERETO AND WRITTEN IN THIS AGREEMENT, THE Pl J\.TIES BIND - THEMSELVES TO THE TERMS AND CONDITIONS STATED HEREIN. NO VERBAL REPJE:::;ENTATIONS OR AGREEMENTS SHALL BE BINDING UPON EITHER PARTY. GRANTOR CERTIFIES THI,T ANY ENCUMBRANCES ON THE PROPERTY ARE SHOWN ON THIS AGREEMENT. THIS AGREr:ME:NT IS EFFECTIVE UPON EXECUTION BY THE SUPERVISOR, NEGOTIATION SECTION OR A rmSIGNATED REPRESENTATIVE, AND POSSESSION OF THE PROPERTY IS GRANTED TO THE DEPAR'::'MENT WHEN IT SENDS THE PAYMENT(S) AGREED TO BELOW. GRANTORS CONTRACT THAT THEY WH,T.J, ON DEPARTMENT'S REQUEST, EXECUTE A DEED REQUIRED BY DEPARTMENT FOR ALL RE~L PROPERTY AGREED TO BE CONVEYED BY THIS AGREEMENT. 2. COMPENSATION FOR LAND AND IMPROVEMENTS (List acres and improvements in the acquired area. ) 2,036 sq. ft. R-3 zoned land by easement :;; -0- 3. OTHER COMPENSATION: None 4. TOTAL COMPENSATION (includes all damages to the remainder) : S -o- S. IT IS UNDERSTOOD AND AGREED THE STATE SHALL MAKE PAYMENT AS FOLLOWS: No Compensation. -, " C :-nTI'- ':.' f-. "'\. {...... ..,,,-. \ ~,' \,: ! EO vCJj~' y/ ;' ~ (Continued on Next Page) ORin'NAL D \... 1 -1- ,\.:U ATE~~ ~( ;', '-..' ~\ . .. Project I.D. M 1299(2) Parcel No. 261\ (Continued I;rurn Previous Page) ; : We understand that we ace required by law to provide our correct taxpayer identification number(s) to the Montail<l. Department of Tr.ln::;portation and that failing to comply may subject ?s to civil and criminal pcnaltie~. We certify that the number(s) below is/are our co ect taxpay",,-;Ld,''t>' ca tion numbe r (") . X~ ) . L.' ~ g/-{,o2J.d?J R " '=-... -- .A\_,/)~ ) ( -- srz:te ;/ d~ -'-'1 Tax 1.0. No. c.j-/j:- 96 f'/- /, 00 /;;..l JY Signature (Date) Tax I.D. No. Signilture (Date) Tax I.D. No. signature (Date) Tax I.D. No. IN WITNESS WHEREOF, the partie~i hereto hel vc executed this Clgreement on the dates shown. ~ :<;;). ~ '7~ ,.- (Datt.) ~, :, ~~ . Supervisor - Negotiation Section (Date) "",,:""; ~ WLN:Q:RW:0485:407.dlm/l -2- ~}.:" ~, JILJ}I'/,' ~::'a.:' ;",;,(; "" , - ;~.', .. , ' . .._._r..___.,.__........ ,,~'... .- " i r' A~' I "~' '1 j,' '~:,(,. ,j.r t,,{.: r" STATE OF MONTANA DEPARTMENT OF TRANSPORTATro~ if: , i cor~' I ' , " '~II RIGHT-OF-WAY AGREEMENT '.r . t ,. -'~'""------"~ _.~, - R/W ii28 (Rev. 10/95) P.E. PROJECT I.D. Oak St. - Bozeman R/W PROJECT I.D. M 12 9 9J..2l DesiS:lnation Ga1l8..t.in UNIFORM PROJECT #~85-0Z County Parcel From Station To Station Subdivision Section Township Range 35 42+65 44+35 RIGHT NE~SE';4 1 2S 5E 36 42+93.6 44+35 LEFT SE';4NE';4 1 2S 5E List Names & Addresses of thE Grantor, Contract Purchaser & Lessee City of Bozeman 411 East Main Bozeman, MT 59715 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 T~RMS AND CONDITIONS STATED HEREIN. NO VERBAL REPRESENTATIONS OR AGREEMENTS SHALL BE BINDING UPON EITHER PARTY. GRANTOR CERTIFIES THAT ANY ENCUMBRANCES ON THE PROPERTY ARE SHOWN ON THIS AGREEMENT. THIS AGREEMENT IS EFFECTIVE UPON EXECUTION BY THE SUPERVISOR, NEGOTIATION SECTION OR A DESIGNATED REPRESENTATIVE, AND POSSESSION OF THE PROPERTY IS GRANTED TO THE DEPARTMENT WHEN IT SENDS THE PAYMENT(S) AGREED TO BELOW. GRANTORS CONTRACT THAT THEY WILL, ON DEPARTMEN" I S REQUEST, EXECUTE A DEED REQUIRED BY DEPARTMENT FOR ALL REAL PROPERTY AGREED TO BE CONVEYED BY THIS AGREEMENT. 2. COMPENSAT,ON FOR LAND AND IMPROVEMENTS (List acres and improvements in th,o .lcquired area. ) #35 O. 0 " acres commercial land by deed .- -0- ',' #36 O. 0 i; acres commercial land by deed <" -D- .? 3. OTHER COM.)ENSATION: None 4. TOTAL COM] 'ENSATION (includes all damages to the remainder) : $ -o- 5. IT IS UNDERSTOOD AND AGREED THE STATE SHALL MAKE PAYMENT AS FOLLOWS: No compensation. g~rd;~~ELD D~%~ ~~..:1l.g (Continued on Next Page) -1- '~ Project I.D. M 1299(2) Parcel No. 35 & 36 (Continued from Previous Page) We understand that we are required by law to provide our correct taxpayer identification number(s) to the Montana Department of Transportation and that failing to comply may subject us to civil and criminal penalties. We certify that the number(s) below is/are ~_ ract taxpay , ident;jication number(s} , lJ ~)' ,,'~ ~~ 81 - (POO I Z '3 (3 . \\1; ..G..'>- Sign~ ure (Date) Tax I. D . No. Signature (Date) Tax I.D. No. Signature (Date) Tax I.D. No. Signature (Date) Tax I.D. No. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the dates shown. ~N BEHAL~THE MONTANA - ~<;/., :rh' PO TbI-LO : (Date) .'._,.".,,~ Superv~sor - Supervisor - Negotiation Section (Date) WLN:Q:RW:0485:423.dlm/1 -2- , . . . . . . . . . . , "' .:~3,,::,\ Right-of~Way Bureau - Land Section rr:~, F May 6, 1996 City of Bozeman 411 E. Main Bozeman, MT 59715 Subject: Project ID No. M 1299(2) Uniform Project No. 0485-02 Designation Oak St. - Bozeman Parcel No. 26A. 35 & 36 REF: 66~LRJ We are forwarding herewith the certified approved copy of the Right-of-Way Agreement which you may retain for your records. Thank you again for your cooperation in this matter. -/f2n :~ J1::'<-;:/~ ~cting Supervisor-Land Section LRJ:RS:G:RW:76.mb-4 Enclosure