HomeMy WebLinkAbout96- Oak Street Right of Way Agreement, 1996
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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.
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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) .
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Tax I.D. No.
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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:
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(Date) Supervisor - Field R/W Section (Date)
Supervisor - Negotiation Section (Date)
WLN:Q:RW:04B5:407.dlm/1 -~- -,
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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~\",~
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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
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RW-STf);Form I (,,1
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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.
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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
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County Clerk and Recorder ;'::::; ~
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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
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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.
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(Continued on Next Page) ORin'NAL D \... 1
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Project I.D. M 1299(2) Parcel No. 261\
(Continued I;rurn Previous Page)
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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 (") .
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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.
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Supervisor - Negotiation Section (Date) "",,:"";
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STATE OF MONTANA DEPARTMENT OF TRANSPORTATro~ if:
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RIGHT-OF-WAY AGREEMENT '.r . t
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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)
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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
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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-
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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