HomeMy WebLinkAbout01- Durston Road, Ryan Right of Way Agreement, 2001
CITY OF BOZEMAN
Durston Road Project Parcel No.2 County of Gallatin
. RIGHT OF WAY AGREEMENT
One parcel located in the El/2 of the NWl/4, of Section 12, T.2S., R.5E., M.P.M.,
Gallatin County, Montana (Deed reference Filml50, page 262)
AS SHOWN by Exhibit "A", consisting of one sheet, attached hereto and made a part hereof.
List Names & Address of the Grantor. Contract Purchaser & Lessee
William B. Ryan, Jr. and Peggy Lynn Ryan
9350 Walker Road
Belgrade, MT 59714
1. IN CONSIDERATlQN OF TIlE PAYMENTS HEREIN SET FORTH AND THE
SPECIFIC AGREEMENTS TO BE PERFORMED BY ROTH PARTIES HERETO AND
WRIT'fEN IN THIS AGREEMENT, THE PARTIES HERETO BIND THEMSELVES TO
THE TERMS AND CONDITIONS SET FORTH HEREIN. NO VERBAL AGREEMENTS
SHALL BE BINDING UPON EITHER PARry AND THIS AGREEMENT SHALL BECOME
EFFECTIVE UPON EXECUTION BY A DESIGNATED REFRESENT A TIVE OF THE CITY
OF BOZEMAN.
2. COMPENSA TION FOR LAND AND IMPROVEMENTS (List acres and/or sq. 1'1. and
improvements in the acquisition.)
Land: 3,841 SF (Total)
Present Traveled Way: 3,273 SF
New acquisition: 568 SF
Compensation: 568 SF @ $4.00/SF =: $2,272.00
Rounded to $2,300.00
3. TOTAL COMPENSATION FOR PARCEL
$2,300.00
4. IT IS UNDERSTOOD AND AGREED THE CITY SHALL MAKE THE FOLLOWING
DISBURSEMENT OF PAYMENT NOT LATER THAN 30 DAYS FROM THE DATE WHEN
TIllS AGREEMENT IS EXECUTED BY WILLIAM and PEGGY RYAN.
A warrant in the amount of $2,300.00 to be made payable to
William B. Ryan, Jr. and Peggy Lynn Ryan
9350 Walker Road
Belgrade, MT 59714
5. The above payment is for the acquisition of the fee estate only and does not include any area
outside of the area described in Exhibit A.
6. In addition to the payments set forth above, the City shall cause its contractors to:
(a) Properly repair any damage to the existing driveway leading from Durston Road
to the property that occurs during the course of the construction project.
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(b) Properly repair any other damage of any kind or naturc which occurs to any part
or portion ofthe above described property, whether or not identified in this
Agreement, that occurs as a direct result ofthe construction.
7. It is agreed that should a higher per square foot price be negotiated by a landowner in this
project, outside of litigation and court action, the City of Bozeman will pay William B. Ryan, Jr.
and Peggy Lynn Ryan an additional sum equal to the negotiated price less the amount already
paid in this docmnent.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year as
written below.
For City of Bozeman (Date)
APPROVED FOR AND ON BEHALF OF THE CITY OF BOZEMAN
c---- i- ~ - ATTEST:
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Aug. 6, 2001 ~./~
(Date)
er of the ommission
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EXH 1 81 T A
RIGHT-OF-WAY ACQUISITION
SITUA TED IN THE E1/2 OF THE NW1 /4
OF SECTION 12, T. 25., R.5E.
GALLATIN COUNTY, MONTANA
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$00.48'19"E, 28.76' DURSTON ROAD
POB RIGHT-OF - WA Y ACQUISITION DESCRIPTION
PARCEL No. 2
1.24' It-
A tract of land situated in E1/2 of the NW1/4 of
Section 12, T.2S., R.SE., M.P.M.
Gallatin County, Montano said tract being
more particularly described os follows:
, Beginning at the North , /4 corner of Section 12,
0 Township 2 South, Range 5 East, M.P.M., thence SS9"1'41"W
0::: a distance of 730.50 fee.t to the true point of beginning;
thence 500'48'1 g"E 0 di~'tonce of 28.76 feet;
Z thence SS9'16'35"W a. distance of 134.00 feet;
0 thence NOO'48',9"W 0 distance of 28.57 feet;
I- thence N89'1 l' 4,"E 0 distance of 1 34.00 feet to the
c.n true point of beginning said tract contains 3841 square feet.
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FILM 150
PAGE 262
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NOO.48'19"W, 28.57' r z . "
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30 0 30 60
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scale feet
LEGEND
!>>>'XXi RIGHT-OF-WAY ACQUISITION
AREA TO BE ACQUIRED: 3841 S.F. (NEW R/W)
PREP ARED BY: CITY OF BOZEMAN, MONTANA
~ HKM Engineering Inc. RIGHT-OF-WAY PLAT
_ Granite Tower Building
222 N. 32nd St., Suite 700 PROJECT No. ----- PARCEL 2
~ P.O. Box31318
Billings.MT 59107-1318
EN GIN E E R I N G .- (406) 656-6399. FAX (406) 656-6398
RIGHT-Of-WAY PLAN.
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