HomeMy WebLinkAbout99- Bogar Right of Way Agreement, 1999
RIGHT OF WAY AGREEMENT
This Agreement is made and entered into by and between Gary A. Bogar and Wilma F. Bogar,
the owners of a portion of Lot 1, Block A, of Graf s First Rearrangement of Block 6 of Kirk's
Second Subdivision to the City of Bozeman, Gallatin County, hereinafter called the PROPERTY
OWNER, and the City of Bozeman, a municipal corporation of the State of Montana, with
offices at 411 East Main, Bozeman, MT 59771-0640, hereinafter called the CITY.
In consideration of the payments herein set forth and the specific agreements to be performed by
both parties hereto and written in this Agreement, the parties hereto, their heirs, successors and
assigns bind themselves to the terms and conditions set forth herein. No verbal agreements shall
be binding upon either party and this Agreement shall become effective upon execution by the
PROPERTY OWNER and the designated representative of the City.
Full compensation for a Public Street and Utility Easement as shown and described in Exhibits A
and B containing 183 square feet, more or less, shall be made by the CITY to the PROPERTY
OWNER in the amount 01'$1850.00
In addition to the payment set forth above, the CITY shall cause the street improvements
contractor to restore the grade and place grass sod all area within said easement disturbed by the
street construction.
It is understood and agreed the CITY shall make said payment to the PROPERTY OWNER not
later than 30 days from the date when the above~mentioned Street and Utility Easement and this
Agreement is properly executed and delivered to the CITY by the PROPERTY OWNER.
In witness whereof, the parties hereto have executed this Agreement the day, month and year as
written below.
PROPERTY OWNER ACCEPTANCE: 0/77
9-a'l-9,
STATE OF MONTANA )
):ss
County of Gallatin )
On this r9Lf#... day of ~t~~ , 19qq , before me the
undersigned, a Notary Public in and for the State of Montana, personally appeared
, known to me to be the person whose name is subscribed to the
owledge to me that he did execute the same.
Page 1 of 2
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Scal the
day and year first above written.
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CITY ACCEPTANCE:
CITY OF BOZEMAN
by its City t.1anager
ATTEST:
e~JH~
Clerk of the City Commission
STATE OF MONTANA )
)ss.
County of Gallatin )
On this VCfl day of d~ , 1921....., before me, aN otary Public for the State
of Montana, personally appeared CLARK V. JOHNSON and ROBIN L. SULLIVAN, known to
me to be the City Manager and Clerk of the City Commission for the City of Bozeman and the
persons whose names are subscribed to the within instrument, and acknowledged to me that they
executed the same for and on behalf of the City of Bozeman.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
(SEAL)
otary Public for State of Montana
Residing at Bozeman, Montana
My Commission Expires: Iti -/';-'d ~
Page 2 of 2
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EXHIBIT" A"
PUBLIC STREET AND UTILITY EASEMENT
A portion of Lot 1, Block A, of Grafs First Rearrangement of Block 6 of Kirk Second Subdivi-
sion to the City of Bozeman, located in the northwest one-quarter of the northwest one-quarter of
Section 12, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County,
Montana, described as follows:
An irregularly shaped public street and utility easement, bounded by the dedicated right-
of-ways of Durston Road and North Nineteenth Avenue, as shown on Exhibit "B" and
being more particularly described as follows:
Commencing at the northwest comer of Section 12, thence South 88044'22" East, along
said north section line of Section 12, also being the centerline of Durston Road, a distance
of70.52 feet, thence South 02009'21" West a distance 01'30.00 feet to the True Point of
Beginning.
Thence South 88044'22" East along the south right~of-way line of Durston Road, a
distance of 40.07 feet;
Thence leaving said south right-of-way line, South 02009'21" West, a distance of 1.01
feet;
Thence South 84015'58" West, a distance of31.78 feet;
Thence South 3r41 '56" West, a distance of 11.33 feet;
Thence North 88044'22" West, a distance of2.00 feet to a point on the east right-of-way
line of North 19th Avenue;
Thence along said east right-of-way line, North 02009'21 "East, a distance of 14.00 feet,
to the True Point of Beginning.
Containing 183 square feet, more or less.
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. , EXHIBIT "B"
PUBLIC STREET AND UTILITY EASEMENT
A TRACT OF LAND BEING A PORTION OF LOT 1, BLOCK A OF GRAF'S FIRST REARRANGEMENT
OF BLOCK 6 OF KIRK SECOND SUBDIVISION TO THE CITY OF BOZEMAN, IN THE NW1 /4 OF
THE NW1/4 OF SECTION 12, T2S, R5E, P.M.M., CITY OF BOZEMAN, GALLA TIN COUNTY,
MONTANA.
OWN E R ENGINEER BASIS OF BEARING
GARY A. BOGAR MORRISON MAIERLE, INC. NORTH LINE OF SECTION 2
WILMA F. BOGAR P.O.BOX 1113 N89'44'46"E
17001 SHADY HilLSIDE RD. BOZEMAN, MT 59771 CERTIFICA TE OF SURVEY No. 1827
BOZEMAN, MT 59715
~P. O. c. _"';;;::?, _ _ .~_SECTlON LINE _ _ ~ _
I ~NW SEe COR" I DURSTON (ROAD .
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FND BRASS CAP MON. ~_I
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:i: GRAPHIC SCALE I MAIERLE,INC. PI>>lNERS
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20 0 10 20 40 60
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p.o. ... 1111 101 '""""""..... -. III >>m . Phono: (<06) :187-0121 roo: (<06) :187-1111
DRAWN BY: BlF DA TE:9/D2/99 REVlSlOIl DATE:
( IN FEET ) Cl-iECI(ED BY: I(SB DRAWING NO.:
1 inch = 20 ft. JOB NO.: 260~.OO7.0' SHEET , OF ,