HomeMy WebLinkAbout03- West Babcock Road, Buck Sr. Right of Way Agreement, 2003
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CITY OF BOZEMAN
West Babcock Road Project Parcel No. I-I County of Gallatin
. RIGHT OF WAY AGREEMENT
A tract ofland situated in NWl/4SW1/4 of Section 11. T.2S.. R.5E.. M.P.M.. Gallatin County.
Montana (Deed reference Film 138 Page 3779) and more particularly described as follows:
All that part of Tract I of Cahill Subdivision, lying northerly of a line that is 32.5 feet southerly, when
measured at right angles from the north line of the SW1I4 of said Section 11; and containing an area of 339
square feet, more or less.
List Names & Address of the Grantor. Contract Purchaser & Lessee
William F. Buck, Sr.
321 Wickiup Dr.
Florence, MT 59833
1. IN CONSIDERATIQN OF THE PAYMENTS HEREIN SET FORTH AND THE
SPECIFIC AGREEMENTS TO BE PERFORMED BY ROTH PARTIES HERETO AND
WRITTEN IN THIS AGREEMENT, THE PARTIES HERETO 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 A DESIGNATED REFRESENT A TIVE OF THE CITY
OF BOZEMAN.
2. COMPENSATION FOR LAND AND IMPROVEMENTS (List acres and/or sq. ft. and
improvements in the acquisition.)
Land: 339 SF
Compensation: 339 SF @ $3.50/SF = $1,186.50 x 1.25 = $1,483.13
Temporary use permit: 1,695 SF @ $3.50/SF X .10 = 593.25
3. TOT AL COMPENSATION FOR PARCEL
$2,076.38
4. IT IS UNDERSTOOD AND AGREED THE CITY SHALL MAKE THE FOLLOWING
DISBURSEMENT OF PAYMENT NOT LATER THAN 30 DAYS FROM THE DATE WHEN
TIDS AGREEMENT IS EXECUTED BY THE CITY OF BOZEMAN.
A warrant in the amount of$2,076.38 to be made payable to
William F. Buck, Sr.and Central Mortgage
321 Wickiup Dr.
Florence, MT 59833
5. The above payment is for the acquisition of the fee estate and a 12.5-foot wide area adjacent
to and southerly of the proposed acquisition for temporary use during construction.
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 Babcock Road
to the property that occurs during the course of the construction project.
(b) Properly repair any other damage of any kind or nature which occurs to any part
or portion of the above described property, whether or not identified in this
Agreement, that occurs as a direct result of the construction.
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7. If the fence is disturbed during construction it will be replaced in as good or better condition.
8. If the septic system is disturbed, to such an extent that it is no longer functional, by the West
Babcock Street improvement project, then the City, during construction of the project, will
replace the functional utility of the septic system area that is disturbed. Ifpossible, the on-
site treatment system will be replaced on the subject lot.
9. The landowner will be permitted to connect to the sewer system on West Babcock only after
payment of any fees, special assessments, etc. associated with the construction of a future
Wilda Lane sewer main. Connection to the West Babcock main will not be permitted prior
to the construction of said sewer main, that extension being long enough to serve all of the
lots on Wilda Lane. The purpose of this condition is to ensure the participation of this
landowner in the extension of a sewer main down Wilda Lane. This agreement is not
intended to supercede part 8 above.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year as
written below.
~MMENDED FOR APPROVAL
4~ t e;-/7/o3
/ Right-of-Way Agent (Date)
~dn~~ #/21/03
l I
(Date)
APPROVED FOR AND ON BEHALF OF THE CITY OF BOZEMAN
~~. ~ \ - 9/2/03
(Date)
A TTESTED TO BY
~9 .2/.03
C erk of the City Commissioners (Date)
APPROVED BY THE LANDOWNER
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Wilham F. Buck, Sr. (Date)