HomeMy WebLinkAbout03- West Babcock Road Project Right of Way Agreement
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CITY OF BOZEMAN
West Babcock Road Proj ect Parcel No. D(LIB1) County of Gallatin
. RIGHT OF WAY AGREEMENT
A tract ofland situated in NW1/4 of Section 11. T.2S.. R.5E.. M.P.M., Gallatin County,
Montana and more particularlv described as follows:
All that part of Lot I, Block I of Far Western Subdivision, lying southerly ofa line that is 32_5 feet northerly, of the
south line of the NEl/4 of said Section II, when measured at right angles from said south line of the NEI/4; and
containing an area of 339 square feet, more or less.
List Names & Address of the Grantor. Contract Purchaser & Lessee
Carl E. Martin
2601 West Babcock
Bozeman, MT 59718
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.)
New acquisition: 339 SF
Compensation: 339 SF @ $3.50/SF = $1,186.50 x 1.25 = $1,483.15
Temporary permit 711.17
3. TOTAL COMPENSATION FOR PARCEL
$2,194.32
4. IT IS UNDERSTOOD AND AGREED THE CITY SHALL MAKE THE FOLLOWING
DISBURSEMENT OF PAYMENT NOT LATER THAN 30 DAYS FROM THE DATE WHEN
THIS AGREEMENT IS EXECUTED BY THE CITY OF BOZEMAN.
A warrant in the amount 01'$2,194.32 to be made payable to
Carl E. Martin
2601 West Babcock Street
Bozeman, MT 59718
5. The above payment is for the acquisition of the fee estate and a I5-foot wide area adjacent to
and northerly ofthe 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 32' driveway leading from Babcock
Road to the property that occurs during the course of the construction project.
(b) Properly repair any othcr 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.
7. The existing driveway will be maintained in its existing location and size.
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8. The fence and underground sprinkler system within the acquisition area will be replaced
within the remaining ownership of the landowner in as good or better condition.
9. If any portion of the existing septic system is disturbed by the construction, the City during
construction will replace that portion. If any portion of the septic system is in the
acquisition area but is not disturbed by the construction of the project the landowner will
reserve an easement for the septic system on the acquisition area.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year as
written below.
~THELANDOWNER '1;j,3/0P
{; ~~;
arl E. Martin (Date)
APPROVED FOR AND ON BEHALF OF THE CITY OF BOZEMAN
=--1 _\ ~ 10/06/2003
(Date)
ATTESTED TO BY
~J~ 10/06/2003
Clerk of the City Commissioners (Date)