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HomeMy WebLinkAbout01- French, West Babcock Road Project Right of Way Agreement, 2002 ., ~ .~ . CITY OF BOZEMAN, County of Gallatin West Babcock Road Project Parcel No. H(E) RIGHT OF WAY AGREEMENT John Bradley French and Jamie Robot French 3225 West Babcock Bozeman, MT 59715 does hereby GRANT, BARGAIN, SELL, CONVEY, WARRANT AND CONFIRM unto the CITY OF BOZEMAN the following described real property, to~wit: A tract ofland situated in SWl/4NWl/4 of Section I L T.2S.. R.5E.. M.P.M.. Gallatin County. Montana (Deed Reference Film 126 Page 3687) and more particularly described as follows: All that part of Tract 3A ofc.a.S. 1069A lying southerly ofa line that is 32.5 feet northerly, of the south line of the SWll4NWI!4 of said Section ii, when measured at right angles in a northerly-southerly direction from said south line of said SWl/4 NWI!4; and containing an area of 543 square feet, more or less. List Names & Address of the Grantor. Contract Purchaser & Lessee John Bradley French & Jamie Robot French 3325 West Babcock Street Bozeman, MT 59718 1. IN CONSIDERATIQN 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 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 REFRESENTATIVE OF THE CITY OF BOZEMAN. 2. COMPENSATION FOR LAND AND IMPROVEMENTS (List acres and/or sq. ft. and improvements in the acquisition.) Land: 543 SF (Total) Compensation: 308 SF @ $3.50/SF = $1,078.00 235 SF @ $2.00/SF = 470.00 Total $1,548.00 x 1,25 = $1.935.00 . . 3. TOTAL COMPENSA nON FOR PARCEL $1,935.00 4. IT IS UNDERSTOOD AND AGREED THE CITY SHALL MAKE THE FOLLOWING DISBURSEMENT OF PAYMENT NOT LATER THAN 30 DA YS FROM TIIE DATE WHEN THIS AGREEMENT IS EXECUTED BY THE CITY OF BOZEMAN. A warrant in the amount of$I,935.00 to be made payable to John Bradley French and Jamie Robot French 3325 West Babcock Street Bozeman. MT 59718 5. The above payment is for the acquisition ofthe fee estate only and does not include any area outside of the area described. 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. 7. Grantor and grantee agree that the two existing access points will be continued in their present location. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year as written below. Right-of- Way gent 2-<<e For Engineering ivision APPROVED BY THE LANDOWNER ~~ ~ ~{)I Jo d Jamie Robot french (Date) APPROVED FOR AND ON BEHALF OF THE CITY OF BOZEMAN ~ "--,.' ..... "\,...~ 03- 04- 02 \., .".".'-""'''10 <' (Date) A TTESTED TO BY ()~ / M4~ 03-04-02 Clerk of the City C9l11I11issioners (Date)