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HomeMy WebLinkAbout01- West Babcock Road Project, Parcel No. 10 Right of Way Agreement, 2001 ,. . CITY OF BOZEMAN West Babcock Road Project Parcel No. 10 County of Gallatin . RIGHT OF WAY AGREEMENT A tract ofland situated in SWI/4 NWl/4 of Section 11. T.2S.. R.5E.. M.P.M.. Gallatin County. Montana and more particularly described as follows: All that part of Tract 1 of Van Horn Subdivision, lying northerly of a line that is 32.5 feet southerly, when measured at right angles, of the north line of the S W 114 of said Section 11; and containing an area of 3,250 square feet, more or less. List Names & Address of the Grantor. Contract Purchaser & Lessee Edward L. & LeEtta L. Loterbauer 3324 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 REFRESENTATlVE OF THE CITY OF BOZEMAN. 2. COMPENSATION FOR LAND AND IMPROVEMENTS (List acres and/or sq. ft. and improvements in the acquisition.) Land: 3,259 SF (Total) Encumbered fee 1,100 SF @ $0.35/SF = $ 385.00 Present Traveled Way: 1,000 SF -0- New acquisition: 1,150 SF @ $3.50/SF =: $4,025.00 x 1.25 Compensation: $6,137.50 3. TOTAL COMPENSATION FOR PARCEL $6,137.50 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. A warrant in the amount 01'$6,137.50 to be made payable to Edward L. & LeEtta L. Loterbauer 3324 West Babcock Street Bozeman, MT 59718 5. The above payment is for the acquisition of the 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 qriv~way leading from Durston Road to the propyrty that occurs during the cour~e ~fthe 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. The City of Bozeman will connect the subject property to the City sewer system at no cost to the landowner. The connection will be made at the time that the City constructs the major improvements to West Babcock that are currently being planned. The sewer connection will conform to current standards. The landowner will be responsible for the monthly sewer charge. 8. The landowner agrees to execute an annexation with the City of Bozeman. Fire and street impact fees will not be required with this annexation for the existing improvements. If the landowner does not proceed with annexation within one year then the landowner may have to pay the street and impact fees upon annexation. 9. Once annexed the City agrees to connect the landowner to the City water system at the same time that the sewer connection is made by the City. The landowner will be responsible for payment of the water impact and all connection fees at that time. 10. The City agrees to "Grandfather" any current uses of the subject property. 11. The City agrees to try and save as many trees and shrubs as feasible on the subject property during construction. The landowner acknowledges that this is only an attempt to save trees and shrubs and is not a commitment by the City to save specific trees. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year as written below. For Engineering Division (Date) APPROVED FOR AND ON BEHALF OF THE CITY OF BOZEMAN By: j i -B/13/01 (City Manager) (Date) APPROVED FOR AND ON BEHALF OF THE LANDOWNER r;p ~ 1 ,/ ~L cdud:'LL.Z..~~ Edward L. Loterbauer and LeEtta L. Loterbauer (Date)