HomeMy WebLinkAbout02- West Babcock Road, Fisher, Right of Way Agreement, 2002
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RIGHT OF WAY AGREEMENT CITY OF BOZEMAN
West Babcock Road Project Parcel No.7 County of Gallatin
A tract ofland situated in SWl/4 of the NW1/4 of Section 11, T.2S.. R.5E., M.P.M.. Gallatin
County. Montana, said tract ofland being more particularly described as follows:
Beginning at a point 910.4 feet, more or less, east of the southwest corner of South Half ofthe Northwest
Quarter(S 1/2NWl/4) and then 30 feet north to a point of beginning: thence north 2.5 feet to a point, thence
east 85 feet to a point and thence south 2.5 feet to a point and thence 85 feet west to the point of beginning,
all of the above described land within the South Hal f of the Northwest Quarter(S I /2NWI /4) of Section
Eleven (11), Township Two (2) South of Range Five (5) East. M. P. M., together with a strip ofland 30
feet in width north and south and 85 feet in length east and west adjoining the hereinbefore described
property on the south, said strip of land being used for road purposes. (Deed reference Book 138 Page 325)
List Names & Address of the Grantor, Contract Purchaser & Lessee
James R. Fisher and Marie Fisher
3] 19 W. Babcock
Bozeman, MT 59715
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 BYA DESIGNATED REFRESENTATlVE OF THE CITY
OF BOZEMAN.
2. COMPENSATION FOR LAND AND IMPROVEMENTS (List acres and/or sq. ft. and
improvements in the acquisition.)
Present Traveled Way: 2,125 SF @ -0-
New acquisition, fee: 213 SF @ $3.50/SF =: $745.50
New acquisition, encumbered fee: 425 SF @ $0.35/SF = $148.75
Compensation: Total $894.25 X 1.25 = $1,117.90
3. TOTAL COMPENSATION FOR PARCEL
$1,117.90
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 of $1,117.90 to be made payable to
James R. Fisher and Marie Fisher
3119 W. Babcock
Bozeman, MT 59715
The above payment is for the acquisition of the fee estate only and does not include any area
outside of the area described.
In addition to the payments set forth above, the City shall cause its contractors to:
(a) Properly repair any damage to any existing driveway leading from Babcock Road to the
property that occurs during the course of the construction project. The driveway size and
approach will remain in its current location.
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(h) 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.
(c) The City may not acquire any additional right-of-way without contacting the landowner.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year as
written below.
APPROVED BY THE LANDOWNER
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Jam s Fisher Marie Fisher ~../ (Date)
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(Date)
APPROVED FOR AND ON BEHALF OF THE CITY OF BOZEMAN
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(Date)
ATTESTED TO BY
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Clerk of the City Gotllmissioners (Date)
STATE OF MONTANA
COUNTY OF GALLATIN
SUBSCRIBED AND SWORN TO BEFORE ME THIS 5 DAY OF FEBRUARY, 2002 BY JAMES AND MARIE
FISHER. ~\\\\\\\\IIII"I"flill/
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