HomeMy WebLinkAbout04- Nash Properties Water Pipe Line Construction Agreement
City of Bozeman
Water Pipe Line Construction Agreement
This agreement is dated the ___ t ..~ day of /J1 ~______mn , 2004, by and
between Nash Properties LLC, of 8522 Nash Road, Bozen an, MT 597 I 5(Grantors), theIr
SLlecessors and assigns, and the City of Bozeman, a municipal corporation of the State of
Montana, with offices at 411 East Main Street, Bozeman, MT 59715 (Grantee), its
successors and assigns.
WHEREAS, Nash Properties LLC, of 8522 Nash Road, Bozeman, MT 59715(Grantors),
have fee simple title to Tract 2 of Certifieate of Survey No. 392, (Property)as filed with
the Gallatin County Clerk and Recorder; and
WHEREAS, the City of Bozeman (Grantee), in or about the year 1957, did construct a
water pipe line within the existing easement granted to the City on August 2R, 1957 and
recorded in Misc. Book 17 Page 501, as filed with the Gallatin County Clerk and
Recorder; and
WHEREAS, the City of Bozeman (Grantee), now desires to construct a new water pipe
line within said easement and obtain a temporary construction easement for said new
water pipe line across the aforementioned Property, under the terms and conditions
herein.
WINESSETH:
In consideration of the payments herein set forth and the specific agreements to be
perfi,1rmed by both parties hereto and written into this agreement, the parties hereto bind
themselves to the tenns and conditions set forth herein, No verbal agreements shall be
binding on either party and this agreement shall become eflective upon execution by a
designated representative oftbe Grantee, the City of Bozeman.
TI IE GRANTORS AGREES:
1. The Grantors will allow the Grantee, through its contractor, to utilize a strip of
land 20 feet wide, as a temporary construction easement, ror stock piling rnaterial
and operating equipment. Said temporary casement will terminate upon the
completion of all work related to the construction of the new water pipe line and
the restoration of the area to the standards noted below. Said strip being described
as follows:
A temporary easement for construction purposes over a strip of land 20 feet
wide, lying within the land of the Grantors, the north line of which is the south
line of that easement recorded in Misc. Book 17 Page 501, as filed with the
Gallatin County Clerk and Recorded, said south line being parallel to and
southerly 15 feet distant, when measured at right angles, from the centerline of
said existing water pipe line, as now constructed.
THE GRANTEE AGREES:
1 The Grantee will compensate the Grantors a direct payment of $1,120.00 within
thirty days of accepting this agreement by providing payment to Nash Properties
LLC, and mail it to 8522 Nash Road, Bozeman, MT 59715.
2. The Grantee, through its contractor, will provide the following restoration during
construction:
A. Remove and reinstall fence at approximate Station 218+ 10,
B. Restore stream crossing at approximate S tati on 21 9+75.
C. Remove and reinstall fence at approximate Station 223 175.
D. Return areas noted in Items A, Band C above to existing conditions
including removing and replacing topsoil and re-vegetatc using a native
seed mix.
E. Preserve and protect and existing gravel access road from approximate
Station 202+25 to approximate Station 218+00.
F. Remove and replace topsoil and remove all trash and stones exceeding 3
inches in diameter from area to a depth 01'2 inches.
3, The Grantee, through its contractor, will provide a one year warranty on all
aforementioned work on the project.
4. Grantee will compensate the Grantor $219.00 for crop damage from Station
220+00 to Station 223+40 based on the following:
A. A 30 foot wide strip of ground will be disturbed to the extent that it will
require seeding. This area IS 10,200 square feet or 0.23 acres.
Compensation includes 1000;;) crop loss the first year, 7()l% crop loss the
second year and 30% crop loss the third year. Compensation is based on $
harvesting 5 tons per acre at $ 70.00 a ton for $350.00 per acre per year for
full loss or a total 01'$164.00.
B. A 20 foot wide strip of ground will be disturbed to the extent that no crop
will be harvested the year of construction but the soil will not be disturbed
as to require reseeding, This area is 6,800 square feet or 0.16 acres.
Compensation includes 100% crop loss for the iirst year. Compensation is
based on $350.00 per acre per year lor a total of $ 55.00.
5. Grantee will compensate the Grantor $632.00 for crop loss on Grantor's property
lying south of pipeline based on the following:
A. A hayfield lying south of the pipeline will be inaccessible during
construction and therefore cannot be harvested. This area is 78,561 square
feet or 1.80 acres. Compensation includes 1001!;) crop loss for the first
year. Compensation is based on harvesting 5 tons per acre at $ 70.00 a ton
for $350.00 per acre per year for full loss or a total 01'$632.00.
6. Grantee will compensate the Grantor $269.00 for reseeding the area in Item 4.A
above.
A. Compensation is based upon $80.00 per acre for seed and tilling and
$250.00 mobilization costs.
The signatures below signify the acceptance of the conditions listed above and
recognition that these conditions represent the Cull amount of requirements for the
Grantor's property. The work will be perfon11ed by the Grantec, through a contractor
selected through a competitive bidding process.
c;j;~c .;(A~ (
GRANT- R
STATE OF MONTANA )
) ss.
County of Gallatin )
On this ~ay of , 2 wi , bcfore me the un lersigned, a
Notary Public for the SjtofMon a a, personally appertd, .. ~~ . sK. .
known to me to be the J,lJJp...en.+ of (t)n PO' c...y-~rL/."l!..~
and the person whose nam.e i,s s,ubscribed tl: the within instrumevt and acknowledg~d to
me that he executed the wlthm 111strument for and on behalf of ~-:QPQ'tU.tlt-~LL..
IN WITNESS WHEREOF, I have hereunto set my hand and affixed IllY Notarial
Seal the day and year f~rst above written.
(SEAL)
(Printed Name
Residing at
My Commission W 120m
CITY OF BOZEMAN
~~
~.,."",,..---
Ron Brey, Actll y Manager
ATTEST: ~
~_J ~m.u__
Clerk of the City Commission
ST A TE OF MONTANA )
ss.
County of Gallatin ) i/l
On this /9 If' day of \ Llh"" , 2004, before me, a Notary Public
101' the State of Montana, personqJ!:1appp{lred RON BREY and ROBIN L. SULLIVAN,
known to me to he the Acting CitY-Manager and Clerk of the City Commission for the
City of Bozeman and the persons whose names are subscrihed to the within instrument,
and acknowledged to me that they executed the same fl.)}' and on hehal r ofthe City 0 f
Bozeman.
IN. W ITN E. SS WI IERE~)F, I have hereunto s..et.. t ~ / Y.' hant:l~ affixed m. y seal on
the day and year first above wntten. _ "d;;. _~
(SEAL) ///#ot7 Public for the State of Montana
../ ./i:.j fA /-:J. j!4 f t /r__
(Printed Name)
Residing at Bozeman, Montana
My Commission Expires:L/ _ /<-,j /20J 7
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