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Home My WebLink About20- Right-of-way Agreement - LeEtta L. Loterbauer - Babcock Fowler Parcel 1-1 sf8°z� j Project Name: Babcock/Fowler y City of Bozeman Improvements Engineering Division Public Works Department 11Proect No: 18045 '''N °• °� Parcel No: 1-1 I RIGHT-OF-WAY AGREEMENT This Flight-of-Way Agreement (the "Agreement") has been reached this + day of V 20� between LeEtta L. Loterbauer (hereinafter the "GRANTOR"), the owner of Tract No. 1 of Van Horn Subdivision, a subdivision located in the NW'/SW'/< of Section 11, Township 2 South, Range 5 East, M.P.M., Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana, and the City of Bozeman, a Municipal Corporation of the State of Montana (hereinafter the "GRANTEE"), for the purchase of said property interest(s). The compensation amount to be paid and other considerations to be given in full satisfaction of this Agreement are as follows: Compensation: Parcel 1-1: Public Street and Utility Easement 3,008 s .ft.* Fowler Avenue 1,907s .ft. $ 0 West Babcock Street $11.00/s .ft. ** 1,101 s .ft. $12,111 Cost to cure: $13,200 Landscaping Includes $1,200 for missing tree)** $8,000 Pole Shed (replacement value $1,200 Manufactured Shed reset value; shed to be removed $3,000 1 Small Garden Shed reset by owner)** $500 1 Small Garden Sheds (replacement value $500 Relocation Costs: $7,000 Self-move** $5,200 12-month storage unit** $1,800 *Total easement area;See Figure 1 Total (rounded) $32,350 **Per negotiations Considerations: 1. In consideration of the payments herein set forth and the specific agreements to be performed by the parties hereto and written in this Agreement, the parties bind themselves to the terms and conditions stated herein. No verbal representations or agreements shall be binding upon either party. GRANTOR certifies that any known encumbrances on the property are shown on this Agreement. If GRANTOR sells their remaining property prior to the project being constructed, GRANTOR agrees to provide the purchaser(s) with a copy of this entire Agreement and agree to make the sale of their remaining property subject to all the terms and conditions contained in this Agreement. GRANTOR agrees that they will, at the GRANTEE'S request, execute deeds and/or easements required by for all real property agreed to be conveyed by this Agreement. 2. Taxes and special assessments, if any, delinquent from former years, and taxes and special assessments for the current year, if due and/or payable, shall be paid by the GRANTEE. S A N D E R S O N t:� Babcock/Fowler S T E WA R T Improvements Page 1 of 3 18045 Parcel 1-1 3. This Agreement embodies the whole Agreement between the parties hereto as it pertains to the real estate, and there are no promises, terms, conditions or obligations referring to the subject matter hereof, other than as contained herein. 4. The GRANTEE hereby agrees that the compensation herein provided to be paid includes full compensation for their interest and the interests of their life tenants, remaindermen, reversioners, liens and lessees, and any and all other legal and equitable interest that are or may be outstanding and said GRANTEE agrees to discharge the same. 5. This Agreement shall be deemed a contract extending to and binding upon the parties hereto and upon the respective heirs, devisees, executors, administrators, legal representatives, successors and assigns of the parties, only when the same shall have been approved by the City Manager on behalf of the Public Works Department. 6. The property transfer shall be effective upon acceptance by GRANTOR, evidenced by the execution of this Agreement by the GRANTOR and payment of the compensation amount. 7. The GRANTOR and GRANTEE agree that the GRANTOR will complete the relocation of personal property items from inside the existing pole shed, manufactured shed, and one garden shed, and relocate one existing garden shed at the GRANTOR'S expense. The GRANTOR agrees to complete the relocation efforts within 9-months from the disbursement of compensation funds at closing of the acquisition. 8. The GRANTEE agrees to provide one large dumpster on the GRANTOR'S property for disposal of personal property items removed from the existing sheds at the GRANTEE'S expense for one month, beginning on a date agreed by both the GRANTOR and GRANTEE. The GRANTEE agrees to remove the dumpster after one month and dispose of the contents. The GRANTOR agrees to not dispose of hazardous waste, oils, chemicals, or other items not allowed for disposal at the GRANTEE'S landfill without special permission by the GRANTEE. 9. The GRANTOR and GRANTEE agree that the GRANTOR will relocate one existing garden shed on the GRANTOR'S property outside the proposed right-of-way easement as shown on Figure 1. 10. The GRANTOR and GRANTEE agree that the existing pole shed, manufactured shed, and one garden shed will be removed by the GRANTEE at the GRANTEE'S expense after the 9-month relocation timeline. Upon expiration of the 9-month timeline, the GRANTOR agrees not to enter, occupy, or use the pole shed, manufactured shed, or existing garden shed to be removed at any time. 11. The GRANTOR and GRANTEE agree that the existing trees, bushes and landscaping in the proposed right-of-way easement, and as shown on Figure 1, will be removed during future road improvement projects impacting those features at the GRANTEE'S expense. 12. The GRANTOR and GRANTEE agree that a building permit is not required by the City of Bozeman Planning or Building Department for the GRANTOR to relocate one existing garden shed as shown on Figure 1 unless existing utility infrastructure or utility service connections must be adjusted. If existing utility infrastructure or service connections must be adjusted, the GRANTOR agrees to consult the City of Bozeman Building Department and complete the necessary permits required at the GRANTOR'S expense to adjust the utilities.a Of the total amount of compensation hereinabove agreed upon, the sum of $32,350 shall be paid upon execution and delivery of a good and sufficient: ® Public Street and Utility Easement and ❑ Temporary Construction Permit. Disbursement of funds will be made in the following manner: GRANTEE Amount of Payment LeEtta L. Loterbauer $32,350 The GRANTEE certifies that there are no known hazardous materials on the property being acquired. AM 'FaS A N D E R S O N 0/ Improvements o ement ler S T E WA R T Improvements Page 2 of 3 18045 Parcel 1-1 The terms of this Agreement are understood and assented to by us and payment is to be made in accordance with the above. LEETTA L. LOTERBAUER ' Date: LeEtta L. Loterbauer CITY OF BOZEMAN IV&640/1 Date: —] G -doh 't M, City Manager ATTEST: ate: By: w e Maas _` � • • Interim City Clerk t'. 1�g3 •�� ter.�� • • ■ ■ ■• Lh ,1 i-�, Babcock/Fowler SANDERSON VF Improvements S T E WA R 7 Page 3 of 3 18045 Parcel 1-1 FIGURE 1 PUBLIC STREET AND UTILITY EASEMENT WITHIN TRACT NO. 1 OF VAN HORN SUB., S11 , T2S, R5E PREPARED FOR CITY OF BOZEMAN JANUARY, 2018 PREPARED BY SA N D E RS O N STEWARTO& BOZEMAN, MONTANA 10 WEST BABCOCK STREET I WARRANTY DEED AREA FOR TO CITY COMPENSATION APPROXIMATE - - - - AREA FOR EX. RELOCATION OF - _ I ROAD SHEDS _- - - R/W 'EXISTING MISSING TRI DITCH \ � INCLUDED IN COMPENSATION PARCEL 1 -1 NEW I �` 'PUBLIC STREET I \ GI RESIDENCE I AND UTILITY EASEMENT �� SHED TO BE REMOVED __ t \ SHED TO BE RELOCATED LLJ I I SHED TO BE REMOVED L ,� w EXISTING �' GARAGE > PROPERTY MANUFA— j Q LINE (TYP)I I SHEDED POLE SHED TO BE REMOVED ry i _, AREA 3' RELOCATED , I< 0-FOOT SETBACK FROM SHED NOT I NEW EASEMENT FOR ONE ALLOWED RELOCATED GARDEN SHED POLE EXISTING' FENCE T I1 EX. TRAIL EASE. I , IF ROAD_ EASE. --. 15 0 is 30 CURRENT OWNER: LOT AREA: LeETTA L. LOTERBAUER EX. LOT SIZE 0.260 AC IWWJ NORTH SCALE:1.3O NEW EASE. 0.069 AC REMAINDER 0.191 AC 11402.13 ROW BASE CURRENT.DWG 18045 01/15/19 TG