HomeMy WebLinkAbout21- ROW Supplemental - MDT Rouse Ave - Front St SewerPage 1 of 5
STATE OF MONTANA DEPARTMENT OF TRANSPORTATION
(hereinafter referred to as State, Department, Grantee, and/or MDT)
RIGHT-OF-WAY AGREEMENT
SUPPLEMENTAL
ROW\FORMS\ACQ\200 (Revised 2-8-2013) PE PROJECT ID: STPP 86-1(30)0
Rouse Ave - Bozeman R/W PROJECT ID: STPP 86-1(44)0
DESIGNATION
Gallatin UNIFORM PROJECT No.: 4805-044
COUNTY
Parcel From Station To Station Subdivision Section Township Range
80.1A 44+15±LT
*10+00±LT
47+14±LT
12+65±LT
Lots 1 - 12, Blk 28, Imes’
Addition to Bozeman
6 2S 6E
907 N Rouse, at NW corner of Rouse Ave and *E Tamarack St
List Names & Addresses of the Grantors
(Contract Purchaser, Contract Seller, Lessee, etc.)
OWNER(S):
City of Bozeman
PO Box 1230
Bozeman MT 59771
Chuck Winn o: (406) 582-2307; c: (406) 581-0020
LESEE(S):
N/A
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 and their successors to the terms and conditions stated
herein. No verbal representations or agreements shall be binding upon either party . This agreement is effective
upon execution by the Acquisition Manager or a designated representative, and possession of the property is
granted to the Department when the conveyance documents are filed in Gallatin County. Grantors certify that any
encumbrances on the property are shown on this agreement. If Grantors sell their remaining property prior to the
highway project being constructed, Grantors agree to provide the Purchaser(s) with a copy of this entire Right -of-
Way Agreement and agree to make the sale of their remaining property subject to all the terms and conditions
contained in this Right-of-Way Agreement. Grantors contract that they will, on Department’s request, execute deeds
and/or easements required by Department for all real property agreed to be conveyed by this agreement.
2. COMPENSATION FOR LAND AND IMPROVEMENTS (List acreage and improvements to be acquired.)
460± sf land for necessary right-of-way from Bozeman Safety Center property (Tract B
referred to below)
None
3. OTHER COMPENSATION:
LESS value of MDT’s 4,250.10* sf sewer easement for Front Street Interceptor Sanitary
Sewer Main Replacement (Tract A referred to below)
None
*As part of the City/State Memorandum of Agreement Front Street Interceptor Sanitary Sewer East Main Street
Crossing – May 2020, the City agreed to appraise the 1,293.957 sf “new easement area” outside of the 2,956.143 sf
“current permit area” and compensate MDT accordingly. Since the current permit area is not a permanent land
interest, MDT agreed to prepare the utility easement for the 30-ft x 141.67-ft, or 4,250.10 sf easement area
necessary for the sewer main.
4. TOTAL COMPENSATION (includes all damages to the remainder): $0
5. IT IS UNDERSTOOD AND AGREED THE STATE SHALL MAKE PAYMENT AS FOLLOWS: N/A
6. The purpose of this agreement is to modify the terms of the conveyance of right-of-way from a donation to a land
exchange, at the request of the Grantor. All other terms and conditions of the Right-of-Way Agreement signed March
31, 2020, remain the same.
DocuSign Envelope ID: 72653441-3FEE-44A8-ABBE-0FCAE5988FAA
R/W Project ID: STPP 86-1(44)0 Parcel No.: 80.1.A
(Continued from Previous Page)
Page 2 of 5
7. In lieu of compensation, the parties agree to exchange property as outlined herein.
Exchange Agreement: IT IS UNDERSTOOD AND AGREED THAT THE MONTANA DEPARTMENT OF
TRANSPORTATION, hereinafter referred to as MDT, and CITY OF BOZEMAN, hereinafter referred to as CITY OF
BOZEMAN, AGREE TO EXCHANGE PROPERTY AS FOLLOWS:
TRACT A (MDT property):
A strip of land 30 feet X 141.67 feet situated in the NE¼SW¼ of Section 8, Township 2 South, Range 6 East,
P.M.,M., Gallatin County , Montana as shown by the area outlined in bold black dash lines on Exhibit A, consisting of
1 sheet attached hereto and made a part hereof, containing an area of 4,250.10 square feet, more or less.
TRACT B (CITY OF BOZEMAN property):
Parcel No. 80.1A on Montana Department of Transportation Project STPP 86 -1(44)0, as shown on the Right-of-Way
plan for said project recorded in the office of the County Clerk and Recorder of Gallatin County, Montana. Said
parcel is also described as a tract of land within Lots 12, 11, 10, 9, 8 and 7, Block 28, of the Amended Plat of Blocks
14,15 and 28 of IMES’ Addition to Bozeman, C-41-K in Gallatin, Montana, according to the official plat thereof, on file
and of record in the office of the Clerk and Recorder of Gallatin County, Montana, as shown by the shaded area on
the plat, consisting of 1 sheet, attached hereto and made a part hereof, c ontaining an area of 460 sf, more or less.
The parties recognize and agree that state law allows MDT to exchange property for highway purposes; therefore,
the parties agree as follows:
It has been determined that the estimated values of the exchange tracts are of equal value.
Title Commitments and/or Title Insurance are hereby waived.
8. It is understood and agreed that MDT will execute and file the Utility Easement in the Gallatin County Clerk &
Recorder’s office for recordation.
DocuSign Envelope ID: 72653441-3FEE-44A8-ABBE-0FCAE5988FAA
R/W Project ID: STPP 86-1(44)0 Parcel No.: 80.1.A
(Continued from Previous Page)
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THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT ON THE DATES SHOWN:
Grantor’s Statement: We understand that we are required by law to provide our correct taxpayer identification
number(s) to the Montana Department of Transportation and that failing to comply may subject us to civil and criminal
penalties. We agree to provide our correct taxpayer identification number(s) by submitting a completed and signed W-9
or W-8 form. We further agree and authorize MDT to process the payments outlined in this agreement by withholding a
percentage of the payments as required by the IRS if we fail to submit the W-9 or W-8 forms within 30 days of signing this
agreement.
CITY OF BOZEMAN
Signature: Jeff Mihelich, City Manager (Date) Signature: (Date)
Signature: (Date) Signature: (Date)
RECOMMENDED FOR APPROVAL: APPROVED FOR AND ON BEHALF OF DEPARTMENT:
Therese Iwaniak, Right-of-Way Agent (Date NSOP items approved, if applicable (Date)
Consultant Project or R/W Manager, if applicable (Date) Therese Iwaniak, District R/W Supervisor (Date)
Jerilee Weibel, Acquisition Manager (Date)
DocuSign Envelope ID: 72653441-3FEE-44A8-ABBE-0FCAE5988FAA
1/11/2021
1/12/2021
1/13/2021
R/W Project ID: STPP 86-1(44)0 Parcel No.: 80.1.A
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TRACT A
DocuSign Envelope ID: 72653441-3FEE-44A8-ABBE-0FCAE5988FAA
R/W Project ID: STPP 86-1(44)0 Parcel No.: 80.1.A
(Continued from Previous Page)
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TRACT B
DocuSign Envelope ID: 72653441-3FEE-44A8-ABBE-0FCAE5988FAA