HomeMy WebLinkAbout22 - Right-of-way Agreements - William D. Engbretson Revocable Family Trust - Public Use Easement and Temporary Construction Permit . -
,
City of Bozeman
Engineering Division Project No: 18092.12
Public Works Department Parcel No: 34-1 & 34-2
RIGHT-OF-WAY AGREEMENT
This R Agreement (the "Agreement") has been reached this � day of
. 20� bahween VNUimnn D. En0bretemn Revocable Family Trumt, dated the 24
day of November, 2010 (hereinafter the "GRANTOR"), the owner of a tract of land situated in the
Southwest Quarter (Sw|{) of Section 31, Township 1 Suuth, Range 6 East, P.M.M., Gallatin County,
Montana, said tract also known as Tract 36 of the Northeast Annexation to the City of Bozeman (Plat J-
28), according to the official plat thereof on file and of record in the office of the County Clerk and
Recorder of Gallatin County, Montana (Deed Reference: Film 1 Page 1754\. and the City of Bozeman, a
Municipal Corporation of the State of Montana (hereinafter the ''GRANTEE">, for the purchase of said
property intareet/o>. The compensation amount to be paid and other considerations to be given in full
satisfaction of this Agreement are aufollows:
Cost to cure: Remove I tree and 2 bushes $2,880
Reset fence $1,000
Subtotal $4,348
Parcel 34-2: Temporary Construction Permit 118 sq.ft.* $500
Subtotal $500
^Figure 1 Total (rounded)
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 auUo their remaining property prior to the project being constructed, GRANTOR agrees to
provide the purchaser(s) with u copy of this entire Agreement and ugvao to make the sale of their
remaining property subject hu 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 hobe conveyed by this Agreement.
2. Taxes and special aaoouumante, 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 GRANTOR.
3. This Agreement embodies the whole Agreement between the parties hereto as it pertains to the real
eatuta, and there are no pvumiuoa, termo, conditions or obligations referring to the subject matter
hereof, other than as contained herein.
4. The GRANTOR hereby agrees that the compensation herein provided to be paid includes full
compensation for their interest and the interests of their life tenunto, namuindermen. reversioners,
liens and |euueau, and any and all other legal and equitable interest that are or may be outstanding
and said GRANTOR agrees to discharge the same.
Griffin o,nxmxoq
SAk]DE RSOhJ 40, Page of 1e092.12
S T E WA RT��� Parcel u*-1ao4'o
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 and GRANTEE, evidenced
by the execution of this Agreement by the GRANTOR and GRANTEE and payment of the
compensation amount.
Of the total amount of compensation hereinabove agreed upon, the sum of $4,850.00 shall be paid upon
execution and delivery of a good and sufficient: ® Public Use Easement and ® Temporary Construction
Permit.
Disbursement of funds will be made in the following manner:
GRANTOR Amount of Payment
William D. Engbretson Revocable Family Trust $4,850.00
The GRANTOR certifies that there are no known hazardous materials on the property being acquired.
The terms of this Agreement are understood and assented to by us and payment is to be made in
accordance with the above.
WILLIAM D. ENGBRETSON REVOCABLE FAMILY TRUST, dated the 24 day of November, 2019
Date:
Name: v % Vet
Title: "rMS fe4f�
CITY OF BOZEMAN
Date:
B . J ihelich
a ager
ATTEST:
'" i 6AOLOLS Date: �[ 7/'9
�
By: Mike Maas
City Clerk
S A N D E R S O N (� Page 2 of 2 180 2 D2 R/W Acq.
S T E WA R T�, Parcel 34-1 &34-2
FIGURE 1
RIGHT-OF-WAY ACQUISITION
WITHIN
TRACT 36, NORTHEAST ANNEXATION (PLAT J-20),
A PART OF THE SW1/ OF S31 , T1 S, R6E, P.M.M.
PREPARED FOR CITY OF BOZEMAN JANUARY, 2022
PREPARED BY SANDERSON STEWART ift BOZEMAN, MONTANA
I
!I W
I I >i EXISTING
—
PROPERTY LINE W
(TYP) PARCEL 34-2
TEMPORARY 0
CONSTRUCTION
PERMIT z
(118 sq.ft.)
N
REMOVE I PARCEL 34-1 N j
TREE ! PUBLIC USE DO NOT
DISTURB
EASEMENT EXISTING
'LANDSCAPING
(22 sq.ft.)
REMOVE 2 BUSHES
J IN NEW EASEMENT/ REMOVE
PERMIT AREA TREE
i J
— 1 RELOCATE FENCE ALONG i
ALONG NEW PUBLIC
x
USE EASEMENT
'�-TV -TV P {
I
E. GRIFFIN DR. ,
- - - - - - N
NOTES:
1. AERIAL IMAGE LOCATIONS ARE APPROXIMATE AND MAY
NOT BE EXACT.
2. NEW PROJECT IMPROVEMENT LOCATIONS ARE R/W LEGEND
PRELIMINARY AND SUBJECT TO CHANGE.
® EXISTING ROAD R/W
PUBLIC USE EASEMENT
TEMPORARY CONST. PERMIT
20 0 20 40
NORTH SCALE:1:40 GRIFFIN DR—R/W ACQ
PARCEL 34
18092_12_ROW EXHIBITS.DWG 18092.12 1/21/2022