HomeMy WebLinkAbout22 - Right-of-way Agreements - Michael C. Rubie - Public Use Easements and Temporary Construction Permits I 1 '
�oF8O2� Project Name: Griffin Dr-R/W Acq.
City of Bozeman Project No: 18092.12
* j. Engineering Division
Public Works Department Parcel No: 28-1, 28-2, 30-1 & 30-2
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RIGHT-OF-WAY AGREEMENT
This Right-of-Way Agreement (the "Agreement") has been reached this day of
M" , 202?, between Michael C. Ruble (hereinafter the "GRANTOR"), the owner of
Tract 39-A-1 of Certificate of Survey No. 1211 (Parcel 28-1 & 28-2) and Tract 39B of Certificate of Survey
No. 983 (Parcel 30-1 & 30-2), 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 28-1: Public Use Easement 148 s .ft.* $1,250
Cost to cure: None N/A
Parcel 28-2: Temporary Construction Permit 4,938 s .ft.* $500
Cost to cure: None N/A
Subtotal (rounded): $1,750
Parcel 30-1: Public Use Easement 258 s .ft.* $2,250
Cost to cure: None N/A
Parcel 30-2: Temporary Construction Permit 5,093 s .ft.* $500
Cost to cure: None N/A
Subtotal (rounded): $2,750
Figures 1 and 2 Total (rounded) $4,500.00
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 GRANTOR.
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 GRANTOR 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,
Griffin Dr-R/W Acq.
S A N D E R S O N Page 1 of 2 18092.12
S T E WA R T Parcel 28-1,28-2,
30-1 &30-2
liens and lessees, and any and all other legal and equitable interest that are or may be outstanding
and said GRANTOR 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 and GRANTEE, evidenced
by the execution of this Agreement by the GRANTOR and GRANTEE and payment of the
compensation amount.
7. The GRANTOR and GRANTEE agree a 6-ft chain-link fence with privacy slats will be installed along
the West line of the GRANTOR'S property by the adjacent property owner. Both parties further agree
the GRANTEE will cause a new barbed wire fence to be installed on top of the 6-ft chain-link fence
along the west line of the GRANTOR'S property following current City codes (Sec. 38.350.060) at the
GRANTEE'S expense.
Of the total amount of compensation hereinabove agreed upon, the sum of$4,500.00 shall be paid upon
execution and delivery of a good and sufficient: ® Public Use Easements (2) and ® Temporary
Construction Permits (2).
Disbursement of funds will be made in the following manner:
GRANTOR Amount of Payment
Michael C. Rubie $4,500.00
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.
MICHAEL C. RUBIE
Date:
Michae u Fie
CITY OF BOZEMAN
Date:
Mihelich
ty nager i.. ....
ATTEST: 6j; •, •
s
Date: I q aoaa
By: Mike Maas ••''' S``'C
City Clerk Co. r fir'
Griffin Dr-R/W Acq.
S A M D E R S O N � Page 2 of 2 18092.12
ST E WART 4 Parcel 28-1,28-2,
30-1 &30-2
FIGURE 1
RIGHT—OF—WAY ACQUISITION
WITHIN
TRACT 39A-1 , COS 1211 ,
S6, T2S, R6E, M.P.M.
PREPARED FOR CITY OF BOZEMAN MARCH, 2021
PREPARED BY SANDERSON STEWART A BOZEMAN, MONTANA
SD
W. GRIFFIN DR.
— SD
SD
— w .... .............
— �11 :€:
i ..
i
PROPOSED
CONSTRUCTION'
LIMITS (TYP)
PARCEL 28-2 I
i TEMPORARY
' CONSTRUCTION I I
PERMIT
(4,938 SQ.FT.)
6-ft chain-link fence I I
with barbed wire top PARCEL 28-1
PUBLIC USE
EASEMENT I
(148 SQ.FT.)
EXISTING
PROPERTY LINE I I
(TYP)
NOTES:
1. AERIAL IMAGE LOCATIONS ARE R/W LEGEND
APPROXIMATE AND MAY NOT BE EXACT.
2. NEW PROJECT IMPROVEMENT LOCATIONS ® EXISTING ROAD R/W
ARE PRELIMINARY AND SUBJECT TO
CHANGE. PUBLIC USE EASEMENT
TEMPORARY CONST. PERMIT
25 0 25 50
NORTH SCALE:1:50 GRIFFIN DR-R/W ACQ
PARCEL 28
18092_12_ROW EXHIBITS.DWG 18092.12 3/9/2021
FIGURE 2
RIGHT-OF-WAY ACQUISITION
WITHIN
TRACT 39B, COS 983,
S6, T2S, R6E, M.P.M.
PREPARED FOR CITY OF BOZEMAN MARCH, 2021
PREPARED BY SANDERSON STEWART tj BOZEMAN, MONTANA
AIV
SD sl so
W. GRIFFIN DR.
X„ „,,,,,,,,,,,,,,,,<� ............
X,
PROPOSED
CONSTRUCTION
LIMITS (TYP)
I
EXISTING I PARCEL 30-2
STORM
MANHOLE TEMPORARY
TO REMAIN CONSTRUCTION
IPERMIT
(5,093 SQ.FT.)
II PARCEL 30-1
PUBLIC USE
IEASEMENT I
(258 SQ.FT.)
I
I EXISTING ; I
PROPERTY LINE
I (TYP)
NOTES:
1. AERIAL IMAGE LOCATIONS ARE
APPROXIMATE AND MAY NOT BE EXACT. R/W LEGEND
2. NEW PROJECT IMPROVEMENT LOCATIONS
ARE PRELIMINARY AND SUBJECT TO ® EXISTING ROAD R/W
CHANGE. PUBLIC USE EASEMENT
TEMPORARY CONST. PERMIT
L�\ 25 o 25 so
NORTH SCALE:1:50 GRIFFIN DR—R/W ACQ
PARCEL 30
18092_12_ROW EXHIBITS.DWG 18092.12 3/9/2021