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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 �T�nr co. 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