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Home My WebLink About22 - Right-of-way Agreements - Northwestern Corporation - Public Use Easements and Temporary Construction Permits Aptulrn W. city of Bozeman City Clerk PO Hoy: 1230 f3ozcrylan, MT 59771-1230 frog Bozl�,- Project Name: Griffin Dr-RAN Acq. City of Bozeman Project No: 18092.12 Engineering Division Public Works Department �I Parcel No: 26 & 27 Z� Co. RIGHT-OF-WAY AGREEMENT ThisRight-of-Way Agreement (the "Agreement") has been reached this day of . �.foy , 20'.,,'r between Northwestern Corporation, a Delaware Corporation (hereinafter the "GRANTOR"), the owner of Certificate of Survey No. 157-A, containing 6.73 acres, more or less, as filed in the office of the Clerk and Recorder of 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 (Parcel 26) and all that part of the Southeast Quarter of the Southwest Quarter (SE1/4SW1/4) of Section 31, Township 1 South, Range 6 East, M.P.M., included within the following metes and bounds, to wit: beginning at a point in the South line of said Section 31, which point is 1000 feet West of the Southeast corner of the said Southwest Quarter of the said Section 31, and running thence North 1231 feet; Thence East 300 feet; Thence South 1231 feet; Thence West along the South line of said quarter section 300 feet, to the place of beginning (Parcel 27), 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 26-1: Public Use Easement 4,872 s .ft.* N/A Parcel 26-2: Temporary Construction Permit 3,431 s .ft.* N/A Parcel 27-1: Public Use Easement 5,930 s .ft.* N/A Parcel 27-2:Temporary Construction Permit 5,324 s .ft.* N/A *Figure 1 and 2 Total (rounded) $0.00 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. Griffin Dr-RAN Acq. S A N D E R S O N (a Page 1 of 2 18092.12 S T E WA R T �4804vwd Parcel 26&27 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, 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. Of the total amount of compensation hereinabove agreed upon, the sum of $0.00 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 Northwestern Corporation $0.00 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. NORTHWESTERN CORPORATION G Date: Name: I `1 M' fS k Title:,u17 vV441N fifr/� CITY OF BOZEMAN Date: Mihelich lty anager ATTEST: �X GA S Date: `�1 �2 ��S$3,..•'tS By: Mike Maas jA' CO. City Clerk Griffin Dr-R=Acq. SANDE RSON (� Page 2of2 18092.12 S T E WA R T~ Parcel 26&27 FIGURE 1 RIGHT-OF-WAY ACQUISITION WITHIN C.O.S. 157A, LOCATED IN THE SW1/4, S31, T1 S, R6E, P.M.M. PREPARED FOR CITY OF BOZEMAN JULY, 2021 PREPARED BY SANDERSONSTE ART® BOZEMAN, MONTANA 1 ' I I ' EXISTING PROPERTY LINE I (TYP) I PARCEL 26-2 t TEMPORARY I � ' CONSTRUCTION I PERMIT (3,431 SQ.FT.) PARCEL 26 1 t PUBLIC USE EASEMENT (4,872 SQ.FT.) .` PROPOSED CONSTRUCTION1 LIMITS (TYP) ... _.. f= :'::c'�::.:.:.i?.:�::- 5:'?-:''':i:_:. s2^_::"3:-.i:Sv::4i:?:`i i-:iiii:-iicr!;'::?..i:._ i_:`.i::v'5:::!:i i.' i'r,'iii"e::=.:::::•:.::'::::i::Y:'=::::r:::.4::i:: .............ice W. GRIFFIN DR. NOTES: 1. AERIAL IMAGE LOCATIONS ARE W LEGEND APPROXIMATE AND MAY NOT BE EXACT. 2.NEW PROJECT IMPROVEMENT LOCATIONS ARE PRELIMINARY AND SUBJECT TO ® EXISTING ROAD R/W CHANGE. PUBLIC USE EASEMENT TEMPORARY CONST. PERMIT A25 0 25 so GRIFFIN DR—R NORTH sca�:uso W ACQ/ PARCEL 26 18092_12_ROW EXHIBITS.DWG 18092.12 7/1/2021 FIGURE 2 RIGHT-OF-WAY ACQUISITION WITHIN A TRACT OF LAND LOCATED IN THE SE1/4SW1/4 S31 , T1 S, R6E, P.M.M. PREPARED FOR CITY OF BOZEMAN JURY, 2021 PREPARED BY SAN D E RSO N STEWART1411% BOZEMAN, MONTANA I � / EXISTING PROPERTY LINE PARCEL 27-2 O TEMPORARY CONSTRUCTION PERMIT (5,324 SQ.FT.) I � PARCEL 27-1 PUBLIC USE PROPOSED , EASEMENT CONSTRUCTION' i LIMITS (TYP) � (5,930 SQ.FT.) Ztz IN :.....# ; # # l , ; r} ::_ .. .. f � W, GRIFFIN DR. I. ' 1 NOTES: 1. AERIAL IMAGE LOCATIONS ARE W LEGEND APPROXIMATE AND MAY NOT BE EXACT. 2.NEW PROJECT IMPROVEMENT LOCATIONS ® EXISTING ROAD R/W ARE PRELIMINARY AND SUBJECT TO CHANGE. 0 PUBLIC USE EASEMENT TEMPORARY CONST. PERMIT zs o zs so �` NORTH SCALE:1:50.0001 GRIFFIN DR—R/W ACQ PARCEL 27 18092_12_ROW EXHIBITS.DWG 18092.12 7/1/2021