HomeMy WebLinkAbout22 - Right-of-way Agreements - Human Resource Development Council of District IX - Public Use Easement and Temporary Construction Permit a Fo � Project Name: Griffin Dr-R/W Acq.
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City of Bozeman Project No: 18092.12
Engineering Division
\�gTJ g -o��= Public Works Department Parcel No: 25-1 & 25-2
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RIGHT-OF-WAY AGREEMENT
This ight-of-Way Agreement (the "Agreement") has been reached this _ram day of
Al✓'J , 202'L between Human Resource Development Council of District IX, Inc., a
Monty a Corporation (hereinafter the "GRANTOR"), the owner of Tract 38 of the Northeast Annexation to
the City of Bozeman, 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 25-1: Public Use Easement 9,113 s .ft.* N/A
Cost to cure: None N/A
Parcel 25-2: Temporary Construction Permit 14,659 s .ft.* N/A
Cost to cure: None N/A
*Figure 1 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.
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.
Griffin Dr-R/W Acq.
S A N DE R S O N �� Page 1 of 2 18092.12
S T E WA R T Parcel 25-1 &25-2
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 that the GRANTEE will reset the portions of existing fence
within the temporary construction permit to the temporary construction permit line at the GRANTEE'S
expense (as shown on Figure 1). Further, both parties agree the GRANTOR will remove the existing
fence after construction of the project improvements is complete.
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: N Public Use Easement and N Temporary Construction
Permit.
Disbursement of funds will be made in the following manner:
GRANTOR Amount of Payment
Human Resource Development $0.00
Council of District IX, Inc.
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.
HUMAN RESOURCE DEVELOPMENT COUNCIL OF DISTRICT IX, INC.
Date: h9w"L, I2,��/�
JName: ��
� 1 , I
CITY OF BOZEMAN
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Date: 3 a
Mihelich
ity nager OF �F
E
ATTEST: •, J4
ate:
By: Mike Maas •.;?'„„'� �a�''
City Clerk z vv
Griffin Dr-R/W Acq.
SANDERSONl� Page 2of2 18092.12
S T E WA R T r+ Parcel 25-1 &25-2
FIGURE 1
RIGHT-OF-WAY ACQUISITION
WITHIN
TRACT 38, NORTHEAST ANNEXATION (PLAT J-20),
LOCATED IN N1/2NW1/4, S6, T2S, R6E, M.P.M.
PREPARED FOR CITY OF BOZEMAN MARCH, 2021
PREPARED BY SANDERSON STEWART 6 BOZEMAN, MONTANA
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RESET
EXISTING
- FENCE(TYP) -—
RESET EXISTING _
FENCE TO
CONSTRUCTION
PERMIT LINE(TYP)
.I
PARCEL 25 2
TEMPORARY
CONSTRUCTION
PERMIT
(14,659 SQ.FT.) = •'
PARCEL 25 1
PUBLIC USE
� I
EASEMENT
(9,113 SQ.FT.) PROPOSED 1 W,
l CONSTRUCTION
LIMITS(TYP)
EXISTING LANDSCAPING '� _. '
TO BE REMOVED AS
NEEDED FOR PATH 1
CONSTRUCTION (TYP)
EXISTING .,.,
PROPERTY LINE RESET
(TYP) EXISTING
FENCE(TYP)
- - T - - - - - - - - - - - -
NOTES:
1. AERIAL IMAGE LOCATIONS ARE R/W LEGEND
APPROXIMATE AND MAY NOT BE EXACT.
2.NEW PROJECT IMPROVEMENT LOCATIONS
ARE PRELIMINARY AND SUBJECT TO ®EXISTING ROAD R/W
CHANGE. E PUBLIC USE EASEMENT
TEMPORARY CONST. PERMIT
n ao ea
sULea.ea GRIFFIN DR—R/W ACQ
PARCEL 25
18092_12_ROW EXHIBITS.DWG 18092.12 3/31/2022