HomeMy WebLinkAbout22 - Easement Type Unknown - Keller Supply Co - N 19th Ave Shared Use Pathway i
Project Name: N 19th Ave Shared
_ City of Bozeman Use Pathway
Engineering Division Project No: 18092.14
"m Public Works Department
co, Parcel No: 4
RIGHT-OF-WAY AGREEMENT
This— Right-of-Way Agreement (the "Agreement") has been reached this 6 A day of
20LZ -between Keller Supply Co., a Washington Corporation (hereinafter the "
GRANTOR"), the owner of Lot 1 of Tract 5 of Gardner-Simmental Plaza, a tract of land located in the E%
of Section 35, Township 1 South, Range 5 East, M.P.M., 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, less and excepting therefrom that portion conveyed to the State of Montana in bargain and sale
deed recorded January 29, 1993 in Film 129, Page 2510, official records, and further excepting that
portion conveyed to the City of Bozeman by deed recorded April 22, 2005, document No. 2185257,
records 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 4: Trail Corridor Easement 1 8,262 s .ft.* $18,445
Cost to cure: $NIA
•Figure 1 Total (rounded) 1 $18,450.00
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. 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
N 19th Ave Shared
S A N D E R S O N k use Pathway
S`I'E WA RT�, Page 1 of 3 18092.14
Parcel 4
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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 the GRANTEE will install the shared use pathway
improvements at the GRANTEE's cost.
8. The GRANTOR and GRANTEE agree the GRANTOR'S landscaping project is to be completed by
June 30, 2022 prior to the GRANTEE beginning their pedestrian path project.
9. The GRANTEE hereby covenants and agrees to defend and indemnify GRANTOR, its officers,
directors, employees, agents, successors in interest and assigns, and invitees and save them
harmless from any and all damages, injuries, liabilities, losses, costs, or obligations, including, without
limitation, reasonable attorneys' fees, on account of, arising out of, or claimed to result from, entry
upon or use of the Trail Corridor Easement by GRANTEE, its officers, agents, employees, or
contractors, any third party, or the public, however occurring, other than those caused solely by the
willful or negligent acts or omissions of the GRANTOR.
Of the total amount of compensation hereinabove agreed upon, the sum of$18,450.00 shall be paid upon
execution and delivery of a good and sufficient: ® Trail Corridor Easement and ❑ Temporary
Construction Permit.
Disbursement of funds will be made in the following manner:
GRANTOR Amount of Payment
Keller Supply Co. $18,450.00
The GRANTOR agrees that to the best of GRANTOR'S Knowledge, 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.
KELLER SUPPLY CO., a Washington Corporation
l O Z,
Date: �`
Name: �j-1~v�,.Y� L� 7Tca n
Title:
N 19th Ave Shared
SANDERSON40, Use Pathway
S T E WA R T Page 2 of 3 18092.14
Parcel 4
CITY OF BOZEMAN
f j r
Date: f ?�
B e the ich
C M ager
ATTEST:
ate:
By: Mike Maas
OF B
City Clerk .••••••• • •.; �J
VI
S A N DE R S O N 40 N 19th Ave Shared
Use Path
S T E WA R T` Page 3 of 3 18092.14way
Parcel 4
FIGURE I
AN EASEMENT SITUATED IN LOT 1 OF TRACT 5 OF THE GARDNER SIMMENTAL PLAZA
SUBDIVISION,PLAT J-5,LOCATED IN SECTION 35,TOWNSHIP 1 SOUTH,RANGE 5 EAST,
PRINCIPAL MERIDIAN.
CITY OF BOZEMAN, GALLATIN COUNTY,MONTANA
-77
5;
I yys�•i� $ y?t
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Fa
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k 4 L�
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.y PROPOSED TRAIL
i CORRIDOR EASEMENT
r� k v� ti
O �� TRiCT 5 k 5 k,
NOTES:
* s 1. AERIAL IMAGE LOCATIONS ARE
APPROXIMATE AND MAY NOT
' BE EXACT.
2.NEW PROJECT IMPROVEMENT
LOCATIONS ARE PRELIMINARY
AND SUBJECT TO CHANGE.
f"
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EXISTING
PROPERTY LINE
(Tlyp)
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�� RAWHIDE RIDGE �I
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DATE: THE CITY OF BOZEMAN V
FIGURE 1 ENGII KKIUNG DEPARTMEM
1
DRAWN BY: 20 R. 0= --P.O.BOX 1250 ��
N 1 9TH AVE SHARED USE PATHWAY BOZEMAN,MONTANA 59rn-1230
PROJECT No.: PRON8_ (406) 5a2-2280 -- PAY (roe)582—zzas