HomeMy WebLinkAbout10- College-11th roundabout, Parcel 2, Colombo Right of Way AgreementCITY OF BOZEMAN College 11 Roundabout Project
A PARCEL OF LAND SITUATED IN THE SOUTHEAST 1/4 SECTION 12, TOWNSHIP 2 SOUTH RANGE 5 EAST,
P.M.M., GALLATIN COUNTY. MONTANA AND BEING PART OF THAT LAND DEEDED TO JOSEPH J. AND JANET
E. COLOMBO BY DEED RECORDED IN BOOK 115, PAGE 4232, RECORDS OF GALLATIN COUNTY, AND IS MORE
PARTICULARLY DESCRIBED AS FO!,) ()WS ALSO BEING SIIOWN UPON 3X111!311 A' .51 LAMED HERETO AND
MADE A PART HEREOF:
BEGINNING AT THE SOUTHWEST CORNER 00 LOT 15 BLOCK 52 OF THE WEST PARK ADDN TO BOZEMAN,
WHICH IS ON THE EASTERLY RIGHT OF WAY OF I ITH AVENUE AND THE NORTHERLY RIGHT OF WAY OF
COLLEGE STREET, SAID POINT BEARS NORTH 2921'39" EAST 66.68 FEET FROM THE SOUTH 1/4 CORNER OF
SAID SEC 010N 12;
THENCE NORTH 02736'26" EAST, ALONG SAID EASTERLY RIGHT OF WAY 89.37 FEET TO THE BEGINNING OF A
179.0 FOOT NON-TANGENT RADIUS CURVE TO THE LEFT, HAVING A RADIAL BEARING OF NORTH 85'33'18"
EAST:
THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 24 AN ARC DISTANCE OF 76.35 FEET
TO THE BEGINNING OF A 49.0 FOOT RADIUS CURVE TO THE LEFT, HAVING A RADIAL BEARING OF NORTH
61 "06'58" EAST;
THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 27`5341 AN ARC LENGTH OF 23.86 FEET TO
THE SOUTH LINE OF SAID LOT AND THE NORTH RIGHT OF WAY OF COLLEGE STREET:
THENCE NORTH 89'07'39" WEST ALONG SAID NORTH LINE 41.86 FEET TO THE POINT OF BEGINNING,
CONTAINING 1247 SQUARE FEET OF LAND, MORE OR LESS. ALL AS SHOWN ON THE ATTACHED DRAWING
WHICH IS HEREWITH INCORPORATED IN AND MADE A PART OF THIS LEGAL DESCRIPTION AND IS SUBJECT
TO ALL EASEMENTS AND RIGHTS OF WAY PERTINENT TO THIS TRACT.
List Names Addresses of the Grantor, Contract Purchaser Lessee
Joseph J. Colombo Janet E. Colombo, joint tenants
74 Hitching Post Road
Bozeman, MT 59715 -9241
1, IN CONSIDERATION OF THE PAYMENTS HEREIN SET FORTH AND THE SPECIFIC AGREEMENTS
TO BE PERFORMED BY BOTH PARTIES HERETO AND WRITTEN IN THIS AGREEMENT.' THE PARTIES
HERETO BIND THEMSELVES TO THE TERMS AND CONDITIONS SET FORTH HEREIN. NO VERBAL
AGREEMENTS SHALL BE BINDING UPON EITHER PARTY AND THIS AGREEMENT SHALL BECOME
EFFECTIVE UPON EXECUTION BY A DESIGNATED REPRESENTATIVE OF THE CITY OF BOZEMAN.
2. COMPENSATION FOR LAND AND IMPROVEMENTS (List acres and or sq. ft. and improvements in the
taking).
Acquisition in Fee: 1.247 ft" (a $19.00:11` $23,693
3. COMPENSATION FOR DAMAGES
RIGHT OF WAY AGREEMENT
Temporary Construction Permit: 1,108 ft' (n $19.00 ft' 1(1 ,ti 2 years $4_
Landscaping: $2,500
4. TOTAL COMPENSATION FOR PARCE
523,693 $4.210 $2,500 $30,403
Rounded to $30,450
5. IT 1S UNDERSTOOD AND AGREED THE CITY SHALL CAUSE TO MAKE THE FOLLOWING
DISBURSEMENT OF PAYMENT NOT LATER THAN 30 DAYS FOLLOWING SUCCESSFUL AWARD OF A
CONSTRUCTION CONTRACT WHEN THIS AGREEMENT IS EXECUTED BY THE CITY OF BOZEMAN.
A warrant in the amount of $30,450 to he made payable to and nailed to:
Joseph J. Colombo
74 Hitching Post Road
Bozeman. MT 59715 -9241
Parcel 2 Colombo County of Gallatin
6. THE GRANTOR, hereby grants the City of Bozeman, a Temporary Construction Permit, of variable width, as
shown on 'Exhibit A', attached hereto and made a pad hereof. for the period of two years upon commencement of
construction or the duration of the construction project, whichever is greater.
CITY OF BOZEMAN College. 11' Roundabout Project
7. PI IS UNDERSTOOD AND AGREED THE Temporary Permit Area will he leveled and cleared of any debris
after construction and left in a good, workmanlike condition.
8. In addition to the payments set forth above, the City shall cause its contractors to:
(d) At all times during construction, maintain full operability of at least one access to the property, being
either from the I i Avenue approach or the West College Street approach. Should a unique
circumstance arise during construction that causes both referenced approaches to be shutdown
concurrently. the contractor shall give advanced notice of the shutdown to the City of Bozeman and
Mr. Colombo and shall obtain their approval prior to shutdown and provide an alternative access route
to from the property that is adequately signed for way- finding purposes.
9. The City agrees to try and save as many trees and shrubs as feasible on the subject property during construction.
The landowner acknowledges that this is only an attempt to save trees and shrubs and is not a commitment by the
City to save specific trees and shrubs.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year as written below_
APP VED BY H$ LAN ER
7
Josep Colo ho
RECOMMENDED FOR APPI;()\'AL
Right -of -Way Agent
City Engineer
APPROVED FO AND ON BEHALF OF THE CITY OF BOZEMAN
ACD
(Date)
on-
1883
STATE q ONa AT?tP
County of Gallatin
(a) Preserve all existing access approaches without any reduction in size and or location.
(b) Properly repair any damage to the existing access approaches, curb, gutter, and sidewalks leading from
11 Avenue and West College Street that may occur during the course of the construction project.
(c
Properly repair any and all other damage of any kind or nature which may occur to any portion of the
above described property, whether or not identified in this Agreement, which occurs as a direct result
of the construction project.
(Date)
2x
(Dale)
([ate)
o /YU
E. Colombo
Parcel 2 Colombo County of Gallatin
(Date)
On this O9o2 day of 1' 1A.YGh 211 1 before me, a Notary Public for the State of Montana,
personally appeared CHRIS KUKULSKI and STACY ULMEN, known to me to be the City Manager and City
Clerk for the City of Bozeman and the persons whose names are subscribed to the within instrument, and
acknowledged to me that they executed the same for and on behalf of the City of Bozeman.
CITY OF BOZFMAN College 11 i Roundabout Project Parcel 2 Colombo County of Gallatin
above N
(SEAL)
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first
_h: i J„
.ssts
NOTARIAL
Notary Phblic for State of Montana
(Printed Name)
Residing at Bozeman, Montana
My Commission Expires:
20
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SHEET TITLE
JOSEPH J. JANET E.
COLOMBO
RIGHT OF WAY EXHIBIT A
PROJECTTITTE
CITY OF BOZEMAN
COLLEGE 11th
ROUNDABOUT
Bozeman. Montana
CAVANAUGH. PF 11))
T. STARK PLS
E ULMER ROW 001(11
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