HomeMy WebLinkAbout10- College-11th roundabout, Parcel 3, MSU, SE corner Right of WayFiECP VF C
CITY OF BOZEMAN College 111 Roundabout Project Parcel 3 MSU (a SE Cor County of Gallatin
pI kUUV7�IVR5 ^E;7 OF WAY AGREEMENT
A PARCEL OF LAND SITUATED IN THE NORTHEAST 1/4 SECTION 13. TOWNSHIP 2 SOUTH RANGE 5
EAST, P.M._M., GALLATIN COUNTY. MONTANA AND BEING PART OF THAT LAND DEEDED TO THE
STATE OF MONTANA AND ALSO KNOWN AS CAPITOL HILL ADDITION BLOCK 8. RECORDS OF
GALLATIN COUNTY, AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS ALSO BEING SHOWN
UPON `EXHIBIT A' ATTACHED HERETO AND MADE A PART HEREOF:
BEGINNING AT THE NORTHWEST CORNER OF SAID BLOCK 8, SAID POINT BEING ON THE SOUTH
RIGHT OF WAY OF COLLEGE STREET AND THE EAST RIGHT OF WAY OF I Ith AVENUE, SAID POINT
BEARS SOUTH 86'2733" EAST 30.02 FEET FROM TIIE NORTH 1/4 CORNER 01 SAID SECTION 13;
THENCE SOUTH 89'07'39" EAST, ALONG SAID COLLEGE STREET RIGHT OF WAY 248.11 FEET;
THENCE SOUTH 87 "04'06" WEST 116.53 FEET TO THE BEGINNING OF A 84.0 FOOT RADIUS CURVE TO
THE LEFT, HAVING A RADIAL BEARING OF SOUTH 02'55'54" EAST;
THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 34"2054 AN ARC LENGTH OF
50.50 FEET;
THENCE SOUTH 52'37'41" WEST 7214 FEET TO THE BEGINNING OF A 64.00 FOOT RADIUS CURVE TO
THE LEFT, HAVING A RADIAL BEARING OF SOUTH 37'22'19" EAST:
THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 30'42'39" AN ARC LENGTH OF
34.30 FEET TO THE BEGINNING OF A 104.00 FOOT RADTI)S CURVE. TO THE LEFT. HAVING A RADIAT_
BEARING OF SOUTH 68'04'58" EAST:
THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 17=4704 AN ARC LENGTH OF
32.28 FEET;
THENCE SOUTH 04'07'58" WEST 59.04 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY FOR l l th
AVENUE
THENCE NORTH 01'19'42" EAST ALONG SAID RIGHT OF WAY 187.90 FEET TO THE POINT OF
BEGINNING. CONTAINING 6,578 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
Montana State University
c o Facilities Services
PO Box 172760
Bozeman. MT 59717 -2760
I. 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 VERBAI.
AGREEMENTS SHALL BE BINDING UPON EITHER PARTY AND THIS AGREEMENT SHALL BECOME
EFFECTIVE UPON EXECUTION BY A DESIGNATED REPRESEN 1 AEIVE OP THE CITY OF BOZEMAN.
2. COMPENSATION FOR LAND AND IMPROVEMENTS (List acres and or sq ft. and improvements in the
taking).
Acquisition in Public Street and Utility Easement: 6,578 ft' (a 15.00 ft' 598,670
3. COMPENSATION FOR DAMAGES
Temporary Construction Permit: 1,873 ft` (0 $15.00 ft' 10°" 2 years
Sign: 55.000
Landscaping: $5(1(1
4. COMPENSATION REDUCTION FOR USE OF ROUNDABOUT CENTER ISLAND BY MSC
Center Island Area: pi (33.75 ft) '2 3,578 ft'
Reduction: 3,578 ft" 515.0)) ft` 553,670
5. TOTAL COMPENSATION FOR PARCEL
598,670 55,619 +,55.(1(1(1 5500 $53.670 .556.119
Rounded to 556350
5,619
FACILITIES
RECEIV
Mill
0 OON''t NPI, (_II /I
CITY OF BOZEMAN College I1 Roundabout Project Parcel 3 MSU it/ SE Cor County of Gallatin
6. IT IS 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 856,150 to be made payable to and mailed to:
Montana State University
c o Facilities Services
PO Box 172760
Bozeman, MT 59717-2760
7. THE GRANTOR, hereby grants the City of Bozeman, a Temporary Construction Pennit, of variable width, as
shown on 'Exhibit A', attached hereto and made a part hereof, for the period of two tears upon commencement of
construction or the duration of the construction project, whichever is greater.
8. IT IS UNDERSTOOD AND AGREED THE Temporary Pemtit Area will be leveled and cleared ()Tally debris
after construction and left in a good, workmanlike condition.
9. In addition to the payments set forth above, the City shall cause its contractors to:
(a) Properly repair any other damage of any kind or nature which occurs to any part or portion of the
above described property, whether or not identified in this Agreement, which occurs as a direct result
of the construction.
(b) Provide irrigation and power services to the center roundabout island.
10. 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.
11. IT IS UNDERSTOOD AND AGREED that the City and MSU will prepare a Memorandum of Understanding
(MOU) concerning MSIJ's design, use and operation of the center roundabout island as a thematic campus entrance.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year as written below.
APPROVED BY THE LANDOWNER
Dr. 'ad :d Cruzado, 'resident
RECOMMENDED FOR APP, t0VAI.
2 CVO
Right- of- Way Aggnt(/ '(Date)
try Engineer (Date)
APPROVED FO'. A D HALF OF TIIE Ctt Y OF BOZEMAN
3- zz _ib
City Manager
s anon ra/‘ 1 1.3(20/0
(Date)
(Date)
(Date)
CITY OF BOZEIvMAN College I I Roundabout Project Parcel 3 MSU (a SE Cor County of Gallatin
STATE OF MONTANA
)ss.
County of Gallatin
On this c gZ day of J r 20 1 O 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.
IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal the day and year first
above written.
(S
Nota d Public for State of Monuana
(Printed Name)
Residing at Bozeman, Montana
My Commission Expires:
AIMEE f<..ISSF_L
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F0 F[ 711i Sr .e r., NTAN
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CITY OF BOZEMAN
COLLEGE 11th
ROUNDABOUT
Bozeman. Montana
T. CAVANAUGH PE
DESIGNED BY
T. STARK. PLS
E. KINER. PLS
CHECKED By