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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 y F0 F[ 711i Sr .e r., NTAN 20 SHEET TITLE MONTANA STATE UNIVERSITY RIGHT OF WAY EXHIBIT A RO i n 0 Qg 1n I I r 0 1) S01' 19'42`W 2632.84' 11th AVENUE (60' R /W) X0 20 I +m -20) A➢- -�cna a Xmm o➢➢ mm,Tt0001 (0222 NaZ20.422 0-1�2a2a O rnm 0r20 XOX2, MOM 0 210mm 12 2,2.2 2 yo 2 2ti ''002. Z2 rim m 2 22)0 Cl ''0X0 2210, N, rnw IOC ��z� mm-j O r C 0 N O 0 02 Z m Z ti 2 x 2 0 -C V-, O r a c� r n.. O v) r a P, O v, cn o m z 0 O z 'O r O i A m 0 m 0 m 2 N N m -i 0 O O N 2 0 2 N T 0 0 L A 5 z v) tiZ n<Z y Z v' �z ➢S-Di 00 zov) 22 20, =0 n ==OAD =�2m m a ➢cn In X O 20A ➢OO O OD OOD N O Ln 0! o nom v) tiz m 1O -,m0 0 0 0a 20 ��p IN A r W .1 0 co 77-1 2 0yZC 010 N z 'N G m0 rr7 O rC m 2 A m n m22Z m O M z mm r.) rn y 21: m O 00 ➢-p n) TI T I -im Om 2 co '010100 I y y ym= SM= OymZ yy yo o 2npD< 0 D? 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Montana T. CAVANAUGH PE DESIGNED BY T. STARK. PLS E. KINER. PLS CHECKED By