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HomeMy WebLinkAbout10- College-11th roundabout, Parcels 4 & 5, MSU, SW corner Right of WayCITY OFBOZjt1 N College 11 Roundabout Project p!IQ;;IV\I ANA 6IAI L UN6VERSID12 I G H T OF WAY A G R E E M E N T Parcels 4 5 1SU'a SW Cor County of Gallatin LEGAL DESCRIPTION- PARCEL 4: A PARCEL OF LAND SITUATED IN THE NORTHWEST 1/4 SECTION 13, TOWNSHIP 2 SOUTH RANGE 5 EAST, P.M..M., GALLATIN COUNTY, MONTANA DEEDED TO MONTANA STATE UNIVERSITY BY DEED RECORDED IN BOOK 20, PAGE 506 RECORDS OF GALLATIN COUNTY, MONTANA, AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS ALSO BEING SHOWN UPON 'EXHIBIT A' ATTACHED HERETO AND MADE A PART HEREOF: BEGINNING AT A POINT AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY OF COLLEGE STREET AND THE WEST RIGHT OF WAY OF Ilth AVENUE, SAID POINT BEARS SOUTH 46'02'45" WEST 42.64 FEET FROM THE NORTH 1/4 CORNER OF SAID SECTION 13; TIIENCE SOUTII 01'19'42" WEST, ALONG SAID 11th AVE RIGIIT OF WAY 16.18 FEET: THENCE NORTH 38'44'12" WEST 21.17 FEET TO THE SOUTIIERLY RIGHT OF WAY OF COLLEGE STREET: THENCE SOUTH 88=36'02" EAST ALONG SAID RIGHT OF WAY 13.62 FEET TO THE POINT OF BEGINNING, CONTAINING 110 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. LEGAL DESCRIPTION- PARCEL 5: A PARCEL OF LAND SITUATED IN THE NORTHWEST 1/4 SECTION 13, TOWNSHIP 2 SOUTH RANGE 5 EAST, P.M..M., GALLATIN COUNTY, MONTANA DEEDED TO MONTANA STATE UNIVERSITY BY DEED RECORDED IN BOOK 20, PAGE 506 RECORDS OF GALLATIN COUNTY, MONTANA, AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS ALSO BEING SHOWN UPON 'EXHIBIT A' ATTACHED HERETO AND MADE A PART HEREOF: BEGINNING AT A POINT ON THE WEST RIGHT OF WAY OF 11TH AVENUE, SAID POINT BEARS SOUTH 46'02'45" WEST 42.64 FEET AND SOUTH 1`19'42" WEST FROM THE NORTH 1/4 CORNER OF SAID SECTION 13: THENCE SOUTH 01`19'42" WEST, ALONG SAID 1 lth AVE RIGHT OF WAY 72.04 FEET: THENCE NORTH 87 WEST 9.80 FEET: THENCE NORTH 02'05'05" EAST 36.62 FEET TO A 24.0 FOOT RADIUS CURVE TO THE LEFT, HAVING A RADIAL BEARING OF NORTH 87'54'55" WEST; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 42'29'32' AN ARC LENGTH OF 17.80 FEET; THENCE NORTH 40`24'27" WEST 98.35 FEET TO THE SOUTH RIGIIT OF WAY OF COLLIEGE STREET; THENCE SOUTH 88'36'02" EAST ALONG SAID RIGHT OF WAY 38.79 FEET; THENCE SOUTH 15'19'26" WEST 5.13 FEEL T0' THE BEGINNING OF A 29.0 FOOT RADIUS CURVE TO THE LEFT, HAVING A RADIAL BEARING OF SOUTH 74'40'34" EAST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 55'43'53" AN ARC LENGTH OF 28.21 FEET: THENCE SOUTH 40'24'27" EAST 20.61 FEET TO THE BEGINNING OF A 24.0 FOOT RADIUS CURVE TO THE LEFT, HAVING A RADIAL BEARING OF NORTH 49'35'33" EAST: THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 53'20'58" AN ARC LENGTH OF 22.35 FEET: THENCE NORTH 86'14'35" EAST 3.09 FEET TO THE POINT OF BEGINNING, CONTAINING 2.133 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 -27W 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. FAGH I f ';E',':'i`GIHOE REGErvEHD h) et "rlSJ !N I �:i UIVlVEtB CITY OF BOZEMAN College 1 i Roundabout Project Parcels 4 5 MSU (a SW Colt County of Gallatin 2. COMPENSATION FOR LAND AND IMPROVEMENTS (I, acre', and or sq_ 13 and improvements in the taking). Parcel 4 Acquisition in Public Street Utility Easement: 110 ft` (a $14.00 ft' *95 $1,463 Parcel 5 Acquisition in Public Access Easement: 2,133 ft' (a $14.00 ft` 95 528,369 3. COMPENSA11ON FOR DAMAGES Temporary Construction Permit: 2,659 ft' to $14.00 ft' 10 2 years 57,445 Landscaping: 5500 4. TOTAL COMPENSATION FOR PARCELS 51,463 528,369 57,445 5500 537,777 Rounded to 537,800 5. IT IS UNDERSTOOD AND AGREED THE CITY SHALL CAUSE TO MAKE THE FOLLOWING DISBURSEMENT OF PAYMENT NOT LATER THAN 30 DAYS FOLLOWING SUCCESSFUL AWARD OF A CONSTRUCTION CONTRACT WHEN THIS AGREEMENT IS EXECUTED BY THE CITY OF BOZEMAN. A warrant in the amount of 537,800 to he made payable to and mailed to: Montana State University c o Facilities Services PO Box 172760 Bozeman- MT 59717-2760 6. THE GRANTOR, hereby grants the City of Bozeman. a Temporary Construction Permit, of variable width, as shown on `Exhibit A', attached hereto and made a part hereof for the period of two years upon commencement of construction or the duration of the construction project, whichever is greater. 7. IT IS UNDERSTOOD AND AGREED THE Temporary Permit Area will be leveled and cleared of any debris after construction and left in a good, workmanlike condition. 8. In addition to the payments set tiirth above, the City shall cause its contractors to: (a) Properly repair any other damage of any kind or nature which occurs to any part or portion of the above described property, whether or not identified in this Agreement, which occurs as a direct result of the construction. 9. The City agrees to try and save as many trees and shrubs as feasible on the subject property during construction. The landowner acknowledges that this is only an attempt to save trees and shrubs and is not a commitment by the City to save specific trees and shrubs. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year as written below. AP VED BY THE LANDOWNER t di P �a.-d ado President RECOMMENDED FOR A$Py+OVAL Right-of-Way A T City Engineer r (Date) Zoto CITY OF BOZEMAN College 11 Roundabout Project Parcels 4 5 MSU to SW Cor County of Gallatin APPROVED FOR A D ON BEHAI. F OF '1 LIE CITY OF BOZEMAN City Manager `'RCI�>'• (Date) ATTES1 Clerk oftheCity�o Dom STATE OF MONTANA County of Gallatin )ss. (Date) On this e2AR day of 1Aateck 20 0 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. (SEAL) 'is'' Notary Pt blic for State of Montana (Printed Name( Residing at Bozeman, Montana My Commission Expires: AIMEE KISSER_ FOR THE `i 7/1.1" V 01 MCJNTANA �c>rE r PAY com��u� nor4 w�cr•�s:c 20 2 Z v °A o� A cs II 25 zom 'J -A -4 V 41 -62' O mz 3 i r ,4 i n O m O -1 ro to 11th AVENUE (60' RAW) oya \08510_000_Boz mcn Cale C ^svMn1 AC, Raba ti n 2 r s 11 O n m 0) 0 o 00 A \l' ',(2,Ci' C,4 1 W 04 I C0 N) c S0 "19'42 "V'✓ 16.18 <r "(D r`p, Irs�R n O co 2 00 0 z om 9 6 0 m m W AA S01'19 72.04 1 38_10 11th AVENUE (60' R /W) 801°19'42"W No SECTION LINE) 10 ao nz rn o N n a 0 A A- "I A'I r- -I A "1-'(1 tir -I -1 -i-1Z W W AA A m2 02m2a2m2a22o2m222z220 -1 m a0 0- Z j00020 500 0 0 2m 4.1 Z- 05 a A n1n 1 (Cn A 2 rz N A mcm)A2 m ^I N r -*12 (n2 y 2 m� (408 O (A A 00 00 Z?Drm- r 00mr00 00v10r1r 0000 c 0 <Z ti O A OAC 0 A00 )--1 A °2 A A00-18 0 O OAN -{NZ HNZ <y,A, z a ti H, 2 y CA AA .4:0 S N 0 m 5 a° m 2 2 m 2 NH 0 5 1 2 2 Z z O N D °Cn N c1N Co O O A 7 mz A A (n-. A0,-I N,A0 --i- of A O 2 6 u;- O N O 5W aO A� 40004000400 Zoo 4. A 0 A A 44 0X 14,2 O yU1 n Z i A G) N V' o 0 U° N� N O �N�C -H <51 <m <a '0g2 0 0 m 51 m, s m a 05 2" -1 A A D ti� 0 0 N -i i4 1 0T Z Z tn W 0 0 C 0 /0 0 Am DO Nm 0 0 0 ED -�1 0 Z 0 z W W 00 0 0 O Z Ay 01 Nnm p 2 2 O 1. GC-) U 2 N Z-. 3p? Z m A a am(" m O A oo W 010 AZ ZO y 1 m O ti O A 0 -10 40 0 2 O m b 0 a r O O� 0 j A 0 z 0 D p rs 0-, A zm 2 Z a (n D 0 j Z a m r 2 `1 z a m Q 5 2 1 -a a 8 °D C�� 2. A A pp r 0 A Z W ASIA 0 O m 2 0 A a R 6- If) R1 g 0 m n T A -<CJy o z 0 n0 c o m (n in X U W� A '1 y .p2 ((0 p z Z hi A A ti 2 N y 2. 0 s a A O Rm1 W 08 02 1 W2 O 0 r N nm -I p F rt N Z a W N 5m t N O a K (O C O v i U�� 2�'-� Z. n Z co N 0n 4 A a(-I a.pm Z m 6O 0000 rmZ m0O r, 0 A '1 A T O 0 aN a 1 1 m m Z 0 a m y y o o� 0 �0 CJ 9 0 N x'J uo m 0 090., w( P N 6 O 6' 0 2 J U 0 0) m 4- O (10 N T a 5 aA -B O i l 1 (n W O W O (11(na za(n a -10 Zz a.-±o 000mom 5000mmm m (n 5 2m A n 2A� z 0 0 ate oyz o =A� cam 2 a z! Z 5j a a a 0 c a 0 000 00 N N '2a n0 :-Z --'52r-T, 0 z F m -1 Z O 5 r'n m m O �S D A .5 ZW (n (n -1 mm amp 1mmo0a -H -4 Oo Z n A -,Z a °m I 0 v -21 R1 °�z W W TI 0 0 0-Z n 1 I O z° 0 D O m W 02 C�p2 6,1 0 Q A O 0 0 A m O O N 0A m <n m�m A z m mi1m OC A z �O 't Ga)ny o=�-c c� Aay 0m000 yp z° W 2 A 00 00 O 0 EC5 0- oAm c 00 aa m ?f.,,,-(3,---.. A 0 n 50 'r m 0 0 00 0 0_ mZ O Z N D 0, NO O T OO LA N 0> 0 0 a I-- O SHEET TITI. F MONTANA STATE UNIVERSITY RIGHT OF WAY EXHIBIT A PROJECT TITLE CITY OF BOZEMAN COLLEGE 11th ROUNDABOUT Bozeman, Montana T. CAVANAUGH, PE 11/09 DESIGNED BY T. STARK, PLS DATE E. OL(ER, PLS ROW Exhibits CHECKED BY FILE VOA REVISION BY ABBR. DATE