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
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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