HomeMy WebLinkAbout01- Durston Road Project, Right of Way Agreement CITY OF BOZEMAN
Durston Road Project Parcel No.2 County of Gallatin
. RIGHT OF WAY AGREEMENT
One parcel located in the E1/2 of the NW1/4, of Section 12, T.2S., R.5E., M.P.M.,
Gallatin County, Montana(Deed reference Filml50,page 262)
AS SHOWN by Exhibit"A", consisting of one sheet, attached hereto and made a part hereof.
List Names &Address of the Grantor, Contract Purchaser& Lessee
William B. Ryan, Jr. and Peggy Lynn Ryan
9350 Walker Road
Belgrade, MT 59714
1. IN CONSIDERATIQN OF THE PAYMENTS HEREIN SET FORTH AND THE
SPECIFIC AGREEMENTS TO BE PERFORMED BY ROTH 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 BYA DESIGNATED REFRESENTATIVE OF THE CITY
OF BOZEMAN.
2. COMPENSATION FOR LAND AND IMPROVEMENTS (List acres and/or sq. ft. and
improvements in the acquisition.)
Land: 3,841 SF (Total)
Present Traveled Way: 3,273 SF
New acquisition: 568 SF
Compensation: 568 SF @$4.00/SF=$2,272.00
Rounded to $2,300.00
3. TOTAL COMPENSATION FOR PARCEL
$2,300.00
4. IT IS UNDERSTOOD AND AGREED THE CITY SHALL MAKE THE FOLLOWING
DISBURSEMENT OF PAYMENT NOT LATER THAN 30 DAYS FROM THE DATE WHEN
THIS AGREEMENT IS EXECUTED BY WILLIAM and PEGGY RYAN.
A warrant in the amount of$2,300.00 to be made payable to
William B. Ryan, Jr. and Peggy Lynn Ryan
9350 Walker Road
Belgrade, MT 59714
5. The above payment is for the acquisition of the fee estate only and does not include any area
outside of the area described in Exhibit A.
6. In addition to the payments set forth above,the City shall cause its contractors to:
(a) Properly repair any damage to the existing driveway leading from Durston Road
to the property that occurs during the course of the construction project.
i
(b) 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,that occurs as a direct result of the construction.
7. It is agreed that should a higher per square foot price be negotiated by a landowner in this
project, outside of litigation and court action, the City of Bozeman will pay William B. Ryan,Jr.
and Peggy Lynn Ryan an additional sum equal to the negotiated price less the amount already
paid in this document.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year as
written below.
RECOM NDED FOR POVAL
S,ii.,-,„, i `// 0/
R. ht-of-Way Agnt% (Date)
For City of Bozeman (Date)
APPROVED FOR AND ON BEHALF OF THE CITY OF BOZEMAN
ATTEST:
c-7------__ ___ Aug. 6, 2001
City Manager (Date)2- s4..._,
1ii:040./
eof the ommi ssi on
�� L i . / 7:30-0
William B. Ryan,J . dLynn R A7 '� (Date)� ggy Y v ( )
.,
EXHIBIT A
RIGHT-OF-WAY ACQUISITION
SITUATED IN THE El /2 OF THE N W1 /4
OF SECTION 12, T.2S. , R.5E. _
GALLATIN COUNTY, MONTANA
I-
;-.
0
CV
a� M
O . :---
(/) r
I _
POB S00 4819 E, 28.76' DURSTON ROAD
RIGHT-OF-WAY ACQUISITION DESCRIPTION
' PARCEL No. 2
1.21 -1 , - • R
•••+♦*
:•••****
A tract of lond situated in E1/2 of the NW1/4 of
••:• �� Section 12, T.2S., R.5E., M.P.M.
Gallatin County, Montano said tract being
�.�♦
•,*• more particularly described as follows:
CD • O ,
` O Beginning at the North 1/4 corner of Section 12,
Township 2 South, Range 5 Eost, M.P.M., thence S89'11 41 W
w I ) • a distance of 730.50 feet to the true point of beginning;
u7 , • thence S00'48'19"E o dis"ionce of 28.76 feet;
re thence S8916'35"W o. distance of 134.00 feet;
z 0 ID I W • u thence NC/0'48'19"W a distance of 28.57 feet;
•
1— d r) thence N8911'41"E a distance of 134,00 feet to the
�♦CB '� true point of beginning said tract contains 3841 square feet.
Z
C) Z Z a,/ (1)
0 Ce oZ � •y, FILM 150
ce w ' � �� PAGE 262
4.1„
��� .Oi��
1.42' ft-
1 I
N00'48'19' W, 28.57' + Z
1
30 0 30 60
r 0 CV
scale feet
C\1
>'.,.<
LEGEND
1XXXXi RIGHT—OF—WAY ACQUISITION
AREA TO BE ACQUIRED: 3841 S.F. (NEW R/W)
PREPARED BY: HKM CITY OF BOZEMAN, MONTANA
Engineering Inc. RIGHT—OF—WAY PLAT
Granite Tower Building
! !ERIN
P22.O N. x 31 st.,suite 70oPARCEL 2
P.O.Box31318 PROJECT No.Billings,MT 59107-1318
G — (406) 656-6399.FAX(406) 656-6398
RIGHT-OF-WAY PLAN.