HomeMy WebLinkAbout03- Tor, Sadun S. & Alice S.; 1005 W. Durston Rd.
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SETTLEMENT AGREEMENT BY:
RIGHT OF WAY ACQUISITION AND PURCHASE
AND
CONSTRUCTION EASEMENT ACQUISITION
THIS AGREEMENT made between THE CITY OF BOZEMAN, a Municipal
corporation of the state of Montana, with principal offices at 411 East Main Street, Bozeman,
Montana, 59715, and mailing address of PO Box 1230, Bozeman, MT 59771-1230, (hereinafter
CITY OF BOZEMAN) and SADUN S. AND ALICE S. TOR, 1005 W. Durston Road, Bozeman,
MT 59715, (hearinafter Sadun and Alice Tor).
WHEREAS, Defendants, Sadun and Alice Tor are the owners in fee of certain real
property located on Durston Road, Bozeman, Montana; and
WHEREAS, The Plaintiff, City desires to improve Durston Road, which necessarily
requires the purchase of a certain amount of right of way from Sadun and Alice Tor; and
WHEREAS, The City exercised its powers of eminent domain as authorized under Title
70, Ch. 30 Montana Code Annotated and on or about the 19th day of December 2002 filed a
condemnation complaint to condemn the right of way necessary to complete the roadway and
sidewalk improvements.
NOW, THEREFORE, in consideration ofthe foregoing, the Parties hereby mutually agree
to the following:
1. The City hereby agrees to pay to Sadun and Alice Tor the sum of Ten Thousand Six
Hundred ($10,600.00) Dollars for the acquisition of a fee estate as to certain real property more
particularly described as:
A tract ofland located in the SW 1/4 of the SE 1/4 of Section 1, T.2S., R.5E. M.P.M.
Gallatin County, Montana and more particularly described as follows:
Beginning at the South 1/4 comer of Section 1, Township 2 South, Range 5 East,
M.P.M., thence N88038'23"E a distance of213.52 feet to the true point of
Settlement Agreement
Page I
beginning; thence N01 021 '37"W a distance of27.53 feet; thence N89022'55"E a
distance of 268.02 feet; thence SOl 021 '37"E a distance of 24.06 feet; thence
S88038'23"W a distance of268.00 feet to the true point of beginning said tract
contains 6,912 square feet and as shown in Exhibit "A" attached hereto.
2. In exchange for payment, Sadun and Alice Tor will execute a warranty deed conveying
the above described property to the city of Bozeman. The City shall send payment within thirty
days of receiving this agreement duly signed and executed by the Tors and the City Commission.
Sadun and Alice Tor will execute said deed and return it to the City at the address listed above
within fifteen (15) days of receiving payment under the terms ofthis agreement.
3. Sadun and Alice Tor also hereby grant to the City a temporary construction easement
directly adjacent and paranel to the property described above and as indicated on Exhibit A and
so designated as a construction easement. The specific tract is a ten (10) foot wide strip of land
contiguous to the right-of-way conveyance and totaling 2,680 sq. ft. in area.
4. The Parties mutuany agree that said easement includes the right of the City of Bozeman,
its employees, agents, permittees, licensees and assigns, including any contractors or
subcontractors hired to construct said roadway and sidewalk improvements, to enter at an times
upon the property so designated until the final construction of the roadway and sidewalk
improvement project is completed and the property is restored to the same or similar condition as
it was found to exist at the time construction began.
5. Further, the City shan cause its contractors to properly repair any other damage of any
kind or nature which occurs to any part or portion ofthe above described property, whether or
not identified in this Agreement, that occurs as a direct result ofthe construction
6. Sadun and Alice Tor shan report any problems or concerns regarding the construction to
the City and anow the City to address those issues as they arise.
7. The City shan, at the end ofthe construction project, return the portion of property under
Settlement Agreement
Page 2
'.
the Construction Easement to Sadun and Alice Tor in the same or similar condition as when it
was acquired, at which time the Construction Easement shall cease and the property shall revert
to Sadun and Alice Tor.
8. The City shall, upon receipt of the warranty deed and payment to Sadun and Alice Tor,
shall dismiss, with prejudice, as fully settled upon the merits the civil action Cause No. DV -02-
628.
9. Sadun and Alice Tor acknowledge and admit they have carefully read the foregoing,
understand the contents and consequences thereof and sign of their own free will and accord.
Sadun and Alice Tor further acknowledge and admit they have the right to hire an attorney at any
time to represent them in this matter and to review this document but have specifically chosen to
waive their right to an attorney.
ENTERED INTO this W day of APRIL..
~.l1~ c/c}~t13
Sadun S. Tor (Date)
2003
~
t2G,,& S. /~ l().'f'63
Alice S. Tor (Date)
STATE OF MONTANA )
) ss.
COUNTY OF GALLATIN )
On this '2. 4rt4 day of kRIL ,2003, before me, a Notary Public for the State of
Montana, personally appeared Sadun S. Tor and Alice S. Tor, known to me to be the persons
whose names are subscribed to the foregoing instrument and acknowledged to me that they
executed the same.
In witness whereof, I have hereunto set my hand and affixed my seal on the day and year
first written above.
NO Y PUBjC fo the State of Montana
Printed Nam~ ~lt
Residing in
My Commission Expires ~
Settlement Agreement
Page 3
'. ..
ENTERED INTO thi~f"t! day of df3M.J! 200.3
CITY OF BOZEMAN
~1 i
Clark V. Johnson, City Manager
~~~
Robin L. Sullivan
Clerk of Commission
STATE OF MONTANA )
) ss.
COUNTY OF GALLA TIN )
On thi~ day of /frJH'J ,2003, before me, a Notary Public for the State of
Montana, personally appeared Clark V. Johnson and Robin L. Sullivan, known to me to be
the City Manager and Clerk of the City Commission known to me to be the persons whose names
are subscribed to the foregoing instrument and acknowledged to me that they executed the same.
In witness whereof, I have hereunto set my hand and affixed my seal on the day and year
first written fl'I.lOVlt./ , I
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NOTARY PUBI,J~lor the Sta}e..ofMon~ana r
Printed Name: Ai (tole- f1..l1a f"l,6
Residing in ba/lan'r> {l)vt1l7~
My Commission Expires 0 b, 0 .2 005
Settlement Agreement
Page 4
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EXHIBIT A
RIGHT-OF-WAY ACQUISITION
AND CONSTRUCTION EASEMENT
SITUATED IN SW1/4 OF THE SE1/4
OF SECTION 1, T.2S., R.5E.
GALLATIN COUNTY, MONTANA
MARY
FRANCESCA !
PALFFY I
S01'21'37HE, 24.06' I
10'I~!
LS.9S'
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re.
SW1 /4
SE1 /4
SECT. 1
T.2S, R.SE.
FILM 129
PAGE 1900
0)
DURSTON ROAD
RIGHT-OF-WAY ACQUISIllON DESCRIPTION
PARCEL No, 5
A tract of land situated In SW1 /4 of the
SE 1/4 of Section 1. T.2S.. R.SE., M.P.M.
Gollatln County, Montona sold troct being
more particularly described as follows:
Beginning at the South 1/4 corner of SectIon 1,
Township 2 South, Range S East, M.P.M., thence N88'38'23HE
o distance of 213.52 feet to the true point of beginning;
thence N01.21'37HW a distance of 27.53 feet:
thence N89'22'SSHE a distance of 268.02 feet;
thence S01'21'37HE a distance of 24.06 feet;
thence S88'38'23HW a distance of 268.00 feet to the
true point of beginning said tract contains 6.912 square feet.
re.
POINT OF BEGINNING
2.47'
10.-1 hLi
N01 '21 '37HW, 27. 53,J 11
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AREA TO BE ACQUIRED: 6,912 S.F.
CONSTRUCnON EASEMENT: 2,680 S.F.
11TH AVE.
MARY I
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II
FRANCESCA ~w I
P ALFFY c.J~ 100 0 100 200
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;t . scale feet
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PREP ARED BY:
~ ~ HKM Engineering Inc.
~ Granite Tower Building
222 N. 32nd SI.. Suite 700
~ P.O. Box31318
Billings. MT 59107-1318
EN GIN E E R I N G .... (406) 656-6399. FAX (406) 656-6398
RIGHT-OF-WAY PLAN.
LEGEND
~ RIGHT-OF-WAY ACQUISmON
~ CONSTRucnON EASEMENT
CITY OF BOZEUAN, UONTANA
RIGHT-OF-WAY PLAT
PROJECT No. ----- PARCEL 5
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