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HomeMy WebLinkAbout04- Nash Properties, LLC; Tract 2, COS 392 - Agency Agreement City of Bozeman Water Pipe Line Construction Agreement This agreement is dated the ~L day of IJ1 ~ ' 2004, by and between Nash Properties LLC, of 8522 Nash Road, Boze an, MT 5971 5 (Grantors), theIr successors and assigns, and the City of Bozeman, a municipal corporation of the State of Montana, with offices at 411 East Main Street, Bozeman, MT 59715 (Grantee), its successors and assigns. WHEREAS, Nash Properties LLC, of 8522 Nash Road, Bozeman, MT 59715(Grantors), have fee simple title to Tract 2 of Certificate of Survey No. 392, (Property)as filed with the Gallatin County Clerk and Recorder; and WHEREAS, the City of Bozeman (Grantee), in or about the year 1957, did construct a water pipe line within the existing easement granted to the City on August 28, 1957 and recorded in Misc. Book 17 Page 501, as filed with the Gallatin County Clerk and Recorder; and WHEREAS, the City of Bozeman (Grantee), now desires to construct a new water pipe line within said easement and obtain a temporary construction easement for said new water pipe line across the aforementioned Property, under the terms and conditions herein. WINESSETH: In consideration of the payments herein set forth and the specific agreements to be performed by both parties hereto and written into this agreement, the parties hereto bind themselves to the terms and conditions set forth herein. No verbal agreements shall be binding on either party and this agreement shall become effective upon execution by a designated representative of the Grantee, the City of Bozeman. THE GRANTORS AGREES: 1. The Grantors wi]] allow the Grantee, through its contractor, to utilize a strip of land 20 feet wide, as a temporary construction easement, for stock piling material and operating equipment. Said temporary easement will terminate upon the completion of all work related to the construction of the new water pipe line and the restoration of the area to the standards noted below. Said strip being described as follows: A temporary easement for construction purposes over a strip of land 20 feet wide, lying within the land of the Grantors, the north line of which is the south line of that easement recorded in Misc. Book 17 Page 501, as filed with the Gallatin County Clerk and Recorded, said south line being parallel to and southerly 15 feet distant, when measured at right angles, from the centerline of said existing water pipe line, as now constructed. THE GRANTEE AGREES: 1 The Grantee will compensate the Grantors a direct payment of $1,120.00 within thirty days of accepting this agreement by providing payment to Nash Properties LLC, and mail it to 8522 Nash Road, Bozeman, MT 59715. 2. The Grantee, through its contractor, will provide the following restoration during construction: A. Remove and reinstall fence at approximate Station 218+ 1 O. B. Restore stream crossing at approximate Station 219+75. C. Remove and reinstall fence at approximate Station 223+75. D. Return areas noted in Items A, B and C above to existing conditions including removing and replacing topsoil and re-vegetate using a native seed mix. E. Preserve and protect and existing gravel access road from approximate Station 202+25 to approximate Station 218+00. F. Remove and replace topsoil and remove all trash and stones exceeding 3 inches in diameter from area to a depth of 2 inches. 3. The Grantee, through its contractor, will provide a one year warranty on all aforementioned work on the project. 4. Grantee will compensate the Grantor $219.00 for crop damage from Station 220+00 to Station 223+40 based on the following: A. A 30 foot wide strip of ground will be disturbed to the extent that it will require seeding. This area is 10,200 square feet or 0.23 acres. Compensation includes 100% crop loss the first year, 70% crop loss the second year and 30% crop loss the third year. Compensation is based on $ harvesting 5 tons per acre at $ 70.00 a ton for $350.00 per acre per year for full loss or a total of$164.00. B. A 20 foot wide strip of ground will be disturbed to the extent that no crop will be harvested the year of construction but the soil win not be disturbed as to require reseeding. This area is 6,800 square feet or 0.16 acres. Compensation includes 100% crop loss for the first year. Compensation is based on $350.00 per acre per year for a total of $ 55.00. 5. Grantee will compensate the Grantor $632.00 for crop loss on Grantor's property lying south of pipeline based on the fonowing: A. A hayfield lying south of the pipeline will be inaccessible during construction and therefore cannot be harvested. This area is 78,561 square feet or 1.80 acres. Compensation includes 100% crop loss for the first year. Compensation is based on harvesting 5 tons per acre at $ 70.00 a ton for $350.00 per acre per year for fun loss or a total of $632.00. 6. Grantee will compensate the Grantor $269.00 for reseeding the area in Item 4.A above. A. Compensation is based upon $80.00 per acre for seed and tilling and $250.00 mobilization costs. The signatures below signify the acceptance of the conditions listed above and recognition that these conditions represent the full amount of requirements for the Grantor's property. The work wiU be performed by the Grantee, through a contractor selected through a competitive bidding process. GRAN~ -tA~ STATE OF MONTANA ) ) ss. County of Gallatin ) On this ~ay of , 2 cui , before me the un ersigned, a Notary Public for the S~ of . on a, personally appea ed, known to me to be the r.1.O I d,.eitf of I 0 and the person whose name is subscribed to the within instrume t and a knowledged to me that he executed the within instrument for and on behalf of . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) (Pnnted N~ ade Residing at n ~ My Commission ires /YI! 7/J 120m CITY OF BOZEMAN R~~Manager ATTEST: ~ ~J. ~ Clerk ofthe City Commission STATE OF MONTANA ) ss. County of Gallatin ) On this /9 'f1 day of , 2004, before me, a Notary Public for the State of Montana, person app ed RON BREY and ROBIN L. SULLIV AN, known to me to be the Acting C y Manager and Clerk of the City Commission 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 the day and year first above written. (SEAL) o~ Public for the State of Montana j;;, /ft A. t/;leCt!- (Printed Name) Residing at Bozeman, Montana My Commission Expires:~/ _ Ai' /2017 11:\0417\040-01 \DOCS\EASEMENTS\Nash\Nash construction agrccment 4-30-04revised.doc