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
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