HomeMy WebLinkAbout05- SD 7; Durston Rd - Right of Way Agreement
! , .
RIGHT OF WAY AGREEMENT
This Agreement is made and entered into by and between the Bozeman School District
Number 7 Elementary and High School Districts (hereinafter SCHOOL) owner of certain real
property located along Durston Road and doing business at 404 E. Main Street,Bozeman,
Montana 59715 and the City of Bozeman (hereinafter CITY) doing business at 411 E. Main
Bozeman, Montana 59715.
In consideration of the payments and the specific Agreement to be performed by the
parties as set forth in this Agreement, the parties, their heirs, successors and assigns bind
themselves to the terms and conditions set forth in this Agreement. The parties hereby agree as
follows:
1. No verbal agreements shall be binding upon either party and this Agreement shall
become effective upon execution by the SCHOOL and the designated representative ofthe
CITY.
2. The CITY shall pay to the SCHOOL the sum of Nine Thousand ($9,000.00) Dollars.
The payments shall be made as follows:
A. $5,550.00 for Parcell, also known as the Eslick Parcel, shall be made payable to
Bozeman School District Number 7, High School District, a 67% undivided
interest, and Bozeman School District Number 7, a 33% undivided interest.
404 E. Main Street
Bozeman, Montana 59715
B. $1,500.00 for Parcel 2, also known as the Ryan Parcel, shall be made payable to
Bozeman School District Number 7, High School District, a 60% undivided
interest, and Bozeman School District Number 7, a 40% undivided interest.
404 E. Main Street
Bozeman, Montana 59715
C. $1,950.00 for Parcel 3, also known as the Johnson Parcel, shall be made payable to
Bozeman School District Number 7, High School District a 75% undivided interest
and Bozeman School District Number 7, a 25% undivided interest.
404 E. Main Street
Bozeman, Montana 59715
3. The CITY further agrees to:
A. Properly repair any damage to the existing driveways leading from Durston Road to
three parcels described in the quit claim deeds, attached hereto and incorporated by
reference herein, that occurs during the course of the construction project;
------.-.--- ..--.
! . ,
B. Properly repair any other damage of any kind or nature which occurs to any part or
portion ofthe three parcels described in the quit claim deeds, attached hereto and
incorporated by reference herein, whether or not identified in this Agreement, that
occurs as a direct result of the construction; and
C. Construct a sidewalk and boulevard to normal CITY boulevard and sidewalk
standards. For the purposes of this agreement, the parties mutually agree and
understand the standard sidewalk is five (5) feet and standard boulevard is five and
one half (5 12) feet wide.
4. In exchange for the foregoing, the SCHOOL shall grant to the CITY in fee simple by
virtue of a quit claim deed all interest they have in three parcels located in the El/2 ofthe NWl/4
of Section 12, T.2S., R.5E., M.P.M. Gallatin County Montana and as described in the quit claim
deeds attached hereto and incorporated by reference.
5. The SCHOOL shall grant to the CITY a permanent easement for the purposes of
constructing a standard sidewalk and boulevard. The Parties further admit and agree that said
easement has been executed by the SCHOOL and is in the CITY'S possession awaiting final
disposition of the quit claim deeds. The SCHOOL further agrees to grant the CITY any additional
easement necessary to construct the sidewalk and boulevard to standard.
6. It is understood and agreed the CITY shall make payment to the SCHOOL not later than
30 days from the date when the above mentioned quit claim deeds are delivered, fully executed, to
the CITY by the SCHOOL.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year as written below.
BOZEMAN SCHOOL DISTRICT NUMBER 7 ELEMENTARY AND HIGH SCHOOL
DISTRICTS:
a. ,-'
. ,p' 23 "l) ,
Date
ATTEST:
~~ - ?D~~>
SC OOL DISTRICT CLERK Date
! . .
THE CITY OF BOZEMAN
~jJ.~- 11107/05
City Manager Date
ATTESTED TO BY
~y~ 11/07/05
Clerk of the City Commissioners Date