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HomeMy WebLinkAbout03- Buck, William F. Sr; W. Babcock Rd - Right of Way Agreement . ~. - . - .: - ... .. . 't 4 ... ." --. CITY OF BOZEMAN West Babcock Road Project Parcel No. 1-1 County of Gallatin . RIGHT OF WAY AGREEMENT A tract of land situated in NWl/4SWl/4 of Section 11. T.2S.. R5E.. M.P.M.. Gallatin County. Montana (Deed reference Film 138 Page 3779) and more particularly described as follows: All that part of Tract 1 of Cahill Subdivision. lying northerly of a line that is 32.5 feet southerly, when measured at right angles from the north line of the SWI/4 of said Section 11; and containing an area of 339 square feet, more or less. List Names & Address of the Grantor. ContraotPurchaser & Lessee William F. Buck, Sr. 321 Wickiup Dr. Florence, MT 59833 1. IN CONSIDERATIQN OF THE PAYMENTS HEREIN SET FORTH AND THE SPECIFIC AGREEMENTS TO BE PERFORMED BY ROTH PARTIES HERETO AND WRITTEN IN TIllS AGREEMENT, THE PARTIES HERETO BIND THEMSELVES TO THE TERMS AND CONDITIONS SET FORTH HEREIN. NO VERBAL AGREEMENTS SHALL BE BINDING UPON EITHER PARTY AND TInS AGREEMENT SHALL BECOME EFFECTIVE UPON EXECUTION BY A 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: 339 SF '~ Compensation: 339 SF @ $3.50/SF = $1,186.50 x 1.25 = $1,483.13 Temporary use permit: 1,695 SF @ $3.50/SF X.1O = 593.25 3. TOTAL COMPENSATION FOR PARCEL $2,076.38 4. IT IS UNDERSTOOD AND AGREED THE CITY SHALL MAKE THE FOLLOWING DISBURSEMENT OF PAYMENT NOT LATER THAN 30 DAYS FROM THE DATE WHEN TIllS AGREEMENT IS EXECUTED BY THE CITY OF BOZEMAN. A warrant in the amount of $2,076.38 to be made payable to William F. Buck, Sr.and Central Mortgage 321 Wickiup Dr. Florence, MT 59833 5. The above payment is for the acquisition of the fee estate and a 12.5-foot wide area adjacent to and southerly of the proposed acquisition for temporary use during construction. 6. . In addition to the paymentsset-f6rth above, the City shall cause its contractors to: ... (a) Properly repair any damage to the existing driveway leading from Babcock Road to the property 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 of the above described property, whether or not identified in this Agreement, that occurs as a direct result of the <a>nstruction. },': ::' 7. If the fence is disturbed during construction it will be replaced in as good or better condition. 8. If the septic system is disturbed, to such an extent that it is no longer functional, by the West Babcock Street improvement project, then the City, during construction of the project, will replace the functional utility of the septic system area that is disturbed. If possible, the on- site treatment system will be replaced on the subject lot. 9. The landowner will be permitted to connect to the sewer system on West Babcock only after payment of any fees, special assessments, etc. associated with the construction of a future Wilda Lane sewer main. Connection to the West Babcock main will not be permitted prior to the construction of said sewer main, that extension being long enough to serve all of the lots on Wilda Lane. The purpose of this condition is to ensure the participation of this landowner in the exten_sion of a seWtrr lJ!ain down WilfJ:i! Lane. _ This agreement is not intended to supercede part 8 above. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year as written below. ~MMENDED FOR APPROVAL p ~ t s /7 03 Right-of-Way Agent (Date! a APPROVED FOR AND ON BEHALF OF THE CITY OF BOZEMAN \ .~ "'""'" \ ~ 9/2/03 (Date) ATTESTED TOBY ~/ ~9/2/03 (Date) C erk of the CIty Comnllssloners APPROVED BY THE LANDOWNER (;(~~ f; ~ ~c ~t0-3 William F. Buck, Sr. ' (Date)