HomeMy WebLinkAbout01- Ellison, Larry G. & Linda Y.; W. Babcock Rd - Right of Way Agreement
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RIGHT OF WAY AGREEMENT CITY OF BOZEMAN
West Babcock Road Project Parcel No. G(W) County of Gallatin
A tract ofland situated in SWl/4NWl/4 of Section 11. T.2S.. R.5E.. M.P.M.. Gallatin County.
Montana and more particularly described as follows:
Said tract ofland in the SW1/4 NWl/4 of Section 11. being rectangular in shape. 32.5
feet in width when measured at right angles in a northerly-southerly direction from the
south line of said SW1/4NWl/4 of Section 11. and 166.35 feet in length, when measured
along a line that is 30' northerly and parallel to said south line, beginning at a point that is
332.7 feet easterly of southwest corner ofSWl/4NWl/4, thence continuing easterly
along said line 166.35 feet to a point that is 499.05 easterly of southwest corner of
SW l/4NW 1/4 of Section 11. and containing 416 square feet, more or less; including
however. 75 square feet which constitutes a part of an existing public street. Gross R/W
Area 416 square feet; Existing Public R/W 75 square feet; Net R/W Area 341 square feet.
List Nanles & Address of the Grantor. Contract Purchaser & Lessee
Larry G & Linda Y. Ellison
3301 West Babcock Street
Bozeman, MT 59718
(Collectively the "Landowner")
1. IN CONSIDERATIQN OF THE PAYMENTS HEREIN SET FORTH AND THE
SPECIFIC AGREEMENTS TO BE PERFORMED BY BOTH PARTIES HERETO AND
WRITTEN IN THIS AGREEMENT. THE PARTIES HERETO BIND THEMSELVES TO
THE TERMS AND CONDITIONS SET FORTH HEREIN. NO VERBAL AGREEMENTS
SHALL BE BINDING UPON EITHER PARTY AND THIS AGREEMENT SHALL BECOME
EFFECTIVE UPON EXECUTION BYA DESIGNATED REFRESENTATIVE OF THE CITY
OF BOZEMAN.
2. COMPENSATION FOR LAND AND IMPROVEMENTS (List acres and/or sq. ft. and
improvements in the acquisition.)
Present Traveled Way: 75 SF
New acquisition: 341 SF
Compensation: 341 SF @ $3.50/SF = $1,193.50
75 SF @ -0-
Total $1,193.50 X 1.25 = $1,491.90
3. TOTAL COMPENSATION FOR PARCEL
$1,491.90
4. IT IS UNDERSTOOD AND AGREED THE CITY SHALL MAKE THE FOLLOWING
DISBURSEMENT OF PAYMENT NOT LATER THAN 30 DAYS FROM THE DATE WHEN
THIS AGREEMENT IS EXECUTED BY THE CITY OF BOZEMAN.
A warrant in the amount of$I,491.90 to be made payable to
Larry G & Linda Y. Ellison
3301 West Babcock Street
Bozeman, MT 59718
The above payment is for the acquisition of the fee estate only and does not include any area
outside of the area described.
5. In addition to the payments set forth above, the City shall cause its contractors to:
(a) Properly repair any damage to any existing driveway leading from Babcock Street
to the Landowner's property that occurs during the course of constructing,
,
.
.
to
widening, and improving Babcock Street (the "Construction Project"). The
driveway size will remain the same, and the approach will remain in its current
location.
(b) Properly repair any other damage of any kind or nature which occurs to any part
or portion of the Landowner's property lying adjacent to the above described
property that arises out of or results from the Construction Project. If damaged,
Landowner's adjacent property will be returned to at least the condition and state
of repair that it enjoyed prior to the occurrence of such damage.
(c) Reposition Landowner's mailbox at a location designated by Landowner,
provided however, that said location shall comply with postal regulations, city
ordinances and other applicable law and shall not interfere with the normal use of
the public right-of-way.
(d) Give Landowner a minimum of 72 hours advance notice of any closure of
Babcock Street that will impair access to Landowner's residence and business for
a period of more than one-half hour. It is the intent of the City to keep closures of
Babcock Street to a minimum.
(e) During construction of the project, reset survey pins delineating the boundary
between the above described tract and the Landowner's property
6. In any action brought by the Landowner or the City to enforce any terms of this
Agreement, the prevailing party in such action shall be entitled to such reasonable costs and
attorney fees as the court or arbitrator shall determine just.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year as
written below.
APPROVED BY THE LANDOWNER
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Larry G Ellison (Date)
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(Date) , .
Linda Y. Ellis
RECOMMENDED L.PROV AL
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Right-of- Way Agent (Date)
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For Engin enng Ivision (Date) ,
APPROVED FOR AND ON BEHALF OF THE CITY OF BOZEMAN
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(Date)
A TTESTE[t:'to.~-
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Clerk of t~O-cily'~issioners (Date)
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