HomeMy WebLinkAbout01- Loterbauer, Edward L. & LeEtta L.; W. Babcock Rd - Right of Way Agreement
CITY OF BOZEMAN
West Babcock Road Project Parcel No. 10 County of Gallatin
. RIGHT OF WAY AGREEMENT
A tract ofland situated in SWII4 NWl/4 of Section 11. T.2S.. R.5E.. M.P.M.. Gallatin County.
Montana and more particularly described as follows:
All that part of Tract I of Van Horn Subdivision, lying northerly of a line that is 32.5 feet southerly, when
measured at right angles, of the north line of the SW1I4 of said Section ll~ and containing an area of 3,250
square feet, more or less.
List Names & Address of the Grantor. Contract Purchaser & Lessee
Edward L. & LeEtta L. Loterbauer
3324 West Babcock Street
Bozeman, MT 59718 .
1. IN CONSIDERATIQN OF THE PAYMENTS HEREIN SET FORTH AND THE
SPECIFJC AGREEMENTS TO BE PERFORMED BY BOTH 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 THIS AGREEMENT SHALL BECOME
EFFECTIVE UPON EXECUTION BY A DESIGNATED REFRESENT ATIVE OF THE CITY
OF BOZEMAN.
2. COMPENSATION FOR LAND AND IMPROVEMENTS (List acres and/or sq. ft. and
improvements in the acquisition.)
Land: 3,259 SF (Total)
Encumbered fee 1,100 SF @ $0.35/SF = $ 385.00
Present Traveled Way: 1,000 SF -0-
New acquisition: 1,150 SF @ $3.50/SF = $4,025.00 x 1.25
Compensation:
$6,137.50
3. TOTAL COMPENSATION FOR PARCEL
$6,137.50
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.
A warrant in the amount of $6, 13 7.50 to be made payable to
Edward L. & LeEtta L. Loterbauer
3324 West Babcock Street
Bozeman, MT 59718
5. The above payment is for the acquisition of the fee estate only and does not include any area
outside of the area described.~
6. In addition to the payments set forth above, the City shall cause its contractors to:
(a) Properly repair any damage to the existing <tnv,way leading from Durston Road
to the pr.qppty that occurs during the cour~o ~fthe 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 construction.
7. The City of Bozeman will connect the subject property to the City sewer system at no
cost to the landowner. The connection will be made at the time that the City constructs the
major improvements to West Babcock that are currently being planned. The sewer
connection will conform to current standards. The landowner will be responsible for the
monthly sewer charge.
8. The landowner agrees to execute an annexation with the City of Bozeman. Fire and street
impact fees will not be required with this annexation for the existing improvements. If the
landowner does not proceed with annexation within one year then the landowner may have
to pay the street and impact fees upon annexation.
9. Once annexed the City agrees to connect the landowner to the City water system at the same
time that the sewer connection is made by the City. The landowner will be responsible for
payment of the water impact and all connection fees at that time.
10. The City agrees to "Grandfather" any current uses of the subject property.
11. The City agrees to try and save as many trees and shrubs as feasible on the subject property
during construction. The landowner acknowledges that this is only an attempt to save trees
and shrubs and is not a commitment by the City to save specific trees.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year as
written below.
For Engineering Division (Date)
APPROVED FOR AND ON BEHALF OF THE CITY OF BOZEMAN
By: J ~ i3/13/01
(City Manager) (Date)
APPROVED FOR AND ON BEHALF OF THE LANDOWNER
~ ~ l' / ~L dkc?:'L..L:;L,<-<.-V
Edward L. Loterbauer and LeEtta L. Loterbauer (Date)