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2015 RIGHT OF WAY-BOULDER-SOUTH ROV%AFormslReslRe653 Revised 11-6-09 Montana Department of Transportation Michael T. Taoley, Director M -- — — 2701 Prospect Avenue Steve Bullock, Governor PO Box 201001 Helena MT 59620-1001 Right-of-Way Bureau - Real Estate Services Section 1111111IIIII 1111111111 IN December 3, 2014 253851 Fee $0.00 Page 1 or 4 JEFFERSON COUNTY Recorded 12/8/2014 At 10:45 AM JEFFERSON COUNTY BO E RAMEY, Cle�Py�)a,�n)d�Reder PO BOX H By t1214t�__1E — Deputy-Deputy _ BOULDER MT 59632-0249 Subject: Project ID: STPP 69-1(37)32 Project No: 2019-037-000 Designation: BOULDER - SOUTH Parcel No: 28 We are enclosing a certified approved copy of the Right-of-Way Agreement which you may retain for your records. We are also asking that you complete and return the enclosed Property Owner Survey. This survey provides valuable information that assists us in measuring the effectiveness of our efforts in securing right-of-way for highway construction purposes. Thank you for your cooperation in this matter. Page Kelly Piccolo Records Technician Enclosure An Equal Opportunity Employer STATE OF MONTANA DEPARTMENT OF TRANSPORTATION (hereinafter referred to as State, Department,Grantee,and/or MOT) RIGHT-OF-WAY AGREEMENT PE PROJECT ID: STPP 69-1(24)32 BOULDER- SOUTH RNV PROJECT ID: STPP 69-1(37)32 DESIGNATION JEFFERSON UNIFORM PROJECT No.: 2019-037-000 COUNTY Parcel From Station To Station Subdivision Section Township Range 28 788+01+/- RT 812+14.84 RT Tract"213-11A"COS NW%SW% 6N 4W 220408 Folio 715-A 33 List Names&Addresses of the Grantors (Contract Purchaser, Contract Seller, Lessee, etc.) Jefferson County PO Box H, Boulder, MT 59632-0249 (406) 225-4025 1. In consideration of the payments herein set forth and the specific agreements to be performed by the parties hereto and written in this agreement, the parties bind themselves to the terms and conditions stated herein. No verbal representations or agreements shall be binding upon either party. Grantor certifies that any encumbrances on the property are shown on this agreement. This agreement is effective upon execution by the Acquisition Manager or a designated representative, and possession of the property is granted to the Department when it sends the payment(s) agreed to below. Grantors contract that they will, on Department's request, execute a deed and/or easement required by Department for all real property agreed to be conveyed by this agreement. 2. COMPENSATION FOR LAND AND IMPROVEMENTS (List acreage and improvements to be acquired.) 0.73 acre irrigation ditch easement $1,950.00 3. OTHER COMPENSATION: None $0.00 4. TOTAL COMPENSATION (includes all damages to the remainder): 1 9$ 50.00. 5. IT IS UNDERSTOOD AND AGREED THE STATE SHALL MAKE PAYMENT AS FOLLOWS: A warrant in the amount of$1.950.00(One Thousand Nine Hundred Fifty Dollars and no1100)to be made payable to Jefferson County Treasurer and mailed to Jefferson County Treasurer at PO Box H, Boulder, MT 59632- 0249. 6. It is understood and agreed at no expense to the Grantors, the State will construct the fencing (including gates) listed below. It is further understood and agreed that a closure will be maintained at all times during the construction of the fence and the Grantors grant permission to the State to enter upon their property where necessary for the purpose of constructing fence as follows: Fence: A. Station 788+01+/-to Station 812+14.84 Build 6' high Chain Link Fence RT_ Gates: None Said fence shall become the property of the Grantors and will be the Grantors'obligation thereafter to maintain and repair. 7. This agreement, upon execution by an agent of the Department of Transportation and presentation to the owners so designated, constitutes a written offer of compensation in the full amount of the determined value, a summary of the property and property rights being acquired and agreement that possession of the property is granted to the Department when it sends the payment(s). MDT-RIGHT OF WAY IIIIIIIIIIIIIIIIIIIIIIVIIIVIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII THISDOriiw "RTIFIEDTOBEATRUE COPY OF THE ORIUNAL 253851 Fee $0.00 Page 2 of 4 1 of 3 INIT;AL�__uATE 1 Y-I9-ly JEFFERSON COUNTY Recorded 12/8/2014 At 10:45 AM BONNIE RAMEY, Clerk and Recorder R11N Project ID: STPP 69-1(37)32 Parcel No.: 28 (Continued from Previous Page) 8. The Grantors reserve the right to remove the hereinafter described improvements located in the right-of-way area on or before April 151", 2015. Upon exercising said reserved right, Grantors covenant and agree to remove all other work related rubbish from within the right-of-way area upon completion of moving operations, leaving only concrete foundations,footings and concrete flatwork in place; provided, however, that all fence posts and any reinforcing steel protruding from said remaining concrete foundations/footings shall be removed or sheared at all exposed surfaces of the concrete foundations/footings; and in the event there are holes, upon completion of moving operations the undersigned Grantors shall construct temporary barricades around the holes, to the satisfaction of the State, for the purpose of protecting pedestrians and animals from falling into such holes. The said improvements, which the Grantors reserve the right to remove, consist of: 6' high Chain Link Fencing Fabric and posts. If the improvements are not removed in their entirety, at the Grantors' expense on or before said date for any reason whatsoever, the right to remove improvements shall terminate and the Montana Department of Transportation shall dispose of improvements as it may see fit. Grantors will comply with all Federal, State and local laws and regulations which pertain to such removal, reinstallation, future use, and/or disposal of salvaged materials. 9. The current sign located at approximate mainline engineer Station 807+20+/- RT is considered an encroachment. Thg Grantors/Sign Owners reserve the right to remove the sign located in the right-of-way area on or before April 15 2015. The Grantor/Sign Owner understands and agrees that any re-erection of the sign, if salvaged, must comply with the applicable provisions of the Montana Outdoor Advertising Act, 75-15-101 through 75-15-134, MCA, and the Administrative Rules of Montana promulgated in support thereof, as administered by the Montana Department of Transportation. It is the responsibility of the sign owner to verify property lines and MDT right—of—way and to ensure that any re erection of a sign is on private property. Sign owner will bear the cost of moving any sign found to be re— erected on public right—of—way. If the improvements are not removed in their entirety, at the Grantors'/Sign Owners expense on or before said date for any reason whatsoever, the right to remove improvements shalt terminate and the Montana Department of Transportation shall dispose of improvements as it may see fit. 10. The Grantors agree to protect the State and save it harmless from all claims, actions or damages of every kind which may accrue to, or be suffered by, any person or persons, by reason of the performance of work identified above item #8 or item #9 or by the improper occupancy of the highway right-of-way ... and in case any suit or action is brought against the State, arising out of any of the above causes, the Grantors will defend the same at their sole expense and satisfy any judgment which may be rendered against the State. I IIIIIII III 111111111111111111111111111111111111111111111 253851 Fee $0.00 Page 3 of 4 JEFFERSON COUNTY Recorded 12/8/2014 At 10:45 AM BONNIE RAMEY, Clerk and Recorder Page 2 of 3 RNV Project ID: STPP 69-1(37)32 Parcel No.: 28 (Continued from Previous Page) 11111111111111111111INII1III1111IN 253851 Fee $0.00 Page 4 of 4 JEFFERSON COUNTY Recorded 12/8/2014 At 10:45 AM BONNIE RAMEY, Clerk and Recorder THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT ON THE DATES SHOWN: Grantor's Statement: We understand that we are required by law to provide our correct taxpayer identification number(s)to the Montana Department of Transportation and that failing to comply may subject us to civil and criminal penalties. We agree to provide our correct taxpayer identification number(s)by submitting a completed and signed W-9 or W-8 form. We further agree and authorize MDT to process the payments outlined in this agreement by withholding a percentage of the payments as required by the IRS if we fail to submit the W-9 or W-8 forms within 30 days of signing this agreement. �'/ Signature: Leonard Wortman, Commiss' n Chair (Date) Signature: (Date ) Signature: ave Kirsch, Commissioner (Date) Signature: (Date) Signature: Bob Mullen, Commissioner (Date) Signature: (Date) Signature: (Date) Signature: (Date) RECOMMENDED FOR APPROVAL: - APPROVED FOR AND ONBEHALF OF DEPARTMENT: _ i NM�vI✓ 6Nf Tracy L.Ti Right-of-Way Specialist (Date NSOP items approved, if applicable (Date) Qru �41z)`- Z 4 Consultant Project or RNV Manager, if applicable (Date) Therese Iwaniak, Butte District RAN Su ervi or (Date) Acquisition Manager (Date) Page 3 of 3