Project No.:	enter text	Designation:	enter text
Project ID:	enter text	Parcel No.:	enter text

THIS AGREEMENT AND GRANT OF POSSESSION made and entered into on this date choose a date., by and between the STATE OF MONTANA, acting by and through its Department of Transportation, hereinafter called MDT, and enter text of enter text, enter text County, Montana, hereinafter called the Owner,

W I T N E S S E T H:

THAT, WHEREAS, MDT is constructing and reconstructing Design Build Project enter text in the County of enter text, Montana;

WHEREAS, the Owner owns certain real property or an interest therein in the said County of enter text, all or a portion of which is required and will be necessary for said highway project, and

NOW THEREFORE, for One Dollar ($1.00) in hand paid and other good and valuable consideration as herein set forth, the parties hereto agree as follows:

A warrant in the amount of $ enter amt will be made payable to enter text and will be mailed to enter text at enter text.

The property governed by this instrument is described as follows:

Parcel No. enter text on Montana Department of Transportation Project enter text, as shown on the Right-of-Way plan for said project recorded in the office of the County Clerk and Recorder of enter text County, Montana. Said parcel is also described as a tract of land in the enter text of Section enter text, Township enter text, Range enter text, P.M.,M., enter text County, Montana, as shown by the shaded area on the plat, consisting of enter text sheets attached hereto and made a part hereof, containing an area of enter text acres, more or less, including enter text acres, which constitute a part of an existing public highway.

Temporary Construction Permit. Permission is hereby granted MDT to enter upon the Owner’s land, where necessary and for the purpose described as follows:

A.	Station enter text to Station enter text	enter text temporary construction permit for enter text	Choose an item Choose an item

It is understood and agreed that temporary construction permits will commence on the date the State gives its contractor notice to proceed with construction of this project and will remain in effect for a period of enter text years from that date.

That MDT shall have, upon execution hereof, the exclusive right to and use of the herein described property, including the soil, gravel and other materials, in the same manner and respect and to the same extent as if there had been a duly issued order finding public necessity for such property and an order putting MDT in possession.

The Owner, upon execution hereof, shall not remove soil, gravel or other materials from, or in any manner alter said property without the consent of MDT.

Owner shall not construct any permanent structure on or otherwise improve said property.

When the final highway design is complete, and construction limits are known, the Owner shall convey by Bargain and Sale Deed to MDT all right-of-way up to 10 feet from the new construction limits, plus any right-of-way necessary for clear zone and utility requirements. The final right-of-way limits will be based on MDT’s then-current design standards.

It is agreed that the compensation to be paid for this right-of-way shall be determined pursuant to Mont. Code Ann. § 70-30-302.

In the event it becomes necessary to file an action in eminent domain, the Owner shall enter into a stipulation consenting to findings as follows or as required by the then-existing law:

a.	That the use for which the Owner’s property is sought is appropriate and is a public use as authorized within the meaning of the laws of the State of Montana;

b.	That the property has not been previously appropriated to any public use;

c.	That the taking of the property as prayed for in the complaint or any amendment thereof, and to the extent therein described, is necessary to such use;

d.	That the public interest requires the taking of such lands and interest therein;

e.	That said highway referred to in the complaint or any amendment thereof has been located along a route which will be most compatible with the greatest public good and the least private injury; and

f.	That the interest sought is the minimum necessary interest.

In the event the Owner fails or refuses to so stipulate, MDT may file this agreement with the court, and the court shall enter its Preliminary Order of Condemnation and Order of Possession.

That permission is hereby granted to permit MDT, its contractors or assigns to relocate utilities and/or perform construction in accordance with the plans attached hereto as Exhibit “A”.

It is understood and agreed at no expense to the Owner, MDT 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. Owner grants permission to MDT to enter upon Owner’s property where necessary for the purpose of constructing fence as follows:

A.	Station enter text to Station enter text	Build enter text	Choose an item Choose an item
B.	Station enter text to Station enter text	Build enter text	Choose an item Choose an item
C.	Station enter text to Station enter text	Build enter text	Choose an item Choose an item

Upon construction, said fence shall become the property of the Owner and will be the Owner’s obligation thereafter to maintain and repair.

That not withstanding the foregoing, the Owner shall be entitled to possession of the property sought to be acquired until MDT’s contractors have been given the notice to proceed with utility relocations and/or construction of the project.

Owner certifies that any encumbrances on the property are shown on this agreement.

That it is understood and agreed by the parties hereto that nothing contained herein shall be interpreted to in any way affect or jeopardize any right or rights that either party may have under the statutes and the laws of Montana governing the process or procedure of eminent domain proceedings insofar as the determination of compensation for the above-described property is concerned; it being the intent of this instrument to grant only the right to possession of said property unto MDT and to evidence the agreement of the parties hereto to enter into a stipulation of public use and necessity in the event of the instigation of eminent domain proceedings and until the final disposition of such proceedings. Provided further, that nothing herein contained shall be interpreted to, in any way, affect the possibilities of further negotiations as to compensation.

While MDT will make every effort to restore Owner’s property outside the right-of-way to preconstruction condition, Owner understands and acknowledges that there may be some disturbance of the land outside the right-of-way, including a change in the amount of topsoil in the area. Owner shall not seek compensation for such minimal disturbance or for placement of fill to construct approaches.

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Owner reserves the right to reasonable access from the above-mentioned project to the adjacent property from those accesses set forth in the right-of way plans on file with the Clerk and Recorder of the County in which the project is located, or additional accesses allowed by MDT under policies current at the time the Owner makes application for such additional access.

Permission is hereby granted MDT to enter upon the Owner’s land, where necessary and for the purpose described as follows:

A.	Station enter text	enter text	Choose an item Choose an item

It is understood and agreed by the parties hereto that the locations of these approaches are subject to adjustment at the time of construction to achieve the best physical location for said approaches. Changes in the proposed locations will be coordinated with the Owner. The Owner shall maintain, at the Owner’s sole expense, all approaches identified in this agreement. The Owner agrees to maintain said approaches in a condition that is satisfactory to MDT. The Owner further agrees to conduct maintenance activities in a prudent manner providing for the safe and continued operation of thru traffic on the highway. Physical changes in size or location or a change in use of these approaches cannot be made without first obtaining an approved approach permit from MDT.

All drainage facilities within the existing and new right-of-way/easement associated with these accesses, i.e., approach culverts, drainage ditches, will be maintained by MDT at MDT’s sole expense. MDT will not maintain any drainage facilities installed solely for the perpetuation of private irrigation waters.

This Agreement is binding upon the heirs, personal representatives, successors, and assigns of each of the parties hereto.

IN WITNESS WHEREOF, the parties hereto have affixed their hands and seals on the day and year first hereinabove written.

OWNER:

Owner’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.

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STATE OF MONTANA, DEPARTMENT OF TRANSPORTATION:

Recommended for Approval	NSOP Approval, if applicable
By:	By:
Right-of-Way Agent

Recommended for Approval	Approved on Behalf of MDT
By:	By:
District Right-of-Way Supervisor	Right-of-Way Bureau Chief

By:
Acquisition Manager