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

THIS AGREEMENT AND GRANT OF RIGHT-OF-ENTRY FOR CONSTRUCTION is 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:

WHEREAS, MDT needs to construct emergency Project enter text; enter text in the County of enter text, Montana; and

WHEREAS, the nature of the project necessitates that MDT begin construction of the project prior to having final design of the construction and right-of-way limits; and

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;

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:

grants to MDT a right-of-entry for construction purposes on the property described in Item 3 below. It is understood and agreed hereto that this right-of-entry is being granted so MDT and/or its contractors can proceed immediately with the repair and/or reconstruction of the above referenced emergency project while the final highway construction limits and right-of-way limits are designed.

In consideration for this Right-of-Entry, MDT shall make the following payment: A warrant in the amount of $ enter text will be made payable to enter text and mailed to enter text.

The property governed by this right-of-entry is described as follows:

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.

This right-of-entry will commence on the execution of this agreement and will remain in effect for a period of 1 year from that date.

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.

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

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

If permanent right-of-way is necessary when the final highway design is complete, MDT shall design the final right-of-way limits based on ten (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.

When the final right-of-way limits and acreage are known, MDT will appraise said right-of-way and will contact landowner to negotiate the final settlement.

MDT will maintain a closure at all times during construction of the highway project and, when the final right-of-way limits are known, MDT will construct the following fencing and gates on the final right-of-way limits. 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	Build enter text	Choose an item Choose an item

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

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; it being the intent of this instrument to grant only the temporary right to possession of said property unto MDT. Provided further, that nothing herein contained shall be interpreted to, in any way, affect the possibilities of further negotiations as to compensation for the final right-of-way limits.

MDT will make every effort to restore Owner’s property outside the final right-of-way limits to preconstruction condition. However, 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.

Permission is hereby granted the State to enter upon the Owner’s land, where necessary and for the purpose of constructing approaches 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.

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.

Choose a building block.

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