HomeMy WebLinkAbout17- Memorandum of Agreement - B. and M. Daly - Baxter and Cottonwood Roadway Improvements �og's0 PROJECT NAME: BAXTER/
�ti x CITY OF BOZEMAN COTTONWOOD ROADWAY
Engineering Division IMPROVEMENTS
Public Works Department PROJECT#: 4535.11402.10
9 ---'
MEMORANDUM OF AGREEMENT TCE M 2-1 AND 2-2
MEMORANDUM OF AGREEMENT
AGREEMENT has been reached this j-711,day of I V , 20_g, between BROOK V.
DALY AND MICHELLE R. DALY, as joint tenants, the owners o a tract of land in the SW1/4 of Section
34, Township 1 South, Range 5 East, M.P.M., Gallatin County, Montana, more particularly described as
follows: Beginning at a point on the South line of said section, which said point bears East a distance of
248.6 feet from the southwest corner of said section; Thence north 10 25.9' West along the line of a metal
post fence a distance of 246.8 feet to a point marked by a metal fence corner post; Thence North 89'
53.6' east a distance of 392.8 feet to a point marked by a steel rod; Thence South 6°44.7' East along the
foot of the West bank of a ditch a distance of 249.2 feet to a point marked by a steel rod in the South line
of said section; Thence West along said South line a distance of 415.9 feet to the point of beginning.
According to plat recorded in Book 148 of Deeds, Pages 206 and 207, hereinafter "Seller(s)" and the
CITY OF BOZEMAN hereinafter"Purchaser" for the purchase of said property interest(s). The amount to
be paid and other considerations to be given in full satisfaction of this Agreement are as follows:
Temporary Construction Easement(TCE 2-1): $ 276
Easement area: 480* (sgft)
Temporary Construction Easement (TCE 2-2): $ 104
Easement area: 182* (sgft)
Total (rounded; $500 minimum) $ 500.00
See Figure 1 attached
Other Conditions:
1. Taxes and Special Assessments, if any, delinquent from former years, and Taxes and Special
Assessments for the current year, if due and/or payable, shall be paid by the Sellers .
2. This Memorandum embodies the whole Agreement between the parties hereto as it pertains to
the real estate, and there are no promises, terms, conditions or obligations referring to the subject
matter hereof, other than as contained herein.
3. The Seller(s) hereby agree(s) that the compensation herein provided to be paid includes full
compensation for their interest and the interests of their life tenants, remaindermen, reversioners,
liens and lessees, and any and all other legal and equitable interest that are or may be
outstanding and said Seller s agree(s) to discharge the same.
4. This Agreement shall be deemed a contract extending to and binding upon the parties hereto and
upon the respective heirs, devisees, executors, administrators, legal representatives, successors
and assigns of the parties, only when the same shall have been approved by the City Manager on
behalf of the Public Works Department.
5. The property transfer shall be effective upon acceptance by Purchaser, evidenced by the execution
of this Agreement by the Purchaser and payment of the purchase price.
6. The TCE's are required to rebuild the driveway approaches in their existing location.
CITY OF BOZEMAN PROJECT NAME:BAXTER/COTTONWOOD ROADWAY IMPROVEMENTS TCE 2-1 and 2-2
PROJECT#:4535.11402.10 Page 1 of 3
Of the total amount of compensation hereinabove agreed upon, the sum of $500.00 shall be paid upon
execution and delivery of a good and sufficient: ❑ Public Use Easement, ® Temporary Construction
Easement, and the balance of the compensation, amounting to $ 0.00 shall be paid upon compliance by
the Seller(s) with the terms hereof.
Disbursement of funds will be made in the following manner:
Seller(s) Amount of Payment
Brook V. Daly And Michelle R. Daly $500.00
The Seller(s) certify that there are no known hazardous materials on the property.
The terms of this Agreement are understood and assented to by us and payment is to be made in
accordance with the above.
BROOK V. DALY AND MICHELLE R. DALY (OWNERS)
\ Date:
Brook V. Daly
W Date: "7 t-7. i
Michelle R. Daly
TEN NTS
llt44t'
Date.
Date:
TY OF BOZEMA N Q
Date: V '
B - Dennis Taylor
Interim City Manager
07,EM
ATTEST:
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^ >4 � r
• � � °z Date. 9S
By: Robin Crough ��d ���°°tio
City Clerk
CITY OF BOZEMAN PROJECT NAM`�:'�AXTER/COTTONWOOD ROADWAY IMPROVEMENTS TCE 2-1 and 2-2
PROJECT#:4535.11402.10 Page 2 of 3
Current Owner:
Brook V. Daly and
Michelle R. Daly
4555 Baxter Lane
Bozeman, MT 59718
, r
\\\\ \\\\ \\\\ \SWY4 OF SEC. 34
\\)EXISTING� `\\\ \\\1S, R5\
PROPERTY
\ LINE (TYP) \\ \\\ \TCE22 \ \\ \\\\\\
\\ \\ \\ \ \\ TEMPORARY \
\ \\\\ \\\\ \\\\ \\\CONSTRUCTION \\\ \\\
\ \\ \\\ \\\ \EASEMENT
\\ \\ \\ TCE 2-1
\\ \\\ \\\\ \\TEMPORARY
\\\ \ \\\ \\ CONSTRUCTION
EXISTING \\ EASEMENT I \\\ \\\\ \\ {
\IROAD \\ \\\ \\\ \\ \ \ \
\NRIGHT-OF-WAY\\
BAXTERRLLLAANE
R/W Legend
40 U 40 ao ® Existing Road Right-of-Way
SCALE IN M7 New Temp. Constr. Easement
Unencumbered Remainder
---- Existing Right-of-Way
CITY OF BOZEMAN RM ACQUISITION
NEW TEMP.CONSTR.EASEMENT 662 SOFT !N Existing Easement
IExisting Property Line
Right of Way Required for Baxter Lane and PROJECT: 4535.11402.12
g y 9 DATE: 6192017
Cottonwood Road Roadway Improvements
D O W L City of Bozeman, Montana FIGURE 1
2M Stadwm Dare B�,Montane&V15 PARCEL 2-1 &2-2
40 58M0 —.o � Page 3 of 3