HomeMy WebLinkAbout17- Memorandum of Agreement - Montana Growth Opportunities, LLC - Baxter Lane Improvements (19th-7th Ave) �f� soZ PROJECT NAME: BAXTER LANE
,r•S _�_ CITY OF BOZEMAN IMPROVEMENTS(19TH-7TH)
Engineering Division PROJECT#: 4535.11402.11
Public Works Department
88 PARCEL M 14
0 MEMORANDUM OF AGREEMENT
MEMORANDUM OF AGREEMENT
AGREEMENT has been reached this -7 day of J�I , 20jl, between MONTANA
GROWTH OPPORTUNITIES, LLC, a Delaware Limited Liabilitq Company, the owner(s) of Lot 1B and Lot
2B of the amended subdivision plat of Gard ner-Simmental Plaza Subdivision, Gallatin County, Montana,
according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of
Gallatin County, Montana [Plat J-5-C], 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(Parcel 14): $ 5,173
Easement area: 3,339* (sqft)
Total (rounded) $ 5,200.00
*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 seller or 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.
Of the total amount of compensation hereinabove agreed upon, the sum of $5,200.00 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.
CITY OF BOZEMAN PROJECT NAME: BAXTER LANE IMPROVEMENTS(19TH-7TH) Parcel 14
PROJECT#:4535.11402.11 Page 1 of 3
Disbursement of funds will be made in the following manner:
Seller(s) Amount of Payment
Montana Growth Opportunities, LLC $5.200.00
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.
MONTANA GROWTH OPPORTUNITIES, LLC
J
i
Date:
Daniel Kenneally J I
Manager of Montana Growth pportunities, LLC
CITY OF BOZEMAN
Date:
By: nnis Taylor
Interim City Manager
ATTEST:
•` FBp "'-
•, Date: . E`}S 'o-O
By: Robin Crough •
City Clerk • <, •�
. r
IN C O.
CITY OF BOZEMAN PROJECT NAME: BAXTER LANE IMPROVEMENTS(19TH-7TH) Parcel 14
PROJECT#:4535.11402.11 Page 2 of 3
(EXISTING SEWER
` `iAND WATER PIPELINE
ACCESS EASEMENT
`i(DOC. 2574074)I`�
EXISTING
1PROPERTY
`.LINE (TYP)
'PARCEL 14 TICE ` `�\ `�\ `� `� EXISTING
` `\ NEW TEMPORARY ,\ �\ �� �� IRRIGATION TO .
CONSTRUCTION ` `� `� ` `� BE ADJUSTED
`,EASEMENT;\ WITH PROJECT
—� -
.. ..... ....... .....
.. ............. ......
.. ...... ....... .....
I
I
in. 00
1 +0 10 0
8 59' 8"
BAXTER LANE
Current Owner: LOT 2B OF THE AMENDED
Montana Growth SUBDIVISION PLAT OF
Opportunities, LLC GARDNER-SIMMENTAL PLAZA
SUBDIVISION
SEC. 35, T1S, R5E
R/W Legend
® Existing Road Right-of-Way
25 0 25 50
SCALE IN FEET New Easement Area
CITY OF BOZEMAN R/W ACQUISITION Area Remaining
NEW PUBLIC USE EASEMENT 0SQPT. -IN Existing Property Line
NEW TEMP.CONST.EASEMENT 3,339SQFT. U --- New Public Use Easement
New Temp. Const. Easement
® Right of Way Required Baxter Lane Improvements PROJECT: 4535.11402.11
N. 19th Ave.to N.7th Ave. DATE: 7/11P2017
I D 13 W L City of Bozeman,Montana FIGURE 1
2090Sladium Dme Bozeman,Montana 59715
4065868934 1— PARCEL 14 Page 3 of 3