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HomeMy WebLinkAbout16- Memorandum of Agreement - HD Development of Maryland, Inc. - Baxter Lane Roadway Improvements, Parcel 13-1 PROJECT NAME:BAXTER LANE CITY OF BOZEMAN ROADWAY IMPROVEMENTS Engineering Division 5� 9 9 Public Works Department PROD ECT M 4524.11402.01 �, a .,• PARCEL M 13-1 MEMORANDUM OF AGREEMENT MEMORANDUM OF AGREEMENT AGREEMENT has been reached this d qilk day of (DJube✓ 20_�L between HD DEVELOPMENT OF MARYLAND INC., a Maryland corporatie-n, the owner(s) of Lot 1, final plat of Home Depot Minor Subdivision No. 319, according to the plat thereof, recorded April 11, 2003, official records, Gallatin Couniy Montana, and being located in the East half of Section 2, Township 2 South, Range 5 East, P.M.M., Gallatin County Montana, hereinafter "seller(s)n 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: Public Use Easement(Parcel 13-1): $ 6,319 Easement area: 1,036* (sqft) Cost to Cure: $ 3,700 Total (rounded) $ 10,060 *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 representative, successors and assigns of the parties, only when the same shall have been approved by the City Manager on behalf of the Department of Parks and Recreation. 5. The property transfer shall be effective upon acceptance by Purchaser, evidenced by the execution of this Agreement by the CITY OF BOZEMAN and payment of the purchase price. Of the total amount of compensation hereinabove agreed upon, the sum of $10.050 shall be paid upon execution and delivery of a good and sufficient: ® Public Usc 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 ROADWAY IMPROVEMENTS Parcel 13-1 PROJECT*4524.11402.01 Page 1 of 3 Disbursement of funds will be made in the following manner: Seller(s) Amount of Payment Hd Development Of Maryland Inc. $10,050 The terms of this Agreement are understood and assented to by us and payment is to-be made in accordance with the above. HD DEVELOPMENT OF MARYLAND INC. Date: NamV Suzanne Russo Title: Senior Corporate Counsel Date: Name: Title: CITY OF BOZEMAN CLU l -�? Date: q- 17 By: Chris Kukulski City Manager ATTEST: ""` 30 • • ' II y • i� �-�� • IDate:cw�, C, "i) ( �I By: Robin Crough City Clerk -z-h • 1883 .•�� -- CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 13-1 PROJECT#:4524.11402.01 Page 2 of 3 IJ EXISTING ROAD RIGHT OF-WAY /(DOC 2016879AND MINOR SUB.319) /BAXT R LANE PARCEL 13-1 PUE EXISTING �/ NEW PUBLIC USE / CULVERT AND EAS�EjME/NT T /i DRAINAGE AREAS EXISTING A DRAINAGE POND r- \ ��A �� SEWER AND i� WATER EASEMENT _ ;l (DOC.2073229) I EXISTING .' PROPERTYEXISTING LINE " TELEPHONE EASEMENT (MINOR SUB. EXISTING SEWER ` 3 AND DRAIN PIPE EASEMENT \ `, (BOOK 106, PG.412) \ / \ \ WATERWAY AND PEDESTRIAN TRAIL \ EASEMENT (MINOR SUB.319) Current Owner: \\ HD Development of Maryland Inc. \ \\1771 N. 19th Avenue \\ \ �,P \ Bozeman,MT 59718 \\ RAN LEGEND �/////� E%ISTING EISEMFM NEW EASEMEM CITY OF BOZEMAN RM/ACQUIS71ON �1N■N � UNENCUMBERED REMAINDER AEW%1BLID U9E FJSF}Stf 1,mE SGFT I■ ---- EJUSTIN M-R.W-CF-W YUNE