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Home My WebLink About17- Memorandum of Agreement - J. Swenson - Oak Street Roadway Improvements, Parcels 6-1, 6-2, and 6-3 o B°2rt, PROJECT NAME:OAK STREET CITY OF BOZEMAN ROADWAY IMPROVEMENTS Engineering Division * 134 PROJECT M 4524.11402.05 _ Public Works Department `t,r� 88 o?�i' PARCEL#:6-1, 6-2, and 6-3 MEMORANDUM OF AGREEMENT MEMORANDUM OF AGREEMENT AGREEMENT has been reached this J day of 01a rc k , 20L,7,-between JANET M. SWENSON,the owner of Tract 1A Of Certificate Of Survey No. 2007, located in the E'/SE%of Section 3, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk And Recorder, Gallatin County, Montana, hereinafter "Seller' 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 6-1): $ 110,475 Easement area: 52,607* (sqft) Temporary Construction Easement (2 year time period, Parcel 6-2): $ 1,538 Easement area: 3,661* (sqft) Temporary Construction Easement (2 year time period, Parcel 6-3): $ 7,600 Easement area: 18,095* (sqft) Cost to Cure (fencing) $ 7,500 Total (rounded) $ 127,150 "See Figure 1 attached Other Provisions: 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. 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 hereby agrees that the compensation herein provided to be paid includes full compensation for Sellers interest and the interests of Seller's 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 agrees 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 CITY OF BOZEMAN and payment of the purchase price. 6. The Seller agrees that Seller is solely responsible to install new fencing on Sellers property. 7. The Purchaser, at Purchaser's expense, agrees to install a new 8-inch water line stub with the Oak Street Improvements project as shown on Figure 2 attached. CITY OF BOZEMAN PROJECT NAME:OAK STREET ROADWAY IMPROVEMENTS Parcel 6-1,6-2,and 6-3 PROJECT#:4524.11402.05 Page 1 of 5 8. The Purchaser agrees to install a new 8-inch sanitary sewer line stub connecting to an existing sanitary sewer main adjacent to the proposed route of Fowler Lane south of Oak Street as shown on Figure 2 attached. The sanitary sewer line stub shall extend from the existing sanitary sewer main to the boundary between the Public Use Easement (Parcel 6-1) and the remainder of Tract 1A of Certificate of Survey No. 2007. The sanitary sewer line stub shall be put into place on the earlier of (i) the construction of Fowler Lane south of Oak Street; or (ii) when requested by Mrs. Swenson (or her successors or assigns) at any time after any portion of Tract 1A of Certificate of Survey No. 2007 has been annexed into the City of Bozeman. For avoidance of doubt, the sanitary sewer line stub shall be installed by the Purchaser, at Purchaser's expense, regardless of whether development of Tract 1A of Certificate of Survey No. 2007 commences before or after the construction of Fowler Lane south of Oak Street. 9. All express representations, warranties, and continuing obligations made in or given in this Agreement, including but not limited to those stated in paragraphs 6, 7, and 8 above, will survive the closing of the purchase and sale transaction contemplated by this Agreement, and such express representations, warranties, and continuing obligations shall not merge into the terms of any deed of easement or other instrument of conveyance. Of the total amount of compensation hereinabove agreed upon, the sum of $127,150 shall be paid upon execution and delivery of a good and sufficient: ® Public Use Easement, ® Temporary Construction Easements, and the balance of the compensation, amounting to$ 0.00 shall be paid upon compliance by the Seller with the terms hereof. Disbursement of funds will be made in the following manner: Seller Amount of Payment Janet M. Swenson $127.150 The Seller certifies that to Seller's knowledge 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. JANET M. SWENSON Date: ` et M. Swenson CITY OF BOZEMAN PROJECT NAME:OAK STREET ROADWAY IMPROVEMENTS Parcel 6-1,6-2,and 6-3 PROJECT#:4524.11402.05 Page 2 of 5 CITY OF BOZEMAN &". K Date: By: C`-°- Kukulskim pq►r►is u(toe, Eitq-Mcu alter lwk v►yo,CA VW)f-V ATTEST: BO 'r' OF• • .?� . 61 �-� ' • ?s-4. 1 •�y Date: By: Ro m Crowe: City Clerk _ • ?�L•, 1883 CITY OF BOZEMAN PROJECT NAME:OAK STREET ROADWAY IMPROVEMENTS Parcel 6-1,6-2,and 6-3 PROJECT#:4524.11402.05 Page 3 of 5 OAK STREET' a o Q POB_I \ \\\ EXISTING \\` \\ \` \ \ ]OVERHEAD ��\\` `\ROIADING UTILITY \\;RIGHT-OF-WAY`\- \ \ EASEMENT \\ \\ -�--\ I \\ `\\\\\\\\\ PARCEL 6-1 PUE \� \\` \\`jNEW PUBLIC USE IN ARCEL 6-2 TCE \\�``\EASEMENTEWTEMPORARYONSTRUCTIONASEMENT \\ PARCEL 6-3 TCE \\\`\\ .� \\`\\\\\\\\\\\yNEWTEMPORARY ,\\\\\\ \\ \\ \ \\ \\ \\�EAOSEMENTTION \\\\\\ \ I \` \ I \\`\\\\EXISTING \``�\\\ ```�;\\��\``�``` `\`\\\`\ ,`;\; \\` \PROPERTY \` LINE \\\\\ \\\\ Current Owner: \\\ Janet M. Swenson \` \ \` 4959 Durston Rd. ` ' " ``\.\`\ '`\ \ I \\ Bozeman, MT 59718 � \\\ \\\\ \\ ' 40 \-yTRACT 1A OF COS 2007 SEC. 3, T2S, R5E OV_ a R/W LEGEND 150 0 75 150 SCALE IN FEET ® EXISTING ROAD RIGHT-OF-WAY NEW EASEMENT CITY OF BOZEMAN RNVACQUISITION \\\\\\\ UNENCUMBERED REMAINDER NEW PUBLIC USE EASEMENT 521607 SOFT NEW TEMP.CONST.EASEMENT 21,756 SOFT ---- EXISTING ROAD RIGHT-OF-WAY ---- EXISTING EASEMENT EXISTING PROPERTY LINE NEW PUBLIC USE EASEMENT NEW TEMPORARY CONSTRUCTION EASEMENT A, Rig t of Way Required for Oak Street and PROJECT: 4524.11402.05 Davis Lane Roadway Improvements DATE: 12/152016 B O W L City of Bozeman, Montana FIGURE 1 �8�'B° niDrive _'_ms PARCEL 6 Page 3 of 4 EXISTING / / : :A. PROPERTY LINE Current Owner: Janet M. Swenson 4959 Durston Rd. EXISTINGOVERHEAD Bozeman, MT 59718 UTILITY / EASEMENT TRACT 1A OF COS 2007 7 W-1 SEC. 3, T2S, R5E / NEW 8" WATER STUB RNVLEGEND / ® EXISTING ROAD RIGHT-OF-WAY EXISTING / /: . ; •¢ j WATER :i 0 MAIN NEW EASEMENT UNENCUMBERED REMAINDER / / . : •'� I m --- EXISTING ROAD RIGHT-OF-WAY / .I:m: o --- EXISTING EASEMENT / Q EXISTING PROPERTY LINE NEW PUBLIC USE EASEMENT NEW TEMPORARY CONSTRUCTION EASEMENT Q Z. NOT TO SCALE / NEW PUBLIC USE / I' EASEMENT / NEW TEMPORARY / :I CONSTRUCTION EASEMENT / EXISTING PROPERTY LINE / . . JJ!! . : . . • . • . �`: : : � :�' . •. �` ' F OW LER LANE y FUTURE) I I EXISTING I NEW 8" --�i SEWERRY SANITARY �, MAIN SEWER — STUB ® Right of Way Required for Oak Street and PROJECT: 4524.11402.05 Davis Lane Roadway Improvements DATE: 3/13/2017 B O W L City of Bozeman, Montana FIGURE 2 40°°&8°�nDr1Ve �"'a""'" W-m5 PARCEL 6 Page 4 of 4