HomeMy WebLinkAbout17- Memorandum of Agreement - TCIP Partnership - Baxter Lane Improvements (19th-7th) o�BOZ PROJECT NAME: BAXTER LANE
CITY OF BOZEMAN IMPROVEMENTS(19TH-7TH)
Engineering Division PROJECT#: 4535.11402.11
:___=_` <r Public Works Department
88 � PARCEL#: 17-1 AND 17-2
MEMORANDUM OF AGREEMENT
MEMORANDUM OF AGREEMENT
AGREEMENT has been reached this 11"I" day of / 201-7, between TCIP
PARTNERSHIP, a Minnesota General Partnership, the owner(s) of Lot 1 of Block 1 of Tange's Addition to
Bozeman, 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, 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 17-1): $ 655
Easement area: 304* (sgft)
Temporary Construction Easement(Parcel 17-2): $ 655
Easement area: 304* (sgft)
Total (rounded) $ 1,350.00
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.
6. The Seller(s) hereby agree(s) that the Purchaser will remove existing trees, landscaping, and
irrigation in the existing road right-of-way and the items will not be replaced. The Purchaser agrees
to adjust the affected remaining existing irrigation system on the Seller's property to put it back in
working order.
Of the total amount of compensation hereinabove agreed upon, the sum of $1,350.00 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 17-1 and 17-2
PROJECT#:4535.11402.11 Page 1 of 3
Disbursement of funds will be made in the following manner:
Seller(s) Amount of Payment
TCIP Partnership $1,350.00
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.
TCIP PARTNERSHIP (OWNER)
Date: 11S
Name:
Titlelpvs wr-
BOZEMAN INVESTORS OF DULUTH LIMITED PARTNERSHIP (LESSEE)
Att/�,- � Date: 71' l 1 7
Name:
Title:
CITY OF BOZEMAN
/tn" 1 Date: r /11
/
By: ennis Taylor
Interim City Manager
ATTEST:
$02
Date: •l
By: Robin Crough • .�r Jc•�'�'�''.
City Clerk •
g
' Y
PIN
CITY OF BOZEMAN PROJECT NAME: BAXTER LANE IMPROVEMENTS(19TH-7TH) Parcel 17-1 and 17-2
PROJECT#:4535.11402.11 Page 2 of 3
V A A A
EXISTING I\\ `\
(PROPERTY
` \\ 'LINE (TYP)!
IPARCEL 17-1 TICE
\ �\ \ NEW TEMPORARY
\ CONSTRUCTION '
`\ EASEMENT
`SEE NOTE 1I\ ` V `
f7e
\`\ \`\ \ \`\IPARCEL 17-2 TCE
\\ \\ \\ \\ \\ NEW TEMPORARY
`jCONSTRUCTION
\\ \\ \\ \\ \\ EASEMENT
\\ \ LOT 1, BLOCK 1, TANGE'S
ADDITION TO BOZEMAN
- SEC. 1, T2S, R5E\\
NOTES: `�_ \\ l \` `� `\ 17.'
1. EXISTING TREES AND LANDSCAPING
TO BE REMOVED BY CONTRACTOR.
2. ALL EXISTING IRRIGATION TO BE
ADJUSTED BY CONTRACTOR.
3. BUSINESS SIGN NOT TO BE
DISTURBED. �' n _ r-
\ r
Current Owner: R/W Legend
TCIP Partnership
® Existing Road Right-of-Way
50 0 50 100
SCALE IN FEET New Easement Area
CITY OF BOZEMAN RNV ACQUISITION Area Remaining
NEW PUBLIC USE EASEMENT 0SOFF. N Existing Property Line
NEW TEMP.CONST.EASEMENT BOB SQFT. --- New Public Use Easement
New Temp. Const. Easement
Right of Wa Re uired Baxter Lane Improvements PROJECT: 4535-11402.11
9 Y q P
N. 19th Ave.to N.7th Ave. DATE: 511512017
D O W L City of Bozeman, Montana FIGURE 1
2090 Stadium Drive Bozeman,Montana 59715 PARCEL 17-1 & 17-2
406-586-8834 w�,.do-h,.�„ Page 3 of 3