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HomeMy WebLinkAbout16- Memorandum of Agreement - C. Holt - Bozeman to Bridger Mountains Trail Project o�so PROJECT NAME: BOZEMAN TO CITY OF BOZEMAN BRIDGER MOUNTAINS TRAIL * Department of Parks and Recreation TOP Program PROJECT#: FHWA MT DOT 86(1) ` �N8 , PARCEL#:024A CO.o. u� MEMORANDUM OF AGREEMENT MEMORANDUM OF AGREEMENT AGREEMENT has been reached this 9 A day of R47 2016. between CAMERON J. HOLT, the owner(s) of a tract of land in the S'/2SWY4NE% f Section 33, Township 1 South, Range 6 East, M.P.M., Gallatin County, Montana, more particularly described as beginning as a point which bears N 0° 35' W, a distance of 334.09 feet and S 890 5T W, a distance of 2065.19 feet from the E%corner of said Section 33, said point being on the north right of way of Bridger Canyon Road FAS370 (10) as now laid out and constructed. Thence S 89' 57' W along said right of way line, a distance of 520.3 feet, thence N 1' 21' W, a distance of 225.3 feet, thence S 89' 59, E, a distance of 472.7 feet, thence S 13' 16' E, a distance of 230.6 feet to the point of beginning according to survey recorded in book 152 of deeds, page 488, records of 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: Public Use Easement(Parcel 024A): $ 8,650.00 Easement area: 0.183* (acres) Total $ 8,650.00 *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 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 $8,650.00 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 CITY OF BOZEMAN PROJECT NAME: BOZEMAN TO BRIDGER MOUNTAINS TRAIL Parcel 024A PROJECT* FHWA MT DOT 86(1) Page 1 of 3 the seller(s)with the terms hereof. Disbursement of funds will be made in the following manner: Seller(s) Amount of Payment CAMERON J. HOLT $8,650.00 The Seller(s) certify that there are no known hazardous materials on the prope q. The terms of this Agreement are understood and assented to by us and payment is to be made in accordance with the above. CA ON J. HOLT i Date: / Cameron J. HOLT CITY OF BOZEMAN C �o Date: By: Chris Kukulski City Manager ATTEST: 'Deite: S •23 1 b By. rey Himen- �o C �'B O?44 ? J . City Clerk K. �T CITY OF BOZEMAN PROJECT NAME: BOZEMAN TO BRIDGER MOUNTAINS TRAIL Parcel 024A PROJECT#:FHWA MT DOT 86(1) Page 2 of 3 CURRENT OWNER: CAMERON J. HOLT 3691 BRIDGER CANYON ROAD BOZEMAN MT 59715_ 8Y2SWya�NE%aOF� \\\\ `�\\\ . SEC. 33 T1S R6E \ EXISTING PROPERTY \ PARCEL 024A PUE NEW PUBLIC USE \ \ \ \ EASEMENT \ \ `• C`\ V TRAIL CENTERLINE EXISTING EASEMENT BRIDGER CANYON ROAD • s- ��R :mil — RM LEGEND ® EXISTING EASEMENT