HomeMy WebLinkAbout16- Memorandum of Agreement - C. and J. Simmons - Bozeman to Bridger Mountains Trail PROJECT NAME: BOZEMAN TO
CITY OF BOZEMAN BRIDGER MOUNTAINS TRAIL
Department of Parks and Recreation PROJECT#: FHWA MT DOT 86(1)
TOP Program
PARCEL#:027A
MEMORANDUM OF AGREEMENT
MEMORANDUM OF AGREEMENT
AGREEMENT has been reached this 3vJ day of 2026 between JAMES
C. SIMMONS and JANET SIMMONS, as joint tenants, owner(s) Lot 2 of Minor Subdivision No. 133,
located in the NE1/4 of Section 33, Township 1 South, Range 6 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 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 027A): $ 29,350.00
Easement area: 0.900* (acres)
Total $ 29,400.00
*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.
6. The Sellers shall be paid the purchase price within 45 days from the date of signing this Agreement.
If the Sellers have not been paid in accordance with this agreement, the original Agreement is null
and void and to be returned to the Sellers at their request.
Of the total amount of compensation hereinabove agreed upon, the sum of$29,400.00 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:BOZEMAN TO BRIDGER MOUNTAINS TRAIL Parcel 027A
PROJECT#:FHWA MT DOT 86(1) Page 1 of 3
Disbursement of funds will be made in the following manner:
Seller(s) Amount of Payment
JAMES C. SIMMONS AND JANET SIMMONS $29,400.00
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.
JA S C. S MMONS AND J NET SIMMONS
Date:
(�
Jam C Simmons
jL,
ate: s� c
Jan Simmons
CITY OF BOZEMAN
Date:
By: Chris Kukulski
City Manager
ATTEST:
V<172r'V\- La62d,�� Date: S 1 to• 1(�
By: S{a-�t
City Clerk
A, e
CITY OF BOZE1u4;Pl � PROJ1�6-T NAME:BOZEMAN TO BRIDGER MOUNTAINS TRAIL Parcel 027A
*PROJECT*:FHWA MT DOT 86(1) Page 2 of 3
1883
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CURRE�WNER
JAMESC&JANETSIMMONS \\\ \\\ \\\\
280 BRASS LANTERN COURT
r BOZEMAN,_MT59715
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\\\\\ EXISTING PROPERTY LINEPARCEL 027A
E NEW PUBLIC USE
\\'EASEMENT
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BRIDGER CANYON ROAD
EXISTING EASEMENT
TRAIL CENTERLINE
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7-
RAN LEGEND
® EXISTING EASEMENT
CITY OF BOZEMAN R/W ACQUISITION N NEW EASEMENT
NEW PUBLIC USE EASEMENT 0.900ACRES ---- EXISTING ROW LINE
NEW TEMP.CONST.EASEMENT 0 ACRES EXISTING PROPERTY LINE
UNENCUMBERED REMAINDER 40.000 ACRES
NEW PUBLIC USE EASEMENT
NEW TEMPORARY CONSTRUCTION EASEMENT
RIGHT OF WAY REQUIRED FOR PROJECT 4524.11402.06
'A_ BOZEMAN TO BRIDGER MOUNTAINS TRAIL DATE 12/4/2015
p O W L GALLATIN COUNTY, MONTANA
2M Sta&m olive Elmman,Montane W715 PARCEL 027A FIGURE 1
406-SB6-BB34 .mw.�m NE 1/4 SEC 33, T1S R6E P.M.M. Page 3 OF 3