HomeMy WebLinkAbout18- Memorandum of Agreement - G. Westlake and D.K. Martinen, LLC - 5th Ave Trail Improvements PROJECT NAME: 5TH AVE.TRAIL
CITY OF BOZEMAN IMPROVEMENTS
'ci 9x Engineering Division
* , r *,Y PROJECT M 4524.11402.03
N� rx Q a Public Works Department
88�-`-�¢G' PARCEL M 2-1,2-2,3-1,AND 3-2
N�o. MEMORANDUM OF
EASEMENT AGREEMENT
MEMORANDUM OF EASEMENT AGREEMENT
AGREEMENT has been reached this _� day of , 20LE, between GEORGE E.
WESTLAKE AND D.K. MARTINEN, LLC., a Washington limited liability corporation, the owner(s) of Block
Two (2) and Block Three (3) of Westlake's Fourth Subdivision to the City of 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, [Plat 1-16] hereinafter "Grantors" and the CITY OF BOZEMAN
hereinafter"Grantee"for the grant of easement property interests as follows:
Public Use Easement (Parcel 2-1):
Easement area: 21,450* (sqft)
Temporary Construction Easement (Parcel 2-2):
Easement area: 8,242* (sqft)
Public Use Easement (Parcel 3-1):
Easement area: 3,945* (sqft)
Temporary Construction Easement(Parcel 3-2):
Easement area: 7,733* (sqft)
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, are/will be paid by the Grantors.
2. This Memorandum embodies the whole Easement 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 Grantors hereby agree that the consideration herein provided for the grant of easements
includes full consideration 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 Grantors agree to discharge the same.
4. This Easement 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 Grantee agrees to construct a farm style fence at the Grantee's expense on the Grantor's
property in the locations shown on Figure 1 attached to this Easement Agreement. The farm style
fence is to be 48" in height, including 32" high woven wire fencing on the bottom and two smooth
wires on the top.
6. The Grantee agrees to maintain the trail improvements, which includes restoring, operating,
maintaining, managing, repairing, and removing snow.
7. The Grantors and Grantee agree liability for trail users is limited for the Grantor following the Montana
Code Annotated 70-16-302.
CITY OF BOZEMAN PROJECT NAME:5TH AVE.TRAIL IMPROVEMENTS Parcel 2-1,2-2,3-1 and 3-2
PROJECT#:4524.11402.03 Page 1 of 3
Of the total amount of consideration hereinabove agreed upon, the sum of$shall be paid upon execution
and delivery of a good and sufficient: ® Public Use Easements, ® Temporary Construction Easements.
The Grantors certify that there are no known hazardous materials on the property.
The terms of this Easement Agreement are understood and assented to by us.
GEORGE E. WESTLAKE
Date: A/o v, 2 7J 2 0 ! -7
George E. Westlake
D.K. MARTINEN, LLC., A WASHINGTON LIMITED LIABILITY CORPORATION
41av�,�' - Date: 161A
Kay H. artinen
DXAAartinen, LLC., its Manager
CITY OF BOZEMAN
Date: 5 f 1,
By: .,IOL_ via Uvr'gt"
4ntef4m City Manager
ATTEST:
OZ
p
•.. ate:
By:Robin Crough ;`�., • �r �� =
City Clerk
L�rrN co �
CITY OF BOZEMAN PROJECT NAME:5TH AVE.TRAIL IMPROVEMENTS Parcel 2-1,2-2,3-1 and 3-2
PROJECT#:4524.11402.03 Page 2 of 3
WEST HEMLOCK STREET WEST OAK STREET
-, —
\ BLOCK 2 OF — — BLOCK 03 F �\
WESTLAKE'S FOURTH WESTLAKE'S FOURTH
SUBDIVISION SUBDIVISION
SEC. 1, T2S, R5E \ _SEC. 1, T2S, R5E
\PARCEL 2-1 PUE\ PARCEL 3-1 PUE
NEW PUBLIC USE NEW PUBLIC USE
EASEMENT EASEMENT
YPARCEL 3-2 TICE
w PAR` C L 2-2 TCE �—TEMP. CONSTR.
Q (TEMP. CONSTR. EASEMENT \
\ EASEMENT Lu
\ \ \ \ \ \ j/ \ \ \ \ \ \
\ \ \
Oz '` ? \ TRAIL \
\ (\ P� \ VA LO
—
VAAA VAA
FENCE \ \ \ \ NEW—
\(T\YP) \ \ \FENCE \ \
\ \ \ \ a � \ (
_ A EXISTING
WEST TAMARACK STREET
\ PROPERTY \
\ LINE (TYP)
�_T— \
DETAIL \ \ \ \ \ \
10-FT-- r
1-FT \
—1-FT
,:•.,::,. NEW
;WEST HEMLOCK STREET
FENCE
NEW
EX. :PEDESTRIAN; I� NEW
R/W -"::'TRAIL r PUE Current Owner:
TCE George E. Westlake and
D.K. Martinen, LLC.
VARIES I 10-FT—
R/W LEGEND
I ® EXISTING ROAD RIGHT-OF-WAY
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