HomeMy WebLinkAbout17- Memorandum of Agreement - S. Sterry and P. Wookey - Durston Road Roadway Improvements BOZE PROJECT NAME:DURSTON ROAD
9
CITY OF BOZEMAN ROADWAY IMPROVEMENTS
7 Engineering Division
<,;. 3• PROJECT#: 4535.11402.09
---
Public Works Department
�q`J88 0 ` PARCEL#:9-1 and 9-2
MEMORANDUM OF AGREEMENT
MEMORANDUM OF AGREEMENT
AGREEMENT has been reached this 3 day of V1144q 20 7 between SKY STERRY
AND PATRICIA J. WOOKEY, as joint tenants, the owners% of a tract of land lying in the SE'/SE'/< of
Section 3, Township 2 South, Range 5 East, M.P.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(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 9-1): $ 15,254
Easement area: 3,926` (sqft)
Temporary Construction Easement(Parcel 9-2): $ 2,140
Easement area: 2,616" (sqft)
Cost to Cure: $ 9,681
Administrative Settlement: $ 3,000
Total (rounded) $ 30,100
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 A reement by the Purchaser and payment of the purchase price.
Of the total amount of compensation hereinabove agreed upon, the sum of $30,100 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:DURSTON ROAD ROADWAY IMPROVEMENTS Parcel 9-1 and 9-2
PROJECT#:4535.11402.09 Page 1 of 3
Disbursement of funds will be made in the following manner:
Seller(s) Amount of Payment
Sky Sterry And Patricia J.Wookey $30,100
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.
SKY STERRY AND PATRICIA J. WOOKEY
Date: SI 7
Sky Sterry
r� 7
ct
Patricia J.Wookey T
CITY OF BOZEMAN
Date: t
By: h4veA 5LWvatt
4+tefim City Manager
ATTEST:
gr�� ��, "' Date: 1�•�1 - '1�—
By: Robin Crough g O
City Clerk OF• • • •2��•
r-
-- � ••y
..y�' • 'may �"�{ • x;
• r r
s
CITY OF BOZEMAN PROJECT NAME:DURSTON ROAD ROADWAY IMPROVEMENTS Parcel 9-1 and 9-2
PROJECT#:4535.11402.09 Page 2 of 3
I
A.
y
c~n \\
Z
EXISTING
Z PROPERTY
LINE
IL
PARCEL 9-2 TICENEW \ \\\\ \\ \ EXISTING
CONSTRUCTION TEMPORARY \ \°� \\\ \ \\� \ \\ t RIOGHT-OF-WAY
EASEMENTPARCEL 9-1 PUE
\\,\•�\ \\\\\\\\\\\ ��
NEW PUBLIC USE
EASEMENT
DURSTON ROAD
w
U— —J i
Current Owner:
Sky Sterry and Patricia J.Wookey SE'/SE'/4 OF
4979 Durston Road SEC. 3, T2S, R5E
Bozeman, MT 59718
W 0 50 1W RNVLEGEND
SCALE N FEEr ® EXISTING ROAD RIGHT-OF-WAY
NEW EASEMENT
CITY OF BOZEMAN RNV ACQUISITION \ UNENCUMBERED REMAINDER
NEW PUBLIC USE EASEMENT 3,926 SOFT
NEW TEMPORARY CONSTRUCTION EASEMENT 2,616 SOFT
---- EXISTING RIGHT-OF-WAY LINE
--- EXISTING EASEMENT
EXISTING PROPERTY LINE
NEW PUBLIC USE EASEMENT
NEW TEMPORARY CONSTRUCTION EASEMENT
Right of Way Required for Durston Road PROJECT: 4535.11402.09
Roadway Improvements DATE: 4242017
D O W L City of Bozeman, Montana FIGURE 1
ao6a86bdjum DrKv •Mmt SVIS PARCEL 9-1
Page 3 of 3