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Home My WebLink About18- Memorandum of Agreement - SID 716, LLC - Oak Street Roadway Improvements, Parcel 5-1 and 5-2 2 PROJECT NAME: OAK STREET , y? CITY OF BOZEMAN ROADWAY IMPROVEMENTS Engineering Division * PROJECT#: 4535.11402.09 Public Works Department 88 0� ` PARCEL M 5-1 and 5-2 ~jNd_ MEMORANDUM OF AGREEMENT CORRECTED MEMORANDUM OF AGREEMENT This Memorandum of Agreement is to correct the legal description from the original agreement. AGREEMENT has been reached this 3y�` day of Saw+v 20/6, between SID 716, LLC, A MONTANA LIMITED LIABILITY CORPORATION, the owner( ) of Lot 4 of the Amended Plat of Lot 1 and Lot 2 of Block 1 and Lot 1 of Block 4 of West Winds Major Subdivision Phase 4 and Lot 1 of Block 3 and Lot 1 of Block 4 of West Winds Major Subdivision Phase 5, located in the Northwest one-quarter of Section 2, Township 2 South, Range 5 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana, all according to the official plat thereof on file and of record in the office of the Clerk and Recorder for Gallatin County, Montana (Plat Reference: J-493A), 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 5-1): $ 0 Easement area: 2,133* (sqft.) Temporary Construction Easement (2 year time period, Parcel 5-2): $ 0 Easement area: 4,431* (sqft.) Total (rounded) $ 0.00 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 CITY OF BOZEMAN and payment of the purchase price. CITY OF BOZEMAN PROJECT NAME:OAK STREET ROADWAY IMPROVEMENTS Parcel 5-1 and 5-2 PROJECT#:4535.11402.09 Page 1 of 3 Of the total amount of compensation hereinabove agreed upon, the sum of $0.00 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. Disbursement of funds will be made in the following manner: Seller(s) Amount of Payment SID 716, LLC $0.00 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. SID 716, LLC Date: W. Mark Easton, Member CITY OF BOZEMAN j'j.A"=- : Date: B . ndrea Surr tt City Manager ATTEST: � BO � �,, " "•i7a e: By: Robin Crough U e �,Y ��, =' • City Clerk �c�•, 1883 .' r RTIN CO S`10 CITY OF BOZEMAN PROJECT NAME:OAK STREET ROADWAY IMPROVEMENTS Parcel 5-1 and 5-2 PROJECT*4535.11402.09 Page 2 of 3 BREEZELANEI — � � / \\ ,EXISTING ROAD \ \ RIGHT-OF-WAY \\ "Current Owner: �SID 716, LLC. \\\ 13270 Breeze Lane \\ \\\\ \\ \\ \\\]Bozeman, MT 59718 T\ \\\\\ ;(Physical Address) \ \\\\ \\\\\ I\\ \\\ I LOT4IN WESTWINDS \\ \\ MAJOR SUBDIVISION \\ \ \ \\ \\\\ ' PHASE 4/5 SEC. 2, T2S, R5E_�_�VAA VAAA \ C/J m mi I` \ ` 'UTILITYG ` ;EASEMENT p ; p \\ \\ \ \\ \ \\ w w Z z V��A VA VAA VA VAA VA VA` Q Q to �I\ VA` VAAA� VA`�L`�VA`A VAAA VA o VA` VAA' PAR CEL5-2TCE AAA` VAA` VAS \\ NEW TEMPORARY \\ \ \ \ CONSTRUCTION \\\ EASEMENT II \ \ NEW PUBLIC USE EASEMENT \ EXISTING ROAD \ \ \ \\ \\ RIGHT-OF- \\ WEST OAK STREET ' x R/WLEGEND NN 1■ ® EXISTING ROAD RIGHT-OF-WAY UNEW EASEMENT CITY OF BOZEMAN R/W ACQUISITION ; \ UNENCUMBERED REMAINDER NEW PUBLIC USE EASEMENT 2,133 SOFT NEW TEMP.CONST.EASEMENT 4,431 SOFT EXISTING ROW LINE EXISTING EASEMENT EXISTING PROPERTY LINE NEW PUBLIC USE EASEMENT NEW TEMPORARY CONSTRUCTION EASEMENT ® Right of Way Required for Oak Street and PROJECT: 4524.11402.09 Davis Lane Roadway Improvements DATE: 10/25/2017 \` 0 0 W L City of Bozeman, Montana FIGURE 1 �DB 8' '°"'"'° �5 PARCEL 5 Page 3 of 3 130 PROJECT NAME: OAK STREET y.; CITY OF BOZEMAN ROADWAY IMPROVEMENTS :0 L r �N Engineering Division Public Works Department PROJECT#: 4535.11402.09 '@ 88 \\ �`" PARCEL M 5-1 and 5-2 MEMORANDUM OF AGREEMENT MEMORANDUM OF AGREEMENT AGREEMENT has been reached this �a� day of J?QiceAkhA!` 20&, between SID 716, LLC., A MONTANA LIMITED LIABILITY CORPORATION, the owner(s) of Lot 1 in Block 4 of the Final Plat of West Winds Major Subdivision Phase 5, 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 J-494), 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 5-1): $ 4,255 Easement area: 2,133* (sqft.) Temporary Construction Easement (2 year time period, Parcel 5-2): $ 1,861 Easement area: 4,431* (sqft.) Total (rounded) -fr,93g gg-O.OtJ /� "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 CITY OF BOZEMAN and payment of the purchase price. elm Of the total amount of compensation hereinabove agreed upon, the sum of $6 9.5tTO 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:OAK STREET ROADWAY IMPROVEMENTS Parcel 5-1 and 5-2 PROJECT#:4535.11402.09 Page 1 of 3 Disbursement of funds will be made in the following manner: Seller(s) Amount of Payment SID 716, LLC. 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. SID 716, LLC. Date: W. ark Easton, Member CITY OF BOZEMAN �-- Cat, Date: By: Ghris K,�, lcnfs -'>aLjlor r City Manager ) Inkrim ATTEST: BOZ • Date: 10.01-(�— By: Robin Crough City Clerk41, �• �� CITY OF BOZEMAN PROJECT NAME:OAK STREET ROADWAY IMPROVEMENTS Parcel 5-1 and 5-2 PROJECT#:4535.11402.09 Page 2 of 3 ZE \ \.-G D \ EXISTING ROAD \\\ RIGHT-OF-WAY \�\ \\\ \\\ Current Owner: \\ \\ \\ \ ,SID 716, LLC. 3270 Breeze Lane \\\ \\\\ \ \\\ \\\ Bozeman, MT59718 \\\ \\\\ \ \\\\ \\\ (Physical Address) \ \\\\ \\\\\ \\ \\ LOT 1 IN BLOCK s \ \\\ \ WEST WINDS MAJOR \\\ \\\ SUBDIVISION PHASE 5 \\\\ SEC. 2, T2S,_R_5E p p \�\\\\ ,EXISTING \\ \\\ EXISTINGUTILITY \ \\ \\ 'EASEMENT \ \\\\\\PRIOPERTY \\\ \ 0/�o w w \ \\\\ \\\\ \\\\\ \\\\ \\\\\ \\\ Q j Q� Q a� \\\ \\\'PARCEL 5-2TCE \\\ \\\ \\ 0 0 \\\ NEW TEMPORARY \\\ \\\ \ \\\ CONSTRUCTION \\ \\\ \\\ \ \\\E�ASEME\T \\\\ \\\\\ \\\ \\ \,PARCEL 5-1 PUE \\ \\ \\ \\ NEW PUBLIC USE \\\\ \\\ \\ \\\ \�JEASEMENT \\\ \\\\ \ t \\ \\\ \\\\ \\\.\EXISRIGHTIG ROAD WAY ` \• \\ WEST OAK STREET aD D BD 160 ' RAA/LEGEND N SCALE IN FEET ® EXISTING ROAD RIGHT-OF-WAY NEW EASEMENT CITY OF BOZEMAN R/WACQUISITION \ \ UNENCUMBERED REMAINDER NEW PUBLIC USE EASEMENT 2,133 SOFT NEW TEMP.CONST.EASEMENT 4,431 SOFT ---- EXISTING ROW LINE ---- EXISTING EASEMENT EXISTING PROPERTY LINE NEW PUBLIC USE EASEMENT NEW TEMPORARY CONSTRUCTION EASEMENT ® Right of Way Required for Oak Street and PROJECT: 4524.11402.09 Davis Lane Roadway Improvements DATE: 10/282016 B O W L City of Bozeman, Montana FIGURE 1 2090 Sladium Drive Ba man,Montana 59715 40s586-e PARCEL 5 Page 3 Of 3 au www.eowl.�om