HomeMy WebLinkAbout18- Memorandum of Agreement - Gallatin Center Limited Partnership - Baxter Lane Roadway Improvements, Parcels 10-1, 10-2, 10-3, 10-5, and 10-6 PROJECT NAME: BAXTER LANE
CITY OF BOZEMAN ROADWAY IMPROVEMENTS
Engineering Division PROJECT#: 4524.11402.01
C, _-,_._ Lea;:' e Public Works Department
9�lv�l PARCELM 10-1, 10-2, 10-3, 10-5,
MEMORANDUM OF AGREEMENT and 10-6
MEMORANDUM OF AGREEMENT
AGREEMENT has been reached this day of ����� 20 ,, between GALLATIN
CENTER LIMITED PARTNERSHIP, a Montana Limited Partnerthip, the owner(s) of Lot 3, of Minor
Subdivision 210, recorded July 10, 1997, situated in the NE% and the SEY4 of Section 35, T1S, R5E,
P.M.M., Gallatin County, Montana. EXCEPT The Gallatin Center Subdivision PUD Phase I, recorded
December 8, 1998 in Book J of Plats, Page 264, Official Records. And except The Gallatin Center
Subdivision PUD Phase Il, recorded December 12, 2000, in Book J of Plats, Page 305, Official records.
And except The Gallatin Center Subdivision PUD, Lot 10-Phase III, recorded May 14, 2002 in book J of
Plats, Page 333, Official Records. And except The Gallatin Center Subdivision PUD Lot 9.1-Phase Il,
recorded November 21, 2002, in Book J of Plats, Page 348, Official Records. And except Phase I of the
Gallatin Center Subdivision PUD Phase 4, recorded April 5, 2006, in Book J of Plats, Page 423, Official
Records, hereinafter "Seller" 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 (Parcels 10-1 and 10-2): $ 39,062
Easement area: 20,559* (sqft)
Temporary Construction Easement
(2 year time period, Parcels 10-3, 10-5, 10-6): $ 12,772
Easement area: 31,931* (sqft)
Total (rounded) 51,850
*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.
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 hereby agrees 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 agrees 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 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:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 10
PROJECT#:4524.11402.01 Page 1 of 3
Of the total amount of compensation hereinabove agreed upon, the sum of $51,850 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
Gallatin Center Limited Partnership $51.850
The Seller certifies that to the Seller's knowledge, there are no known hazardous materials affecting the
property interests being acquired.
The terms of this Agreement are understood and assented to by us and payment is to be made
in accordance with the above.
GALLATIN GENT R LIMITED RTNERSHIP, a Montana Limited Partnership
Date:
e- Eugi6ffie Graf, III
'110itle: General Partner of Gallatin Center Limited Partnership
CITY OF BOZEMAN
L, �"'t— Date: 8
By: Andrea Surratt
City Manager
ATTEST:
• . . 4 Date: ads) 19
• '.�,�.','
By: Robin Crough ,,� ;�rJI •�y=
City Clerk
cj•, 1883 ,•,��
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CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 10
PROJECT*4524.11402.01 Page 2 of 3
Current Owner: r
'Gallatin Center Limited Partnership
N 19th Ave.
,Bozeman,MT 59715
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RIGHT OF WAY REQUIRED FOR BAXTER LANE AND PROJECT 4524.11402.01
DAVIS LANE ROADWAY IMPROVEMENTS DATE 10/5/2016
a W L CITY OF BOZEMAN,MONTANA
Ma PARCEL 10 FIGURE 1
Page 3 of 3