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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 ,•,�� �Tlfv co•�l°� 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 ri \ `\\EXISTING \PROPERTY \ ;\ \ LINE EXISTING 70'WIDE PUBLIC ` \\`�N ' AND STREAMTRA \EASEMENT EW TEMP.CONST. EASEMENT__\\\ \\` iEXISTING \ 20'WIDE \\`,\\`\\\`\�\``\;PARCEL10-2PUE y� r `\� EASEMENT \ \`\\\\`\\\SEA EMENTUTILITY CUSE '\`\\\\\ � NEWTEMP CONST. `\\ � \\` z t� �\\ \\`\\\\\\ \ �\\�\�,EASEMENT \ \�\ \ �\ �\\` > O ~i \_PARCEL 10-1 PUE -�� `�\\ •� f = - \ `� ��` \\ z \\INEW PUBLIC USE ,.EASEMENT \\'PARCEL 10-3TCE `\ r.-�\ ,'j=— I \ \\\ \ NEW TEMP.CONST. `EASEMENT BAXTER LANE EXISTING ROAD EASEMENT R/W LEGEND ®Exlsrwc Nonu EASETAElfi NEW EASEMENT CITY OF BOZEMAN RAN ACQUISITION N UNENCUMBEREORERNHDER NEWPUBLICUSEEASEI.EIii 10.55950FT _-_ EXISTNG NOW LNE NEW TEMP.CONST.EASEMBR 31,9]i SOFT EXISTWGPROPERTY LBIE ow 0 ow Iwo ��� NEW PUBLIC USE EASEI.FJTT 9 ME IN FEET NEY/TEIAPORMYCONSTRUCTKKI EASEI,IEITT 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