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HomeMy WebLinkAbout18- Memorandum of Agreement - L & S Properties, LLC - Oak and Cottonwood Roundabout Improvements a�B0 PROJECT NAME: OAK AND CITY OF BOZEMAN COTTONWOOD ROUNDABOUT * 1` Engineering Division IMPROVEMENTS Public Works Department PROJECT#: 4524.11402.16 7tt9r'"'-co `"�f� MEMORANDUM OF AGREEMENT PARCEL#: 2-1 AGREEMENT has been reached this � day of k 20& between L & S PROPERTIES, LLC, a Montana Limited Liability Company, the ner(s) of a tract of land described as Lot 4 in Block 5 of the Final Plat of Flanders Creek Subdivision, City of Bozeman, 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: Temporary Construction Easement (Parcel 2-1): $ 3,528 Easement area: 2,653* (sgft) Total (rounded) $ 3,550.00 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(s). 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 Purchaser and payment of the purchase price. Of the total amount of compensation hereinabove agreed upon, the sum of $3,550.00 shall be paid upon execution and delivery of a good and sufficient: ❑ Public Use Easement and ® 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 L & S PROPERTIES, LLC $3,5 00.00 The Seller(s) certify that there are no known hazardous materials on the property being acquired. PROJECT NAME:OAK AND COTTONWOOD ROUNDABOUT IMPROVEMENTS Parcel 2-1 B O W L PROJECT#:4524.11402.16 Page 1 of 3 The terms of this Agreement are understood and assented to by us and payment is to be made in accordance with the above. L & S PROPERTIES, LLC Date: l Michael Slawson Member of L & S Properties, LLC CITY OF BOZEMAN r t � Date: S By: Andrea Surratt City Manager ATTEST: 'q $02 , . . • . . 9Z�! CAA �Gate: By: Robin Crough rt �•'�`' City Clerk U• ,�, '; : * . ��•.:. 18B3 •,�� . TtN CO• � PROJECT NAME:OAK AND COTTONWOOD ROUNDABOUT IMPROVEMENTS Parcel 2-1 B O W L PROJECT#:4524.11402.16 Page 2 of 3 Current Owner: L&S Properties, LLC LOT 4 IN BLOCK 5 OF FLANDERS CREEK SUBDIVISION SEC.4,T2S,R5E 41 /WEST OAK STREET I I o Y a EXISTING I� � � � � � � � � � 0 PROPERTY i I LINE(TYP) i:; o EXISTING UTILITY O . . . . . . . . . . .: EASEMENT F- (TYP) . . . . . . . . . O . . . . . . . . . �y Y Of O L, PARCEL 2-1 z NEW TEMPORARY EAOSEMENT TRUCTION I R/W Legend 75 o 75 150 ® Existing Road Right-of-Way SCALE IN FEET New Easement Area Area Remaining CITY OF BOZEMAN R/W ACQUISITION N Existing Property Line NEW PUBLIC USE EASEMENT 0 SOFT --- New Easement Line NEW TEMP.CONSTR.EASEMENT 2,653 SQF1 Right of Way Required for the Oak and Cottonwood PROJECT: 4524.11402.16 Roundabout Improvements Project DATE: 3/162018 D 0 W L City of Bozeman, Montana FIGURE 1 2090 Stadium D&n Bozeman,Montana SN16 PARCEL 2-1 4U-58"834 www.a�,« Page 3 of 3