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HomeMy WebLinkAbout18- Memorandum of Agreement - Bozeman Congregation of Jehovah's Witnesses - Baxter Lane Roadway Improvements, Parcel 9-1 and 9-2 PROJECT NAME:BAXTER LANE CITY OF BOZEMAN ROADWAY IMPROVEMENTS r a Engineering Division PROJECT M 4524.11402.01 Public Works Department 88 ®� PARCEL M 9-1 and 9-2 MEMORANDUM OF AGREEMENT MEMORANDUM OF AGREEMENT Agreement has been reached between BOZEMAN CONGREGATION OF JEHOVAH'S WITNESSES the-Seller of the E1/2E1/2SE1/4SW1/4 of Section 35, Township 1 South, Range 5 East, M.P.M., Gallatin County, Montana, according to deed recorded in film 7, page 821. Excepting therefrom all that portion falling within Baxter Lane Subdivision No. 1, records of Gallatin County, Montana, hereinafter"Seller"and the CITY OF BOZEMAN hereinafter "Purchaser"for the purchase of said property interest(s)for Parcel No. 9-1 (15' Permanent Easement Area)and Parcel No. (5' Permanent Easement Area)and for Parcel No. 9-2 (Temporary Construction Easement Area) (collectively the"Properties"). The amount to be paid by Purchaser and other considerations to be given in full satisfaction of this Agreement are as follows: Public Use Easement(Parcel 9-1): $6,783* Total Easement area: 5,635** (sqft) Easement area without compensation: 4,207 (sqft) Easement area with compensation: 1,428 (sqft) Temporary Construction Easement (2 year time period, Parcel 9-2): $5,587 Easement area: 5,587** (sqft) Cost to Cure: $9,760 Total(rounded) 122,130 "Only for easement area with compensation " 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 upon notice of taxes due from the City. such amount duor 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 outstandinq and said Seller s agree(s)to discharge the same. CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 9-1 and 9-2 PROJECT#:4524.11402.01 Page 1 of 3 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. At the first available regularly scheduled meeting. 5. The grant of easement 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. 6. The Purchaser and Seller(s) hereby agree that the Seller(s) shall be named as an additional beneficiary of the construction contractor's warranty period. Of the total amount of compensation hereinabove agreed upon, the sum of $22,130 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 Bozeman Congregation Of Jehovah's Witnesses $22,130 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. BOZEMAN CONGREGATION OF JEHOVAH'S WITNESSES Date: Na e: ref—rySoh A�bre�-�� Title: 012 Date: ,5 <G1� Name: 'fiber-��cwn}S 1 Title: �5,s CITY OF BOZEMAN jDate: am �yt AcAi✓ tcit anager v CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 9-1 and 9-2 PROJECT#:4524.11402.01 Page 2 of 3 ATTEST: B O By: obin Crough '`aSy .• •. 1�'� City Clerk • 1883 . Z7;�Oi Co.. CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 9-1 and 9-2 PROJECT#:4524.11402.01 Page 3 of 3 by"� efr � I • r •,� � i I 41► ".t Jz f Current Owner: Bozeman Congregation Of Jehovah's Witnesses 1367 Thomas Dr, Bozeman.MT 59715 \ I EXISTING PROPERTY LINE 1 PARCEL 9-2 TCE NEW TEAIPORMY CONSTRUCTION - EASEMENT � I PARCEL 0.1 PUE \ NEW PUBLIC USE \ IF _ - EASEMENT I i . BAXTER LANE. ' EXISTING EASEMENT RAY LEGEND TA Tr xO l.+RKM +FMlulxlH• CITY OF BOZEMAN RAN ACQUISITION 1IL r- ucnavrteieouwwE� m_.+rvaa.ul fw�+t su< V ----uF�xJ VpxlN.h1 stict •<x le+o-.�ttSLVVt+EH 5x+x]sr ����'� S.NE N IiFT xEH'1fVNfNRt CVltAVCiKM ffNi1E l RIGHT OF WAY REQUIRED FOR BAXTER LANE AND PROJECT 4624.1102.01 Al DAVIS LANE ROADWAY IMPROVEMENTS DATE BMS12015 O O W L CITY OF BOZEMAN.MONTANA PARCELS FIGURE 1 •••�— Page 3 of 3