HomeMy WebLinkAbout18- Memorandum of Agreement - Bozeman Congregation of Jehovah's Witnesses - Baxter Lane Roadway Improvements, Parcel 9-1 and 9-2 - PARTIALLY EXECUTED ON PREVIOUS DATE (AI-14 (* ft—LC�AN F-Dt W4
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PROJECT NAME:BAXTER LANE
`:. CITY OF BOZEMAN ROADWAY IMPROVEMENTS
3 Y� fk Engineering Division PROJECTM 4524.11402.01
Public Works Department
st, fiFh^ 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 E1/2E1/2SE1/4SW 1/4 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) $22.130
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
outstanding 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.
6. The grant of easement shall be effective upon acceptance by Purchaser,evidenced by the execution
of this A reement 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 eriod.
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
f Date:
Na e:
Title:
A� ` '-�_ Date:
Name: i
Title:
CITY OF BOZEMAN
Date: AOID/O/e
Ci Managers 7fC ` c/�
CITY OF BOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 9-1 and 9-2
PROJECT#:4524.11402.01 Page 2 of 3
ATTEST:
By: Nobin Crough
2'T
City Clerk _�' � 130
`1 883
CITY OFBOZEMAN PROJECT NAME:BAXTER LANE ROADWAY IMPROVEMENTS Parcel 9-1 and 9-2
PROJECT#:4524.11402.01 Page 3 of 3
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RIGHT OF WAY REQUIRED FOR BAXTER LANE AND PROA r' 4614.1140209
DAVIS LANE ROADWAY IMPROVEMENTS DATE.. . =612015
;. OWL CITY OF BOZEMAN.MONTANA .
PARCELS FIGURE 1