HomeMy WebLinkAbout18- Memorandum of Agreement - Ferguson Meadows Homeowners Association - Durston and Ferguson Roundabout Improvements 'sot PROJECT NAME: DURSTON AND
CITY OF BOZEMAN FERGUSON ROUNDABOUT
Engineering Division IMPROVEMENTS
Public Works Department
PROJECT#: 4535.11402.14
- C `"°?� MEMORANDUM OF AGREEMENT PARCEL M 5-1
AGREEMENT has been reached this ffl fk day of 2018, between FERGUSON
MEADOWS HOMEOWNERS ASSOCIATION, the owner(s) 6f a tract of land described as the common
open space for stream/ditch in Block A of Ferguson Meadows Subdivision to the 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:
Public Use Easement (Parcel 5-1): $ 1,218
Easement area: 534* (sgft)
Total (rounded) $ 1,250.00
*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 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.
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 $1,250.00 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
FERGUSON MEADOWS HOMEOWNERS $1,250.00
ASSOCIATION
PROJECT NAME: DURSTON AND FERGUSON ROUNDABOUT IMPROVEMENTS Parcel 5-1
p 0 W L PROJECT#:4535.11402.14 Page 1 of 3
The Seller(s) certify that there are no known hazardous materials on the property 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.
FERGUSON MEADOWS HOMEOWNERS ASSOCIATION
Date:
Nam
Title: %► C e
CITY OF BOZEMAN
Date:
By: fir, (1.mP.Inbewt-'
kfiri Ci y Manager
ATTEST:
♦ j
Date: • 1L0 • ?_OA
By: Robin Crough r �: J( • ,�,=
City Clerk ^U• . �' • * ^
,
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r' �TINCO•� ,
PROJECT NAME:DURSTON AND FERGUSON ROUNDABOUT IMPROVEMENTS Parcel 5-1
p 0 W L PROJECT#:4535.11402.14 Page 2 of 3
COMMON OPEN SPACE FOR Current Owner:
STREAM/DITCH IN BLOCK A OF Ferguson Meadows
FERGUSON MEADOWS SUBDIVISION Homeowners Association
SEC. 10,T2S, R5E
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DURSTON ROAD
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...............
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PARCEL 5-1
\ NEW PUBLIC USE
\ \ EASEMENT
Lu \ \ \ W
D I\ \ \
Z
W EXISTING UJ
\ \ \
Q \ ` \ LINEE(TYP) Q
Z \ \ \ Q
� \ \ \ I w I
I 0
w \ \ \ 25
I I \ \
I I \ \ I I
\ \ I
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25 0 25 50 R/W Legend
SCALE IN FEET ® Existing Road Right-of-Way
New Easement Area
J N Existing Property Line Area Remaining
CITY OF BOZEMAN R/W ACQUISITION
NEW PUBLIC USE EASEMENT 534 SOFT U New Easement Line
Right of Way Required for the Durston and PROJECT: 4535.11402.14
9 Y q Ferguson Roundabout Improvements Project DATE: 1/2 312 0 1 8
`l p O W L City of Bozeman,Montana FIGURE 1
20805tadum Drive Bozwm,Momsne59715 PARCEL 5-1
406-5Waasa —d-L Page 3 of 3