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Home My WebLink About18- Memorandum of Agreement - S. & G. Lindblom, C. & C. Croskey - Durston and Ferguson Roundabout Improvements ,o�gB0— PROJECT NAME: DURSTON AND CITY OF BOZEMAN FERGUSON ROUNDABOUT 1 Engineering Division IMPROVEMENTS Public Works Department PROJECT#: 4535.11402.14 MEMORANDUM OF AGREEMENT PARCEL#: 3-1 AND 3-2 AGREEMENT has been reached this 001k day of :3-0- 1� 201 between SHERRYL L. LINDBLOM AND GREG A. LINDBLOM, AS JOINT TENANTS (AS TO UNIT 4092), and CODY J. CROSKEY AND CHELSEY K. CROSKEY, AS JOINT TENANTS (AS TO UNIT 4094), the owner(s) of Unit 4092 and 4094 of the Carbon Street Condominium, located on Lot 1 in Block 4 of Diamond Estates Subdivision No. 2, Phase 1, City of Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana. (Plat J-360) together with an undivided 50% interest in the common elements of the condominium appertaining to each unit as set forth above. The preliminary declaration and bylaws for which were recorded April 19, 2004, as Document No. 2147019, and the final declaration for Carbon Street Condominium recorded April 28, 2004, as Document No. 2148147, records of 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: Unit 4092: Temporary Construction Easement (Parcel 3-2): $ 889 Easement area: 370* (sgft) Cost to Cure: $ 2,730 Subtotal (rounded): $ 3,650 Unit 4094: Public Use Easement (Parcel 3-1): $ 1,439 Easement area: 126* (sgft) Temporary Construction Easement(Parcel 3-2): $ 1,197 Easement area: 498* (sgft) Cost to Cure: $ 3,550 Subtotal (rounded): $ 6,200 Total: $ 9,850 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(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. L PROJECT NAME: DURSTON AND FERGUSON ROUNDABOUT IMPROVEMENTS Parcel 3-1 and 3-2 J O W L PROJECT#:4535.11402.14 Page 1 of 4 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. 6. The Seller(s) hereby agree(s) to maintain the sidewalk and boulevard areas adjacent to their property along Ferguson Avenue and Carbon Street (Bozeman Municipal Code: Sec, 34.04.020, 34.06.020, and 38.26.070). The Seller(s) and Purchaser hereby agree(s) that the Purchaser is responsible to maintain all transportation facilities including roadways, bike lanes, and bike paths around the roundabout. 7. The Purchaser agrees to reestablish the southwest corner property pin, install a survey monument box over the southwest corner property pin, and have the new Public Use Easement corners staked with metal survey ins, all completed by a professional surveyor. 8. The Purchaser agrees to construct and maintain, at their expense, a temporary 6-foot chain-link fence with privacy slats along Parcel 3-2 during construction in the back yards of units 4092 and 4094 where ever the existing fence is removed. The Purchaser and Seller(s) agree(s) the Purchaser will remove the temporary 6-foot chain-link fence and privacy slats from the property once construction is completed and the Seller(s) are responsible for installing permanent fence, if required. 9. The Purchaser agrees to install new 4" PVC irrigation sleeves under the new sidewalk and bike ramps in the areas as shown on Figure 1 to all new isolated landscaping areas. 10. The Purchaser and Seller(s) agree that the Purchaser will coordinate construction activities on the Seller(s) property with regards to fencing and underground irrigation activities prior to construction. The Purchaser further agrees to repair underground irrigation, topsoil, and seeding areas in accordance with the project specifications and supplementary conditions. Of the total amount of compensation hereinabove agreed upon, the sum of $9,850.00 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 Sherryl L. Lindblom and Greg A. Lindblom $3,650.00 Cody J. Croskey and Chelsey K. Croskey $6,200.00 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. SHERRYL L. LINDBLOM AND GREG A. LINDBLOM, AS JOINT TENANTS >2 Date: Sherryl L. Li bl m' /h�` A_ i Date: Greg X1 Lindblom Z/: PROJECT NAME:DURSTON AND FERGUSON ROUNDABOUT IMPROVEMENTS Parcel 3-1 and 3-2 B O W L PROJECT#:4535.11402.14 Page 2 of 4 UNIT 4092 TENANTS Date: Name: Date: Name: CODY J. CROSKEY AND CHELSEY K. CROSKEY, AS JOINT TENANTS Date: G" 20 -/O Co J. oskey Date: ACh sey C skey CITY OF BOZEMAN — � ` Date: E3 By: Andrea Surratt City Manager ATTEST: zle, . •.q Date: -rig 1 By: Robin Crough I. City Clerk TIN GO PROJECT NAME:DURSTON AND FERGUSON ROUNDABOUT IMPROVEMENTS Parcel 3-1 and 3-2 p 0 W L PROJECT#:4535.11402.14 Page 3 of 4 LOT 1 IN BLOCK 4 OF DIAMOND Current Owner: ESTATES SUBDIVISION NO.2,PHASE I Sherryl L.Lindblom and Greg A.Lindblom(Unit 4092) SEC.3,T2S,R5E Cody J.Croskey and Chelsey K.Croskey(Unit 4094) / CARBON STREET / I I — I — — RESET \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ /EXISTING TREE 3-FT /NORTHEAST \ \ INSTALL NEW 4" PVC \ \ \ IRRIGATION SLEEVES \ \ IW/ \ \I \ \ 11 j \ \ \ \ \ \ \ \ \ \ \ \ EXISTING PROPERTY /�OQ \ \ \ \ \4094 \ \ \ \ \ �4092� �° LINE(TYP) Z \ \I\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ W \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ EXISTING\ \ \ \ \ \ \ \ STAIN I DIOSTUO I \ \ y \ DO NOT \ \I\ \ \ \ \ \ \ \ FENCE ),TREE DISTURB I\ \ TREE AND \ \ \ \ \ \ `PLANTER \I \ \ \ \ \ \ /I STAIN \ \ \ \ \ \ \I\ \ \ \ \ \ \ \ /EXISTING EXISTING FENCE \ \ \ \ \ \°\ \ \ \ \ \ \ \ UTILITY \ \ \ \ \ \I\ \ \ \ \ \ \ \ EASEMENT All // (TYP) Al IRIEMOVE \ \ \ \ \ \ \ \ \ \ \ \ — — — EXISTING� PARCEL 3-1 - — — ,/NEW PUBLIC USE EASEMENT PARCEL 3-2 NEW TEMPORARY / INSTALL NEW CONSTRUCTION STAINED FENCE ROAD / I INSTALL NEW 4" PVC IRRIGATION SLEEVES R/W Legend ® Existing Road Right-of-Way New Easement Area Area Remaining CITY OF BOZEMAN RAN ACQUISITION d N Existing Property Line NEW PUBLIC USE EASEMENT 1 126 sOFT U New Easement Line NEW TEMP.CONSTR.EASEMENT 868 SOFT Right of Way Required for the Durston and PROJECT: 453.1140214 Ferguson Roundabout Improvements Project ` /2018 .f L3 G W L City of Bozeman,Montana FIGURE 1 20905tadum D,Ive Bozeman,Montana 59715 PARCEL 3-1 & 3-2 406.585-a8N ,,,,,�da,,,�„ Page 4 of 4 so%Y` PROJECT NAME: DURSTON AND CITY OF BOZEMAN FERGUSON ROUNDABOUT V xtu Engineering Division IMPROVEMENTS Public Works Department PROJECT M 4535.11402.14 MEMORANDUM OF AGREEMENT PARCELM 3-1 AND 3-2 AGREEMENT has been reached this fk day of Tv 20,�& between SHERRYL L. LINDBLOM AND GREG A. LINDBLOM, AS JOINT TENANTS (AS TO UNIT 4092), and CODY J. CROSKEY AND CHELSEY K. CROSKEY, AS JOINT TENANTS (AS TO UNIT 4094), the owner(s) of Unit 4092 and 4094 of the Carbon Street Condominium, located on Lot 1 in Block 4 of Diamond Estates Subdivision No. 2, Phase 1, City of Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana. (Plat J-360) together with an undivided 50% interest in the common elements of the condominium appertaining to each unit as set forth above. The preliminary declaration and bylaws for which were recorded April 19, 2004, as Document No. 2147019, and the final declaration for Carbon Street Condominium recorded April 28, 2004, as Document No. 2148147, records of 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: Unit 4092: Temporary Construction Easement(Parcel 3-2): $ NEEME Easement area: 370* (sgft) Cost to Cure: $ Subtotal (rounded): $ Unit 4094: Public Use Easement(Parcel 3-1): $ Easement area: 126* (sgft) Temporary Construction Easement(Parcel 3-2): $ Easement area: 498* (sgft) Cost to Cure: $ Subtotal (rounded): $ - Total: $ *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. PROJECT NAME:DURSTON AND FERGUSON ROUNDABOUT IMPROVEMENTS Parcel 3-1 and 3-2 B O W L PROJECT#:4535.11402.14 Page 1 of 4 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. 6. The Seller(s) hereby agree(s) to maintain the sidewalk and boulevard areas adjacent to their property along Ferguson Avenue and Carbon Street (Bozeman Municipal Code: Sec. 34.04.020, 34.06.020, and 38.26.070). The Seller(s) and Purchaser hereby agree(s) that the Purchaser is responsible to maintain all transportation facilities including roadways, bike lanes, and bike paths around the roundabout. 7. The Purchaser agrees to reestablish the southwest corner property pin, install a survey monument box over the southwest corner property pin, and have the new Public Use Easement corners staked with metal survey ins, all completed by a professional surveyor. 8. The Purchaser agrees to construct and maintain, at their expense, a temporary 6-foot chain-link fence with privacy slats along Parcel 3-2 during construction in the back yards of units 4092 and 4094 where ever the existing fence is removed. The Purchaser and Seller(s) agree(s) the Purchaser will remove the temporary 6-foot chain-link fence and privacy slats from the property once construction is completed and the Seller(s) are responsible for installing permanent fence, if required. 9. The Purchaser agrees to install new 4" PVC irrigation sleeves under the new sidewalk and bike ramps in the areas as shown on Figure 1 to all new isolated landscaping areas. 10. The Purchaser and Seller(s) agree that the Purchaser will coordinate construction activities on the Seller(s) property with regards to fencing and underground irrigation activities prior to construction. The Purchaser further agrees to repair underground irrigation, topsoil, and seeding areas in accordance with the project specifications and supplementary conditions. Of the total amount of compensation hereinabove agreed upon, the sum of$ 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 Sherryl L. Lindblom and Greg A. Lindblom Cody J. Croskey and Chelsey K. Croskey 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. SHERRYL L. LINDBLOM AND GREG A. LINDBLOM, AS JOINT TENANTS Date: Sherryl L. Lindblom Date: Greg A. Lindblom PROJECT NAME:DURSTON AND FERGUSON ROUNDABOUT IMPROVEMENTS Parcel 3-1 and 3-2 `� D O W L PROJECT#:4535.11402.14 Page 2 of 4 UNIT 4092 TENAN i� Date: N6he: ✓c v o✓► V`lnt��.p.� V I �UJ Date: Na : CODY J. CROSKEY AND CHEL.SEY K. CROSKEY, AS JOINT TENANTS Date: Cody J. Croskey Date: Chelsey K. Croskey CITY OF BOZEMAN Date: 2 �' By: Andrea Surratt City Manager ATTEST: O l ..Y1 �, �:��+ •' ate: � '� 1� By: obin Crough ;�,, • "' -�i a*'. • r • �" s, • s= City Clerk .U• = y ' .[ • . '`_cam!{•'� ! ,� r��b = PROJECT NAME: DURSTON AND FERGUSON ROUNDABOUT IMPROVEMENTS Parcel 3-1 and 3-2 B O W L PROJECT#:4535.11402.14 Page 3 of 4 LOT 1 IN BLOCK 4 OF DIAMOND Current Owner: ESTATES SUBDIVISION NO.2,PHASE I Sherryl L.Lindblom and Greg A.Lindblom(Unit 4092) SEC.3,T2S,R5E Cody J.Croskey and Chelsey K.Croskey(Unit 4094) / CARBON STREET / I I — _ RESET /TREEING /NORTHEAST I, \ \ INSTALL NEW 4" PVC \ \ IRRIGATION SLEEVESEXISTING \ \ �z /Jj o \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ PROPERTY Z \ \ \ \ \4094` \ \ \ \ \ .4092� �a LINE(TYP) p \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ �iW / ' LL / STAIN ' 11, Rg \ \ y \ DO NOT\ \I�\ \ \ \ \ \ \ \ FENCE EXISTING yTREE \ \ ISTURB TREE AND \ \ \ \ \ \ \PLANTER \I \ \ \ \ \ \ /I STAIN \ \ \ \ \ \ \I\ \ \ \ \ \ \ \ EXISTING EXISTING i FENCE \ y \ \ \ \ \,\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ UTILITY J I EASEMENT \ \ \ \ \ o\ \ \ \ \ \ \ \ (TYP) /I REMOVE \ \ \ \ \ \ \ \ \ \ \ \ EXISTING /I 'FENCE___ — — — — NEW PUBLIC LI T21 7 NEW PUBLIC USEEASEMENTPARCEL NEW TEMPORARY / 'INSTALL NEW CONSTRUCTION STAINED FENCE ROAD' / I INSTALL NEW 4" PVC IRRIGATION SLEEVES RAM Legend ® Existing Road Right-of-Way New Easement Area Area Remaining CITY OF BOZEMAN R/W ACQUISITION N Existing Property Line (y __ NEW PUBLIC USE EASEMENT 126 SQFf U New Easement Line NEW TEMP.CONSTR.EASEMENT 868 SQFr Right of Way Required for the Durston and DDATE: i 23r201 02.14 Ferguson Roundabout Improvements Project \ p C3 W I— City of Bozeman,Montana FIGURE 1 2090 Stadum Drize Bozeman,Montana 59715 PARCEL 3-1 &3-2 ,oaSB�a d .� Page 4 of 4