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HomeMy WebLinkAbout18- Memorandum of Agreement - Flanders Creek, HOA - Oak and Cottonwood Roundabout Improvements �ogB0 PROJECT NAME: OAK AND CITY OF BOZEMAN COTTONWOOD ROUNDABOUT f�* 7 Engineering Division IMPROVEMENTS Public Works Department PROJECT#: 4524.11402.16 9r' MEMORANDUM OF AGREEMENT PARCEL M 1-1 AND 1-2 AGREEMENT has been reached this 12tk day of 20Le, between FLANDERS CREEK, HOA, the owner(s) of a tract of land described as Common Area No. 1 in Block 5 of Flanders Creek 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 1-1): $ 1,037 Easement area: 530* (sgft) Temporary Construction Easement(Parcel 1-2): $ 2,956 Easement area: 7,174* (sqft) Reimbursement for Seller's Legal Costs $ 285# Total (rounded) $ 4,285.00 "See Figure 1 attached * See invoice 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 $4,285.00 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 FLANDERS CREEK, HOA $4,2 55.00 The Seller(s) certify that there are no known hazardous materials on the property being acquired. PROJECT NAME:OAK AND COTTONWOOD ROUNDABOUT IMPROVEMENTS Parcel 1-1 and 1-2 p 0 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. FLANDERS CREEK, HOA 0, &"'.. '/ Date: J&66ar- President CITY OF BOZEMAN Date: By: Andrea Surratt City Manager ATTEST: - Date: By: Robin Crough •• • ' ' ' • ,. City Clerk = J� •'�= 83 .f • • • . rIN CO.Sti0 PROJECT NAME:OAK AND COTTONWOOD ROUNDABOUT IMPROVEMENTS Parcel 1-1 and 1-2 O W L PROJECT#:4524.11402.16 Page 2 of 3 Current Owner: Flanders Creek, HOA COMMON AREA NO. 1 IN BLOCK 5 OF FLANDERS CREEK SUBDIVISION SEC.4,T2S,R5E jal /WEST OAK STREET I r. . . . . . . . . . PARCEL 1-2 Q PROPERTYCONSTRUCTION EXISTING I CONST UCT ON TEMPORARYNEW w/ I LINE(TYP) EASEMENT I ✓O� EXISTING f Z I OUTILITY 1 NEW USE 1-- EASEMENT (TYP) O EASEMENT ' 0 1/o ; z I I R/W Legend 75 0 75 150 ® Existing Road Right-of-Way SCALE IN FEET New Easement Area Area Remaining CITY OF BOZEMAN RAN ACQUISITION N Existing Property Line NEW PUBLIC USE EASEMENT 530 SOFT --- New Easement Line NEW TEMP.CONSTR.EASEMENT 7,174 SQFT Right of Way Required for the Oak and Cottonwood PROJECT: 4524.11402A6 g y q DATE: 3/162018 Roundabout Improvements Project p p W L. City of Bozeman, Montana FIGURE 1 2080 SW)um D1Ne Bozeman,Mmtam 69715 PARCEL 1-1 & 1-2 4N-5868H —.d-t— Page 3 of 3 Wave•C,'ay Law Office• Invoice 2018-000123 10/6118,11:14 AM INVOICE GRAY LAW OFFICE Gray Law Office CHRISTOPHRR B. GRAY PO Box 1065 Bozemon,MT 59771 United States IN 406-551-4511 www.cgraylaw.com BILL TO Invoice Number: 2018-000123 Flanders Creek HOA Invoice Date: October 6,2018 Payment Due: October 6,2018 Amount Due(USD): $285.00 Items Oucintity Price Amount Attachment 1 $285.00 $285.00 See attached time and billing Total: $285.00 Amount Due(USD): $285.00 https://accounting.waveapps.com/invoices/3877344/export/117987...69335356526C2E6B573738374F6852647368493046346C79413057?print=1 Page 1 of 2