HomeMy WebLinkAbout18- Memorandum of Agreement - PJB, LLC - Cottonwood, Babcock to Durston Project 1�� soz9` Project Name: Cottonwood-
City of Bozeman Babcock to Durston
Engineering Division
Project No: 18092.03
Public Works Department
CO. Parcel No: 2-1 &2-2
MEMORANDUM OF AGREEMENT
Thi& Memorandum of Agreement (the "Agreement") has been reached this o day of
&- , 20/e, between PJB, LLC, a Montana limited liability company (hereinafter the "
GRANTOR"), the owner of Tract 3 in Block 3 of Valley West Subdivision, 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 of Gallatin County, Montana, and the City of Bozeman, a Municipal Corporation of
the State of Montana (hereinafter the "GRANTEE"), for the purchase of said property interest(s). The
compensation amount to be paid and other considerations to be given in full satisfaction of this
Agreement are as follows:
Compensation:
Parcel 2-1: Public Use Easement 150 s .ft.* $834
Parcel 2-2: Temporary Construction Permit 3,711 s .ft.* $0
$850
*Figure 1 Total (rounded) 1 $850.00
Considerations:
1. In consideration of the payments herein set forth and the specific agreements to be performed by the
parties hereto and written in this Agreement, the parties bind themselves to the terms and conditions
stated herein. No verbal representations or agreements shall be binding upon either party.
GRANTOR certifies that any known encumbrances on the property are shown on this Agreement. If
GRANTOR sells their remaining property prior to the project being constructed, GRANTOR agrees to
provide the purchaser(s) with a copy of this entire Agreement and agree to make the sale of their
remaining property subject to all the terms and conditions contained in this Agreement. GRANTOR
agrees that they will, at the GRANTEE'S request, execute deeds and/or easements required by for all
real property agreed to be conveyed by this Agreement.
2. 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 GRANTOR.
3. This Agreement 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.
4. The GRANTOR hereby agrees 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 GRANTOR agrees to discharge the same.
5. 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.
S A N D E R S O N 9% Cottonwood-Babcock
to092.0 n
STEWART
Page 1 of 2 1892.03
Parcel 2-1 &2-2
6. The property transfer shall be effective upon acceptance by GRANTOR and GRANTEE, evidenced
by the execution of this Agreement by the GRANTOR and GRANTEE and payment of the
compensation amount.
Of the total amount of compensation hereinabove agreed upon, the sum of $850.00 shall be paid upon
execution and delivery of a good and sufficient: ® Public Use Easement and ® Temporary Construction
Permit.
Disbursement of funds will be made in the following manner:
GRANTOR Amount of Payment
PJB, LLC $850.00
The GRANTOR certifies 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.
PJB, LLC, a Montana limited liability company
xa"�
/�`
Date: �� D._
Name:
Title:
CITY OF B EMAN
Date:
By: An rea Surratt
City Manager
ATTEST:
.. •�i Date: ama',
By: Robin Crough .• ••�f'
City Clerk ;�r •
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S A N D E R S O N W:/ Cottonwood-Babcock
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STEWART
Page 2 of 2 1892.03
Parcel 2-1 &2-2
,t
FIGURE 1
R/W ACQUISITION
WITHIN
TRACT 3 IN BLOCK 3 OF VALLEY WEST SUB., S9, T2S, R5E, P.M.M.
PREPARED FOR CITY OF BOZEMAN NOVEMBER, 2018
PREPARED BY S A N D E R S O N S T E WA R T vp BOZEMAN, MONTANA
EXISTING DITCH
EXISTING MAINTENANCE � �
PROPERTY LINE EASEMENT Q
EXISTING UTILITY ��Q
EASEMENT �
PARCEL 2-2 �
TEMPORARY
CONSTRUCTION
PERMIT o�
z
SIDEWALK "� �; �
PARCEL 2-1 �
PUBLIC USE ��
EASEMENT � ' �
f
WEST BABCOCK STREETS "� � �" '
NOTES:
1. AERIAL IMAGE LOCATIONS ARE
APPROXIMATE AND MAY NOT BE EXACT.
s0 e 50 100 COTTONWOOD—BABCOCK
r TO DURSTON
NORTH SCALE:1'p ioe�
PARCEL 2-1 & 2-2
18092_3_EXHIBITS.DWG 18092.03 11/15/18 TG