HomeMy WebLinkAbout19- Memorandum of Agreement - Oak Springs Community Association - Oak Springs Storm Pond 1
f�oFso � Project Name: Oak Springs Storm
City of Bozeman Pond
* Engineering Division
f
=7_ ;4 Project No: 18092.05
o8 Public Works Department
'r'Ar co. w. Parcel No: 1-1
MEMORANDUM OF AGREEMENT
This emorandum of Agreement (the "Agreement") has been reached this ZZ' day of
vil , 201, between Oak Springs Community Association, Inc., a Montana
Corpo tion (hereinafter the "GRANTOR"), the owner of Private Open Space #1 of Oak Springs
Subdivision Phase 4, a subdivision located in the SE'/a of Section 3, Township 2 South, Range 5 East,
P.M.M., 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 1-1: Storm Drain Easement 14,313 s .ft.* $10,878
Cost to cure: Remove 2 trees $800
Figure 1 Total (rounded) 1 $11,700.00
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.
Ift
S A N D E R S O N %1 Oak Springs
Storm Pond
S T E WA R T
Page 1 of 2 18092.05
Parcel 1-1
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.
7. The GRANTEE and GRANTOR agree that the GRANTEE will coordinate construction activities on
the GRANTOR'S property with regards to underground irrigation activities prior to construction. The
GRANTEE agrees to adjust and repair impacted existing underground irrigation systems affected by
this project
Of the total amount of compensation hereinabove agreed upon, the sum of$11,700.00 shall be paid upon
execution and delivery of a good and sufficient: ® Storm Drain Easement.
Disbursement of funds will be made in the following manner:
GRANTOR Amount of Payment
Oak Springs Community Association, Inc. $11,700.00
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.
OAK SPRINGS COMMUNITY ASSOCIATION, INC.
Date: �L c
Name:
Title: £Sri�C— T
CITY OF BOZEMAN
Date: j
By: Andrea Surratt
City Manager
ATTEST:
B O
0.
.�. •+ '9f^,Date: (Q I �-.1 Lao
By: Robin Crough • ," : '
City Clerk
40
AM Y�
S A N D E R S O N t , oak springs
Storm Pond
S T E WA R T
Page 2 of 2 18092.05
Parcel 1-1
FIGURE 1
R/W ACQUISITION
WITHIN
PRIVATE OPEN SPACE #1 OF OAK SPRINGS
SUBDIVISION PHASE 4, S3, T2S, R5E, P.M.M.
PREPARED FOR CITY OF BOZEMAN APRAL, 2019
PREPARED BY SANDERSONSTEWARTP-' BOZEMAN, MONTANA
EXISTING � z
3
i
EXISTING WEST � �''�x
GALLATIN CANAL REMOVE
FLOWLINE EXISTING TREE �
EXISTING AND EXISTING
PROPERTY LINE � STORM POND
(TYP)
y
PARCEL 1-1
EASEMENT r�1
��. DISTURB�
TREE �
EXISTING UTILITY
� EASEMENT (PLAT...
J-475)
r
Wf
I �f r �EXISTING PUBLIC �
� DURSTON READ SIDEWALK EASEMENT � '��
x 3(DOC #2349823)
NOTES:
1. AERIAL IMAGE LOCATIONS ARE
APPROXIMATE AND MAY NOT BE EXACT.
A&I30 0 30 60
,p OAK SPRINGS STORM POND
NORTH SCALEI"=60' PARCEL 1-1
18092-5-EXHIBITS.DWG 18092.05 4/1/19 TG