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HomeMy WebLinkAbout19- Memorandum of Agreement - J. and J. Albro - Oak Street and 27th Avenue �og Project Name: Oak and 27th City of Bozeman Project No: 18092.06 * ,J. � Engineering Division Public Works Department Parcel No: 2 eT�N co.do�j� MEMORANDUM OF AGREEMENT This Memorandum of Agreement (the "Agreement") has been reached this `� day of 2010t , between Joe Albro and Joyce Albro, a/k/a Joseph E. Albro and Joyce E. Albro, as joint tenants (and not as tenants in common), (hereinafter the "GRANTOR"), the owners of Lot 5 in Block 12 of Harvest Creek Subdivision, Phases 3 and 4, 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, 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: Temporary Construction Permit 198 s .ft.* $500 *Figure 1 Total (rounded) $500.00 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 DE R S O N (ft, Oak and 27th S T E WA R T Page 1 of 3 18092.06 Parcel 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. 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. 8. The GRANTEE and GRANTOR agree that the GRANTEE will reset the portions of existing fence within the sight vision triangle, as shown on Figure 1, outside and along the sight vision triangle at the GRANTEE'S expense. 9. The GRANTEE and GRANTOR agree that the GRANTEE will install landscaping fabric and rock in the street vision triangle, as shown on Figure 1, outside and along the relocated fence location at the GRANTEE'S expense. Of the total amount of compensation hereinabove agreed upon, the sum of $500.00 shall be paid upon execution and delivery of a good and sufficient: ® Temporary Construction Permit. Disbursement of funds will be made in the following manner: GRANTOR Amount of Payment Joe Albro and Joyce Albro, a/k/a Joseph E. Albro $500.00 and Joyce E. Albro 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. JOE ALBRO AND JOYCE ALBRO, A/K/A JOSEPH E. ALBRO AND JOYCE E. ALBRO Date: S/9 Z a l 9 Joe A fio Date: 7 , J Joyc I ro SANDERSON (a Oak and27th S T E WA R T Page 2 of 3 18092.06 Parcel 2 CITY OF BOZEMAN rl A&- 1 1 Date: 0((;I 2( n By: Andrea Surrat City Manager ATTEST: Date: (0(3 By: Robin Crough �• '. City Clerk U Yam ` . O TIN CO•�'� , S A N D E R S O N (0, Oak and 27th S T E WA R T Page 3 of 3 18092.06 Parcel 2 FIGURE 1 R/W ACQUISITION WITHIN LOT 5 IN BLOCK 12 OF HARVEST CREEK SUBDIVISION PHASE 3 AND 4, S2, T2S, RSE, P.M.M. PREPARED FOR CITY OF BOZEMAN APRAL, 2019 PREPARED BY SA N D E RS O N ST E WA RT�� BOZEMAN, MONTANA a� W OAK ST n i SIGHT VISION RIANGLE ,,trn `RESET EXISTING `FENCE OUTSIDE ' SIGHT VISION TRIANGLE ; i f.. W I EXISTING PUBLIC STREET AND IZ UTILITY EASEMENT �` r (PLAT J-315) . i EXISTING UTILITY EASEMENT (PLAT "� f J-315) PARCEL 2 ' ., TEMPORARY CONSTRUCTION � ' � a ExISTiNc PERMIT NOTES: 1. AERIAL IMAGE LOCATIONS ARE APPROX MATE AND MAY NOT BE EXACT. 10 0 10 20 �� OAK AND 27TH NORTH SCALE:1"=20' PARCEL 2 18092_6_EXHIBITS.DWG 18092.06 4/12/19 TG