HomeMy WebLinkAbout19- Memorandum of Agreement - Castlebar Limited Partnership - Oak Street and 27th Avenue 4d¢ Project Name: Oak and 27th
City of Bozeman Project No: 18092.06
• Engineering Division
.0 Public Works Department Parcel No: 3
MEMORANDUM OF AGREEMENT
This Memorandum of Agreement (the "Agreement") has been reached this -57-*4 day of
AU4 , 20jn, between Castlebar Limited Partnership, a Montana limited partnership,
(hereinafter the "GRANTOR"), the owners of Lot 3 in Annie Subdivision, Phase II, 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 access rights to said property.
The compensation amount to be paid and other considerations to be given in full satisfaction of this
Agreement are as follows:
Compensation:
Parcel 3. Temporary Construction Permit 247 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.
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. GRANTEE agrees not to record this agreement at the office
of the Gallatin County Clerk and Recorder.
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. This agreement shall run with the land.
6. The access rights granted herein 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.
S A N D E R S O N d& Oak and 27th
S T E WA R T Page 1 of 2 18092.06
Parcel 3
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 to GRANTOR'S reasonable satisfaction impacted existing
underground irrigation systems affected by this project.
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
Castlebar Limited Partnership $500.00
The GRANTOR certifies that to the best of the GRANTOR'S actual knowledge without the duty to inquire,
there are no known hazardous materials on the property being accessed.
The terms of this Agreement are understood and assented to by us and payment is to be made in
accordance with the above.
CASTLEBAR LIMITED PARTNERSHIP
By: Affordable Housing of Montana, L.L.C.
Its: General Partner
By: Steadfast Intermountain, LLC
Its: Manager
By: Beacon Bayl Holdings, LLC
Its: vlana
Name: Dines D ar
Title: Manag r
CITY OF BOZEMAN
Date:
By: Andrea Surratt
City Manager
ATTEST:
. • ■ . •0 Date:
By: Robin Crough .' •
City Clerk ' r i •'y
LgTINCO ���---
S A N D E R S O N � Parcel Oak and 27th
S T E WA R T( Page 2 of 2 �arse.3s
3
FIGURE 1
R/W ACQUISITION
WITHIN
LOT 3 OF ANNIE SUBDIVISION PHASE II
S2, T2S, R5E, P.M.M.
PREPARED FOR CITY OF BOZEMAN ,� APRIL, 2019
PREPARED BY SANDERSONSTEWART� BOZEMAN, MONTANA
W. OAK ST.
EXISTING
PROPERTY LINE
(TYP)
W
Q
= I = PARCEL 3
TEMPORARY
`V CONSTRUCTION
z PERMIT
a
EXISTING PUBLIC
STREET EASEMENT
204FM1369)
I
NOTES:
1. AERIAL IMAGE LOCATIONS ARE
APPROXIMATE AND MAY NOT BE EXACT.
10 0 10 20
OAK AND 27TH
NORTH Scuet°-20
PARCEL 3
18092_6_EXHIBITS.DWG 18092.06 4/12/19 TG