HomeMy WebLinkAbout19- Memorandum of Agreement - E. and S. Canfield - Oak Street and 27th Avenue 'so"2 Project Name: Oak and 27th
City of Bozeman Project No: 18092.06
Engineering Division
Public Works Department Parcel No: 1
MEMORANDUM OF AGREEMENT
This Memorandum of Agreement (the "Agreement") has been reached this /3 t1+ day of
204, between Elliot Canfield and Sarah K. Canfield as joint tenants with rights
of survivo ship, (hereinafter the "GRANTOR"), the owners of Lot 6 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 1: Temporary Construction Permit 91 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 D E R S O N Oak and 27th
S T E WA R T Page 1 of 2 18092.06
Parcel 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.
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
Elliot Canfield and Sarah K. Canfield $500.00
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.
ELLIOT CANFIELD AND SARAH K. CANFIELD
IAI �— Date: t ►�' \�✓J — 1 I
Elliot Canfield
Date:
Sarah K. Canfield 03
CITY OF BOZEMAN
Date:
By: Andrea Surratt
City Manager
ATTEST:
Gal
0
" . Date:
By: Robin drough
City Clerk
S A N D E R S O N (W-, `�TIJV c0* Oak and 27th
S T E WA R T Page 2 of 2 18092.06
Parcel 1
FIGURE 1
R/W ACQUISITION
WITHIN
LOT 6 IN BLOCK 12 OF HARVEST CREEK
SUBDIVISION PHASE 3 AND 4, S2, T2S, R5E, P.M.M.
PREPARED FOR CITY OF BOZEMAN ,,ttom� APRIL, 2019
PREPARED BY SANDERSONSTEWART0.9 BOZEMAN, MONTANA
r:
SIGHT VISION
'TRIANGLE
W. OAK ST.
l'
'.REMOVE EXISTING _ �
PARCEL 1 ITREES IN SIGHT
wsloN TRIANGLE
TEMPORARY
CONSTRUCTION f
PERMIT RESET EXISTING
FENCE OUTSIDE
�. SIGHT VISION
TRIANGLE ((
w: W
EXISTING PUBLIC ? � v
UTILITY EASEMENT �� �' � €
(PLAT J-315)
J-315) EXISTING PATIO �' `
4
I
EXISTING
T PROPERTY LINE �
ti
o,
r, v
m-
m €
�W a
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 1
18092_6_EXHI BITS.DWG 18092.06 4/12/19 TG