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Home My WebLink About20- Memorandum of Agreement - Gregory H. and Whitney W. Pritham - Baxter-Cottonwood Intersectionof? , BOZO Project Name: Baxter/Cottonwood -� City of Bozeman Engineering Division Project No: 18092.01 �t?T-a88J2�� Public Works Department Parcel No: 1 N Co. `M1 MEMORANDUM OF AGREEMENT This -Memorandum of Agreement (the "Agreement") has been reached this day of 3-t,14 , 20L- between Gregory H. Pritham and Whitney W. Pritham, as joint tenants, (hereinafte the "GRANTOR"), the owners of Tract 5 of Certificate of Survey No. 2202, located in the SW%SW'/ of Section 34, Township 1 South, Range 5 East, P.M.M., Gallatin County, Montana, according to the official survey 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: Public Use Easement 10,241 s .ft.* $35,997 Depreciation to Remainder: $148,146 * Figure 1 Total (rounded) 1 $184,150 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. Baxter/Cottonwood Page 1 of 3 18092.01 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 agrees that the existing shed on the northwest corner of the property will not be disturbed with this project. 8. The GRANTEE agrees to perpetuate full access movements to the existing approach with this project. 9. The GRANTEE and GRANTOR agree that the GRANTEE'S project affects the existing drainfield on the property and that the GRANTEE will connect the existing residence to the GRANTEE'S sanitary sewer system at the GRANTEE'S expense. 10. The GRANTEE and GRANTOR agree that the existing underground propane tank on the west side of the property will be reset and buried outside of the new public use easement with this project at the GRANTEE'S expense, as shown on Figure 1. 11. The GRANTEE and GRANTOR agree that all existing trees and shrubs within the new public use easement will be removed with this project at the GRANTEE'S expense, as shown on Figure 1. 12. The GRANTEE and GRANTOR agree that the existing wood fence within the new public use easement will be reset to be on the new public use easement line with this project at the GRANTEE'S expense, as shown on Figure 1. 13. The GRANTEE and GRANTOR agree that the stated conditions as shown in this Agreement must be executed per this Agreement in -full. Any amendment or modification to this Agreement must be written and executed by both GRANTEE and GRANTOR. Of the total amount of compensation hereinabove agreed upon, the sum of $184.150 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 Gregory H. Pritham and Whitney W. Pritham $184,150 The GRANTOR certifies that there are no known hazardous materials on the property being acquired. The terms of this Agreement are understood and assented to by us and payment is to be made in accordance with the above. GREGORY H. PRITHAM AND WHITNEY W. PRITHAM ory H. Pritham A,-- Wh ney W. Pritham Date: Date: k 2 1 � -1 Page 2 of 3 Baxter/Cottonwood 18092.01 Parcel 1 CITY OF BOZEMAN B • J ihelich Cl y anager O P ATTEST: ti�• - By: Mike- aas City Clerk _ . Date: jQ --a0ob 7- V r S A N D E R S O N j Page 3 of 3 18092.01 S T E WA R T Baxter/Cottonwood Parcel 1 EXISTING ROAD RIGHT-OF-WAY ■ RESET EXISTING PROPANE TANK r, - PARCEL 1PUE NEW PUBLIC USE EASEMENT /BAXTER EXISTING TELEPHONE; Current Owner: Gregory H. Pritham and Whitney W. Pritham 4687 Baxter Lane Bozeman, MT 59718 PERPETUATE FULL ACCESS TO EXISTING APPROACH Y� TRACT 5 OF C.O.S. 2202 IN SEC. 34, T1 S, R5E 23 0 25 50 R/W LEGEND EXISTING 1"DND ci_Irr / EXISTING ROAD RIGHT-OF-WAY . •. \ '� `� CITY OF BOZEMAN RNV ACQUISITION \ \ I UNENCUMBERED REMAINDER NEW PUBLIC USE EASEMENT 10,241 sq. fL ---- EXISTING RIGHT-OF-WAY LINE x-HRU RUB SH U$ Q\ DND TREE \ • EXISTING EASEMENT '� \ i SHR I NEW PUBLIC USE EASEMENT .QJ3 I • `N DND TREE ,.. EXISTING \ \ I•;• I` PREVIOUSLY PROPERTY LINE \ ,: ;REMOVED { \ RESET EXISTING FENCE \ RESET EXISTING FENCE \ ` TO ALONG NEW PUE TO ALONG NEW PUE d i ` DND SHRUB�\ Y r DND TREE w ry DND TRE.- ,.", /BAXTER EXISTING TELEPHONE; Current Owner: Gregory H. Pritham and Whitney W. Pritham 4687 Baxter Lane Bozeman, MT 59718 PERPETUATE FULL ACCESS TO EXISTING APPROACH Y� TRACT 5 OF C.O.S. 2202 IN SEC. 34, T1 S, R5E 23 0 25 50 R/W LEGEND SCALE IN FEET / EXISTING ROAD RIGHT-OF-WAY DNEW EASEMENT CITY OF BOZEMAN RNV ACQUISITION UNENCUMBERED REMAINDER NEW PUBLIC USE EASEMENT 10,241 sq. fL ---- EXISTING RIGHT-OF-WAY LINE ---- EXISTING EASEMENT EXISTING PROPERTY LINE NEW PUBLIC USE EASEMENT Right of Way Required for Baxter Lane and Cottonwood Road Roadway Improvements City of Bozeman, Montana FIGURE 1 PARCEL1