HomeMy WebLinkAbout23 - Easement Type Unknown - BT-OH, LLC - N 19th Ave Shared Use Pathway Project Name: N 19th Ave Shared
v �x City of Bozeman Use Pathway
w= Engineering Division
Public Works Department Project No: 18092.14
Parcel No:2
E
NONEXCLUSIVE RIGHT-OF-WAY AGREEMENT
T ' Nonexclusive Right-of-Way Agreement (the "Agreement") has been reached this 29"day of
or--I-, 2023, between BT-OH, LLC, a Delaware limited liability company, successor by
mergkr to Montbill Corporation, a Montana corporation(hereinafter the"GRANTOR"),the owner of Lot 3 of
Tract 7'of Gardner-Sim mental Plaza, a tract of land located in the E'/Z of Section 36, Township 1 South,
Range 5 East, M.P.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, less and excepting therefrom
that portion deeded to the State of Montana in bargain and sale deed recorded January 13, 1993 in Film
129, Page 727,official records,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: Nonexclusive Trail Corridor Easement 5,981 s .ft. $11,478
Cost to cure: None $N/A
Total(rounded) $11,500.00
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 agrees that it will, at the GRANTEE'S request, execute a Nonexclusive Trail
Corridor Easement(the"Easement")in form and substance reasonably acceptable to GRANTOR,
and in full satisfaction of GRANTOR'S obligations hereunder.
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 lienors and lessees, and any and all other
legal and equitable interest that are or may be outstanding.
5. This Agreement shall be deemed a contract extending to and binding upon the parties hereto and
upon the respective 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.
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, payment of the
compensation amount, and delivery of the executed Easement.
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7. The GRANTOR and GRANTEE hereby agree that the GRANTEE will install the shared use
pathway improvements on and over the Easement at the GRANTEE's cost.
8. This Agreement is made and the Easement to be transferred as provided for herein is granted
under the threat of and in lieu of condemnation.
Of the total amount of compensation hereinabove agreed upon, the sum of$11,500.00 shall be paid upon
execution and delivery of a good and sufficient: ® Trail Corridor Easement
Disbursement of funds will be made in the following manner:
GRANTOR Amount of Payment
BT-OH, LLC $11,500.00
GRANTEE fully understands, agrees and acknowledges that the sale, transfer and conveyance of the
Easement provided for herein is strictly on an "AS IS, WHERE IS AND WITH ALL FAULTS BASIS AND
SELLER SPECIFICALLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO, ALL
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL
WARRANTIES OF ANY NATURE, EXPRESS OR IMPLIED, CONCERNING THE CONDITION OF THE
PROPERTY."
The terms of this Agreement are understood and assented to by us and payment is to be made in
accordance with the above.
BT-OH, LLC, a Delaware limited liability company, successor by
merger to Montbill Corporation, a Montana corporation
^-� Date:
Name.
Title: �X&
A t
CITY OF BOZEMAN
Date:
J Mihelich
y eag err
ATTEST:
Date: 119/15,
By: Mike Maas =_
City Clerk -
'4 r
Co. a
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18092.14
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