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Home My WebLink About04- Wenzel, Steven; Smiley, Susan; Yerger, Lillian; Ferguson, Leland; & Beatty, Don; West Babcock "-ri:" ~.,'," " r""'O' - SETTLEMENT AGREEMENT .~...." This Settlement Agreement by the CitY of Bozeman (hereinafter "City") and Steven Wenzel, Susan Smiley, Conrad Yerger, Lillian Yerger, Leland Ferguson, and Don Beatty (hereinafter "Owners") is executed by and between said parties. RECITALS WHEREAS, the Owners own real property along West Babcock Street, Gallatin County, Bozeman, Montana, and WHEREAS, the City desires to purchase certain real property from Owners to widen West Babcock Street, install sidewalks, construct, replace, or repair water and sewer mains in and along West Babcock Street and construct, replace, or repair the storm water drain system located along West Babcock Street; and WHEREAS, the City had begun the steps necessary to condemn the interests in the Owner's property; and WHEREAS, the parties now wish to resolve any and all disputes arising from said purchase with Owners by entering into this Settlement Agreement for the terms described below, and Owners agree to such terms for the just compensation of their land. AGREEMENT NOW, THEREFORE, in consideration of the covenants and agreement ofthe parties made herein, the adequacy of which is hereby acknowledged, the parties agree as follows: 1. Property. This Settlement Agreement involves the purchase of certain right of way lying parallel and adjacent to West Babcock Street owned by the Owners, was well temporary interests in the properties to be used during the construction phase ofthe improvement project. Finally, Wenzel and Smiley specifically agree to sell to the City a five foot wide easement to construct and/or maintain a storm water drainage system located along the western edge of Wenzel/Smiley property. In exchange for the covenants and promises contained herein, the Owners hereby agree to sell and the City agrees to purchase these interests in the property. 2. Documents. In exchange for the foregoing, the City will provide Quit Claim Deeds, Temporary Construction Easements and a standard easement for the storm water drainage for each Owner's signature. The Owners will properly execute said documents and return them to the City. Thereafter, the City will record such documents with the Gallatin County Clerk and Recorder, Montana. 3. Septic Systems. In addition to the foregoing, should the construction of proposed project for which this property is being purchased interfere with the existing septic SETTLEMENT AGREEMENT Page I system(s) on the Owner's property, requiring the Owner to bring the septic system in compliance with current State and County regulations and the septic system cannot be replaced on the property, the City will connect the subject property to the City's sewer system. In that event, the Owner shall not be required to pay any fees regarding that connection including, but not limited to, sewer impact fees or hook up fees. The Owner will be responsible for all monthly sewer charges in whatever manner determined by the method used by the City at the time of connection. Further, the Owner hereby agrees to cooperate with the City to facilitate use of the City's method for proper billing for said monthly sewer charges. 4. Payment. In consideration for the purchase of said land, and including compensation for a construction easement during construction of the road improvements, the City agrees to pay the Owners $44,646.13. The City shall, not later than thirty (30) days after the successful recording of the deeds and easements required to secure the City's interests in the property with the Gallatin County Clerk and Recorder, issue a check made to Art Wittich, Attorney at Law, and mail it to 602 Ferguson Avenue, Suite 5, Bozeman, Montana 59718. 5. Confidentiality . The City and Owners agree not to disclose either the total compensation, or the compensation for each particular owner, with the exception of necessary documents deemed public. Not withstanding the foregoing, the parties acknowledge and recognize that this Settlement Agreement and its contents are public information and subject to review by the general public. 6. Entire Agreement. This Agreement sets forth the entire Agreement between the City and the Owners and fully supercedes and terminates any and all prior agreements, understandings, and contracts relating to the purchase of the property (other than the documents described above in Section 2, which shall be consistent with this Settlement Agreement). 7. Governing Law. This Agreement shall be construed and governed by the laws in the State of Montana. In the event of litigation concerning this Agreement, the proper venue shall be the Eighteenth Judicial District Court, Gallatin County, Montana. 8. Authority. Subject to paragraph 8 below, Persons executing this Agreement on behalf of the parties represent and warrant that they have the necessary authority to do so, and that said execution binds that party respectively to the terms hereof. 9. Execution of Agreement. Each party to this Agreement shall sign this Agreement on a separate page which will be attached to this Agreement. Counsel for each party shall also promptly sign the original Settlement Agreement. However, the parties mutually acknowledge and agree that the Agreement is subject to approval by the City Commission. Upon full execution, and copies of each signature sent to the other party, this Agreement shall become binding and effective. SETTLEMENT AGREEMENT Page 2 " "-.-.... J..', .,,,,_~," _ , ..-."., CONRAD YERGER LILLIAN YERGER STATE OF MONT ANA ) :ss County of ) Onthis &:> daYOf~,2004,beforeme, , Notary Public for the State of Mo ana, personally appeared Conrad Y ergerand Lillian Yerger, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year hereinabove first written. (Notarial Seal) (Print) Notary Public for the State of Montana Residing at , Montana My Commission expires: STATE OF MONTANA ) :ss County of Go.J\a. +, 0. ) On this ..3D.. day of 3' L )~ ,2004, before me, S ho.'-' I'\.c..... \...... ~e.c kW-t , Notary Public for the State of ntana, personally appeared STEVEN WENZEL and SUSAN SMILEY, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year hereinabove first written. &~.~-S.~ S\-\l~<l)(\Q L. ~QL'l.~.\- (Print) Notary Public for the State of Montana Residing at 8e9ro..dP , Montana My Commission expires: (Y)cu-C>; cl.~ I aco7 SETTLEMENT AGREEMENT Page 4 06/24/2004 20: 03 FAX 406 5815 3799 STEVE WENZEL III 06 ~~ IkA LELAND FER~~ CAL.It:oMIA STATE OF MONTANA } -ss County of S~t; C ~ ~ ) Onthis~~1dayof JUNt:.2004,beforemc, 0" A'((-\N\" , PA-rEL .- ~ Notary Public for the State~IY appeared Leland Ferguson, known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal the day and year hereinabove first written. (Notarial Seal) ~ , ..:r~"~N1, fAT~L (Print) \ ..f.Of'lI\\~ ~ Notary Public for the State of Residing at l oS S~ ~~\\Pl.w. My CnmmiRSion expires: U . (t 2.>.0' . DONALD BEATTY STATE OF MONTANA ) :55 County of ) Onthis_dayof . 2004, before me, . Notary Public for the State of Montana, personally appeared DONALD SEA TTY. known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal the day and year hereinabove first written. (Notarial Seal) (Print) Notary Public for the State of Montana Residing at . Montana My Commission expires: SETIl..EMENT AORF.EMF.NT Page ~ -.- - - - """ - ... - 06/2f/2004 20:07 FAX 406 585 3799 STEVE WENZEL [gJ 06 - LELAND FERGUSON STATE OF MONTANA ) :ss County of ) On this day of ,2004, before me, , Notary Public for the State of Montana., personally appeared Leland Ferguson, known to me to be the person whose name is subscribed to the within instrument. and aCknowledged to me that he executed the same. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal the day and year hereinabove first written. (Notarial Seal) ) ( (print) Notary Public (or the State of Montana Residing at , Montana My Commission expires: 7)~toI 3ea~ DONALD BEATTY STATE OF MOl4'T ANA CT ) County of 'f.a t'a ~ .~} cI, :ss ) On this ~ day of .---- ,2004, before me, J/'In$ , Notary Public for the State of~, personally appeared DONALD BEATTY, known to me to be the person whose name is subscribed to the within instrument. and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day ," and year hereinabove first written. (Notarial Seal) e. b~1J YJe e1fj~ /.-".~ -~-~"-";.~--~-- (print) _,:-- ,,_7~~~~~~--~~'r~~-::'- ,~~y~. Notary Public for the State of Montana / ~~- / ~'": ._-.:.. .-~' ;{ ~ \ ReSiding at jJgmfmdJ I er , :t-A~~.11fa ~~~ ~. \.~ ~ :~:. :) ::1 My Commission expires: '-;. ~'f'U.EMEN't'l"'tt;REI~:'~lf:NT Page 5 .....,,~ --...I .~-...............: ,'\. , ...:.~ '. "- ~'..:::~:.~.:..'''''