HomeMy WebLinkAbout16- Agreement to Exchange Land - Help Center Incorporated - Van Horn Subdivision Return to: E-39—D 2570725
City of Bozeman Page: 1 of 10 01/30/2017 02:55:42 PM Fee. $70.00
(?ity Clerk PLAN 1 EU S`� Charlotte��� Mills���� sc
PO Box 1230
Bozeman, MT 59771-1230 AGREEMENT TO EXCHANGE LAND
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THIS AGREEMENT is made and entered into this 2-Z"'of 2016, by and
between City of Bozeman, whose mailing address is P.O. Box 1230, Bozeman, MT 59771
hereinafter referred to as CITY, a Montana municipal and HELP CENTER INCORPORATED,
whose mailing address is 421 East Peach Street, Bozeman,MT 59715 and(or assigns),
hereinafter referred to as HELP CENTER.
WITNESSETH:
WHEREAS, CITY is the legal owner of the following described real property situated in
Gallatin County, State of Montana,more particularly described as follows, to wit:
VAN HORN SUB, S11, T02 S, R05 E, Lot 4A, ACRES 3.43, PLAT E-39-C
("PARK PROPERTY")
WHEREAS,HELP CENTER is the legal owner of the following described real property
situated in Gallatin County, State of Montana, more particularly described as follows, to wit:
VAN HORN SUB, S11, T02 S, R05 E, ACRES 0.475, TRACT B-1 PLAT E-39-B
OMALLEY COOK ANNEX
("HELP CENTER PROPERTY")
WHEREAS, CITY and HELP CENTER desire to exchange a portion of their respective
parcels of above-described real properties pursuant to a boundary realignment ("the Boundary
Realignment") under the terms and conditions hereinafter set forth and as shown on the attached
Exhibit A which by this reference is made a part hereof.
NOW, THEREFORE, for good and valuable consideration the parties agree as follows:
1. FILING OF AMENDED PLAT: CITY and HELP CENTER shall file the Amended
Subdivision Plat in order to complete the Boundary Realignment as shown on Exhibit A.
CITY and HELP CENTER acknowledge and agree that real property to be exchanged
pursuant to the Boundary Realignment are of equal size and relative value.
In order to convey its interest in that portion of the CITY PROPERTY to be included as
shown on Exhibit A,the CITY shall execute a Quit Claim Deed to HELP CENTER for
said portion of Lot 4A of the PARK PROPERTY(Van Horn Subdivision, 511, T02 S,
R05 E,Lot 4A,ACRES 3.43,PLAT E-39-C). In order to convey its interest in that
portion of the HELP CENTER PROPERTY as shown on Exhibit A,HELP CENTER
shall execute a Quit Claim Deed to CITY for said portion of HELP CENTER
PROPERTY (Van Horn Subdivision, S11,T02 S,R05 E,ACRES 0.475, TRACT B-1
PLAT E-39-B OMALLEY COOK ANNEX).
2. HELP CENTER shall purchase a title insurance policy insuring that the CITY shall
acquire that portion of the HELP CENTER PROPERTY to be included within the park
free and clear of all mortgages, liens and encumbrances, subject to the following:
A. All reservations and exceptions of record and in patents from the United
States or the State of Montana or in Acts authorizing the issuance thereof;
B. Covenants,restrictions,reservations, limitations, conditions, easements,
rights of way, notations contained in or on any recorded plat, uses,
waivers, agreements, bylaws, and other provisions of record.
C. Taxes and assessments for the current year and subsequent years;
D. All prior conveyances, leases or transfers of any interest in minerals,
including, oil, gas, and other hydrocarbons, including access to and from
to extract the same,whether or not shown in the public records;
E. Building,use, zoning, sanitary, safety, and environmental rules,
regulations,and restrictions; and
F. Water rights, claims of title to water, and ditch rights apparent or of
record.
3. BOZEMAN CITY COMMISSION RATIFICATION CONTINGENCY: The parties
recognize and agree the Boundary Realignment and the exchange of real property as set
forth herein is contingent upon ratification by the Bozeman City Commission of the City
Manager's approval of this Agreement by duly adopted ordinance of the Bozeman City
Commission pursuant to the requirements of Section 2.11 of the Bozeman City Charter
and Chpt. 2,Art. 6,Div. 5,BMC. Final ratification of this agreement shall not be
effective until thirty(30)days after final adoption of such ordinance("Effective Date").
Should the Bozeman City Commission fail to ratify the City Manager's approval of this
Agreement for whatever reason, this agreement shall be terminated, and neither party
shall have any further obligation to the other party.
4. HELP CENTER'S WARRANTY AND DISCLOSURE: HELP CENTER agrees and
represents that it has conducted an independent investigation and inspection of the CITY
PROPERTY and has entered into this Agreement in full reliance thereon, and that there
are no other agreements, verbal or otherwise, modifying or affecting the terms hereof,
and that HELP CENTER is not relying upon any oral representations made by the CITY
or CITY's agents. HELP CENTER specifically understands that the CITY's interest in
said HELP CENTER PROPERTY shall be conveyed "AS IS" AND WITHOUT
WARRANTIES,EITHER EXPRESSED OR IMPLIED,INCLUDING THE
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE,EXCEPT THE WARRANTIES OF TITLE AS SET
FORTH HEREIN.
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5. TAXES AND ASSESSMENTS: There shall be no proration of taxes between CITY and
HELP CENTER,INC. HELP CENTER shall pay all taxes, fees and assessments accruing
against said HELP CENTER PROPERTY subsequent to the date of Closing.
6. RISK OF LOSS: The parties hereto understand and agree that each party shall bear the
risk of loss to their respective parcels of real property and appurtenances until title is
conveyed at the date of Closing.
7. POSSESSION: Possession of the fully realigned parcels will be delivered on the date of
Closing.
8. MEGAN'S LAW DISCLOSURE: Pursuant to the provisions of Title 46, Chapter 23, Part
5 of the Montana Code Annotated, certain individuals are required to register their
address with the local law enforcement agencies as part of Montana's Sexual and Violent
Offender Registration Act. In some communities, law enforcement offices will make the
information concerning registered offenders available to the public. If either party desires
further information, it should contact the local County Sheriffs office,the Montana
Department of Justice, in Helena,Montana,and the probation officers assigned to the
area.
9. NOXIOUS WEEDS DISCLOSURE. Buyers of property in the State of Montana should
be aware that some properties contain noxious weeds. The laws of the State of Montana
require owners of property within this state to control,and to the extent possible,
eradicate noxious weeds. For information concerning noxious weeds and your obligations
as an owner of property,contact either your local County extension agent or Weed
Control Board.
10. CLOSING: Closing of the transaction set forth in this Agreement shall occur within 10
days of the Effective Date as defined in Section 4 of this Agreement and simultaneously
with the recordation of the plat set forth on Exhibit A. CITY and HELP CENTER may
mutually agree in writing to extend the Closing. Since no funds are being transferred, a
closing agent shall not be necessary. HELP CENTER agrees to pay all recording fees. 3
11. INSTRUMENTS OF FURTHER ASSURANCE; GOOD FAITH: Each of the parties
hereto agrees, at their own expense,to execute and deliver to the other at or after the
Closing any and all further instruments and documents as either may reasonably request
in order to carry out any of the provisions of this Agreement. CITY and HELP CENTER
shall act in good faith in all respects relative to the transactions contemplated hereby.
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12. NOTICES: Any notice required or permitted hereunder shall be in writing and shall be
deemed delivered if personally delivered or two (2)days after being sent by United States
First Class Certified Mail,postage prepaid,to the CITY or HELP CENTER at the
addresses specified herein below.
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CITY: HELP CENTER:
Bozeman City Manager Executive Director
City of Bozeman HELP CENTER, INC.
121 N. Rouse Avenue 421 East Peach Street
Bozeman,MT 59715 Bozeman,MT 59715
Notices shall be addressed to any other person and address as may be specified from time
to time by any party by written notice to the other party.
13. PARTIES IN INTEREST;ASSIGNMENTS: This Agreement,and each and every term
and provision hereof, shall inure to the benefit of, and be binding upon and enforceable
against, HELP CENTER and CITY hereto and their respective legal representatives,
successors and assigns.
14. NO THIRD-PARTY BENEFITS: This Agreement is not intended, and shall not be
deemed or construed,to confer any rights,power or privileges on any person, firm,
partnership, corporation or other entity not a party hereto, except as otherwise provided.
15. TIME IS OF THE ESSENCE: Time is specifically declared to be of the essence of this
Agreement, and of acts required to be done and performed by HELP CENTER and
CITY.
16. GOVERNING LAW: This Agreement is executed and delivered and is to be performed
in,and shall be governed by and construed in accordance with,the laws of the State of
Montana without regard to principles of conflicts of law. The parties submit to the
jurisdiction of the courts in Gallatin County,Montana and agree that any legal action or
proceeding relating to this Agreement may be brought in those courts.
17. ATTORNEY'S FEES: Should either party hereto reasonably retain counsel for the
purpose of enforcing or preventing the breach of any provision or alleged breach hereof,
including but not limited to instituting any action or proceeding to enforce any provision
hereof, for damages by reason of any alleged breach of any provision of this Agreement,
for a declaration of such party's rights or obligations hereunder or for any other judicial
remedy, then the prevailing party shall be entitled to be reimbursed by the other party for
all costs and expenses incurred in connection therewith, including but not limited to
reasonable attorney's fees for the services rendered to such prevailing party.
18. ENTIRE AGREEMENT: This Agreement expressly terminating all previous agreements
among the parties related to the property, and constitutes and contains the entire
agreement between CITY and HELP CENTER and supersedes any and all prior
negotiations,correspondence, understandings and agreements between the parties
respecting the subject matter hereof. Y[[
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19. AMENDMENT: This Agreement may be amended only by a writing signed by each of
the parties hereto.
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**** END OF AGREEMENT EXCEPT FOR SIGNATURES
CITY OF BOZEMAN
By: Clu•is A. Kukulski, City
A(C r-: _ �• �R e1�ti HEATHER BIENVENUE: 1
Q Q _ + Q' ' :�?• �F', Notary Public
�Lh1i/t G ti � �,( �Va •.��<< u.101ARtl"` for the State of Montan,. i
m= Residingat:
HELP CENTER, INC. �TrN CO•� N�,SI;I�L.2Q' Bozeman, lont;:�n�
My Commission Expire>a:
Or
January 26,2018
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TITLE: �
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a' PROVED AS TO FORM
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Oil
r �in�n n� : Greg Sullivan, Bozeman City Attorney
1, t °V�-C- S i2NN14QG 4G �
aiE'L HEATHER.�` E NUE Public Notary Public
for the State of Montana
*: •*_ Residing
SEAL.��, Bozeman, Mon
tana
-y My Commission Expires:
Or Mo January 26, 2018
s;F� HEATHER BIENVEivl,l1_.
Nota y Public
+v• Afit., for the State of Mon tan.--I
— - r= R -sidingg at:
Bozem<:in, Montana i
, i
q�fipF��;i�.z My Coi ri nission Expire.: �
J�;ni iry 26, 2018
AX•IENI)F.I3 PLAT OF
TRACT B-1 OF AMENDED VAN HORNY SUBDIVISION(E=39--])AND LOT 4A OF AMENDED VAN HORN SUBDIVISION(E-39=C),
LOCATED INI THE"SDU'1'IIti\'1''STONE-QUARTER OF SECTION 11,
TOWNSHIP 2 SOUTH,RANGE 5 EAST,PRTNTC1PAL MERIDIAN,
CITY OF BOZEMAN,GALLATIiN COUNTY,MONTANA
OR'�-HIL4-'ER,I("F H i;f[elp Ceeler itrc.acid I.fll'i.�l'ir.of Itnrcmai,
1't'R I-0.1K I l RR\LIG\.1 COYL3E0\1101'\D XRY 1IF 11VL SN 2 IA I=S IN A VLAT 7 FD tiR'111)157S1 ON
CEWHFICAIH OF SURVEYOR
1 LH(;AI.1)IiS('lill''EIO\ I,the lad—icned,Ryan J. Dee.ProEessiund Lune Surveyor, do hereby cert;ly that this
Amended Sabdivision, w..s -yed under my direct sup-•+islon.and platted the same as
IVF�_kf•' A crest of!and being Tract B-1 of Amended Van Morn Subdivision(E-39-8)or=.d Lot 4A sl
uF Amcn,?ed Van}torn Su6divisiar. E-•39-C,locates in the Sa,:thwest One-Quarter u! •aer.unclhe uccornpony;no plat and as cesc:Rfetl in accordance wilt the prrnisi:ms of the
- `'-•,,, f ) 1lontera b&vdsien and Pfott;ng Act. ectians 76-3-101 through 7fi-3-625,N.C.A.,did
3.3.ti_ (. Section 11,Township 2 South.Range 5 East, Principal Meridian F—tono,City o!Bozemon, the Bozeman Municipal Code.
If J Gallatin County,Morlun e. ...._.
(M) � J Said Tract of land being 3.91 acres,along With and suand to cry existing easem CATED this en;5. _day o! __---------------- 20....__.....
OOP vrb j
�,>`rti / _ B.e c CERT'11'IC:\'I L•Uh IiX1:\II'"PTO\hRO\I SL'BDI\'ItiIO.N RI:\•113\\'AM) ,
Mont J. Dee
IiSCLL'SIONIrR(]\I 1),IS.Q-I(I[1'llil\' Montana Regtsirotfon No. 32S15L5
EXISTAG 3V WD_
J R91� `XI"I ACc'55 AIfU I(we), certify That the purpose of this survey is to retacde a canirnon Qoundary line C,(ri5[iX'f(Sir 11URTtL\C:1?1.
UTipTY=AS-UENT - between adjoin g properties. Trerefare, :his survey is exempt (ram review as a subdivision
TS �/ o h (M} S8T22'12'E 151.97• pursuant to Secfiaa 76-3-207(i)(d),MCA.end the Bozeman Muunicpol Code. I further Ste, the undersigned on-Ragees, do hereby pi[_ in and .Orsart to the case, d at,
f 587.20-WE w FxD vac ( certifv,thcl Lot 2,Shawn hereon, is axcluded from:reriiew by the Mcnlmu Departnm'it of releasing our respect;'¢fens, cl^ircs or e-C':mtx las as to any portion of agid lands now
g a 6400' / w I ) bei•i platted into roads,avenues, ks or othe'public uses one cediceled to the use of
/ F 7 P.-D. T Env;rgnmertcl Oudity pursuard to A.R.M.17.36.605(2)(c and lot T.shmm hereon,is 4 W Pa''
0 15' / O excluded from review by the Moot...Deportment of Environmental Oual;ly pursuant to the public--`orever-
Nerza'se"w. i/\ 3 n.R.A!. :7.36.b05(2}(h). DATED this____doy of_------------ -
24
LOT 2 p " - ai_ ? 1 -
`r ! M48 acres m i:',� oo DAIEO this_____clot of A
het Car,[,Inc. Le�dinS Institu Ron
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:F: z
0 1 sew.!:1>•,
EaSUNa 17'WIFE PUBLIC STREET z 1 'R N67'23'5C'1ti -
AN.unply FAakbi:NT ,,,� ese' (>J)
R rkous
_ N 7 3•SC' 5137'23'50'E V PzEk(IUS!JI ra Mai lF.+_ 58.7P' -_-- -___ g$.67' " B
lAr LINE ri.o a r!,� Slate.of Montane )
(M) (printed name) ):sa
J N87W'50-W Cnr GGIIaL
16.97' SU2'40'1a'w N 7.Y07" 502'40'10'W its:------------- --------- +nty of e )
2SAY 92.51' 26.48' m (tills) Cn this ... day of.--. ..____- 20_____-before me.the
f - 11•'K, undersigned, o Notary Pu ITc for the Stole o! .,pe,.wdIy appeared
(. .-.___________- _-_ ___- _b_ -n02'38'S3'E11 �N;12']e'S3'E N ` Slate of--- ,:ire kaGVn l0 mC TO bethe_ a(the
1 I -------- Corporation execilleit the within instrument, and acknowledged to me thel such CGrporajlaa
J7.55' I 1 37.SS' + Comty of— ) nxeruted the
^' 10•if-uL AND'.WATER LIE u On thle ..day of 20----,before me,the a WITNESSyear
It above
F.I have r•erapnta set my hand n affixed my IdaferiM Seal the deg
w
Ny EASEMENT FOR IdE BEI.EFO a: y "'^""^ '" ----------------- and )eo( first abova written.
( ^ LUT 2.CR=ATZO DO TMS PLAT. `s1a8�3'0TU' undersigned,a Notary Public for the State of ..............................._.__,personally appeared
___----------------,known to me to be the____-_-__-__-_of the
corperollon whosa nomo is subscribed to the within instrument end acknowledged to min
the executed the same. ------
that
� Y Notary Public for the Stole at_„,.,._,.__
C4
I ' IN N'lTNE55 q•HEREOF,I hove hereunto set my hard ord olfixetl my Notarfd Seal the dog _ ____-_____ __-__
I 1 end year first above written. (Printed Ncme)", Notary Public for the Stole ai_________
.......____
___' __My ommission expires_- = ��
-----------------------------------
(Printed Name)
s
< 1„ LOT C]tK"111+IC:\'I'hf)PGC'N'IiRN[NGIioD)'
0 3.43 acres i Rail at ________
o Director of Community Development• do
a i cemmisaian I. _.......__......_.__.-__.__________—___,
Al ex
y - PIces -------------- - --------- hereby cerlii that the accam anon Amended Plat hes been dui)reviewed,and has been
Y P 9
o , found 1 conform to the requke CA, c d the Subdivision acid plc Code Ac4 Sad;cna
.^. z t - ?G AT Vy DATED l:,rs_____ ) f—__— —---- 0_—. 76 �Cr Ihr _ 76 S E t r.d the Bozemon NLr p I Codc-
..
i
v ,r„ CITY OF BCZEMAN z - -
- ouch MCA, :' r'n
�s+96yy fi'Y ............DATED this _.day of_______—___________.2a_.._.
i
ur 1 -------------------------------------
-
Oft
1 (xignntr _------_ Dit of CcmmurrN Mp
y Oevemenl
..
(,rim me(,rimed name;
r its:__—________________________ •• - .
4!y'. (titio) I, ________ ____ _.Director of Public:liceWorks.City of Bozern-o,
-------- s Mlinto do hereby certify that it,. am a xcpcnyn m 9 Aence.Plnes been duly exrn:ined.
Sate of_ rn
and hove found the same to conform to the law,approve it, end hereby cccept the
v
`512 •'F• // ):s casements to tirs City of Bo2emtn for the public Lee of on)an[ell longs shown.on the
II+rq j County of-__-- _ plot os being easements to such use.
On This __ doy of _ _ 2U___- before me, the DATED this— dindayof. _ _.2D_.
_
unrersignec-, c Naiury P,b1i;: Icr iha 5l.-te of _, per scnolly uppeufec
v?• v�;r/ known to me to 4e me_ ___ _of its
I Ll City at Bozeman whose rarre i=subscribed to the within insto.ment cod ackriowlec, ed to ........._....__ ___________
Ili 1 me the"they executed this scree. Director of PLbl;c Works
/ City of Bozeman, Montano
( IN WITNESS AHEREOF,I have hereunto set my hand cr-d effxeo my Nulof 1 Seal late day M
(Af) N862515"W 155.55' Od and year first aDovro wriiim- __ __- __—________— ...._..._..__._________________—_ k
11 - All CrnTurlC:vE OT'COUVI STRHAR1,1(Rx
1`�S`- L�y3"I� ( Not cry Public for the State of I, _, Treasurer of Gallatin County,afontone,do
i
hereby c the _ examined and that otl real 17
I and leveed an ihn 1-nd to he subamded -
;1. r A: ______---______— —__—___ properly taxes One special assessments assess_,
l �=-;z.•�, !� (Printed Nome) are paid. L u cattily that -ornponying plot has Qaan dopy
`.—...--....--...—. _-,-� Residing at----------------------
----------
DATED this .. _day of_--- _------------2D.........
_-- -- urer of Gelk bin County
-
My commission expires__________ _ _
� riE
RI*LOCWHON OF CONINION BOUNI)ARIV NO-rli
CI'. I171CAI 11 OF CLERK ANO 10C:ORI)III(
JLEG E\i) The crag that is troing removed from one tract of record and joined with another tract of
PROPERTY LINE ..cord is not itself a trot(of record.Sold area snail riot be u-iloble as a reference legal I. ---_.._..----------- _____ _ -----Clerk and Recorder of Gollolin County,
L01 LINE description Tn any euhrequent col p.uperty transfer after file initial transfer assariated I.Igntmla, do hereby certify Owl the foregoing instrument gas filed;r'my office of
With the(certificate of survey/omended plot]on which said area is described,unless So!, __—_—aclock (AtA or PM)this day of____ ______ 23�
___ - r'
ADJOINING PROPERTY LINE area is included with or excluded frorn aajUioing tracts of record, and recorded as Amended Van Horn Subdivision Document No------- Records of s
------- EASEMENT LINE the Clerk orid Recorder. G 1lotin County. Montanc.
:1RI?:\'I':1RLF'. -x-- FENCE LINE C�_i_vu BO 120
AREA OF LOT 4A - 3.43 acres 0 FOUND I.MLIMENT AS NOTED - - ----
Clerk and Recorder
AREA OF I.DT 1 - .143 acres O SET%'RFRAR WITH 2'ALUMINUM CAP(3207SLS) SCALE: I R(CH= 43 FEET r
AREA OF TRACT fi-1 = U.48 ocrea tvc YELLOW PLASTIC CAP
AREA OIE KU,2. _.._.9.4,8— It.\R18OI''REARING COORT)I\:TES
{1A) MEASURED KARTIGS Sr OANI ARE GRID.DCRoED ERCM G?5 wtcf xmWxx.a.a tit 1FI_-r c
i. - (R) RECORDED OBSERYAM IS AND R�=REIICED TO THE MO!ITANA nascant'rty gltAe r •f y
TO7 i\I.:\I(1..\ - 7:11 S[LTc� STAT°pLzr._000ROFNATE SYSTEM,RAO s3. CIVIf Engine..%.. rxw.s 1 C)1'1 EOZEaA•;pri ec71P w xwe
DISTANCES SNDwN ARE GROUND,INTERHAMENAL FEET. xLE{e,Ela:{l•,a`P7Y GeOleehnieel Engineering RELIED eac,Eei as.la-1M
Lend Surveying
DAIC ftne ei Wb--AT-o-F