HomeMy WebLinkAbout17- Agreement to Exchange Land - Block 6, LLC - West Manor First Addition Subdivision (with Kirk Park) Return to: 2583810
City of Bozeman Page: 1 of 8 06/26/2017 01:35:07 PM Fee: $56.00
City Clerk Charlotte
Gallatin MISC
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Box 1230
9ozeman, MT 59771-1230 RECEIVED
AGREEMENT TO EXCHANGE LAND
THIS AGREEMENT is made and entered into this of ,2017,by and ?'IL 2017
between City of Bozeman,whose mailing address is P.O.Box 123 Bozeman, MT 5977]�I Ty ATTORNEY
hereinafter referred to as CITY, a Montana municipal and BLOCK 6, LLC, a Montana li e
liability company whose mailing address is 815 North 15th Avenue,Bozeman,Montana 59715
and (or assigns),hereinafter referred to as BLOCK 6, LLC.
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:
WEST[BARK MANOR 1ST ADD, S11,1 02 S, R05 E, ACRES 12.33 N1M4 K!R!I PARK
("PARK PROPERTY")
WHEREAS,BLOCK 6, LLC is the legal owner of the following described real property
situated in Gallatin County, State of Montana,more particularly described as follows,to wit:
All of Block 6 of West Park Manor,First Addition to the 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,EXCEPTING THEREFROM a 10 foot
wide strip of land lying westerly of and contiguous to the westerly right of way line of North
20th Avenue as platted in West Park Manor First Addition to Bozeman,Montana, and more
specifically described as follows: Beginning at the southeasterly corner of Block 7 of West Park
Manor First Addition to Bozeman,Montana;thence along the easterly line of said Block 7 being
along a curve to the right of 412 feet radius and a central angle of 70°30' a distance of 291.2 feet
to southeasterly corner of Block 6 of said West Park Manor First Addition,thence continuing
along said curve a distance of 215.71 feet to the point of tangency of said curve;thence North
50°0V41"East along the easterly line of Block 6 a distance of 115.82 feet to the northeasterly
corner of said Block 6;thence northwesterly along the northerly line of said Block 6 a distance
of 10 feet;thence southwesterly parallel to and 10 feet distant westerly from the easterly line of
said Block 6 a distance of 115.82 feet to the point of tangency of a curve to the left having a
central angle of 70°30' and a radius of 422 feet;thence continuing along said curve to the left a
distance of 220.95 feet to a point on the southerly line of said Block 6;thence continuing along
said curve being parallel to and 10 feet westerly of the present westerly right of way line a
distance of 298.30 feet to a point of intersection with the southerly line of Block 7 of said West
Park Manor First Addition;thence easterly along said southerly line of said Block 7 a distance of
10 feet to the true point of beginning.According to Deed recorded in Film 16,Page 1386.
("BLOCK 6, LLC PROPERTY")
Agreement to Exchanged Land—Ordinance 1969
WHEREAS, CITY and BLOCK 6, LLC 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 BLOCK 6,LLC shall file the Amended
Subdivision Plat in order to complete the Boundary Realignment as shown on Exhibit A.
CITY and BLOCK 6, LLC 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 BLOCK 6,LLC;for
said portion of the PARK PROPERTY(WEST PARK MANOR 1 ST ADD, S 11,T02 S,
R05 E,ACRES 12.33,NW4 KIRK PARK). In order to convey its interest in that portion
of the BLOCK 6, LLC PROPERTY as shown on Exhibit A,BLOCK 6,LLC shall
execute a Quit Claim Deed to CITY for said portion of BLOCK 6,LLC PROPERTY
2. 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.
3. BLOCK 6, LLC'S WARRANTY AND DISCLOSURE: BLOCK 6,LLC 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 BLOCK 6, LLC is not relying upon any oral representations made by the CITY
or CITY's agents. BLOCK 6, LLC specifically understands that the CITY's interest in
said PARK 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.
Likewise,the CITY specifically understands that BLOCK 6,LLC's interest in said
BLOCK 6, LLC PROPERTY shall be conveyed "AS IS"AND WITHOUT
WARRANTIES,EITHER EXPRESSED OR IMPLIED,INCLUDING THE
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
Agreement to Exchanged Land—Ordinance 1969
PARTICULAR PURPOSE,EXCEPT THE WARRANTIES OF TITLE AS SET
FORTH HEREIN
4. TAXES AND ASSESSMENTS: There shall be no proration of taxes between CITY and
BLOCK 6, LLC. BLOCK 6, LLC shall pay all taxes, fees and assessments accruing
against said BLOCK 6, LLC PROPERTY subsequent to the date of Closing.
5. ZONING . The CITY agrees to process the application for rezoning of the reconfigured
tract owned by BLOCK 6, LLC subsequent to the boundary realignment process so as to
be zoned entirely within the B-2 Zoning District in accordance with existing CITY policy
that zoning boundaries conform to parcel boundaries. The CITY agrees to pay all
application fees for any administrative procedure relative to the zoning designation.
6. REMOVAL OF IMPROVEMENTS: At its own cost and expense,the CITY agrees to
remove all equipment and improvements from that portion of the PARK PROPERTY
conveyed to BLOCK 6, LLC within 90 days of the completion of the boundary
realignment and to restore any disturbed areas with turf. This provision shall survive
closing.
7. 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.
8. POSSESSION: Possession of the fully realigned parcels will be delivered on the date of
Closing.
9. 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.
10.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.
11. CLOSING: Closing of the transaction set forth in this Agreement shall occur within 10
days of the Effective Date as defined in Section 2 of this Agreement and simultaneously
with the recordation of the plat set forth on Exhibit A. CITY and BLOCK 6, LLC may
Agreement to Exchanged Land—Ordinance 1969
mutually agree in writing to extend the Closing. Since no funds are being transferred, a
closing agent shall not be necessary. BLOCK 6, LLC agrees to pay all recording fees.
12. 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 BLOCK 6, LLC
shall act in good faith in all respects relative to the transactions contemplated hereby.
13. 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 BLOCK 6, LLC at the
addresses specified herein below.
CITY: BLOCK 6, LLC:
Bozeman City Manager Eric Kummerfeldt,Member
City of Bozeman BLOCK 6, LLC
121 N. Rouse Avenue 815 North 15th Avenue
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.
14. 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, BLOCK 6, LLC and CITY hereto and their respective legal representatives,
successors and assigns.
15.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.
16. 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 BLOCK 6, LLC and CITY.
17. 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.
18. 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,
Agreement to Exchanged Land—Ordinance 1969
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 parry'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.
19. 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 BLOCK 6, LLC and supersedes any and all prior
negotiations, correspondence, understandings and agreements between the parties
respecting the subject matter hereof.
20. AMENDMENT: This Agreement may be amended only by a writing signed by each of
the parties hereto.
* * END OF AGREEMENT EXCEPT FOR SIGNATURES
Agreement to Exchanged Land—Ordinance 1969
OF BO
:�
Cl Y OF BOZEMAN ['
By: Interim City Manager L1 C •• 8 ��� .
r Co.
BLOCK 6, LLC
Title: er
APPROVED AS TO FORM
STEPHANIE K SAUNDERS
'�PN�E K SgU1O� Notary Public
kZ�•' oInRiq' -for the State of Montana By: Greg Sullivan, Bozeman City Attorney
Residing at:
Bozeman, Montana
9 P�` My Commission Expires:
='�oFMo July 20,2018
State of Montana
County of PO
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This instrument was signed or acknowledged before
me onJJ-Kt MJW, by 4�n
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(Not ry Signature)
[Affix seat/stamp to the left or below]
Agreement to Exchanged Land—Ordinance 1969
EXHIBIT A
(DRAFT AMENDED PLAT)
Agreement to Exchanged Land—Ordinance 1969
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