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HomeMy WebLinkAbout96- Warranty Deed 96- Daines, Clair & Sharon Deed , i . . WARRANTY DEED filM 169 PAClJ450 For Value Received, CLAIR W. DAINES and SHARON DAINES, the Grantors, do hereby grant, bargain, sell, convey and confirm and transfer unto THE CITY OF BOZEMAN, a Municipal Corporation of Montana, whose mailing address is 411 East Main Street, Bozeman, Montana 59715, the Grantee, the following described premises, in Gallatin County, Montana: Tracts 1 and 2 of the First Amended Subdivision Plat, such Amended Subdivision Plat being a retracement of Lots 1, 2, 3 and 4 of Block 1 of Springdell Addition; Lot 2 (2 acre) of Guy's Second Addition, an existing unplatted tract and a portion of the abandoned Chicago, Milwaukee, St. Paul and Pacific Railroad Right of Way, located in the SW~ of Section 7 and the NW~ of Section 18, Township 2 South, Range 6 East, P.M.M., Ci ty of Bozeman, Gallatin County, Montana. Plat J- 155. TO HAVE AND TO HOLD the described premises, with its appurtenances unto the Grantee, and the Grantors do hereby covenant to and with the Grantee that they are the owner of the premises in fee simple; that the premises are free from all encumbrances except zoning ordinances, building and use restrictions, reservations in federal patents and previous conveyances, beneficial utility easements apparent or of record, easements of record, covenants of record, terms and conditions of subdivision plat approval and the lien of the taxes for 1997 and subsequent years; that this conveyance is subject to those covenants contained in Section 30-11- 110, MCA, and that they will warrant and defend the same from all lawful claims whatsoever. December, 1996. , - - \\Ut~;, , , ~,,,~ o. '.."" ~.~ r~"'.";:" ~'~". m"'" JI"'i\ STATE OF MONTANA ):.~4~f7!~~.':'~~~ ~:.n t. '.", ."/'" . . · : ss ", 'jf~ .,t,,: County of Gallatin ):~::t:'II~' This instrument was acknowledged before me ~-i"~ of December, 1996 by CLAIR W. DAINES and SHARON DAINES. '''~1t~'~,''\' jIj Notary tate of Montana Residi at , Montana My Commission expires 1/-/-97 INDEXED 3~~7184 pVeTTED ~ state of Mont., ClUntv of Gallatin. IS Filed for re~ord DECE~1B_E~.. 31.L _. , 19....22- at 3:00 P. M., and recorded in Book 169 of DEEDS page 3450 SfIII11LM,. eh.I, Recorder. By (nf\^~fJ BnIlOO.~~ Deputy FEE: $6.00 RT: CITY OF BOZEMAN 411 E MAIN 8T BOZEMAN. MT 59715 - 9,- .. . . . Prooosal from Clair Daines for donation of Darcel for carkland - adiacent to Gallaaator Trail at Alderson Condominiums Included in the Commissioners' packets was a memo from City Attorney Luwe, dated December 18, 1996, along with a copy of the letter from Nicklin Earth and Water, Inc., dated December 17, 1996. City Attorney Luwe reviewed his memo, reminding the Commission that in 1995, Mr. Daines proposed the donation of property along the linear trail in exchange for impact fee credits. At that time, since the City was just starting its exploration into impact fees and because of concerns about environmental issues, the offer was declined and a recommendation forwarded to Mr. Daines that he consider a conservation easement. He stated that at this time, Mr. Daines is once again proposing to donate the subject property to the City. In conjunction with that offer, he has forwarded copies of the appraisal and the report regarding contamination, as prepared by Envirocon for Mr. Daines. He noted that staff looked at that report and, because of the recent experiences at the Bozeman Solvent Site, staff asked Nicklin 12-23-96 . " .- 10 -, Earth and Water to review that report. He noted that Mr. Nicklin has evaluated the Envirocon report and forwarded his evaluation, which is attached to the memo. The City Attorney reviewed the four options which he has identified in his memo, which include: (1) accepting the donation and assuming the potential risk associated with the property; (2) requesting that Mr. Daines keep his offer open until next year and conduct a more comprehensive investigation of the property; (3) request that Mr. Daines grant a conservation easement in lieu of this proposed donation; and (4) decline the donation. He strongly encouraged the Commission to not follow Option No.1, but to consider one of the other three. Mr. Clair Daines showed the Commissioners copies of the appraisal and the assessment completed by Envirocon in 1991. He then distributed copies of a map showing the subject parcel and a schematic for possible development of the site which shows that 76 dwelling units could be constructed. He characterized Envirocon as one of the most capable environmental consultants and clean-up firms in the State. He characterized their report as adequate, stating that to conduct a more comprehensive assessment to ensure there is no contamination on the site would cost another $100,000. He recognized the City's hesitance to accept a parcel where contamination may exist, particularly in light of the Bozeman Solvent Site; however, he feels exposure from this site would be very limited. Mr. Daines stated that the property currently remains in its natural state, and is widely used by the public. He noted that some of those uses are a detraction to the neighborhood and by dedicating it as public parkland, it could essentially remain in its natural state, but cleaned up and the undesired activities curtailed. He stated that removal of the deteriorated ice house and the chain link fence would also enhance the area. Mr. Daines noted that one alternative to using this property as parkland would be to construct a housing project on it, such as a senior housing development. He characterized this as a viable alternative, although possibly not the most desired alternative. Responding to Commissioner Stiff, Mr. Daines stated that he has worked with Chris Boyd, Gallatin Valley land Trust, on the possibility of a conservation easement on the subject parcel; however, the tax write-off would be marginal at best. He stated that the write-off he would realize from donating the subject two acres would help to offset the tax burden he is encountering for this calendar year. 12-23-96 . . . . ...1 . ~ 11' - . Responding to Commissioner Youngman, Mr. Daines stated he would not rule out keeping this offer open into next year, although his preference would to be take advantage of the tax break this year, He then stressed that the Envirocon report does not show that the City would be accepting any significant liability, noting that time cleanses the types of chemicals which have been identified on this site. Mr. Don Weaver, 2404 Spring Creek Drive, noted that he is a member of the Recreation and Parks Advisory Board. He characterized this portion of the old Milwaukee Railroad right-of- way as an important asset to the Gallagator Trail, which is a part of the "Main Street to the Mountains" trail concept. He forwarded his strong interest in the City's acceptance of this donation, noting that he encouraged Mr. Daines to offer this parcel once again. Mr. Weaver reviewed the history of this subject 2 + -acre parcel, noting it was part of the railroad right-of-way from Bozeman to Salesville (now Gallatin Gateway). He stated that, while the railroad was electric, steam engines also ran on the railroad line. He recognized that during that time, oil was dumped on the subject property; however, he suggested that time has pretty well mitigated any problems arising from that contamination. He acknowledged that the Bozeman Solvent Site has graphically demonstrated the costs involved in a clean-up project; however, he suggested that such problems should not be encountered on this parcel. He concluded by encouraging the City to accept this offer. Mr. Ken Bryson, 716 South Black Avenue, stated he is a neighbor to the subject parcel, and is a former Chair of the Recreation and Parks Advisory Board. He encouraged the Commission to acquire this triangular parcel as parkland, suggesting that it remain in a primitive state and used as an area for hikers, observing birds, and a place for the "occasional pair of lovers" . Mr. Bryson stated he has lived at this address since 1957, and has viewed this triangular piece of property as a valuable asset to the community, as a supplement to the Gallagator Trail. He concluded by encouraging the Commission to accept this donation. Responding to Commissioner Rudberg, Mayor Stueck stated that acceptance of this parcel as parkland does not necessarily mean that it must be improved. He stated that he would like to see the site cleaned up and more trees planted if it is acquired for parkland, but he feels it is important to keep it in a natural state. 12-23-96 . . , . . . , ,- 12 -, . ,- '. Commissioner Rudberg voiced her frustration over the need to consider all potential liabilities, rather than simply being able to accept a sincere offer. Commissioner Stiff noted it has been five decades since the subject property was used as a roundhouse for trains. He further noted that the City has passed up other opportunities for acquisition of this parcel, and he feels it is important for the City to accept this offer rather than being faced with the potential of buying it at some time in the future. He suggested that use of the site should be limited. Responding to Mayor Stueck, Neighborhood Coordinator/GrantspersonJames Goehrung stated he has reviewed both reports; however, he does not have the technical background to provide a response to the findings of those reports, He noted, instead, his role in this process was to assist a citizen in forwarding a proposal through the appropriate City channels. City Attorney Luwe stated the environmental assessment indicates there are petroleum- based products on the site. He cautioned that the use of some of the facilities on the site is uncertain, and Mr. Nicklin's report forwarded concerns that the testing was incomplete because it did not include all types of contaminants, Mayor Stueck recognized the City Attorney's concerns, noting that the City's recent experience with the Bozeman Solvent Site has made everyone wary. He stated, however, in this instance, he feels it would be appropriate to accept the donation, provided the land is to remain in open space and the soil not disturbed. Commissioner Youngman noted that, because of water movement, environmental contamination is probably more appropriately considered for surrounding parcels than for this specific parcel. She acknowledged that contamination formerly existed on the site; however, she noted there is no documentation indicating that those contaminants included extremely hazardous chemicals. She stated that, given the data, staff has given the Commission the right advice, but she feels the legal exposure is limited enough to warrant accepting the offer. She recognized that this parcel would be an asset to the community. Mayor Stueck stated that, because of potential liabilities, he has concerns about acquisition of this parcel. He recognized, however, that by accepting this donation, the City can help to clean up the area and eliminate some of the undesirable elements that exist. He further noted that, since it is contiguous to the Gallagator Trail, it could be an asset to those 12~23-96 ------..--- . . . . . . , .-13-, . ., . . who use the trail system. He suggested that, because of the benefits that would be realized, it would be appropriate for the City to accept this donation. It was moved by Commissioner Stiff, seconded by Commissioner Youngman, that the Commission accept Mr. Clair Daines' offer for donation of the subject parcel, adjacent to the Gallagator Trail at Alderson Condominiums, as parkland. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. 12-23-96 . . .. \ . .. "' Form 8283 (Rev. , 0-95) Page 2 Name(s) shown on your Income tax return Ildenlifying number CLAIR W AND SHARON R DAINES 516-40-2237 Section 8 - Appraisal Summary - List in this section only items (or groups of similar items) for which you claimed a deduction of more than $5,000 per item or group. Exception. Report contributions of certain publicly traded securities only in Section A. If you donated art, you may have to attach the complete appraisal. See the Note in Part I below. IP8it:l:.A Information on Donated Property - To be completed by the taxpayer and/or appraiser. 4 Check type of property: o Art. (contribution of $20,000 or more) IZI Real Estate o Gems/Jewelry o Stamp Collections o Art. (contribution of less than $20,000) o Coin Collections o Books o Other .Arllncludes paintings, sculptures, watercolors, prints, drawings, ceramics, antique furniture, decorative arts, textiles. carpets, silver. rare manuscripts. historical memorabilia, and other similar objects. NOle: If your total art contribution deduction was $20,000 or more, you must attach a complete copy of the signed appraisal. See instructions. 5 (a) Description of donated property (If you need (b) If tangible property was donated, give a brief summary of (c) Appraised fair market more space, attach a separate statement) the overall physical condition at the time of the gift value A 2.897 ACRES LAND 83,000 B C 0 (d) Date acquired (e) How acquired (f) Donor's cost or (ll) For bargain sales, See instructions Dy donor (mo., yr.) Dy donor adjusted Dasls enter amount received (h) Amount claimed as a (i) Average trading price of . deduction securities A 1/93 PURCHASE 21,297 B C 0 ~P.ttiU:q Taxpayer (Donor) Statement - list each item included in Part I above that is separately identified in the appraisal as having a value of $500 or less. See instructions. I declare that the following item(s) included in Part I above has to the best of my knowledge and belief an appraised value of not more than $500 (per item). Enter identifying letter from Part I and describe the specific item. See instructions. ... Signature of taxpayer (dOnor) ... Date ... 1'.p8it4Uj Declaration of Appraiser I declare that I am not the donor, the donee, a party to the transaction in which the donor acquired the property, employed by, or related to any of the fore- going persons, or married to any person who is related to any of the foregoing persons. And, if regularly used by the donor, donee, or party to the transaction, I performed the majority of my appraisals during my tax year for other persons. Also, I declare that I hold myself out to the public as an appraiser or perform appraisals on a regular basis; and that because of my qualifications as described in the appraisal, I am qualified to make appraisals of the type of property being valued. I certify that the appraisal fees were not based on a percentage of the appraised property value. Furthermore, I understand that a false or fraudulent overstatement of the property value as described in the qualified appraisal or this appraisal summary may subject me to the penalty under section 6701 (a) (aiding and abetting the understatement of tax liability). I affirm that I have not been barred from presenting evidence or testimony by the Director of Practice. Sign I Here Signature ... Titte ... Date Of appraisal ... Business address (Including room or suite no.) Identifying numb.... 214 SOUTH WILLSON AVE ._,~ City or town, state, and ZIP code BOZEMAN I MT 59715 FPaj:t.:lM'.1 Donee ACknowledgment - To be completed by the charitable organization. This charitable organization acknowledges that it is a qualified organization under section 170(c) and that it received the donated property as described in Section B, Part I, above on ... 12/23/96 (Date) Furthermore, this organization affirms that in the event it sells, exchanges, or otherwise disposes of th'" nroperty described in Section B, Parll (or any portion thereof) within 2 years after the date of receipt, it will file Form 8282, Donee Information Return, with the IRS and give the donor a copy of that form. This acknowledgment does not represent agreement with the claimed fair market value. Name of charitable organization (donee) Employ...- identification numb.... CITY OF BOZEMAN ,f'/ - &00/.2 3Y Address (numDer, street. and room or suite no.) City or lown. slate. and ZIP code 411 EAST MAIN STREET BOZEMAN, MT 59771-0640 Authorized signature ..--7 Title Date .,. / (); II _/e-<- ~-_.//:;:r:J?-7 IJIr'J -r/ /.Hi /)J/};.J,46t.t'"7. '1-1/- 7'7 / I I -- / ; ,