Loading...
HomeMy WebLinkAboutWarranty Deed 81- Phillips, William & Betty Ann Deed . -^ .. GALLA OUNTY BAR ASSOCIATION FORM NO. 3 , . , i , . . ... ~ WARRANTY DEED ,.. For Value Received WILLI1\M 1\. PHILLIPS and I3ET'I'Y1\NN H. PHILLIPS, the grantors , do hereby grant, bargain, sell, convey and confirm unto tf.l THE CITY OF BOZEMAN, MONTANA, ~ ~ the grantee , the following described premises, in nG:?J-.119,_tj,JLm___n___n..County, Montana, ~ to wit: \':11 ~ Z \':11 > Lots 21 and 22 Block "E" of Beall's Second 1\ddition ril 1n ~ to Bozeman, 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. SUBJECT TO that easement recorded on August 10, 1979, at 4:05 P.M. in Film 51 of Miscellaneous, page 1860. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee , its heirs and assigns forever, And the said Grantors do hereby covenant to and with the said Grantee , that the y anthe owner s in fee simple of said premises; that they are free from all incumbrances and that they will warrant and defend the same from all lawful claims whatsoever. Dated: Ocj - \0 , 1981. I c~;2:2 - C ' {]JJ4~- ~ft:i~_"4~V 1/ O~O~ WILLIAM A. PHILLIPS B TTY , N H. PHILLIPS I ..., ,-- ~- -- .~. ... . STATE OF MONTANA. COUNTY OF GALLATIN STATE OF MONTANA, COUNTY OF On this 110 tb. day of Dc + . , 1981, I hereby certify that this instrument was fi)ed for record at before me, a notary public in and for said State, personally the request of appeared William A. Phillips and Bettyann H. Phillips at minutes past o'clock m., this day of , 19 , in my office, and duly recorded in Book known to me to be the person S whose name S are of Deeds at page subscribed to the within instrument, and acknowledged to m~Y ""ouled the ~me. ""n.'__"'__...._.' ... ___._____..... .... -. ,,--.--.....------.-... County Clerk and Recorder -- . .. ..9 fu~~iM~;:;t,;;;;; BY.nm ___ ________________. ."".__ ..".___..._________u_.......__.............___.__._.._ .n_____......_____..._.._.. Deputy, Residing at ~ A' ,Mon~la Fees $ My commission expires_..._ . . CLUe.. ._jla.._, 19__ __~ Mail to: -- , e .- .;. e Pn~pertY-f.\sgessment Division STATE",OF MONTANA . , . Mitchell -Building DEPARTMENT OF REVENUE <;TA.Tr f\I(ILI'jIlINf'i co, 11I:lLNA, MOHT Helena, Montana 5960 I REAL TY TRANSFER CERTIFICATE INSTRUCTIONS: The Realty Transfer Act, Chapter 528, Laws of 1975, requires that intormation reg<lrding the transfer of real property must be provided to ttl Department of Revenue before an instrument concerning the transfer may be recorded or the name of the owner changed on the tax assessment roll, Informa lion in Part 1 regarding all transfers must be completed, unless one of the exemptions in section 2 apply to the transfer, then section 4 must also be completed The County Clerk and Recorder prepares Section 3 and transmits the certificate to Ihe Department of Revenue, All information pertaining to silles consideratio is STRICTL Y CONFIDENTIAL. Section 15-7-310 MeA "A person convicted of violaling any provision of this act shall be tined not 10 exceed five hundred dollar ($500) or be imprisoned in the county jail for any term not to exceed six (6) months or both." PART 1 TO BE COMPLETED FOR ALL TRANSFERS - ---------.- .. .._.__n___.___"..... . --. ,.-...----...---.... To be completed by purchaser and seller or fheir representatives; Sa les Date_ --....--.---..- Name of Seller(s)P}q:LLIP$LWI:J:.J:._I1M1~- .~..... BETTYA~dM!l's____~.17___$.__ 8thL__~g_:2:_~fDal1,LJ1T___55l7+2____ Name of Purchaser(s)___Ci_ty oL__Bozeman Address -- AIlE __Main_, -Bozeman,_MT._-59715__ Description of Property: MunicipalityJ~O~_~m9.n , , Addition . B~_qJ.L;::; 2np BlocL__E___ -.-- , Los....__2J,,~~ Other description__ ,____________" "__._._.________ ____________.. ----- un- u.___.___....._...___ m____..____ .._u____.. ..-.---------".---- ,... ,-..-------- -...--., ..--..-------. _..n_._________ ... __ ..____...__._n__.'..__ ...----- .--.-------.-------- ....u____...._. . .--.--------.--.--.--.... ..-.-----..---... .._u____. -.-., ..-......-.---..---.. Properly use is 1T1ainly (Check One): o Vacant residential lot o Other vacant lot U Residential o Commercial n Industrial lJ Agricultural LI Timber [-I Tax Exempt by lcJw PART 2 EXEMPTIONS This sale exempt from the provisions of the Realty Transfer Act because: 0 Property is agricultural land which will remain in that use. D Purchaser is U_S., State or other governmental agency. [J Transfer is to correct, modify 01 supplement a previously recorded instrument. NO ADDITIONAL CONSIDERATION IS MADE. 0 Transfer is pursuant to a court decree, 0 Transfer is pursuant to a merger, consolidation or reorganization of a business entity, 0 Transfer is from a subsidiary to a parent corporation without actual consideration, 0 Transfer is pursuant to a decedent's estate. 0 Transfer is a gift. [] Transfer is between husband and wife or parent and child with nominal ilclual consideration. r--l Purchaser and seller are identical parties. 0 Transfer is pursuant to delinquent taxes, sheriff sale, bankruptcy or foreclosure. 11 Transfer is made in contemplation of dealh wilhoul actual considercltion. Instrument does not trilnsfer realty: [J Mineral interest, lease or royalty o Assignment of interest as collateral PART 3 COUNTY CLERK & RECORDER Instrument recorded in BooL__n __n_ Page ____ Date_ n__."'. Type of Instrument; Deeds: o Warranty o Grant o Quit claim o Contract for Deed Other: o Declaration of Interest [J Decree o Assignment of Mineral Rights or Royalty PART 4 SALES INFORMA lION "..'-----."- Actual ConsidercJtion $ ;L4:3, 50 OIoJlue of any personal property included in scJles price $ Financing: _XuCASH u___FHA _moo_VA ______CONV. CONTRACT Down Payment $ 1,900.00 Interest Rilte -..-.- ) H,v, SID', be," p,id ~o '~' L $ .~. Tem, ....... Prepared by: Name:___ J..:\' - ...--.--- --,-~ -- __ ._______________._._____,._____. (Signed) Address: 211__Nqrth GraHct__A...Y.enlJe_._ BQ.z~man, MT___ 5_9.7lS___ . .' . ~j . '7' . , . , /" . , , <f' v. - 'f.. /. A' //11 7?~- AGREEMENT L/,/ /J'; jI, ,~- /i;/~[7 ;:-IJ..j:: /,y' -~ AND (. . J... /1" /,<~c/(-/~ (e',/,. "i7"";/r ~,...,~ LEASE ' { .' ,.".,,,. / C"iT"j V' 1:;-,,-1' ". 1./ ".,'.. ,,,..-...'.".. "'-''''.. THIS AGREEMENT IS MADE THIS -ill.. DAY OF DECEMBER, 1981, by and between the CITY OF BOZEMAN, a municipal corporation, hereafter called "City," and REACH, INCORPORATED, a non.. profit corporation, hereinafter called "Reach": WIT N E SSE T H: 1. That the City has obtained a Block Grant from HUD for funds to purchase real property for organizations deemed by the City to provide social services for the Bozeman area. The City has designated Reach as one of those organizations and agrees to work with Reach in providing Reach real property for housing facilities for developmentally disabled adults. 2. The City purchased in its own name real property located in Lots 21 and 22 of Block 3 of Beall's Second Addition to Bozeman, Montana. 3. The City and Reach agree that the property shall be held by the City for a period of three (3) years from the date of this Agreement. During the, three (3) year period of time, Reach has a right to lease the property from the City without any charge so that it can use the property for a housing facility for developmentally disabled adults, with one unit designated for occupancy by required staff. Reach agrees that it shall use the property only for that use. Any ,. / other use of the property by Reach shall be considered a breach of this Agreement. Reach agrees that during the lease period all improvements or alterations to the property described in 2. above shall have prior approval from the City. As Reach has leased the property from the City. it shall be solely responsible for the upkeep, maintenance and repairs of the property. Reach agrees that it shall keep the property insured during the lease period for the full replacement value of the real property. . . , . ~ . .' .\> ' . . , . .'.~- . ., /' , .. ' Reach shall be solelyX'esponsible trom the date it occupies the property for all utilities and city and county taxes that come due on the property during the lease period. 4. The City and Reach agree that the City shall have the right upon three (3) days notice to inspect the property to determine if Reach is properly maintaining the property and is using it for the purposes that is intended to be used. The City shall also have the right to review and audit the financial records of Reach on an annual basis to determine whether Reach is financially secure. 5. The City and Reach agree that at the end of the three (3) year period, the City shall determine if Reach is financially secure to maintain the operation of the housing facility for developmentally disabled adults. The City shall also determine if the property has been used solely for the original purpose of the lease. The City shall also have the right to determine whether the housing facility is being properly operated consistent with Reach's propos4l, Exhibit "A" to this Agreement. If the City determines that the real property's use has been solely for a housing facility for developmentally disabled adults and that Reach is financially secure to continue the operation of the facility, then the city shall deed the property over to Reach on the following conditions. A. That Reach shall use the property solely for the purpose of providing a housing facility for developmentally disabled adults as outlined in their Grant proposal to the City Commission. B. That Reach shall maintain full replacement cost insurance on the property for as long as it occupies the property; C. That Reach shall not take any action to take the property off the tax rolls of Gallatin County so long as they occupy the real property; p. That Reach shall not transfer, mortgage, sell .. / or otherwise encumber the property without the consent of the City. PAGE 2. . .' .. I t ii . . ,. I ., .. . I I ~ ... I ) . ~.. . .,' E. Reach agrees that if the property is not used for the purpose of this Agreement, then the real property shall revert back to the City. 6. Reach agrees that during the lease period it shall maintain a liability insurance policy in the amount of THREE HUNDRED THOUSAND AND NO/100 DOLLARS ($3QO,OOO.00) per occasion of bodily injury, ONE HUNDRED THOUSAND AND NO/lOa DOLLARS ($100,000.00) per person, ONE HUNDRED THOUSAND AND NO/lOO DOLLARS ($100,000.00) property damage with the City of Bozeman as additional named insured, to cover the operation of the housing facility to indemnify the City from any claims. that are made against the City as a result of this lease. 7. Reach agrees that it shall comply with all City, County, and State ordinances, laws and regulations in the operation of this shelter facility. 8, Reach also agrees that it shall cooperate with the City on any City audits, review, or inspections done by the City, County, State, or Federal agency. 9. The City and Reach agree that the structures were occupied by Reach on November 24, 1981 and that from that day forth, this Agreement takes force. Further, HUD Section 8 Rent Subsidies received by the clients of Reach, sent directly to Reach as agreed by the City of Bozeman, shall be used for the maintenance and operation of the project and a:te the sole responsibility of the sponsoring agency. Reach. Incorporated. Reach agrees that the City shall with one week's notice, which shall contain the specified areas of review, have the right to inspect Reach's books as they pertain to this specific project of providing a semi-independent living experience as outlined in the proposal in Exhibit "A" to insure that the rent subsidies are being spent properly, as is necessary to comply with audit requests from any govern- mental body. In addition, Reach will provide and submit to the City a detailed budget for each year, detailing funding sources, line items, and expenses. DATED THIS 7th DAY OF DECEMBER, 1981 REACH: CITY: REACH, INCORPORATED CITY OF BOZEMAN / BdtrP~~ By(1n )J?