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HomeMy WebLinkAboutWarranty Deed 77- Life of Montana, Bozeman Deaconess Deed . ' > , ~ , . . . . , ., > . " . JOSEPH W. SABOL-AttoRNEY AND COUNSELOR AT LAW (406) 1587-41586-228 EAST MENDENHALL, BOZEMAN, MONTANA 1597115 2 May 1977 Mr. Sam Gesco City Manager City of Bozeman Bozeman, Montana 59715 Re: Life of Montana - City of Bozeman Land Exchange Dear Mr. Gesco: Enclosed for your information, review and consideration are the following documents pertinent to the above- referenced land exchange, to-wit: Copy, Warranty Deed, Bozeman Deaconness Foundation to Life of Montana Insurance Company. Copy, Warranty Deed, Life of Montana Insurance Company to City of Bozeman. Original, Warranty Deed, City of Bozeman to Life of Montana Insurance Company. Plat of real property, l2.50 acres, more or less, being conveyed to City of Bozeman by Life of Montana Insurance Company. Plat of real property, 12.50 acres, more or less, being conveyed by City of Bozeman to Life of Montana Insurance Company. I would appreciate your review, and the review of the City Attorney, of the enclosed documents to the end that this matter may be placed on the agenda of the City Commission for the meeting to be held May 4, 1977. Specifically, even though the City Commission has heretofore approved this land exchange, I believe a final review of the docu- mentation is in order and concurrence in that fact to the Commission by Mr. Berg. Further, I would specifically request that a motion be made authorizing the Mayor and the City Clerk to execute the Warranty Deed conveying the . " . . '., . . i . . . . " . . . . . - Mr. Sam Gesco 2 May 1977 Page 2 real property from the City of Bozeman to Life of Montana Insurance Company. If this can be accomplished, I would respectfully suggest that a closing date be set up on the 5th or 6th of May, at which time the executed deeds can be tendered. Thank you for your consideration of my request. Additionally, I have this date furnished copies of the attached deeds and plats to American Land Title Company of Bozeman, Montana, and requested that they prepare preliminary title reports on each of the parcels of pro- perty being conveyed, to the end that owner's title insurance policies may be issued subsequent to the record~ ing of the deeds. With best personal regards, I remain, yours, JWS/ph Enclosures cc: Mr. Ben Berg, Esquire Mr. Joe Gary, Esquirp. Mr. James Morrow, Esquire Life of Montana Insurance Company ",.~ l , " "i. f, - . . , ,. ..... - . tJ~ilii~r:) DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT REGIONAL OFFiCe ~~)IIIII ~~~o EXECUTIVE TOWER - 1405 CURTIS STREET 1'~A30 ",'" DENVER, COLORADO 80202 REGION VIII I,....l R F, ~ l, Y REF L f~ l' 0; 8DF Mr. Harold A. Fryslie City Manager P.O. Box 640 Bozeman, Montana 59715 Dear Mr. Fryslie: ~ Our Central Office forwarded to us your September 23, 1976, letter and the materials pertaining to your Open Space land Grant. You request approval from this office of a land exchange between . the city and a company, Life of Montana, Inc. The requi rements for the conversion of Open Space land to any other use or purpose are contained in Sections 704, 705~ and 706 of Title VII of the Housing Act of 1961. as amended by Title IV of the Housing and Urban Developmen~ Act of 1970. Section 704 pertains to the action you wish to take and we quote it here: . IlSection 704. No open space land for the acquisition of which a grant has been made under Section 702 shall be converted to uses not originally approved by the Secretary without his prior approval. Prior approval will be granted only upon satisfactory compliance with regulations estab- liShed by the Secretary. Such regulati ons shall require findings that (1) there is adequate assurance of the sub- stitution of other open-space land of as nearly feasible equivalent usefulness, location, and fair market value at the time of the conversion; (2) the conversion and substi- tution are needed for orderly growth and development; and . ,< " (3) the proposed uses of the converted and substituted /: ,. " land are in accord with the then applicable comprehensive ,~;, plan for the urban area. meeting criteria established by the Secretary. II Under this exchange. Tract I would be received by the city and zoned j", PL (public lands) while Tract II, currently part of the Open Space ~I' parcel, would be received by life of Montana and rezoned to permit IJ, '~ professional and business office development. The parcels involved ., .~:'~ Insurinf.'. Oft1Ct~~ Casper; Wyoming. Detiver, Co]oradn. Var o. r lrth t. ',,1 . ., ~, " , . ,~" ,~, '~ " t' , , . , . . : , . . ~ , . . " r " . -, . j , 2 are of equal size, and the appraisals you submit indicate a substantially equal fair market value. It is our detenmfnat10n that the exchange you propose meets the programmatic requirements. We hereby approve the exchange between the City of Bozeman and Life of Montana, Inc., as described in your September 23, 1976, transmittal to us. Please submit to this office copies of the transaction upon its execution. Sincerely, 1 Robert J. Matuschek Assistant Regional Administrator Community Planning and Development i . " , . .' < JOSEPH W. SABOL-ATTORNEY AND COUNSELOR AT LAW (406) 587.4536-225 EAST MENDENHALL. BOZEMAN, MONTANA 5971!! 2 May 1977 Mr. Sam Gesco City Manager City of Bozeman Bozeman, Montana 59715 Re: Life of Montana - City of Bozeman Land Exchange Dear Mr. Gesco: Enclosed for your information, review and consideration are the following documents pertinent to the above- referenced land exchange, to-wit: Copy, Warranty Deed, Bozeman Deaconness Foundation to Life of Montana Insurance Company. Copy, Warranty geed, Life of Montana Insurance Company to City of Bozeman. Original, Warranty Deed, City of bozeman to Life of Montana Insurance Company. Plat of real property, 12.50 acres, more or less, being conveyed to City of Bozeman by Life of Montana Insurance Company. Plat of real property, 12.50 acres, more or less, being conveyed by (;1ty of Bozeman to Life of Montana Insurance Company. I would appreciate your review, and the review of the City Attorney, of the enclosed documents to the end that this matter may be placed on the agenda of the City Commission for the meeting to be held May 4, 1977. Specifically, even though the City Commission has heretofore approved this land exchange, I believe a final review of the docu- mentation is in order and concurrence in that fact to the Corr~i8sion by Mr. Berg. Further, I would specifically request that a motion be made authorizing the Mayor and the City Clerk to execute the Warranty Deed conveying the '" . " . ... . JOSEPH W. SABOL-ATTORNEY AND COUNSELOR AT LAW Mr. Sam Gesco (406) 587.4536-225 EAST MENDENHALL. BOZEMAN. MONTANA !.'S97HI 2 Ms.y 1977 Page 2 real property from the City of Bozeman to Life of ~ontana Insurance Company. If this can be accomplished, I would respectfully suggest that a closing date be set up on the 5th or 6th of May, at which time the executed deeds can be tendered. Thank you for your consideration of my request. Additionally, I have this date furnished copies of the attached deeds and plfits to American Land Title Company of Bozeman, !.iontana, and requested that they prepare preliminary title reports on each of the parcels of pro- perty being conveyed, to the end that owner's title insurance pOlicles may be issued subsequent to the record- ing of the deeds. With best personal regards, I remain, Very truly yours, Joseph W. Sabol JWS/ph Enclosures cc: ,/ Mr . Ben Berg, Esquire Mr. Joe Gary, EsquirF) Mr. James Morrow, Esquire Life of Montana Insurance Company . ~.., , .,~ , ~ . 1\ " - . ~ . . . ' , . . ., . ~ . MEMORANDUM Under date of May 3, 1977, we received copy of letter to Sam Gesko from Joseph W. Sabol, as. attorney for Life of Montana Insurance Co., copy of which is attached to this memorandum, one copy of the memo- randum with the attached letter is going to Don Lee of Bozeman Deaconess Foundation and one copy only of the memorandum going to Mr. Gesko, City Manager, City of Bozeman. As noted, this concerns an exchange of lands whereby Bozeman Deaconess Foundation is selling to Life of Montana. Insur- ance Company l2~ acres, which the surveyor described partly as being a portion of Prospect Hills Addition, and then proceeded to give a metes and bounds description. LifEi of Montana Insurance Company is then deeding to the City of Bozeman those same lands in exchange for lands owned by the City of Bozeman located along Haggerty Lane, being a site that the insurance company is going to construct a building on. The involved area included some of the lands that Bozeman Deaconess Foundation Obtained from the Burkes. Other lands obtained from the Burkes were located in what is 'known as Valley View Addition and Cen- tral Addition. Title insurance on the property acquired from the Burkes was obtained through First Montana Title Insurance Company. That title insurance reflected good title, excepting for the last half of the 1976 tpxes in the amount of $5.89,1977 taxes to be computed, and special improve- ment district for sanitary sewer, which were improvement district and taxes assessed to the Bozeman Deaconess Foundation. Discussion with the surveyor reflected that the 12~ acres included the streets and the alleys in Prospect Hills Addition, and was not supposed to be an area that would be added to by the amount of the streets and the alleys. I had phone conference with Don Lee concerning this matter. On tJ!ay 4 I had phone conference with Mr. Gesko, the City Manager. I had had pre- vious conference with him concerning the joining together with the City in the vacating of streets and alleys in Prospect Hills Addition, and also other additions in which Bozeman Deaconess Foundation was interested. The additions to the City of Bozeman in which Bozeman Deac.;oness Founda- tion is interested in having all the streets and alleys vacated are Prospect H~s Addition, Valley View Addition, Central Addition, and Highland East Addition. Review of the mapping of the area is indicated to see if there is anything further that would require a vacating. In this connection, it is to be noted that there was a vacation of the area where Hillcrest Apartments are now located, being an area 21 acres in size, and concerning which there was a vacation of the old streets and alleys within that area which became necessary when Bozeman Deaconess Foundation undertook the project of having built the retirement hOI1e, and inVOlving the borrowing of considerable monies. At the time, Boze- man Deaconess Foundatlon did have constructed Highland Avenue, whh:h is now the main thoroughfare to connect with other built-up areas. Burkes still own other property along the hillside to the west. Bozeman Deaconess Foundation has entered an agreement with the Burkes so that roadway easements northerly of their lands and southerly would be granted when development may be undertaken by the Burkes so as to pro- vide connecting roadways between the existing roadway and the areas still owned by the Burkes and Highland Boulevard. 'rhus, there should be no Objection from Burkes as to vacation of streets and alleys in the involved subdivisions. Mr. Gesko has made notations of our conversatioIl~ It is our suggestion that the matter be attended to at an early date~ This memorandum is being made so that Mr. Lee and Mr. Gesko can be alerted to the situation . :. ,,,,....4. . . . .. , . . . .. .. - " ;' -2:.0 ,""," Afld'that full'coOrdinat.ion'can be had' between Bozeman Oeaconess Foundation >.;.' .',"', ,':",,'.' , "':.,';j' ,', ," and the cli;yof Sozeliloln. , , ~<f <". It is t9,be.nQ:ti~d#~t.~he oia:addit.ions were create4 app:roximately in the 1890.s'when!\ollemap:w8s active' in attempting to become named, as Montan~' $ State'e'P,~t.ol location, and the Iiltreets,andalleys have really never"been u.ed. ' ,..,. .. . '. M J. H~MQrrow . \ .; ",.' ;- "t" .,,", " j': (' " , " ',." .' , "If 'I, '.', " ~ " . ' r"ALLATIN. COUNTY liAR ASSO,CIATlnN F~RM Nq. .. ti',,' , II..~".~ ~ -1'1':'" r:-,. . -. WARRANTY DEED r;. I " ~ For Value Received CITY OF BOZEMAN, MONTANA, ~ [t r~ tE 1, I f' Ii' the grantor , do eshereb:}' grant, )l\r$rl\lll, sell, cOllvey am ('on n'm UlIt0 L 'g: LI~E ?F MONTAt:1A INSURANCE COMPANY, ,1 HonL1n,l C'c>rpOl'nt ll'll, wi th It. ~ prlnc1.pal off1.ces at 28 North Black, n07.l~nUI,I, MnnLlIlil, ~ Eo< the grantee ,the following described premises, in Ga 11 a t 1. n County, Montana, f;' rIJ. to wit: ~ A tract of land located within the Southwest one-quarter (SW 1/4) l' Z of Section Eight (8), Township Two (2) South, Range Six (6) East, : ~ Montana Principal Meridian, lying within the city limits of the I - ~ City of Bozeman, Montana, more particularly described as follows: = Beginning at a found 4" x 4" concrete right-of-way monument at the Northeasterly corner of parcel one. Thence South 5025'00" East a distance of 56.54 feet to a found 4" x 4" concrete right-of-way monument. Thence South 2031'26" West a distance of 270.49 feet to a set pin and cap. ! Thence South 87021'09" West a distance of 560.42 feet to a set pin and cap. Thence South 81041'52" West a distance of 183.90 feet to a set , pin and cap. Thence South 79045'33" West a distance of 497.30 feet to a set pin and cap. Thence North 42021'29" East a distance of 365.39 feet to a set pin and cap. Thence North 37038' 55" East a dist,ance of 396.98 feet to a set pin and cap. Thence North 32056'21" East a distance of 365.39 feet to a set pin and cap. Thence South 52025'00" East a distance of 694.53 feet to the point of beginning. I Said parcel contains 12.50 acres, more or less, and is subject to any easements of record. I Together with the tenements, hereditaments and appurtenances thereunto I belonging or in anywise appertaining thereto. This' conveyance is made subject to the condition that if Grantee has not commenced the construction of improvements on t1w 1"C',11 property hereinabove described within twenty-four (24) consecutive calendar months from tho d~te of recording of this conveyance, that the real property hereinabove described, together with the tenements, hereditaments and appurtenances thereunto attaching or in anywise appertaining, shall revert to the City of Bozeman, Montana. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee , its heirs and assigns forever, And the Raid Grantor do es hereby covenant to aI~d with the said Grantee ,that it is the owner in fee Rimp1e of Raid prt'mises; that they are free from all incumbrances and that it will warrant and defend the same from ulllawful claims whatsoever. Dated: May , 1977. CITY OF B07.EMAN, MONTANA Attest:" ." "",,,. By EDMUND P. SEDIVY, SR., Mayor EIffiA V~ - HARDING ,clerk of 'Ci tyCcmunissiol1- STATE OF MONTANA, COUNTY OF Gallatin STATE OF !\lONTANA. COUNTY OF On this day of May , 1977 , I hereby certify that thi~ instrllnwnt was fih'd fur rl',"'I'U :It pefore me, a notary public in and for said State, personally the request of appeared Edmund P. Sedivy and Erna V. Harding, known to me to be the Mayor of the City of Bozeman and the ClerK at minutes past o'clock m., of the City Commission of the City this day of. of Bozeman, respectively, and 19, in my office, and duly recorded in Buok known to me to be the persoRl whose nameS are of Deeds at page s\lbscribed to the within instrument, and acknowl( dged to th t they executed the same. _m ," ,"-, ow b8 h 1 f f th C' t f B Cllunlv Cll'rk aud HI'l'Orc\l'r on e a _ 0 e 1. y 0 ozeman, . Mon tana . , nmm ,m , mm__n_'mm'_nnn_._'un___________ ,umm___" m'''m_' By ... _m -- Notary Public for the State of Montana Depllt~., Residing at Bozeman, Montana Fees $ My commission expires___mmn _m_m_m_____...'___, 19_.~: - ' Mail to: , I> ^. . ..., ""~,,",,,,,"'~~ I ~'t" .,1I,..t: , y'~ '/. .' i" ,," . .. GAlLATIN COUNTY BAR A-SSOCIATION f!QR....,No.J,..,~: ~. . " " . ~~TY DEED . ;,,;.~ For Value Received J.JIFE OF MONTANA INSURANCE COMPANY, a Montana corporation, having mailing address 28 North Black, Bozeman, Montana, a corpo'cat.ion duly organized and existing under the . laws of the State of Montana, the grantnr >> do efiu!l'Elby grant, bargain, sell, convey and contirm unto j' ~ CITY OF BOZEMAN, MONTANA, . ".", tl the grantee ,the following described premises, in ..,,<:;gJlaJ;.JrL__..,._County, Montana, ~ (:;I;l to wit: ~ A tract of land located within the Northeast Quarter of Sectipn ' =- 18, Townsl:!W2 South of Range 6 East, M.P.M., lying within the , ',,>--(:;I;l---- city li:rnits of the City of Bozeman, Montana; and being a portiol\. = of Prospect Hills Addition as recorded at Gallatin County, Montana, and more particularly described as follows: Beginning at a set iron pin and cap on the North line of Section 18 which bears N. 88008' W. a distance of 30.0 feet from a found iron pipe taken to be the Northeast corner of Section 18; thenqe N. 88008' W. a distance of 1,266.1 feet to a set pin and cap coincident with the east right of way of the Ida Avenue and the North line of Section 18; thence S. 00051' W. a distance of 442.1 feet to a set pin and cap on the east right of way of . Ida Avenue; thence S. 89005' E. a distance of l,240.4 feet to a , set pin and cap on the west right of way of Highland Boulevard; thence N. 10043' E. a distance of 22.0 feet to a set pin and _, cap at the point of curvature of a circular curve to the left, with a radf\u's o~ l,571.!::I6 feet, through a centr';ll angle of "\' __,_"" 10036', for a d~stance of 290.8 feet to a set p~n and cap at;f the point of tangency; thence N. 00007' E. a distance of 110.0 .' feet to the point of beginning;':, ., ." .~~ . , Containing 12.5 acres, more or less, and subject to any easements" of record. , .,:' ~c The above described tract of land is to be known and designated as an amendment to Prospect Hills Addition to Bozeman, Gallatin County, Montana. , h. ,';' , (., ,. .~. J.. "- TO HA V~ AND TO HOLD the said premises, with their appurtenances unto the said Grantee >> . ,i" 1. ts heirs and assigns forever, And the said Grantor does hereby covenant to and' with the said Grantee ,that it is the OWIWl' in fee simple of said premises; that they are free from all incumbrances and that it will warrant and defend the same from aU lawful claims whatsoever. Dated: May , 1977. LIFE OF MONTANA INSURANCE COMPANY (SealL_.. "..... "., _...... n' By..,., ..u_.. HERBERT E. RICHARDS, presidfnt - .... ...__ . '"".,- . - ,----..,.. -. . . - ..... n_ _n. __I .. . __. ,__ JOSEPH B. GARY, Secretary STATE OF MONTANA, COUNTY OF Gallatin STATE OF MONTANA, COUNTY OF On this day of May I 1977 , I hereby certify that this instrument was filed for ret:ord at before me, a notary public in and for said State, personally the request of appeared Herbert E. Richards and Joseph B. Gary, known to me to be the President and Secretary, at minutes past o'clock respectively, of Life of Montana this day of Insurance Company, and 19 . in my office, and duly recorded in Book known to me to be the person S whose nameS are of Deeds at page ;; subscribed to the within instroment, and acknowledged to me that they executed the same. ,.... , -, . nnunn______...m' .. u nmmm..nm.... ...m__ on behalf of said corporation. County Clerk and Recorder _.___.____.___________.n__m_____~__~________"_'m' 'n'nn...._'_."'_,.. By _' ,,_._ "mmnmmm" un.m . .', ._, ,.0",,' u u . . ,_,um __,'. Notary Public for the State of Montana Deputy. Residing at Bozeman ,Montana Fees $ My commission expires______m______m___m______mmn_n. 19m__.__. Mail to: , , ~ -~_.'.-~. .. ..tf ,,<l' ' .~""y.~ .." ~'" ,. ~ I ~ .;. .- .. . ,". ", p..:.,.~ ~~~~TY BAR AS'SOCIATlON DEED FOR VALUE RECEIVED, BOZEMAN DEACONESS FOUNDATION, 15 Bozeman, Montana, - a corporation duly organiz.ed.and existing under th~ laws of the State of Montana, grantott< ,j h":l does hereby Grant Bargmn Sell Convey and Confirm unto LIFE OF MONTANA INSUJ:<.~ '.: ,II.,,";,'" ANCE COMP\tY: a Mon'tana corporation having mailing address · - ';.. :'i~;~',~1 I 28 North B a , ~oz ma ,MOfl.t.ana" Gallatin . ," fj!" . the grantee ,t e I~lowmg crescn9>oo premIses, m - u". 'u u ,County, Montana. '",:,~ \ to wit: A tract of land located wi thin the Northeast Quarter -." ':"'):' of Section 18, Township 2 South of Range 6 East, M.P.M., lying within the.,.\ ' city limits of the city of Bozeman, Montana; and being a portion of Pros- pect Hills Addition as recorded at Gallatin County, Montana, and more par- I ticularly described as follows: . " Beginning at a set iron pin and cap'on the North line of Section 18, . I which bears N.88008' W. a distance of 30.0 feet from a found ironpipa~ . :'!f i taken to be the Northeast corner of Section 18; thence N.88008' W. a ,~~ I distance of 1,266.1 feet to a set pin and cap coincident with the east \':~::; ! right' of way of the Ida Avenue and the North line of Section 18; thence I S.0005l' W. a distance of 442.1 feet to a set pin and cap on the east, 'I right of way of Ida Avenue; thence S.89005' E. a distance of 1,240.4 feet to a set pin and cap on the west right of way of Highland Boule~ . vard; thence N.IOo43' E. a distance of 22.0 feet to a set pin and cap I at the point of curvature of a circular curve to the left, with a I radius of 1,571.96 feet, through a central angle of 10036', for a dis- tance of 290.8 feet to a set pin and cap at the point of tangency; \( thence N.00007' E. a distance of 110.0 feet to the point of beginning, f.. Containing '12.5 acres, more or less, and subject to any easements of record. The above de~cribed tract of land is to be known and designated aS,an amendment to Prospect Hills Addition to Bozeman, Gallatin County,' i Montana , , I .~.t .: :.~ '. . TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee ,. (' 1 ts successors Heilf8Cand assigns forever, And the said Grantor does hereby cov~nant to and.; with the said Grantee ,that i tRac is the owner in fee simple of said premises; that they are:fr~ " ,", from all incumbrances:\ I\' \VITi\ESS \VIIEREOF, The Grantor, pnrRuant to u resolution of its BOlml of Directors has c~lI~ed ils ,,~ l'ol'pol'al e nume to be hereunto subscribed by its President anll its corporate seal to be affh:ed by its Secretary thiH day of April, 1977. BOZEMAN DEACONESS FOUNDATION ,r CORPORATE By SEAL J. Dewey Street - PRESlpENT. ,,~ ,,' . ~ SECRtTARV.. STATE OF MONTANA:' i S5. STATE OF MONTANA, ! S$, County of Gallatln) County of ' \'!f' '1 77 . .'" it On this day of Aprl , 19. lIb I'f I t thO , f' ";"1' ';, 1. l' N t hI" d f 'd 5t t 11 1erC' y cpr I Y t1:1 IS m,trumC'nt wa~' lIed for' Ie. "ord' .:;.", l)(' ore me, a 0 ary pu Ie In an or s:u a (', Ill:rsona y .' .' ".':". .,,1, , , " d J DEWEY STREET at mll1utcs Pil$t O'cl.OCk .tlI1....'~. ,I.' ~.t.. appeure . " ' . T . ~;lii'" , this day of '. ',:, f '.: known to me to be the , ,,'.: ",i;' , '" Presi~ent . " of the corporation that 19 ,in my office, nnd duly recorded in Book ~:;""\,.i"'~X :. 'x';cutl,u Ihl~', Il1strument or the persons who executC'd Ih\~ uf DC'eds at page .. ":',.., . . in,:trument on behalf of said corporation, and ncknow- ( kdged to me that such corporation exc(;utcd thc same. iN WITNESS WHEREOF, I have hereunto set my hand n m, , ,,,.. . "n n"n "n,_ --,' ..... and uffixed my official seal, thedny and year in this ecr- tifil'ute first above written. By,,,,, ",.... ,,,..,,, ,n .. 'N~;i;-~Y.'P;;biic"f~~--th'~---St';lt~--;f-- M~lI~t~~;;, Fees $ , Hesiding at Bozeman Montana Mail to: