HomeMy WebLinkAbout06- Pollard and City Purchase Agreement
PURCHASE AGREEMENT__
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This agreement made and entered into this . day of 2006, by and between
the City of Bozeman (hereinafter the City) with offices at 411 East Main, Bozeman, Montana
and Darcee Richmond residing at 5110 West Durston Road, Bozeman, Montana 59718.
RECIT ALS
WHEREAS Richmond owns certain real property adjacent to Durston Road in the City
of Bozeman, and
WHEREAS, the City desires to construct certain improvements including widening the"'--_,
street, installing sidewalks and constructing, replacing, maintaining or repairing water and sewer
mains; and
WHEREAS, it is necessary for the City to acquire certain real property adjacent to
Durston Road in order to allow it to construct these improvements; and
WHEREAS, Richmond has agreed to sell to the City said interests in the property.
NOW THEREFORE in consideration of the mutual promises and covenants contained
herein, the parties mutually promise and covenant as follows:
1. In consideration of the payments and the specific agreements to be performed by both
parties as set forth in this agreement, Richmond agrees to provide to the City a recordable quit
claim deed within thirty (30) days ofthe City's acceptance of this agreement. The quit claim
deed shall grant the City all right and title to a portion of the real property located at 5110 West
Durston Road, City of Bozeman, County of Gallatin and more particularly described as follows:
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A portion of Lot 1 of the Rearrangement of Tract 7, Smith Subdivision as filed with the
Gallatin Clerk and Recorder, being located in the Nl/2 NEl/4 Section 11, T2S, R5E,
P.M.M., Gallatin County, Montana and being further described as follows:
A strip of land, the north line of which is the north line of said Lot 1, Rearrangement of
Tract 7, Smith Subdivision; the east and west boundary lines of which are the east and
west lines of said Lot 1; and the South boundary of which lies 2.5 feet, measured at right
angles, south of and parallel with the north line of said Lot 1, said south line being
extended or truncated to meet the east and west lines of said Lot 1.
Said strip being 333 square feet, more or less.
2. In exchange for the foregoing, the City agrees to pay to Richmond the sum of
$1,500.00. Said payment shall be made within thirty (30) days of the City's successful recording
ofthe quit claim deed. All payments under this agreement shall be made to Darcee Richmond
and mailed to 5110 West Durston Road, Bozeman, Montana 59718.
3. The City further agrees to plant a minimum 01'2 trees, with 3 trees being the maximum,
in the boulevard along Durston Road adjacent to the property. The exact number and spacing of
the trees will be determined by the City Forestry Division. The trees will be located outside the
street vision triangle at the Valley Drive intersection and avoid any underground utilities. A low
growing species of trees, selected from the City's Tree Selection Guide, will be chosen due to the
overhead utilities. The trees will be planted in Spring 2007 after the road construction is
complete.
4. The parties mutually understand and agree that possession of the property will be
turned over to the City of Bozeman at the time the deed is accepted by the City.
5. The City of Bozeman shall be responsible for all costs and fees associated with this
transaction, including but not limited to the preparation of all documents of transfer, closing fees
and recording fees.
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6. This Agreement shall be construed and governed by the laws in the State of Montana.
In the event of litigation concerning this agreement, the proper venue shall be the Eighteenth
Judicial District Court, Gallatin County Montana.
7. All terms of this agreement shall be binding upon and inure to the benefit of, and be
enforceable by the heirs, assigns and personal representatives of the parties.
8. In the event either party resorts to litigation to enforce any of the terms or conditions
of this agreement, then the prevailing party shall be entitled to reasonable attorneys fees and
costs, to include fees, costs, and salary of in-house counseL
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year as written below.
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Darcee Richmond (Date)
THE CITY OF BOZEMAN
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Chris A. Kukulski, City Manager (Date)
Brit Fontenot, City (Date)
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