HomeMy WebLinkAbout05- Golden Egg LLC Purchase Agreement
PURCHASE AGREEMENT
This agreement entered into this ~ day of April 2005, by and between the City
of Bozeman (hereinafter the City) with offices at 411 East Main, Bozeman, Montana and Golden
Egg LLC (hereinafter Property Owner), whose mailing address is P.O. Box 3562, Seattle,
Washington 98124-3562.
RECITALS
WHEREAS, the Parties mutually agree and acknowledge that North 19th A venue is a
state route operated and maintained solely by the State of Montana. Thus, any construction on
North 19th Avenue is controlled solely by the State with minor input from the City of Bozeman;
construction on real property adjacent to the Right of Way owned by the State of Montana is
regulated by the City of Bozeman; and
WHEREAS, the PROPERTY OWNER owns certain real property adjacent to and along
North 19th Avenue and Dead Man's Gulch in the City of Bozeman; and
WHEREAS, the City desires to construct certain improvements along North 19th Avenue
and Valley Center Road; and
WHEREAS, it is necessary for the City to acquire a perpetual public street easement as
well as a temporary construction permit in order to allow it to construct these improvements; and
WHEREAS, the PROPERTY OWNER has agreed to sell to the City the interests in
needs in order to complete the necessary improvements along the North 191h Avenue and Valley
Center Roads.
1
NOW THEREFORE in consideration of the mutual promises and covenants contained
herein, the parties mutually promise and covenant as follows:
1. In consideration ofthe payments and the specific agreements to be performed by
both parties as set forth in this agreement, PROPERTY OWNER agrees to provide to the City a
recordable perpetual public street easement within thirty (30) days of the City's acceptance of
this agreement in the form attached hereto as Attachment ""A" (the ""Public Street Easemenf').
The easement shall grant the City the right to a use portion of the real property located at 2770
North 19th Avenue, City of Bozeman, County of Gallatin and more particularly described as
follows:
A public street easement in, through and across Lot 2, Tract 3 of Gardner-
Simmental Plaza Subdivision, said easement being located in the Southeast
quarter of Section 35, Township I South, Range 5 East, P.M.M., City of
Bozeman, Gallatin County Montana and being described as follows:
Beginning at a point, said point being at the intersection ofthe north line of said
Lot 2 and the East right-of-way line of North 19th A venue, [Montana State
Highway project No. RS 235-1(2)7]; thence North 89044'41" East along the south
line of Dead Man's Gulch, a distance of 100.00 feet; thence South 7305'38" West,
a distance of 1 04.69 feet to the east right-of-way line of North 19th A venue,
thence North 0019'23" East, along said line a distance of30.00 feet to the point of
beginning.
The area of described easement is 1500 square feet, more or less,
2. The PROPERTY OWNER further grants the City a temporary right of entry to
enter and use a strip ofland immediately adjacent to and southeast of the proposed acquisition
during construction. The PROPERTY OWNER hereby agrees to provide the City with a
temporary construction permit granting the City the authority to enter to the property during the
construction of the improvements within thirty (30) days of the City's acceptance of this
agreement in the form attached hereto as Attachment "'B" (the ""Temporary Construction
Permif'). The City's temporary right to use this property shall automatically terminate at
2
the end of construction or for the period of 18 months, whichever is greater.
3. The City agrees to pay to PROPERTY OWNER the $3,900.00 for the easement.
The City further agrees that it shall issue a warrant for the total amount within but not later than
thirty (30) days of the recording ofthe easement and receiving the temporary construction
permit, whichever is latest, and mail said payment to PROPERTY OWNER at the address
indicated above.
4. The parties mutually understand and agree that the City's right to use the property
will begin at the time the easement is accepted by the City. The parties further agree that the
City shall have right of entry from date the Temporary Construction Permit is accepted by the
City until the project is fully completed or expires Wlder the tenns of this agreement.
5. Further, in exchange for the public street easement, the City hereby agrees to
install a traffic signal on North 19th Avenue at Dead Man's Gulch / Cattail Street during the
construction ofthe North 19th AvenueNalley Center Road improvements.
6. Both parties mutually understand and agree that this agreement shall be
enforceable only as part of the current North 19th AvenueNalley Center Road improvements.
Further, the Parties specifically understand and agree that if future traffic, after construction of
the current North 19th A venue/Valley Center Road improvements, requires modifications to the
traffic signal, the intersection, or any other part ofthe North 19th Avenue or Valley Center Road
in order to preserve traffic safety and the efficient operation of the roadway, this agreement shall
not prevent the State of Montana or the City from making such modifications.
7. The City of Bozeman hereby acknowledges that the subject property is a
developed site. Therefore, the City affirmatively asserts and agrees that the acquisition of this
public street easement and construction of the improvements as set forth in the Temporary
Construction Agreement, do not create any non-conforming zoning conditions on this site.
3
8. The City of Bozeman shall be responsible for all costs and fees associated with
the preparation of all documents of transfer, closing fees and recording fees. The PROPERTY
OWNER shall be responsible for paying its own attorney's fees incurred in the transfer ofthis
property including but not limited to the review of all documents and negotiation of the terms of
the agreement.
9. 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.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year as written below.
PROPERTY OWNER
4, ~ tJ5
(Date)
l'1el'1ber
THE CITY OF BOZEMAN
C~Jt1~ April 18, 2005
Chris Kuku1ski, City Manager (Date)
~DBY:
~/H~ April 1 R. ?OO~
Clerk of the City Commission (Date)
4
ATTACHMENT "A"
PUBLIC STREET EASEMENT
Golden Eaa LLC, GRANTOR, in consideration of $ 1.00 and for other and valuable considerations,
receipt of which is acknowledged, grants to The City of Bozeman, a municipal corporation of the State of
Montana, with offices at 411 East Main, Bozeman, Montana 59715, GRANTEE, its successors and
assigns, a perpetual street and utility easement for the use of the public, in, through, and across a strip of
land situated in Gallatin County, Montana, to be located on the following described real property: Lot 2 of
Tract #3 of Gardner-Simmental Plaza Subdivision. said lot being located in the SE 14. Sec. 35. T1S. R5E.
P.M.M.. City of Bozeman. Gallatin County. Montana.
The easement is more particularly described on the attached Exhibit(s) ~ which by this
reference is made a part hereof.
The GRANTOR states that he possesses the real property described above and that he has a
lawful right to grant an easement thereon.
The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy the rights and
privileges herein granted without any interruption by the GRANTOR
All work to be performed under the Public Street Easement at the GRANTEE's direction shall be
completed in a careful workmanlike manner free of all liens. Upon completion of any work permitted at
the GRANTEE's direction, GRANTEE shall remove all debris and restore the surface as nearly as
possible to the condition in which it exists as of the date of construction and shall replace all property
corner monuments, survey references, or hubs which were disturbed or destroyed during construction or
anytime thereafter.
The GRANTEE does hereby indemnify and promise to protect, defend, and hold GRANTOR
harmless from and against any and all liability, loss, damage, expense, actions, and costs, including costs
and reasonable attorney's fees incurred by GRANTOR in defense thereof, asserted or arising on account
of or out of any acts or omissions of GRANTEE, GRANTEE's servants, agents, tenants, visitors, guests,
invitees, or contractors in exercise of GRANTEE's rights granted hereunder.
The terms, covenants, and provisions of this easement shall extend to and be binding
upon the heirs, executors, administrators, personal representatives, successors, and assigns of the
parties hereto.
DATED this _ day of ,2005.
GOLDEN EGG LLC
By
Title
STATE OF WASHINGTON )
):ss
County of King )
On this day of .2005, before me the undersigned, a Notary public
for the State of Washington, personally appeared known to me to be the of
Golden Egg LLC and the person whose name is subscribed to the within instrument and ad<nOWIedged to
me that he exeCuted the within instrument for and on behalf of Golden Egg LLC.
IN WITNESS WHEREOF. I have heIOUnto set "'i hand and aftiXed "'i Notarial Seal \he day and
year first above written.
(SEAL)
Notary Public for the State of Washington
(Printed Name)
Residing at
My commission expires
ACCEPTED:
CITY OF BOZEMAN
By its City Manager
ATTEST:
Clerk of the commission
STATE OF MONTANA )
)ss.
County of Gallatin )
On this day of ' 2005, before me, a Notary Public for the State
of Montana. peI1lOllOIly appeared CHRIS KUKULSKI and ROBIN L. SULUVAN, knoWll \0 me \0 be \he
City Manager and CIeri< of \he eommission. respectivelY, of \he City of BozeI1l8I1 and \he persons whoSO
names are subscribed to the within instrument. and acknowledged to me that they executed the same for
and on behalf of the City of Bozeman.
IN WITNESS WHEREOF. I have heIOUnto set "'i hand and aftiXed "'i Notarial Seal \he day and
year first above written.
(SEAL)
Notary Public for the State of Montana
(Printed Name)
Residing at
My Commission Expires / /20_
EXHIBIT A
PUBLIC STREET EASEMENT
ACROSS LOT 2, TRACT 3 OF GARDNER-SIMMENTAL PLAZA SUBDIVISION
LOCATED IN THE SE 1/4, SEC. 35, T1 S, R5E, P.M.M.
CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
I -~,~
~
......
W3 CATTAIL STREET
> -
I
<r: '" ( ^ 1/ ^ nr^n~~^I\I'C' (' I 1\
'" r" 1 II
In \J-\I\..!-\ LJ L!-\ U I V 1/-\ l\j ---J UUL,,-/! I)
Do:
:::r::: 0 POINT OF
I- z BEGINNING
u
OJ '" N89'44'41"E
"2'
~ u.
>. W
0
:>;.
:::r::: -"
0'
l- I
2
0::::: 0
U;
0 0
"
Z .8 '\.'
" PUBLIC STREET EASEMENT
0 ,'\ '\-
::2' AREA IS SHADED ~ ,
~\' ~
~'..~()
~.~
e-,"" ..::. '
n~ 1>; /':::;."'-
. \" ~- ,:0
6" () .{!."'0
'-.> '0;;.: ~ '. '-?
",.~- ~. \';>.
" (v
(, '. I).
PROPERTY LINE ;'\..,.
~
DESCRIPTION: ,."
A public street easement in, through and across Lot 2, Tract 3 of
Gardner-Simmentol Plaza Subdivision, said easement being located in the
Southeast Quarter of Section 35, Township 1 South, Range 5 East,
Principal Meridian Montana, City of Bozeman, Gallatin County Montano,
and said easement being described as follows:
Beginning at 0 point. said point being at the intersection of the north ~
line of said Lot 2 and the east right-of-way line of North 19th Avenue
[Montano State Highway Project No. RS 235-1 (2)7J; thence North ~
89.44'41" East along the south line of Deadman's Gulch, a distance of
100.00 feet; thence South 73"5'38" West, a distance of 104.69 feet to
the east right-of-way line of North 19th Avenue, thence North 0"19'23" ~
East along said line a distance of 30.00 feet to the point of beginning. i
The area of the described easement is 1500 square feet (0.034 acres.)
0 15' 30' 4:'
I I I I
, BEARING BASIS: MONTANA STATE HIGHWAY PROJECT SID 1299 (003) SCALE
N. 19TH AVE. ~ THOMAS, DEAN & HOSKINS, INe.
BOZEMAN, MONTANA TD&~ ENGINEERING CONSULTANTS
8 GREAT fAlL$-SOZEMAN-KAUSOELL-HELENA "ONT"'"
S~OKANe: w.A.SHINGTCl'j
lEWISTON ICJ._~-:
PUBLIC STREET EASEMENT DRAWN ay: ~JO DATE: 12/15/04
(PARCEL 9) DESIGNED BY; JOB NO. B03...(102 SHEET 1
QUAl.rry CHeCK; CAD NOB03...(102 u:I,,9 .DWG
ATTACHMENT "B"
TEMPORARY CONSTRUCTION PERMIT
North 19th Ave. & Valley Center Road Project
Parcel No. 9 County of Gallatin
Legal Description Subdivision Section Townshio Range
Lot 2, Tract 3 Gardner Simmental Plaza SE 14 35 1S 5E
Subdivision
List Names & Addresses of the Grantor(s):
Golden Egg LLC
PO Box 3562
Seattle, WA 98124-3562
1. IN CONSIDERATION OF THE SPECIFIC AGREEMENTS MADE BY BOTH
PARTIES WRITTEN IN THIS AGREEMENT, THE PARTIES HERETO BIND
THEMSELVES TO THE TERMS AND CONDITIONS SET FORTH HEREIN.
NO VERBAL AGREEMENTS SHALL BE BINDING UPON EITHER PARTY
AND THIS AGREEMENT SHALL BECOME EFFECTIVE UPON
EXECUTION BY A DESIGNATED REPRESENTATIVE OF THE CITY OF
BOZEMAN.
2. The Grantor hereby grants the City of Bozeman a Temporary Construction
Permit, as shown on Exhibit A, attached hereto and made a part hereof, for the
period of eighteen months or the duration of the construction project, whichever is
greater.
3. IT IS UNDERSTOOD AND AGREED THAT:
A. All work to be performed under the Temporary Construction Permit at the
City of Bozeman's direction shall be completed in a careful and
workmanlike manner free of all liens. Upon completion of any work
performed at City of Bozeman's direction, all debris shall be removed and
the surface restored as nearly as possible to the condition in which it exists
on the date hereof (except to the extent modifications are required as set
forth below) and shall replace any property corner monuments, survey
references, or hubs which were disturbed or destroyed during construction.
B. The intersection of Cattail St. / Dead Man's Gulch and N. 19th Ave. will
be modified per the construction plans to tie into the new roadway. A
traffic signal will be installed per the construction plans.
1
C. The wood post fence along the N. 19th Ave. right-of-way will be removed
within the Public Street Easement and Temporary Construction Permit
areas.
D. The detention'pond structure and outlet pipe will be relocated outside the
intersection improvements at Dead Man's Gulch and N. 19th Ave. per the
construction plans.
E. The multi-use path will be modified as necessary to connect to the
intersection improvements at Dead Man's Gulch and N. 19th Ave.
F. The existing tree nearest Dead Man's Gulch between the multi-use path
and the fence will be removed and replaced, outside the Public Street
Easement, with a similar type with a minimum 2" diameter trunk size.
Any other existing trees within the Temporary Construction Permit area
are to remain in place. However, if the root structure or tree itself is
damaged during construction, the tree will be replaced with a similar type
with a minimum 2" diameter trunk size.
G. Any disturbed landscaping within the Temporary Construction Permit area
will be restored. All disturbed grass areas will be reseeded.
H. The existing drive approach on Dead Man's Gulch, nearest N. 19th Ave.,
will be modified as necessary to connect to the intersection improvements.
I. Any portion of the irrigation (sprinkler) system, within the temporary
construction permit area, that is damaged or removed during construction,
will be replaced.
J. During construction, the City of Bozeman shall take reasonable steps to
ensure access to the Grantor's property.
K. All rights shall be exercised in accordance with the requirements of all
applicable statutes, orders, rules, and regulations of any public authority
having jurisdiction.
L. The City of Bozeman does hereby indemnify and promise to protect,
defend, and hold Grantor harmless from and against any and all liability,
loss, damage, expense, actions, and costs, including costs and reasonable
attorney's fees incurred by Grantor in defense thereof, asserted or arising
directly or indirectly on account of any acts or omissions of Grantee,
Grantee's servants, agents, tenants, visitors, guests, invitees, and
contractors, in the exercise of Grantee's rights granted hereunder.
2
GOLDEN EGG LLC
By:
Title
Date
Grantor
Accepted for and on behalf ofthe City of Bozeman
By:
Title
Date
Attest
Clerk of the Commission
3
EXHIBIT A
TEMPORARY CONSTRUCTION PERMIT
ACROSS LOT 2, TRACT 3 OF GARDNER-SIMMENTAL PL.AZA SUBDIVISION
LOCATED IN THE SE 1/4, SEC. 35, T1 S, R5E, P.M.M.
CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
I .~,~~,. I
w CA TT AIL STREET
> (AKA DEADMAN/S GULCH)
<[
.....
., PROPERTY LINE
I~
\-: 50.00'
"
O\~
......--i 0;
f
~
I"
e;
""
\-~ "TEMPORARY CONSTRUCTION
a:::! PERMIT AREA IS 3298 SOUARE FEET
D
Z
f"-. "'-'i.......'.'.
./";<:, \1
co <{t1~:i~:'1~:;~s;~~;cr'
OJ
"i-
30.00'
~
0 15' 30' 45'
I I I I
seA L E
N. 19TH AVE. ~ THOMAS, DEAN & HOSKINS, INe.
TD&~ ENGINEERING CONSULTANTS
BOZEMAN, MONTANA 8 OREAT rAllS-SOZ<:MAN~KAlISPE:ll-HElENA MONTA~'
SPOKAN[ WASH INCH;..',
lE:WISTON IDAI-1G
TEMPORARY CONSTRUCTION PERMIT DRAWN BY; ~JO DATE: 1211S1D4
(PARCEL 9) DESIGNED BY: JOB NO. 803..002 SHEET 1
QUALITY CHECK: CAO NO.B03~02 CP9b .DWG