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HomeMy WebLinkAbout06-17-19 City Commission Packet Materials - C7. PUE and ROW with N.R. Ardesson and BSD7 for a Roundabout Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Shawn Kohtz, City Engineer SUBJECT: Authorize the City Manager to sign a Public Use Easement and Right-of-Way documents with Norma R. Ardesson and Bozeman High School District #7 for installation of a roundabout at the intersection of 15th Avenue and Beall Street AGENDA ITEM TYPE: Consent MEETING DATE: June 17, 2019 RECOMMENDATION: Authorize the City Manager to sign a Public Use Easement and Right-of-Way documents with Norma R. Ardesson and Bozeman High School District #7 for installation of a roundabout at the intersection of 15th Avenue and Beall Street BACKGROUND: As a condition of approval for the Bozeman High School Expansion project, Bozeman High School District #7 is required to install a roundabout at the intersection of 15th Avenue and Beall Street. In order to carry out that direction it was necessary for them to acquire right-of-way. The attached documents are the result of those efforts and are necessary for the completion of that project. The valuations used for these acquisitions was performed under the direction of Sanderson Stewart. UNRESOLVED ISSUES: None. FISCAL EFFECTS: None. The costs associated with this acquisition are to be paid by Bozeman High School District #7. ALTERNATIVES: As suggested by the City Commission. 84 Attachments: Cover Letter (to Bozeman High School District #7), Memorandum of Agreement, Public Use Easement, Temporary Construction Easement, Waiver Valuation, and supporting documentation 85 SANDERSON^STEWART'V9May 30,2019Bozeman School District #1c/o Steve Johnson and Todd SwinehartP.O. Box 520Bozeman, MT 59771-0520Reference: 15th and BeaU Roundabout R/W Acquis.idon — Closing for Parcels 1 and 2Dear M£. Johns on and Mr. Swinehart:We've completed the agreements with the owners of Parcels 1 and 2 for the 15th and BeallRoundabout project. To be able to execute the agreement and close on the acqmsidon, the HighSchool and City need to sign the attached documents where indicated and prepare two checks withthe exact amounts specified by the title company. Two checks should be made out to MontanaTitle and Escrow, one in the amount of $38,089.00 for Parcel 1 and one in the amount of$6,949.00 for Parcel 2. Itemized Usts of the final closing costs are included in the attached finalclosing statements.The attached documents need to be signed (notarized as applicable) by the High School and the Cityand returned to Sanders on Stewart. The documents have been fuUy signed by the propertyowners where required. The High School is required to sign the Memorandum of Agreements,Temporary Construction Permit (Parcel 1 only, notarized), Waiver Valuations, Escrow Instructions,Buyer's Instructions, and Closing Statements. The City is required to sign the Public Use Easements(notarized), Buyer's Instructions, and Closing Statements.Once both the High School and the City complete the signing of the attached docucients, I willproceed with closing out the agreements for these parcels. The easements and permits will berecorded, checks will be delivered to the property owners along with a copy of the £nal documents,and the original documents will be returned to the High School and City as necessary. At that point,the agreements will be fully executed.If you have any questions or would like to discuss these documents in more detail, please feel free tocontact me via emaU (tgaddo@sandersonstewart.com) or phone 406 | 922-4304.Sincerely,Tony Gaddo, PE, REALTOR'8Senior Engineer | Right-of-Way SpecialistTGEnc.BillingsBozemanDenverFort CollinsSandersonStewart.comSANDERSONSTEWART.and we're fusf getfing started86 t/Bozeman High School District #7Project Name: 15th and BeallProject No: 18077Parcel No: 2-1 & 2-2MEMORANDUM OF AGREEMENTof Agreement (the "Agreement") has been reached this /V'"'* day of, 20j^, between the Norma R. Ardesson (hereinafter the "GRANTOR"), the ownerThis Memorandumof all of Lot 1lin the Rearrangement of Block 3 of Kirk's Second Subdivision to Bozeman, Montana, as permap and plat of said Rearrangement of said Block 3 filed in the office of the County Clerk and Recorderof Gallatin County, Montana, on the 18th day of May, 1971, and the Bozeman High School District #7,(hereinafter the "GRANTEE"), for the purchase of said property interest(s). The compensation amount tobe paid and other considerations to be given in full satisfaction of this Agreement are as follows:Compensation:Parcel 2-1: Public Use Easement149 sq .ft*149 sq.ft. x $20.14 per sq.ft. x 110% premium x 95% =$3,136Cost to cure: remove bush$200Parcel 2-2: Temporary Construction Permit623 sq.ft.*$2,850* Figure 1Considerations:Total (rounded) | $6,2001. In consideration of the payments herein set forth and the specific agreements to be performed by theparties hereto and written in this Agreement, the parties bind themselves to the terms and conditionsstated herein. No verbal representations or agreements shall be binding upon either party.GRANTOR certifies that any known encumbrances on the property are shown on this Agreement. IfGRANTOR sells their remaining property prior to the project being constructed, GRANTOR agrees toprovide the purchasers) with a copy of this entire Agreement and agree to make the sale of theirremaining property subject to all the terms and conditions contained in this Agreement. GRANTORagrees that they will, at the GRANTEE'S request, execute deeds and/or easements required by for allreal property agreed to be conveyed by this Agreement.2. Taxes and special assessments, if any, delinquent from former years, and taxes and specialassessments for the current year, if due and/or payable, shall be paid by the GRANTOR.This Agreement embodies the whole Agreement between the parties hereto as it pertains to the realestate, and there are no promises, terms, conditions or obligations referring to the subject matterhereof, other than as contained herein.The GRANTOR hereby agrees that the compensation herein provided to be paid includes fullcompensation for their interest and the interests of their life tenants, remaindermen, reversioners,liens and lessees, and any and all other legal and equitable interest that are or may be outstandingand said GRANTOR agrees to discharge the same.This Agreement shall be deemed a contract extending to and binding upon the parties hereto andupon the respective heirs, devisees, executors, administrators, legal representatives, successors andassigns of the parties, only when the same shall have been approved by the GRANTEE.3.4.5.SANDERSON^*STEWARTPage 1 of 215th and Beall18077Parcel 2-1 & 2-287 I6. The property transfer shall be effective upon acceptance by GRANTOR and GRANTEE, evidencedby the execution of this Agreement by the GRANTOR and GRANTEE and payment of thecompensation amount.Of the total amount of compensation hereinabove agreed upon, the sum of $6,200 shall be paid uponexecution and delivery of a good and sufficient: ^| Public Use Easement and ^ Temporary ConstructionPermit.Disbursement of funds will be made in the following manner:GRANTORAmount of PaymentNorma R. Ardesson$6,200The GRANTOR certifies that there are no known hazardous materials on the property being acquired.The terms of this Agreement are understood and assented to by us and payment is to be made inaccordance with the above.NORMA R. ARDESSON^^^Norma R. Ardesson^ A—Date:c^-/^ ^01 cfBOZEMAN HIGH SCHOOL DISTRICT #7VJ(AW\Name: '^se.fl.r ^'^Jfrr^o ^Title: ^^^,^7T/JAe^rDate:^1 ftSANDERSON^STEWARTPage 2 of 215th and Beall18077Parcel 2-1 & 2-288 t-FIGURE 1R/W ACQUISITIONWITHINLOT 1 OF PLAT H-17, S 12, T2S, R5EPREPARED FOR : BSD #7 / CITY OF BOZEMANPREPARED BY : SAN DE RSON STEWART@OCTOBER, 2018BOZEMAN, MONTANAWEST.BEALL$i|,:. PARCEL 2-^Sasi PUBLIC USEffl EASEMENTSTREE1PARCEL 2-2TEMPORARYCONSTRUCTIONPERMITaNEW•teCURB/GUTTERNEWSIDEWALK1.ayr'ip•\.REMOVEBUSH-»«•mJ1--^s\-1•^<«..Ld1»I».e&,<•:\*-.»:-*\LJvafm>\.»<"#;I•.EXISTINGPROPERTYinLINEfe't(TYP)m^I^^Q:^-^0yEXISTING(IRRIGATION! DITCH«•y-•.<*. ,*"0;'!•*.<^IS015SCALE: l-.W30NOTES:1. AERIAL IMAGE LOCATIONS AREAPPROXIMATE AND MAY NOT BE EXACT.2. NEW SIDEWALK AND PEDESTRIAN RAMPLOCATIONS ARE PRELIMINARY AND ARESUBJECT TO CHANGE.15TH AND BEALLPARCEL 2-1 & 2-218077_EXHIBITS.DWG18077 10/24/18 CMK/TG89 Return to:Sanderson Stewart106 EastBabcockBozeman, MT 59715Bozeman High School District #7Project Name: 15th and BeallProject No: 18077Parcel No: 2-1PUBLIC USE EASEMENTThe GRANTOR, Norma R. Ardesson, whose address is 4050 W. Babcock St., Apt. 2, Bozeman, MT59718, for and in consideration of One and No/100 - Dollars, and other valuable consideration, in handpaid, conveys and grants to the GRANTEE, the City of Bozeman, a Municipal Corporation of the State ofMontana, with offices at 121 North Rouse Avenue, Bozeman Montana 59715, its successors orassignees, a perpetual, full and unrestricted easement and right-of-way in, over, under, along, through,and across the following described real property located in Gallatin County, Montana:All of Lot 1 in the Rearrangement of Block 3 of Kirk's Second Subdivision to Bozeman, Montana,as per map and plat of said Rearrangement of said Block 3 filed in the office of the County Clerkand Recorder of Gallatin County, Montana, on the 18th day of May, 1971.Said public use easement is depicted on Exhibit A attached hereto and more particularlydescribed as:Beginning at the Northeast corner of Lot 1 and the easement herein described, being a point onthe South right-of-way of West Beall Street and the West right-of-way of North 15th Avenue, saidpoint of beginning; Thence, from said point of beginning, S 68° 09' 21" W, 29.07 feet along theSouth line of Lot 1; Thence, N 01° 49' 18" E, 11.16 feet to the South right-of-way of West BeallStreet; Thence, S 89° 16' 20" E, 26.63 feet along the South right-of-way of West Beall Street tothe West right-of-way of North 15th Avenue and to the point of beginning, and containing 149sq.ft, more or less, as shown on Exhibit A.All improvements installed within the easement by GRANTEE are the property of the GRANTEE,removable at its option. The failure of GRANTEE to exercise any of its rights granted herein shall not beconstrued as a waiver or abandonment of the right.GRANTOR hereby covenants with GRANTEE that GRANTOR has good title to the above-described tractof land and covenants that GRANTEE shall have quiet and peaceable possession of the easement; andshall have a free and unrestricted right to access and maintain said facilities as long as the right-of-way ofwhich this easement area is a part, remains a public way.The GRANTEE hereby covenants and agrees to defend and indemnify GRANTOR, its officers, directors,employees, agents, and invitees and save them harmless from any and all liability, loss, costs orSANDERSON^STEWARTPage 1 of 315th and Beall18077Parcel 2-190 obligations, including, without limitation, reasonable attorneys' fees, on account of, or arising out of, anysuch injury or loss caused or claimed to be caused by the exercise of this easement or use of thiseasement, however occurring, other than those caused solely by the willful or negligent acts or omissionsof the GRANTOR.NORMA R. ARDESSON^/yi^^y^Norma R. Ardesson"ACKNOWLEDGMENT OF GRANTORState of lUo^e»i^yt }County of Gl/^^kl) ss.On this ttf<f> day of f^fc^x,, 20j^, before me, the undersigned, a Notary Public in and for thesaid State, personally appeared the GRANTOR, Norma R. Ardesson, known to me to be the identicalindividual who executed the foregoing instrument, who acknowledged to me that the individual executedthe same as the free and voluntary act of said GRANTOR, with full authority to do so and with fullknowledge of its contents, for the uses and purposes therein mentioned.IN WITNESS WHEREOF,above written.have hereunto set my hand and affixpial seal this day and yearmy0^"iiiiniiifli"ANTHONY GADDON^B^I^ubllcfor the State of MontanaResiding at;Bozeman, MontanaMy Commission Expfrea;January 30, 2023Notary Signature Line_!_Notary Printe4^JameNotary Public for the Stat^ofResiding at:My Commission Expff-es:// 20SANDERSON^SSTEWARTPage 2 of 315th and Beall18077Parcel 2-191 CERTIFICATE OF ACCEPTANCETHIS IS TO CERTIFY that the City of Bozeman, a Municipal Corporation of the State of Montana,GRANTEE herein, acting by and through its City Manager and City Clerk for the City of Bozeman, herebyaccepts for public purposes, the real property, or interest therein, described in this instrument andconsents to the recordation thereof:CITY OF BOZEMANBy: Andrea SurrattCity ManagerATTEST:By: Robin CroughCity ClerkState of MontanaCounty of Gallatin) S3.)day of_, 20_ byThe foregoing instrument was acknowledged before me thisAndrea Surratt and Robin Crough, known to me to be the City Manager and City Clerk for the City ofBozeman and the persons whose names are subscribed to this instrument, and acknowledged to me thatthey executed the same for and on behalf of the City of Bozeman.IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and yearabove written.Notary Signature Line(Seal)Notary Printed NameNotary Public for the State ofResiding at:My Commission Expires:// 20SANDERSONS©FSTEWARTPage 3 of 315th and Beall18077Parcel 2-192 EXHIBIT APUBLIC USE EASEMENTWITHINLOT 1 OF PLAT H-17, S 12, T2S, R5EPREPARED FOR : BSD #7 / CITT OF BOZEMANPREPARED BY : SANDE RSO N STEWART@ST BEASTEXISTINGPROPERT)'LINE(TYP)OCTOBER, 2018BOZEMAN, MONTANA/\\ \ \ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \J?T\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\,\\\\\\\\\\\\\\\\\VN\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \ \ \ \\\\\\^\ ~"\\\ \ \\ \\ \ \ \ N^>-/-/LjJ=)LEETu><IinPOBCt:0^\-^\\.PARCEL 2-1PUBLIC USE•EASEMENT^^/ / /'s—^—^~ \ S • \ —^-L1 S 68" 09' 21" W, 29.07 FEETL2 N 01' 49' 18" E, 11.16 FEETL3 S 89- 16' 20" E, 26.65 FEET1501530SCALE:!" =30'NOBTHR/W LEGENDV//////\ EXISTING ROAD R/WISagfflB^i NEW EASEMENT AREAfc;;^^;^^ AREA REMAINING15TH AND BEALLPARCEL 2-118077_EXHIBITS.DWG1 8077 10/24/18 CMK/TG93 •\Return to:Sanderson Stewart106 East BabcockBozeman, MT 59715Bozeman High School District #7Project Name: 15th and BeallProject No: 18077Parcel No: 2-2TEMPORARY CONSTRUCTION PERMITThe GRANTOR, Norma R. Ardesson, whose address is 4050 W. Babcock St., Apt. 2, Bozeman, MT59718, for and in consideration of One and No/100 - Dollars, and other valuable consideration, in handpaid, grants to the GRANTEE, the Bozeman High School District #7, whose address is P.O. Box 520,Bozeman, MT 59771-0520, its successors or assignees, an unrestricted Temporary Construction Permit in,over, under, along, through, and across the following described real property located in Gallatin County,Montana:All of Lot 1 in the Rearrangement of Block 3 of Kirk's Second Subdivision to Bozeman, Montana,as per map and plat of said Rearrangement of said Block 3 filed in the office of the County Clerkand Recorder of Gallatin County, Montana, on the 18th day of May, 1971.Said temporary construction permit is depicted on Exhibit A attached hereto and moreparticularly described as:Beginning at the Northeast corner of the permit herein described, being a point on the Southright-of-way of West Beall Street and the North line of Lot 1, from which point the Northeastcorner of Lot 1 bears S 89° 16'20" E, 26.63 feet, said point of beginning; Thence, from said pointof beginning, S 01° 49' 18" W, 11.16 feet to the South line of Lot 1; Thence, S 68° 09' 21" W,10.92 feet along the South line of Lot 1; Thence, N 01 ° 49' 18" E, 5.35 feet; Thence,N 89°16' 20"W, 48.99 feet; Thence, N 00° 43' 40" E, 10.00 feet to the South right-of-way of West Beall Streetand the North line of Lot 1; Thence, S 89° 16' 20" E, 59.18 feet along the South right-of-way ofWest Beall Street and the North line of Lot 1 to the point of beginning, and containing 623 sq.ft.,more or less, as shown on Exhibit A.delineated as to said tract of land on the exhibit attached hereto and made a part hereof as Exhibit A ofthis instrument and designated as Parcel 2-2. Said parcel, containing 623 square feet, more or less, ishereby temporarily provided to the GRANTEE, for the purpose of constructing and/or improving a publicstreet, highway, walkway, trail and/or electric, telephone or telecommunications, gas, water, sewer,drainage, or other utility transmission or distribution facilities as necessary for the 15th and Beall Project.Upon completion of said project for which access is hereby provided, the GRANTEE shall restore theproperty as nearly as possible to its original condition. The GRANTEE agrees to hold GRANTOR harmlessfrom any and all liability that may result or arise from the exercise of the rights granted hereby.SANDERSON^?STEWARTPage 1 of 215th and Beall18077Parcel 2-294 GRANTOR hereby covenants with GRANTEE that GRANTOR has good title to the above-described tractof land and covenants that GRANTEE shall have quiet and peaceable possession thereof and usethereof during the period of this Temporary Construction Permit. This Temporary Permit is in effect for aperiod beginning the 1st day of construction on the property, and ending two (2) years later, at which timethis permit shall expire and be of no force and effect.NORMA R. ARDESSON/1^^ ^ ^—--Norma R. ArdessonACKNOWLEDGMENT OF GRANTORState of IU^t4v.u,\ }County of (ni/fi TtM )) ss.On this Vyf day of FtS'y^^^'l 20J€t, before me, the undersigned, a Notary Public in and for thesaid State, personally appearedtthe GRANTOR, Norma R. Ardesson, known to me to be the identicalindividual who executed the foregoing instrument, who acknowledged to me that the individual executedthe same as the free and voluntary act of said GRANTOR, with full authority to do so and with fullknowledge of its contents, for the uses and purposes therein mentioned.IN WITNESS WHEREOF, I have hereunto set my hand andabove written.and year/^OTAR^^>^.^NY'^'X ANTHONY GADDONotary Public•| for the State of MontanaI *:. ^^T^'; * I (Se^sidlno at;^-.SI'-AL.-^J Bozeman, Montana^r^\-^y My Commlsston Expire*;January 30,2023'^s^affidmy^ official seal this daNotary Signatufe'LinNotary Printed l)fameNotary Public for the State^f .Residing at:My Commission Expj^fes:// 20SANDERSON^£BSTEWARTPage 2 of 215th and Beall18077Parcel 2-295 *•.PREPARED FOR :PREPARED BY :EXHIBIT ATEMPORARY CONSTRUCTION PERMITWITHINLOT 1 OF PLAT H-17, S12, T2S, R5EBSD #7 / C\Tr OF BOZEMANSANDERSONSTEWART@OCTOBER, 2018BOZEMAN, MONTANALiJWEST BEALL STEETLJ>EXISTINGPROPERTl' LINE(TYP)IFOBin^1Ct:0^tT"\\-^'\ \ \ \ \ \_K.^-^.K_V ^\\\ \ \ \x ,N x ^ ,x ^TEMPORARYN x v x x ^CONSTRUCTION ~-PERMIT\\\\\\\\\\\\^L1 S 01- 49' 18" W, 11.16 FEETL2 S 68° 09' 21" W, 10.92 FEETL3 N 01" 49' 18" E, 5.35 FEETL4 N 89- 16' 20" W, 48.99 FEETL5 N 00- 43' 40" E, 10.00 FEETL6 S 89- 16' 20" E, 59.18 FEET15015SCtLE:!" = 30'NORTHR/W LEGENDV/////A EXISTING ROAD R/WBSBfflffiSj NEW PERMIT AREAfc^^^^^l AREA REMAINING15TH AND BEALLPARCEL 2-218077_EXHIBITS.DWG18077 10/24/18 CMKAG96 1Bozeman High School District #7Project Name: 15th and BeallProject No: 18077Parcel No: 2-1 & 2-2WAIVER VALUATIONOWNERSHIP INFORMATIONProperty Owner:Norma R. ArdessonProperty Address:1520 W. Beall, Bozeman MTProperty Location:S12,T02S, ROSEPROPERTY INFORMATIONPresent Use: Commercial - UrbanHighest and Best Use: Commercial - UrbanZoning Authority: City of BozemanZoning Classification: B-2 (Community Business District)Property Size (Before): 0.252 acresImprovements: Commercial BuildingACQUISITION INFORMATIONPartial Acquisition: SFull Acquisition: DArea to be AcquiredParcel No.Area (sq.ft.)FeePerm. EasementTemp. PermitParcel 2-1 PUE149asaParcel 2-2 TCP623DDsDESCRIPTION OF ACQUISITION:Permanent and temporary rights to utilize portions of the subject property for this project are required.Easement and construction permit areas are necessary to allow the roadway improvement projects to beinstalled on the Northeast corner of the subject property. The present use of the subject property is forcommercial business purposes.VALUATION ANALYSIS:The subject property has been valued as if raw, vacant land that is available for the highest and best use.The data for the subject property and comparable sales was verified by an external field inspection anddesk review. This is a simplified valuation report, and as such, contains summary discussions of the data,reasoning and analysis that were used to develop the opinion of value.The Sales Comparison approach was utilized to determine the land value of the subject property. TheSales Comparison approach is recognized as the most appropriate and reliable method for estimating thevalue of land such as the subject property. Research of the local real estate market was conducted todocument recent sales information for properties similar to the subject property. The comparable salesinformation utilized to develop the opinion of value of raw, vacant land similar to the subject property isdetailed below:COMPARABLE SALES INFORMATIONComp. Parcel #Subject12MLS#209545213413Property Address1520 W. BeallBozeman, MT1533 W. BabcockBozeman, MT2004 N 7th AveBozeman, MTSANDERSONSTEWARTPage 1 of 215th and Beall18077Parcel 2-1 & 2-297 COMPARABLE SALES INFORMATIONComp. Parcel #Subject12Zoning AuthorityCity of Bozeman | City of Bozeman | City of BozemanZoningB-2B-2MB-2Current UseCommercial -UrbanComm. - VacantUrbanComm. -VacantUrbanDate of Sale12/20/20161/3/2017Sales Price$220,000$240,000Size (acres)0.2520.2890.600Indicated $/sq.ft.1$21.151$11.1111 Adjusted for current market conditionsThe comparable sales data ranged from $11.11 per sq.ft. to $21.15 per sq.ft. The average value of thecomparable parcels is $16.13 per sq.ft. The access, location and size of the subject is most similar to thesale of $21.15 per sq.ft. Both comparable parcels have similar zoning and use as the subject property.Comparable Parcel 2 has similar zoning and access to arterial roads, however exhibits a different businessdistrict locale. Given all these factors, the indicated market value of the subject property is estimated to be$20.14 per sq.ft. for unencumbered vacant land with similar property characteristics as just compensationfor the acquisition of vacant land in fee.Easements and permits grant specific rights on a piece of land to another entity for specific uses, but donot transfer title of the land. Compensation for easement interests is determined as a percentage of thefee value (100% acquisition value) based on the level to which the acquired interest limits/encumbers theuse of the property by the owner. For public use easements, the owner retains little use of the impactedland and is valued at 95% of the fee value. Compensation for temporary construction permits are paid asa lump sum item.VALUATION CALCULATION:COMPENSATIONItemCalculation DetailCompensationParcel2-1 PUE: | 149 sq.ft. x$20.14 persq.ft. x 95%$ 2,851Parcel 2-2 TCP:One (1) Temporary Construction Permit$ 500Subtotal:$ 3,351Cost to Cure: | Remove one bush at Northeast corner of subject property$ 200Total Compensation 1:$ 3,6001 Rounded to nearest $50 increment.$500 minimum with permanent easements.Date of Inspection:Date of Valuation:October 17, 2018Novembers, 2018Prepared By;Fony Gaddo, PE, REALTOR®Date Approved:^ila-Approved By:_ ^in^Bo'zeman High Scho'ol JL)istrict#7Name: ^as^/tr S ^Ts-^Title: <s-^/:><:/>./^73.'"&<^17SANDERSON^'STEWARTPage 2 of 215th and Beall18077Parcel 2-1 & 2-298 INSTRUCTIONS TO:Montana Title & Escrow, Inc.1925 N. 22nd Avenue, Suite 102Bozeman, MT 59718u•.DATE:z/^//<yc^?131274-1004RE: ESCROW NO.: M-23890PROPERTY:Parcel 21520 W. Beall St., Bozeman, MT 59715You are handed herewith an executed:xxTemporary Construction Permit and Public Use EasementPower of AttorneyRequest for Taxpayer I.D.# (1099 Reporting) if payment to be made toGrantor.Which you are authorized and instructed to record through the above referenced escrow:Without demand for any consideration to the undersigned, monetary or otherwise,for their deliver/ of said instrument or (Check One)X Provided you hold for the account of the undersigned the sum of $6,200.00to be paid to Norma R. ArdessonI am to be of no expense in connection with this transaction and no documentary transfer tax isto be affixed to said EASEMENT AND PERMIT.Transfer tax, if applicable, and recording fees are to be collected from the grantee. Whenrecorded, document is to be returned to the grantee. Preparation of this instrument andrecording of same is to be done at no expense to the undersigned.READ, APPROVED AND ACCEPTED BY:Yl^yW^-Date: ^->'y.^/^'Norma R. ArdessonPage 1 of 2 - Febmary 24, 2016Instiiictions - Deed" Retail99 The above instruction, Easement, and Permit mentioned therein have been reviewed and arehereby approved by the undersigned. You are to record said PUBLIC USE EASEMENT andTEMPOI^RY CONSTRUCTION PERMIT concurrently with the other documents contained in theabove i^Ljh^bered escrow and charge my account for the cost incurred.V<1(AAA/\DateName: T^OQ&^-T j7' I^ATJ*^Title: .^t>/a^s.fl-<^rf.^ti9^r: 6/4//9of Bozeman High School District #7ReceivedMontana Title & Escrow, Inc.BY:CANDACE D. ELSERPage 2 of 2 - February 24, 2016Instmctions - Deed - Retail100 Montana Title & Escrow, Inc.1925 N. 22nd Avenue, Suite 102Bozeman, MT 59718Phone: (406)587-7702Fax: (406)587-2891Date: 5/28/2019Escrow No.: M-23890-CEEscrow Officer: Candace ElserProperty Address:1520 West Beall Street, Bozeman, MT 59715464042-1210-0BUYER'S INSTRUCTIONSMontana Title & Escrow, Inc., a Montana Corporation, is licensed to perform escrow services by the State ofMontana.It is understood, by the parties hereto, that when the term "Escrow Holder" is used throughout theseinstructions it is always referring to Montana Title & Escrow, Inc. unless specifically stated otherwise.1/We hand you herewith:Cashier's check or verifiable funds in the amount stated on the attached Estimated Settlement Statement.You are hereby authorized to deliver and/or record all said documents and disburse said funds, together withthe proceeds of any easement mentioned, on account for the purchase price of the real property described inyour above numbered escrow and on account for the other costs, fees and adjustments in connectiontherewith, when you can issue your 2006 ALTA Standard Owners Policy of Title Insurance in the amount of$6,200.00.Title to be as vested in the name of: City Of Bozeman, A Municipal Corporation of the State of MontanaSUBJECT TO:1. All printed exceptions and conditions in the policy.2. All general and special taxes as shown in Item 6 below.3. The lien of supplemental taxes which may be assessed as a result of revised assessed values.4. Bond and/or Special Assessments not delinquent.5. Covenants, Conditions, Restrictions, Easements, Reservations now of record6. Exceptions Numbered: 1 - 7 as shown on the Title Commitment dated April 25,2019The undersigned Buyer acknowledges that he/she has received and read a copy of the Preliminary Report orTitle Commitment Order No. M-23890. Seller to acknowledge that the information contained in the PreliminaryReport is correct to the best of his/her knowledge.The receipt by escrow of all documents and monies required to transfer title in accordance with theseinstructions shall be deemed as sufficient indication that all contingencies and/or conditions contained in thePurchase Agreement by and between the within Buyers and Sellers have been removed, complied with, or willbe satisfied outside of escrow.These instructions are effective until revoked by any of the undersigned through written demand delivered toEscrow Holder. I hereby agree to pay all my proper costs and fees, including any adjustments, and requestyou to remit balance to me at the address shown below. Buyer's estimated settlement statement attachedhereto and made a part hereof.Page 1 of 4 - 5/28/2019M.LHC Buyer's Escrow Instructions101 The undersigned acknowledges that the easement will be obtained and vested in the name of TheCity of Bozeman and as insured. The final title policy will be issued in the name of The City ofBozeman.All fees and compensation for obtaining the easement will be paid solely by Bozeman High SchoolDistrict #7.BUYER:City Of Bozeman, A Municipal Corporation of theState of MontanaBy:_Andrea Surratt, City ManagerBy:_Robin Crough, City ClerkREAD AND APPROVED:Bozerri^./i }-ligh Schfic4-^fstrRn?7/(AA^-—^By:fe^ufCnf^'r'f.^ &E^/7~Mailing Address: ^/ ^£^-7 /7^/^ ^rfzss-r^S<ne.^f/^ , yv/h- ^'9'7/j'-/Phone: Vo<o • 52'z • ^'°y'i-Received by Montana Title & Escrow, Inc.By:_Date:Email: -ST^-^X. -Ji^^^^p Ss^-J.&^C-Time:Page 2 of 4-5/28/2019MLHC Buyer's Escrow Insti-uctions102 Affiliated Business Arrangement Disclosure Statement NoticeTo: City Of Bozeman, A Municipal Corporation of the State ofMontanaFrom: Montana Title & Escrow, Inc.Property: 1520 West Beall Street, Bozeman, MT 59715Date: 5/28/2019 Update (Version 2)Escrow Number: M-23890-CE€^~-ftri4S4042-136EM)This is to give you notice that Montana Title & Escrow, Inc. has a business relationship with Westcor Land TitleInsurance Company. The parent company of Montana Title & Escrow, Inc. holds a 29.14 percentage interest inthe shares of said company. Because of this relationship, this referral may provide Montana Title & Escrow,Inc. a financial or other benefit.Set forth below is the estimated charge or range of charges for the settlement services identified below. Youare NOT required to use the listed settlement service provider as a condition of the purchase, sale, orrefinance of the subject property. THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERSAVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOUARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES.Settlement Service: Title InsuranceSettlement Service Provider: Westcor Land Title Insurance CompanyCharge or Range of Charges:2006 ALTA Standard Owners Policy $175.00$0.00Total Estimated Charges:$175.00The Charge or Range of Charges is based upon the most currently available information provided to MontanaTitle & Escrow, Inc. concerning the purchase price of the subject property (if this is a sale transaction), theamount of the loan, and the service or product requested. If these figures change during the course of thetransaction, the charge or range of charges may also change.ACKNOWLEDGMENT1/we have read this disclosure form, and understand that referring party is referring me/us to purchase theabove-described settlement services may receive a financial or other benefit as the result of this referral.City Of Bozeman, A Municipal Corporation of the State of MontanaBy:_Andrea Surratt, City ManagerBy:_Robin Crough, City ClerkREAD AND APPROVED:By:Bozemajp'JHigh School District^L-——-VKJ^^A/^^UPS.n.lMTC^ t>K^ITPage 3 of4-5/28/2019MLHC Buyer's Escrow Instnictions103 Page 4 of 4-5/28/2019MLHC Buyer's Escrow Instructions104 0I§dC3°1E ^II~Z. w'0 ^m s<scna>a> os cnIllS -S in-!J|lliIll-ssdllllsll001'^0co00LUUJ°a^s^sii^z^ 1§! 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