HomeMy WebLinkAbout06-17-19 City Commission Packet Materials - C8. MOA and ROW with Oak Springs Community Assoc for Durston Road Improvements
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Bob Murray, Project Engineer
Shawn Kohtz, City Engineer SUBJECT: Right-of-Way Agreement for Construction of Improvements to
Durston Road - Parcel 1-1 (Oak Springs Community
Association, Inc.).
AGENDA ITEM TYPE: Consent
MEETING DATE: June 17, 2019
RECOMMENDATION: Authorize the City Manager to sign the Memorandum of Agreement, Storm Drainage Easement, Waiver Valuation, Escrow Instructions, Buyer’s Instructions, and
Closing Statements needed for the City to install improvements to Durston Road.
BACKGROUND: By adopting the City of Bozeman Capital Improvement Plan the City Commission has directed staff to install improvements to Durston Road. In order to carry out that direction it is necessary to acquire Right-of-Way. The attached documents, which have been
executed by the property owners, are the result of those efforts and are necessary to the
completion of that project.
UNRESOLVED ISSUES: None.
FISCAL EFFECTS: The total cost of this acquisition is $12,713.00 which will be paid for
using the Street Impact Fee Fund.
ALTERNATIVES: As suggested by the City Commission.
Attachments: Original Agreements and Easements
108
SANDERSON^^STEWART'—in^|MM312»'(1%J,n.^i^ilRlNGDJMMiMay 28,2019City ofBozemanc/o Bob Murray20 East Olive St.Bozeman, MT 59715Reference: Oak Springs Storm Pond R/W Acquisition — Closing for Parcel 1-1Dear Mr. IVturray:We've completed the agreement with the owners of Parcel 1-1 for the Oak Springs Storm Pondproject along Durston Road. To be able to execute the agceement and close on the acquisition, theCity needs to sign the attached documents where indicated and prepare a wire transfer with the exactamount specified by the tide company. The wice transfer should be sent to Montana Title andEscrow in the amount of $12,713.00. An itemized iist of the final closing costs is included in theattached final closing statement.The attached documents need to be signed (notarized as applicable) by the City and returned toSanderson Stewatt. The documents have been fully signed by the property owners where required.The City is reqiiired to sign the Meraorandum of Agreement, Storm Drain Easement (notarized),Waiver Valuation, Escrow Instructions, Buyer's Instcuctions, and Closmg Statements.Once the City completes the signing of the attached documents, I will proceed with closmg out theagreement for this parcel. The easement wiU be recorded, a check will be delivered to the propertyowners along with a copy of the final documents, and the original documents wiU be returned to theCity. At that point, the agreement wiU be fully executed.If you have any questions or would like to discuss these documents in more detail, please feel free tocontact me via email (tgaddo(@sandersonstewart.com) or phone 406 | 922-4304.Sincer(5Tony Gaddo, PE, REALTOR®Senior Engineer | Right-of-Way SpecialistTGEnc.BillingsBozemanDenverFort CollinsSandersonStewart.comSANDERSONSTEWART.and we're just getting started109
//^&e^y^f&y7{^m^4City of BozemanEngineering DivisionPublic Works DepartmentProject Name: Oak Springs StormPondProject No: 18092.05Parcel No: 1-1MEMORANDUM OF AGREEMENTThislemorandum>^nZZ^ dayof Agreement (the "Agreement") has been reached this Z^'^' day of, 20J<^, between Oak Springs Community Association, Inc., a MontanaCorporfation (hereinafter the "GRANTOR"), the owner of Private Open Space #1 of Oak SpringsSubdivision Phase 4, a subdivision located in the SE14 of Section 3, Township 2 South, Range 5 East,P.M.M., Gallatin County, Montana, according to the official plat thereof on file and of record in the office ofthe County Clerk and Recorder of Gallatin County, Montana, and the City of Bozeman, a MunicipalCorporation of the State of Montana (hereinafter the "GRANTEE"), for the purchase of said propertyinterest(s). The compensation amount to be paid and other considerations to be given in full satisfactionof this Agreement are as follows:Compensation:Parcel 1-1: Storm Drain Easement14,313 sq.ft*Cost to cure: Remove 2 trees$10,878$800* Figure 1Considerations:Total (rounded) | $11,700.001. 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.3. 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.4. 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.5. 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 City Manager on behalfof the Public Works Department.SANDERSON^*STEWARTPage 1 of 2Oak SpringsStorm Pond18092.05Parcel 1-1110
/.6. 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.7. The GRANTEE and GRANTOR agree that the GRANTEE will coordinate construction activities onthe GRANTOR'S property with regards to underground irrigation activities prior to construction. TheGRANTEE agrees to adjust and repair impacted existing underground irrigation systems affected bythis projectOf the total amount of compensation hereinabove agreed upon, the sum of $11,700.00 shall be paid uponexecution and delivery of a good and sufficient: |^| Storm Drain Easement.Disbursement of funds will be made in the following manner:GRANTORAmount of PaymentOak Springs Community Association, Inc.$11,700.00The 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.OAK SPRINGS COMMUNITY ASSOCIATION, INC.Date:^-7X.f^lame: /^f)/^ ^/v^-ce^Title: '^^E^XT^CITY OF BOZEMANBy: Andrea SurrattCity ManagerATTEST:Date:<^By: Robin CroughCity ClerkDate:SANDERSON^STEWARTPage 2 of 2Oak SpringsStorm Pond18092.05Parcel 1-1111
FIGURE 1R/W ACQUISITIONWITHINPRIVATE OPEN SPACE #1 OF OAK SPRINGSSUBDIVISION PHASE 4, S3, T2S, R5E, P.M.M.PREPARED FOR : CITY OF BOZEMANPREPARED BY : SANDE RSON STEWARTAPRIL, 2019BOZEMAN, MONTANA•^f^s\ \\\EXISTINGFENCE\ \(TYP)\^:\T^.\^mra;yEXISTING WESTGALLATIN CANALFLOWLINE^\ »IREMOVEtEXISTINGTREEm\TEXISTINGEXPAND EXISTINGSTORM PONDPROPERTYLINE\(TYP)\ \»3PARCEL 1-1STORM DRAINEASEMENTItv \ ~\\k.VMAII DO NOTm'DISTURB. TREEmg%%m^I EXISTING UTILITYi,.J EASEMENT (PLATI J-475)\fem?1^^J^^g'CTi's'-a- ,"^V^W-f'W-fDURSTON ROADa8E.\—EXISTING PUBLIC' "~SIDEWALK EASEMENT(DOC #2349823)NOTES:1. AERIAL IMAGE LOCATIONS AREAPPROXIMATE AND MAY NOT BE EXACT.^w.3003060NORTHSCALE:!" s 60'OAK SPRINGS STORM PONDPARCEL 1-118092_5_EXHIBITS.DWG18092.054/1/19 TG112
Return to:Sanderson Stewart106 East BabcockBozeman, MT 59715/€s";-tKi".i£;..,.I*L}*&c^y^^d*'»>/%ro^City of BozemanEngineering DivisionPublic Works DepartmentProject Name: Oak Springs StormPondProject No: 18092.05Parcel No: 1-1STORM DRAIN EASEMENTThe GRANTOR, Oak Springs Community Association, Inc., a Montana Corporation, whose address is2504 W. Main St., Suite 2B, Bozeman, Montana 59718, for and in consideration of One and No/100 -Dollars, and other valuable consideration, in hand paid, conveys and grants to the GRANTEE, the City ofBozeman, a Municipal Corporation of the State of Montana, with offices at 121 North Rouse Avenue,Bozeman Montana 59715, its successors or assignees, a perpetual storm drain easement to lay,construct and maintain public storm drainage distribution facilities with the usual appurtenances in, over,under, along, through, and across the following described real property located in Gallatin County,Montana:Private Open Space #1 as shown on the plat of Oak Springs Subdivision - Phase 4, a plattedsubdivision in the county of Gallatin, State of Montana, according to the official recorded platthereof on file and of record in the office of the Clerk and Recorder of Gallatin County, Montana.(Plat J-475)Said storm drain easement is depicted on Exhibit A attached hereto and more particularlydescribed as:Beginning at the Southeast corner of Private Open Space #1 and said easement hereindescribed, being a point on the North right-of-way of Durston Road, said point of beginning;Thence, from said point of beginning, N 88° 31' 59" W, 71.11 feet along the North right-of-way ofDurston Road and the South line of Private Open Space #1; Thence, N 08° 39' 51" W, 198.21feet; Thence, N 81° 20' 09" E, 70.00 feet to the East line of Private Open Space #1; Thence, S08° 39' 51" E, 210.72 feet along the East line of Private Open Space #1 to the North right-of-wayof Durston Road and to the point of beginning, and containing 14,313 sq.ft, more or less, asshown 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; andSANDERSON^*STEWARTPage 1 of 3Oak SpringsStorm Pond18092.05Parcel 1-1113
shall have a free and unrestricted right to access and maintain said facilities for the purpose of constructingand/or improving storm drainage distribution facilities as necessary.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.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 orobligations, 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.OAK SPRINGS COMMUNITY ASSOCIATION, INC., a Montana Corporation2Name:Title:^^6/^/ ^/w^^^^ers/^?^-^/ACKNOWLEDGMENT OF GRANTORState of M»»»k*^l )County ofG^ll^) ss..)^On this ZZ^day ofsaid State, persgnall,pers^Af/i [appeared_, 20^3, before me, the undersigned,the GRANTOR, fctA/'MNotary Public in and for thetheof Oak Springs Community Association, Inc., a MontanaCorporation, known to me to be the identical individual who executed the foregoing instrument, whoacknowledged to me that the individual executed the same as the free and voluntary act of saidGRANTOR, with full authority to do so and with full knowledge of its contents, for the uses and purposestherein mentioned.IN WITNESS WHEREOF,above written.have hereunto set my hand andday and yearedy official seal^?^Y\ANTHONY GADDONotary Public^oTAfl/4/'^ for( ^^tate of Montana.*:'^TT^*I - Residing at;Bozeman, MontanawyMy Commission Expires:January 30, 2023Notary Signature LineNotary Prijfted NameNotary Public for the ^tate of.Residing at:My Commissioiy^Expires: _ /// 20e'SANDERSON^'STEWARTPage 2 of 3Oak SpringsStorm Pond18092.05Parcel 1-1114
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) ss.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 WhlEREOF, 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://20_SANDERSON^'STEWARTPage 3 of 3Oak SpringsStorm Pond18092.05Parcel 1-1115
EXHIBIT ASTORM DRAIN EASEK^ENTWITHINPRIVATE OPEN SPACE #1 OF OAK SPRINGSSUBDIVISION PHASE 4, S3, T2S, R5E, P.M.M.PREPARED FOR : CITY OF BOZEMANPREPARED BY : SAN DE RSON STEWART^IAPRIL, 2019BOZEMAN, MONTANAI\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\' \^-^ EXISTINGf^- 'PROPERTY LINEr\ \(TYP) \ \\\\\\\\\\\\\\\\\\ PARCEL 1-1 v\ STORM DRAIN ^\ EASEMENT ^\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \ (PLAT J-475) \ \\\\\\ \ \ \*,^> x V^.A^^-^^^''^'•^^^^M^^MM^i^^^•^:/:^:::/:^^::\.'.'.'.','.'.'.'.'.'.'.'.'.".'.'.'.'.'.'.'.'.'.'.'.'.'.*.'.'.'.'.^::::::::::::::::::::::::::;:::-:'::::::::::::::::::::::::::::^::::::-:',:':':':':-:':':':':':':':':':':':':':':':':-:''-s:':':':':'^^MMM^^M^^\ \/:'//////.^.^/::/^//:'.-'.-'.-'///.::'\,-',-':/:\^iiiiBMi\'\W^iiMS^<cj,||^^^^^^^^^^^^^iMSSMl:::::::::::::::::::::::::::/::::::::::::::::::::::::::::::::::(:::;:::::(.•.:.:::.:.:::-:':':-:':.:':.:.:':-:.:-:.'::.::;.:-:':-:':':-:Y:.:.:':.:|\\W^ESM^\ \ ^^/^^^/^/^/^^^•x-'^-.'///;'/:^//^:/:'///////:'////^^;/^\\j^^^i^^\\^^^^^'.\1\\\\\\\\\'^-^-^K•.•.-.-.•.•.•.•.•.•.•.-.•.-.•.•.•.-.-.•.-.•.•.-.•.•.•.•.•.-.•.•.-.•.•.•.I^ ^^^^^^^^^^^^/EXISTING PUBLICSIDEWALK EASEMENT•(DOC #2349823)^L1FOBDRSTONRADL1 N 88° 31' 59" W, 71.11 FEETL2 N 08- 39' 51" W, 198.21 FEETL3 N81- 20' 09" E, 70.00 FEETL4 S 08' 39' 51" E, 210.72 FEET^fc.R/W LEGENDV//////\ EXISTING ROAD R/W^-SBSKSSl NEW EASEMENT AREAk?;^^^;^ AREA REMAININGOAK SPRINGS STORM PONDPARCEL 1-118092_5_EXHIBITS.DWG18092.054/1/19 TG116
1^^sM/-•?*1m»^V.O^wCity of BozemanEngineering DivisionPublic Works DepartmentProject Name: Oak Springs StormPondProject No: 18092.05Parcel No: 1-1WAIVER VALUATIONOWNERSHIP INFORMIATONProperty Owner:Oak Springs Community Association, Inc.Property Address:TBD Durston Rd, Bozeman, MTProperty Location:Private Open Space #1 of Oak Springs Sub. Phase 4, S3, T2S, R5EPROPETY INFORMATIONPresent Use: Subdivision Open SpaceHighest and Best Use: Subdivision Open SpaceZoning Authority: City of BozemanZoning Classification: R-3Property Size (Before): 2.246 acresImprovements: N/AACQUISITION INFORMATIONPartial Acquisition: 1x1Full Acquisition: DArea to be AcquiredParcel No.Area (sq.ft.)FeePerm. EasementTemp. PermitParcel 1-1 SDE14,313DsDDESCRIPTION OF ACQUISITION:Permanent property rights to utilize portions of the subject property for this project are required. Easementareas are necessary to allow the roadway and storm drain improvement project to be installed on theSoutheast comer of the subject property. The present use of the subject property is for private open spacefor the entire subdivision.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:SANDERSON^S"STEWARTPage 1 of 3Oak SpringsStorm Pond18092.05Parcel 1-1117
COMPARABLE SALES INFORMAITONComp. Parcel #Subject123MLS#212988214371217678Property AddressTBD Durston RdBozeman, MTTBDW LincolnBozeman, MT2221 W BabcockBozeman, MT4865 FlandersWayBozeman, MTZoning AuthorityCity of Bozeman | City of Bozeman | City of Bozeman | City of BozemanZoningR-3R-4R-0R-0Current UseSubdivision OpenSpaceUrbanResidential-VacantUrbanResidential-VacantUrbanResidential-VacantDate of Sale12/1/20167/29/20163/16/2017Sales Price$720,000$625,000$488,145Size (acres)2.2461.9302.5001.610Indicated $/sq.ft.1$10.66$7.40$8.491 Adjusted for current market conditionsThe comparable sales data ranged from $7.40 per sq.ft. to $10.66 per sq.ft. The average value of the threecomparable parcels is $8.85 per sq.ft. The access, location, and size of the subject is most similar toComparable 2. The zoning of the subject property is slightly different than the zoning of the threecomparables, but all share similar legal uses. Comparable 1 is in a slightly different area of the community,in close proximity to the university in a highly sought-after residential area. Given all these factors, theindicated market value of the subject property is estimated to be $8.00 per sq.ft. for unencumbered vacantland with similar property characteristics as just compensation for the acquisition of vacant land in fee.Additional considerations for existing site conditions of the subject property were evaluated to adjust theproperty value due to the size and property use in comparison to the comparable parcels. Additionally, thesubject property was planned as open space following local development guidelines and is not allowed tobe developed into other uses.After evaluation of the comparable sales, factoring in existing site characteristics of the subject parcel andthe use of the property, a factor of 10% was applied. Given all these factors, the indicated market value ofthe subject property is estimated to be $0.80 per sq. ft. for property with this zoning, size and use as justcompensation for the fee acquisition of vacant land.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 and permit interests is determined as apercentage of the fee value (100% acquisition value) based on the level to which the acquired interestlimits/encumbers the use of the property by the owner. For storm drain easements, the owner retains littleuse of the impacted land and is valued at 95% of the fee value.SANDERSON^*STEWARTPage 2 of 3Oak SpringsStorm Pond18092.05Parcel 1-1118
('VALUATION CALCULATION:COMPENSATIONItemCalculation DetailCompensationParcel 1-1 PUE: | 14,313 sq.ft. x $0.80 per sq.ft. x 95%$ 10,878Subtotal:$Cost to Cure: I Remove 2 Trees$ 800Total Compensation 1:$ 11,7001 Rounded to nearest $50 increment.$500 minimum with permanent easements.$300 minimum with only temporary construction permits.Date of Inspection: March 15, 2019Date of Valuation: March 22, 2019Date Approved:Prepared By:Tony Gaddo, PE, REALTOR®Right-of-Way SpecialistApproved By:Name:Title:•^SANDERSONSTEWARTPage 3 of 3Oak SpringsStorm Pond18092.05Parcel 1-1119
fINSTRUCTIONS TO:Montana Title & Escrow, Inc.1925 N. 22nd Avenue, Suite 102Bozeman, MT 59718\v131274-1004DATE: April 3, 2019RE: ESCROW NO.: M-24756PROPERTY:Parcel 1-1TBD Durston Rd., Bozeman, MT 59718You are handed herewith an executed:xxStorm Drain 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 delivery of said instrument or (Check One)X Provided you hold for the account of the undersigned the sum of $11,700.00to be paid to _Oak Springs Community Association, Inc.I am to be of no expense in connection with this transaction and no documentary transfer tax isto be affixed to said EASEMENTS.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:^^< ^^/-yKevin Yager, Prefeid^rttDate: -T/^/6^/^Page 1 of 2 - February 24, 2016Instinctions - Deed - Retail120
/The above instruction and Easement mentioned therein have been reviewed and are herebyapproved by the undersigned. You are to record said STORM DRAIN EASEMENT concurrentlywith the other documents contained in the above numbered escrow and charge my account forthe cost incurred.Date:ANDREA SURRATT, CITY MANAGER^./ReceivedMontana Title & Escrow, Inc.BY:.CANDACE D. ELSERPage 2 of 2 - Febmary 24, 2016Instmctions - Deed - Retail121
Montana Title & Escrow, Inc.1925 N. 22nd Avenue, Suite 102Bozeman, MT 59718Phone: (406)587-7702Fax: (406)587-2891Date: 5/28/2019Escrow No.: M-24756-CEEscrow Officer: Candace ElserProperty Address:Private Open Space #1 of Oak Springs Sub Ph 4,Bozeman, MT 59718V-516853-1210-0BUYER'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$11,700.00.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 -17 as shown on the Title Commitment dated May 6, 2019The undersigned Buyer acknowledges that he/she has received and read a copy of the Preliminary Report orTitle Commitment Order No. M-24756. 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 3-5/28/2019M.LHC Buyer's Escrow Instmctions122
;BUYER:City Of Bozeman, a Municipal corporation of theState of MontanaBy:.Andrea Surratt, City ManagerBy:_Robin Crough, City ClerkMailing Address:Phone:Received by Montana Title & Escrow, Inc.By:.Email:Date:Time:Page 2 of 3-5/28/2019MLHC Buyer's Escrow Insti-uctions123
Affiliated Business Arrangement Disclosure Statement NoticeTo:From:Property:59718Date:City Of Bozeman, a Municipal corporation of the State ofMontanaMontana Title & Escrow, Inc.Private Open Space #1 of Oak Springs Sub Ph 4, Bozeman, MT5/28/2019 (Versions)Escrow Number: M-24756-CE516853-1369-0This 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.SettiemerrLServjce: Title InsuranceSettlement Service Provider: Westcor Land Title Insurance CompanyCharge or Range of Charges:2006 ALTA Standard Owners Policy $175.00$0.00Total Estimated Charges:$175.00The Charge or Range of Charges is based upon the most currently available information provided to MontanaTitle & Escrow, Inc. concerning the purchase price of the subject property (if this is a sale transaction), theamount of the loan, and the service or product requested. If these figures change during the course of thetransaction, the charge or range of charges may also change.ACKNOWLEDGMENT1/we have read this disclosure form, and understand that referring party is referring me/us to purchase theabove-described settlement services may receive a financial or other benefit as the result of this referral.City Of Bozeman, a Municipal corporation of the State of MontanaBy:Andrea Surratt, City ManagerBy:.Robin Crough, City ClerkPage 3 of 3-5/28/2019MLHC Buyer's Escrow Instructions124
SIGNHERE§ a>ill5 -y> SI s ^IllLL CO 0<in50IIII<D^."QI101i-iIu0co00ll ^.0lslsllSilll I= z <^ It^i 1:SCT (S^^II.<03UJwac00I0OQIa.wwuzu:a.w^^dps'3£S0 co§iIsI0)LU3:I—u-0I0I0z=}E<is.'$yja:°zUJ <§1IIa. co-&!Illjlsill^^10 CL ?* tStE35 's^1'?IllcoIIa: ^roa: 03co^:iiIui §gg3a-ayj ^-ni^il^^«p.-i^LU U- —ILU U- —Iw Lfc <0 13a: £0Q^^1—i CQ£^m couI^ucn01a co h=e§U G£0I!ii^^yu0I00005h; UJ ujs^ll!$^sL:E5-u]LU °-00§!1,1112^§^l!5^°0IS LU oQEo-^LUS02^^s$:?%?^^:z£^a-co0&.lililills!wQ:< a- w \-0!^aLUm20coLUQIuII^gQsQ:jaI¥^s;_•-Ic:sN11i tS Stl...Ill(0s^ss.:£;I:^?IrtM'1^1 S 5112S-j|PJ^JIJflill1?1£11='S^-S<2|liilll!'III!ItttlS_| S.-5,iilfI;^.s" s -^ ?^ ^ ^ £l? ^ £ •S.5'1ro >—sn^•st:0s.1-IS.sifijll^'s'§^50Sl 11 iI II ii•S3 '!» ° <0d- '<a ^ o c:II-^-i,|l|§illlpliilis^£^ -i.51£?^1,lllillill1!^. S '^-501 °l-E'i^ii~ro (^I ~ro•S S2 -S I.£'g)i£Q0^5^1 \sS|oIII!Is-R^sCO[^CM-Se-<-)0a-£iss-ssO)sill tl'l^laSl^ligISOS.;§IillillIll1§£^s\ SroII115CO§5^1illIlls\@1«iisII § III °1iisiii^£I-2Milliiltli.n -iIn5°^1^1^1il^lllluI-EII§n?;CM"^{IsIsII01 .WI!in .yw(0•5mQT3 ^s"gII-^>^-0icoccco• 0)"?II"%3 £-0-0TOII^ ro%J3I0)^£03 SI 81 -?^sli<DIIs °liro^s ?S o!lII.11sj^ 51^ro-i^3 atO '08sII<uII^ I1'it!-ill11.1til0 cCD P =SIllCO JQaILUu§Qz<QIa.Q.<•sI!•ssIs•sIjTO11I III2 s^i@Is1<gI^is1^1^01^8II\5125
SIGNs§§SliIlls ^s(Uif00<10co5l!a»II^II§-I &swiQ00yin<uQ:IdII^1LO-a3i==gl-I0slgis^^iis^sIUtuSc^ wQ000CM<iZwIIOQIw2-•<*£m=}(flsIws^II!iftsiu s^-0 coII15t" ^$ s> Na oa: mt£a_IsIw0Iuiyz=3<§u- x D; n0 0 ^ Em0^8o £ ^ mtf§IS3.^i10? £^11w-gIIs£533^:<ui§<0I0 ^ £Q-^^^I35a-aLU ^"!|i^^°-3 S ua- -1 Z1-1111^I LUa. i0^3ll£^IIu zwiu a:a wu ^2 <00oS0U 0:IIQeca§1<^<:0(^3UJ:c0^UJ OL3:00 5<020s§13M^i u3 luw u1^IIa 05 tuII•wg< a:IUu1-1M^UJ W^s§S8u-!li0isiili^.?s1Ul^fc-litIll§11w P SI^QLUQ;0coUJQI0I^UJf="jt-z^sasa:IaIy§ II ?r,^ s s .110)it?S~ ^~ ^ "Es „ ^.18 ^'rI^'gs£^^1•lliit!INillIti1^1Itilll^-a"iI•s^-s^I tilllsi5EsS i-S<E°IIi § is r?^ £ 'S i'lsilll^?llS £ •= 5ill|:Nil I10J3ro•at 8;1l-Sl^StuiiItllt2-i?u^lllll11^•ca.;£z:-Scn<ull|s;ittllo != roS z ^ uiiiiiTII0!t:TIsIgI•I'ii&\?•5IIcoIwgIIss^I10il^jca5IsIII!igIo3I^sI^-Iss^^-^®0F^jo3Ii-sI^.rs0IicoM8IOSEroIs&I^<uiFIII^i(0.fl!:IIll<5§s<.rI^-sIIIIi.§gIF:OstsJ"II^-fc9-IsIIsaIIU0sQIQIa.a.<-0Is•sI^•sI}roS 1I IsII^Iis!wi^•-I5^uiNa:£^ag0u^sEcnIIIJ\sIs1^II1^126