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HomeMy WebLinkAbout07-15-19 City Commission Packet Materials - C9. Public Use Easement and ROW with Bozeman Main and 15th and BSD7 for 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 Bozeman Main and 15th Avenue Shopping Center, LLC 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: July 15, 2019 RECOMMENDATION: Authorize the City Manager to sign a Public Use Easement and Right-of-Way documents with Bozeman Main and 15th Avenue Shopping Center, LLC 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. 177 Attachments: Cover Letter (to Bozeman High School District #7), Memorandum of Agreement, Public Use Easement, Temporary Construction Permit, and supporting documentation 178 SANDERSON^ISTEWART'June 24, 2019Bozeman School District #7c/o Steve Johnson and Todd SwinehartP.O. Box 520Bozeman, MT 59771-0520Reference: 15th and Beall Roundabout R/W Acquisition — Closing for Parcel 3Dear Mr. Johnson and Mr. Swlnehart:We've completed the agreement with the owners of Parcel 3 for the 15th and Beall Roundaboutproject. To be able to execute the agreement and close on the acquisition, the High School and Cityneed to sign the attached documents where indicated and prepare a check with the exact amountspecified by the tide company. The check should be made out to Montana Title and Escrow inthe amount of $749.00. An iteraized Ust of the final closing costs is included in the attached finalclosing statement. ^^~ ^'£.f^)L 7^/^T- ^>->/4.c. /=^-^. -The attached documents need to be signed (notari2ed as applicable) by the High School and the Cityand returned to Sanderson Stewart. The documents have been fiiUy signed by the propertyowners where reqiiired. The High School is required to sign the Memorandum of Agreement,Waiver Valuation, Escrow Instcucrions, Buyet's Instructions, and Closing Statements. The City isrequired to sign the Public Use Easement (notarized), Buyer's Instructions, and Closing Statements.Once both the High School and the City complete the signing of the attached documents, I wiUproceed with closing out the agreement for this parcel. The easement and permit wiU be recorded,acheck will be delivered to the property owners along with a copy of the final documents, and theoriginal documents will be returned to the High School and City as necessary. At that point, theagreement will be fiiUy 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.SincerelyTony~Gaddo, PE, REALTOR®Senior Engineer | Right-of-Way SpecialistTGEnc.BillingsBozemanDenverFort ColtinsSandersonStewart.comSANDERSONSTEWART.and we're /usf getting started179 "•S^^Sasa'!WVSS!:^^•^^WWW^^-v-^XtWSSE^Bozeman High School District #7:.tyT^m^^^^v^^^^^^.^ ^^.^^.ij Project Name: 15th and Bealli Project No: 18077iii Parcel No: 3-1 & 3-2(':fesSS^ssKSii^^sssasss^fsis:^"^.I.MEMORANDUM OF AGREEMENTThis^Memorandum of Agreement (the "Agreement") has been reached this 6 day of'3\3t4<^ _, 20^., between the Bozeman Main and 15th Avenue Shopping Center, LLC, aDelaware Limited Liability Company (hereinafter the "GRANTOR"), the owner of Lot 2 of MinorSubdivision No. 352, located in the NW1/4 of Section 12, Township 2 South, Range 5 East, P.M.M., City ofBozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the officeof the County Clerk and Recorder of Gallatin County, Montana, and the Bozeman High School District#7, (hereinafter the "GRANTEE"), for the purchase of said property interest(s). The compensationamount to be paid and other considerations to be given in full satisfaction of this Agreement are asfollows:Compensation:Parcel 3-1: Public Use Easement563 sq.ft*Cost to cure:$0.00$0.00Parcel 3-2: Temporary Construction Permit1,122sq.ft.*$0.00$0.00* Figure 1Considerations:Total (rounded) | $0.001. 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. Subjectto matters of record, GRANTOR certifies that any known encumbrances on the property are shownon this Agreement. If GRANTOR sells their remaining property prior to the project being constructed,GRANTOR agrees to provide the purchaser(s) with a copy of this entire Agreement and agree tomake the sale of their remaining property subject to all the terms and conditions contained in thisAgreement. GRANTOR agrees that they will, at the GRANTEE'S request, execute deeds and/oreasements required by for all real 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 GRANTEE.SANDERSON^*ST E WARTPage 1 of 215th and Beall18077Parcel 3-1 & 3-2180 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 GRANTOR and GRANTEE acknowledge and agree that the GRANTEE will construct a newapproach as shown on the attached Figure 2 at the GRANTEE'S expense.8. The GRANTOR and GRANTEE acknowledge and agree that the existing drive approach, as shownon the attached Figure 1 , will be removed at the GRANTEE'S expense after the new approach isinstalled (as shown on Figure 2).Of the total amount of compensation hereinabove agreed upon, the sum of $0.00 shall be paid upon executionand delivery of a good and sufficient: Kl Public Use Easement and K| Temporary Construction Permit.Disbursement of funds will be made in the following manner:GRANTOR Amount of PaymentBozeman Main and 15th Avenue Shopping Center, LLC$0.00The 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.BOZEMAN MAIN AND 15TH AVENUE SHOPPING CENTER, LLC,a Delaware Limited Liability CompanyikDate: ^'30-(^Steven Usdan,'managing member ofCCA Acquisition Company, LLC,Managing Member of Bozeman Main and 15th Avenue Shopping Center, LLCBOZEMAN HIGH SCHOOL DISTRICT #7t^<r-NLame: ^rruic^ 2>.'~J^'<^'S^Title: ye^r/ c^jspT- c>r^ii>/^»^sDate:^/•i1///^SANDERSON%*STEWARTPage 2 of 215th and Beall18077Parcel 3-1 & 3-2181 FIGURE 1R/W ACQUISITIONWITHINLOT 2 OF MINOR SUB. 352. S12, T2S, R5EPREPARED FOR : BSD #7 / CITC OF BOZEMANPREPARED BY : SANDE RSON ST EWA R T@OCTOBER, 2018BOZEMAN, MONTANASB-LBEACCSTRE'ET^ *•-sf•NEWi CURB/GU»-aTTER'-s^.NEW&SIDEWALK•Ki.-A.;t'.*ss-REMOVErm i TREEi*:»i»ii.2te-^••.*®^^^\y<»EXISTINGPROPERTY%UNE<•:(TVP)\a(i.\fr\.>•V-PARCEL 5-1PUBLIC USEEASEMENT^Wti•<w<"•;^^^..'EXISTING»^a»IRRIGATIONDITCH>«•••..-<. ^<I- EXISTING^APPROACH TOBE REMOVEDI».,\.*.<*'.a•s'4^•ao:/Kak0;! PARCEL 3-2Bt TEMPORARYS CONSTRUCTIONPERMITm'^.i/ i/•SS^.iF-"/9*t»-»'s:iws"'rx 'yw^w^atf"i1.NOTES:1. AERIAL IMAGE LOCATIONS AREAPPROXIMATE AND MAY NOT BE EXACT.2. NEW SIDEWALK AND PEDESTRIAN RAMPLOCATIONS ARE PRELIMINARY AND ARESUBJECT TO CHANGE.^ISIS30SCALE: !-• 30'15TH AND BEALLPARCEL 3-1*3-218077_EX;-IBITS.DWG18077 10/24/i8 CMK./TG182 FIGURE 2WEST BEALL STREETVfiVIu^'-NEWAPPROACH"toL-n^€^LLT3S WU)°s2c.-^\0- N^sri••0^i\^v^5m0p^•e%-^0^<u3c:<u^-r<D «^10^^ ^))0St —183 ',Return to:Sanderson Stewart106 East BabcockMT 59715'.L^°;;;~-;';:;£:-^:"^"^^j!i;^^:.;'-"::^1^"^':;;"->;1^^-^--^'™?-^-WS:;™,:~?^^:^.:ss.Bozeman High School District #7L'^'.^;::»^:^wS,^S^.^^^Ki?^^:^^?»sSS^K3S.S3S;'^^ ••^:.-Project Name: 15th and BeallProject No: 18077Parcel No: 3-1^;.'^^^^.-£^>-^^5^Sjw^£"?SS3ESSw5»%f^PUBLIC USE EASEMENTThe GRANTOR, Bozeman Main and 15th Avenue Shopping Center, LLC, a Delaware Limited LiabilityCompany, whose address is 5670 Wilshire Blvd., Ste. 1250, Los Angeles, CA 90036, for and inconsideration of One and No/100 - Dollars, and other valuable consideration, in hand paid, conveys andgrants to the GRANTEE, the City of Bozeman, a Municipal Corporation of the State of Montana, withoffices at 121 North Rouse Avenue, Bozeman Montana 59715, its successors or assignees, a perpetual,full and unrestricted easement and right-of-way in, over, under, along, through, and across the followingdescribed real property located in Gallatin County, Montana:Lot 2 of Minor Subdivision No. 352, located in the NW1/4 of Section 12, Township 2 South, Range5 East, P.M.M., City of Bozeman, Gallatin County, Montana, according to the official plat thereofon file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana.Said public use easement is depicted on Exhibit A attached hereto and more particularlydescribed as:Beginning at the Northeast corner of Lot 2 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 01° 49' 18" W, 42.89 feet along theWest right-of-way of North 15th Avenue; Thence, N 30° 19' 08" W, 25.06 feet; Thence, N 88° 10'42" W, 13.29 feet; Thence, N 01° 49'18" E, 10.00 feet to the North line of Lot 2; Thence, N 68°09' 21" E, 29.07 feet along the North line of Lot 2 to the South right-of-way of West Beall Streetand the West right-of-way of North 15th Avenue and to the point of beginning, and containing 563sq.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, provided that the removal of any improvements shall not adversely affectGRANTOR'S access to or use of GRANTOR'S property. Upon completion of said project for which accessis hereby provided, the GRANTEE shall restore the property as nearly as possible to its original condition.The failure of GRANTEE to exercise any of its rights granted herein shall not be construed as a waiver orabandonment of the right.GRANTEE agrees to maintain its improvements installed within the easement area including roads, publicutilities, curb and gutters, street signs and associated public facilities.SANDERSON^?STEWARTPage 1 of 315th and Beall18077Parcel 3-1184 GRANTOR hereby covenants with GRANTEE that GRANTOR has good title to the above-described tractof land and covenants that, subject to all matters of record, GRANTEE shall have quiet and peaceablepossession of the easement; and shall have a free and unrestricted right to access and maintain saidfacilities as long as the right-of-way of which 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 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.BOZEMAN MAIN AND 15TH AVENUE SHOPPING CENTER, LLC,a Delaware Limited Liability Company^11^Steven Usdan, managing member ofCCA Acquisition Company, LLC,Managing Member of Bozeman Main and 15th Avenue Shopping Center, LLCACKNOWLEDGMENT OF GRANTORState ofCounty ofJ)_)ss.On this .said State,.day of.-,20.IN WITNESS WHEREOF, I have habove written.bef/re me, the undersigned, a Notary Public in and for thepersonally appeared the GRANT/3R, Steven Usdan, the managing member of CCAAcquisition Company, LLC, managing membe/of Bozeman Main and 15th Avenue Shopping Center,LLC, known to me to be the identical /^dividual 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 anfi with full knowledge of its contents, for the uses and purposestherein mentioned.(Se;'eunto set my hand and affixed my official seal this day and yearNotary Signature LineNotary Printed NameNotary Public for the State of.Residing at:My Commission Expires://20_SEE ATTACHEDCA CERTIFICATESANDERSON^STEWARTPage 2 of 315th and Beall18077Parcel 3-1185 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189y^'^^x^^y^^^<-fyf^^^^-^^x^^^^y^^^y.fy^^^<-^^^A notary public or other officer completing this certificate verifies only the identity of the individual who signed thedocument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.State of CaliforniaCounty of Los Angeles)On^'\oaa^3-CI> ^t.clDatebefore me, Lori Guttenberg, Notary Publicpersonally appearedSh^^ 1')<<AHere Insert Name and Title of the Officerd-v-».NameJ/^ of Signer^.?who proved to me on the basis of satisfactory evidence to be the person^ whose name(3)f i§)'ate-ibscribed to the within instrument and acknowledged to me that(h^/shs/they' executed the same in^hi^hefi^twtr authorized capacity(ies), and that by^ffi^ytetAbeip signature^ on the instrument the person(s);or the entity upon behalf of which the person(sy acted, executed the instrument.I certify under PENALTY OF PERJURY under the lawsof the State of California that the foregoing paragraphis true and correct.i^^3-c*ms^}w;-'\LORIGUTTENBERGNotary Public - CaliforniaLos Angeles CountyCommission * 2284447My Corrn. Expi-es May 3. 2023WITNESS my hand and official seal.SignaturePublicSignature of NotPlace Notary Seal AboveOPTIONALThough this section is optional, completing this information can deter alteration of the document orfraudulent reattachment of this form to an unintended document.Description of Attached DocumentTitle or Type of Document:Document Date:Number of Pages:Signer(s) Other Than Named Above:Capacity(ies) Claimed by Signer(s)Signer's Name:D Corporate Officer — Title(s):D Partner — D Limited D GeneralD Individual D Attorney in FactD Trustee D Guardian or ConservatorD Other:Signer Is Representing:Signer's Name:d Corporate Officer - Title(s):D Partner — D Limited D GeneralD Individual D Attorney in FactD Trustee D Guardian or ConservatorD Other:Signer Is Representing:_X^</'<^<^<^3<3:X'^.'-E%S<,'<^<^<^'?3^^'(^<^^,fSWK<sWS<Sf-KVW:KfS<ySWSWaWiW-WaV<©2016 National Notary Association - www.NationalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #5907186 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 Montana )) ss.County of Gallatin )The foregoing instrument was acknowledged before me thisday of., 20_ byAndrea 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,above written.have hereunto set my hand and affixed my official seal this day and yearNotary Signature Line(Seal)Notary Printed NameNotary Public for the State of.Residing at:My Commission Expires://20_SANDERSON^STEWARTPage 3 of 315th and Beall18077Parcel 3-1187 tEXHIBIT APUBLIC USE EASEMENTWITHINLOT 2 OF MINOR SUB. 352, S12, T2S, R5EPREPARED FOR : BSD #7 / CIPf- OF BOZEMANPREPARED BY : SAN DE RSO N STEWARTOCTOBER, 2018BOZEMAN, MONTANABEASTETESTLPOBZ3^<\-^-3:LDPARCEL 3-1PUBLIC USEEASEMENTEXISTINGPROPERTr LINE(TYP)\'->^'"\ >^\ \ \ EXISTING UTILITYEASEMENT TO MPC^ \ \ ^<\ \ \ \ \(21FM1245)\-c\<\ \ ^ \\\\\ \ \ \PCH^\ <\\\\\\\\\\\\^\>^\ \\\\\\\\\\\\\\\EXISTING IRRIGATION ^\\\\\\\\\.\\\\\\\\\,\\\\\\\\\\\\\\\\\\\\ \^\ \ \ ^,^,.,^^.^,,\,^ \\\\ \ \ \ \-^<^ ^^liitlj"^ ^ >^ ^ ^ i\ \ \>^\ \ UTILITIES (MINOR 352) \ \> \\ \ \ \\\\^\\\\\\\ \-^. \\\\\\\\1\.\\\\\\\\^><^\\\ EXISTING STORM ' -^\ \ \^\^ v^.^ ^^ > v ^'ONRAG3E52E)ASEMENT > |> ^£ \^^Nc^sl^\<'^IT-\<<\\ \\\\ \ \ \\\ \ \ \\ \ \ \\\DITCH EASEMENT(MINOR 352)\\\\\\\\\\0z\ NlM>10"'.\'<!\\\ \ \\EXISTING UTILITYEASEMENT(MINOR 352)v12\\1^;\1\1 \1\\\ \ \1\N30;^]\/\\^^/\1\ \L1 S 01- 49' 18" W, 42.89 FEETL2 N 50- 19' 08" W, 25.06 FEETL3 N 88- 10' 42" W, 13.29 FEETL4 N 01- 49' 18" E, 10.00 FEETL5 N 68- 09' 21" E, 29.07 FEET^3015SCALE:!" » 30'R/W LEGENDEXISTING ROAD R/WSSa NEW EASEMENT AREAAREA REMAINING15TH AND BEALLPARCEL 3-118077_EXHIBITS.DWG18077 10/24/18 CMKAG188 «•IReturn to:Sanderson Stewart106 EastBabcockBozeman, MT 59715^^'^•^"•'"ys^"~^"::5'™£""%.'™M<S£:**";6~S^;**"2^i.Bozeman High School District #7Project Name: 15th and BeallProject No: 18077Parcel No: 3-2^.VwS£V.£'»^'y^S~'S-..-.ii^r^^^.ss,"^_.^-:TEMPORARY CONSTRUCTION PERMITThe GRANTOR, Bozeman Main and 15th Avenue Shopping Center, LLC, a Delaware Limited LiabilityCompany, whose address is 5670 Wilshire Blvd., Ste. 1250, Los Angeles, CA 90036, for and inconsideration of One and No/100 - Dollars, and other valuable consideration, in hand paid, grants to theGRANTEE, the Bozeman High School District #7, whose address is P.O. Box 520, Bozeman, MT59771-0520, 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:Lot 2 of Minor Subdivision No. 352, located in the NW1/4 of Section 12, Township 2 South, Range5 East, P.M.M., City of Bozeman, Gallatin County, Montana, according to the official plat thereofon file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana.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 West right-of-way of North 15th Avenue, from which point the Northeast comer of Lot 2 bears N 01° 49'18"E, 42.89 feet, said point of beginning; Thence, from said point of beginning, S 01° 49'18"W,64.42 feet along the West right-of-way of North 15th Avenue; Thence,N 88°10'42" W, 10.00 feet;Thence, N 01° 49' 18" E, 61.54 feet; Thence, N 30° 19' 08" W, 16.65 feet; Thence, N 88°10'42"W, 17.77 feet; Thence, N 01° 49' 18" E, 15.62 feet to the North line of Lot 2; Thence, N 68° 09'21" E, 10.92 feet along the North tine of Lot 2; Thence, S 01° 49' 18" W, 10.00 feet; Thence, S88° 10' 42" E, 13.29 feet; Thence, S 30° 19' 08" E, 25.06 feet to the West right-of-way of North15th Avenue and to the point of beginning, and containing 1,122 sq.ft., more or less, as shown onExhibit 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 3-2. Said parcel, containing 1,122 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.SANDERSON^STEWARTPage 1 of 215th and Beall18077Parcel 3-2189 IUpon 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, indemnify, defend andhold GRANTOR harmless from any and all liability, damage, cost or expense that may result or arise fromthe exercise of the rights granted hereby.GRANTEE shall perform all work in compliance with good industry standards and shall not interfere withthe use or access to GRANTOR'S adjacent remaining property.GRANTOR hereby covenants with GRANTEE that GRANTOR has good title to the above-described tractof land and covenants that, subject to matters of record, GRANTEE shall have quiet and peaceablepossession thereof and use thereof during the period of this Temporary Construction Permit. ThisTemporary Permit is in effect for a period beginning the 1st day of construction on the property, andending two (2) years later, at which time this permit shall expire and be of no force and effect.BOZEMAN MAIN AND 15TH AVENUE SHOPPING CENTER, LLC,a Delaware Limited Liability Companyj4^Steven Usdan, m^hagiftg member ofCCA Acquisition Company, LLC,Managing Member of Bozeman Main and 15th Avenue Shopping Center, LLCACKNOWLEDGMENT OF GRANTORState of.County ofJ)ss.-)On this _ day of_, 20_, bpfore me, the undersigned, a Notary Public in and for thesaid State, personally appeared the GRAISPTOR, Steven Usdan, the managing member of CCAAcquisition Company, LLC, managing memji6r of Bozeman Main and 15th Avenue Shopping Center,LLC, known to me to be the identicpf 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/&nd with full knowledge of its contents, for the uses and purposestherein mentioned. /IN WITNESS WHEREOF, I haveabove written.hereunto set my hand and affixed my official seal this day and yearNotary Signature Line(Seal)SEE ATTACHEDCA CERTIFICATENotary Printed NameNotary Public for the State of.Residing at:My Commission Expires://2Q_SANDERSON^£tSTEWARTPage 2 of 215th and Beall18077Parcel 3-2190 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189y/c^x^^^^yx^x'<~-<^^^x^xy^y-(Wxy^^"^^^^^A notary public or other officer completing this certificate verifies only the identity of the individual who signed thedocument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.State of CaliforniaCounty of Los AngelesOnT^o^^^ ^C\€{)_2?3atebefore me, Lori Guttenberg, Notary Public<^ni_personally appeared C?\-&'v)&v\ U&AL(?-v\Here Insert Name and Title of the OfficerNamefafof Signer^who proved to me on the basis of satisfactory evidence to be the personj^Twhose name^(issubscribed to the within instrument and acknowledged to me that^lT^sheAhey executed the same in^i^bQr/their-authorized capacity(ies), and that by^^bwft'fwrr signature^^'on the instrument the person(s)-,or the entity upon behalf of which the person(^acted, executed the instrument.I certify under PENALTY OF PERJURY under the lawsof the State of California that the foregoing paragraphis true and correct.)%-«!.?¥^1y-a<KLORIGUTTENBERGNotary Public - CaliforniiLos Angeles CountyCommission < 2284447My Comm. Expires May 3, 2023}WITNESS my hand and official seal.Signature/\rsv-PublicSignature of No,Place Notary Seal AboveOPTIONALThough this section is optional, completing this information can deter alteration of the document orfraudulent reattachment of this form to an unintended document.Description of Attached DocumentTitle or Type of Document:Document Date:Number of Pages:Signer(s) Other Than Named Above:Capacity(ies) Claimed by Signer(s)Signer's Name:D Corporate Officer — Title(s):a Partner - D Limited D GeneralD Individual D Attorney in FactD Trustee D Guardian or Conservatora Other:Signer Is Representing:Signer's Name:D Corporate Officer — Title(s):a Partner — D Limited D GeneralD Individual D Attorney in FactD Trustee D Guardian or Consen/atora Other:Signer Is Representing:XySSW-f^SWWs'WSWfSVSSWsVSVfx'^<y^w^t^i.x^ffvfffsu<sff<^vff^e<s<.^c<^^©2016 National Notary Association - www.NationalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #5907191 iEXHIBIT ATEMPORARY CONSTRUCTION PERMITWITHINLOT 2 OF MINOR SUB. 352, S12, T2S, R5EPREPARED FOR :PREPARED BY :BSD #7 / CITY OF BOZEMANSANDERSONSTEWART''WES^.BEAL^.OCTOBER, 2018BOZEMAN, MONTANAS TREE./cr-\ \ \\ \ \ \\ \ \ \\ \ \ \\ \ \ \\ \ v-><<^ \EXISTINGPROPERTf LINE(TYP)•\>-\'\ \'\ >-\ \ \ \ \>^^ PARCEL 5-2-N ^^ \ \ N TEMPORARY>^ \\ \\ \ \ CONSTRUCTION -:\ >^\ \ \ \ \ \\\\PERMIT -<\EXISTING IRRIGATIONDiTCH"EASEMENTi~" '\ \ \ \ (MINOR 352) ^\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \%\ \^ EXISTING EASEMENT \\\\\\\V^<\ \\Tn\ >^\ roR^y?ATE:R UNE' \ \SEWER'LINE AND\ \ \<\ \ UTILI-HES (MINOR 352) \ V^< \\ \\ \ \\\^\\\\\\^ Y<\\\\\\\\_\\\\\\\^^<<\\\\ EXISTING STORM ' ^\ \ \ ^V-K \ \\ \\\ \\> <'\* \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\(21FM1245)Tdco\ >t0'gg^<Kbn\z/POB-s>^<./^\N\I/^/roX\1-£/^\-^0\ \\ \12•t><.4i\EXISTING UTILITYEASEMENT(MINOR 352)\\/^I^\ \ \\\7,?0-^EXISTING STORMDRAINAGE EASEMENT(MINOR 352)\\ \\ \ \\EXISTING UTILITYEASEMENT TO MFC . \. \\L1L2L3L4L5L6L7L8L9sNNNNNNssor 49'88- 10'01- 49'30' 19'88' 10'01- 49'**18"42"18"08"42'18"68- 09' 21"01' 49' 18"88- 10')))»W, 64.42E, 10.00E, 61.54W, 16.65W, 17.77E, 15.62E,10.92W, 10.00E, 13.29L10 S 50' 19' 08" E, 25.0642"FEETFEETFEETFEETFEETFEETFEETFEETFEETFEET^15_01530SCALE:!" = 30'R/W LEGENDEXISTING ROAD R/WBU NEW PERMIT AREAAREA REMAINING15TH AND BEALLPARCEL 3-218077_EXHIBITS.DWG18077 10/24/18 CMKAG192 <,^iINSTRUCTIONS TO:Montana Title & Escrow, Inc.1925 N. 22nd Avenue, Suite 102Bozeman, MT 59718DATE:A^-iiruKrr131274-1004RE: ESCROW NO.: M-23891PROPERTY:Parcel 3TBD N. 15th Ave., Bozeman MTYou 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 delivery of said instrument or (Check One)X Provided you hold for the account of the undersigned the sum of $0.00to be paid to Bozeman Main and 15th Avenue Shopping Center, LLCI 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:^Date:Name: S-lt^US^Title: KA^L^^ mt^h^r->t>-Z^m^ ^\/Wn AnJ^ 1^ h^r^lJLc^C^^1-1<?Page 1 of 2 - February 24, 2016Instructions - Deed - Retail193 \(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 andTEMPORARY CONSTRUCTION PERMIT concurrently with the other documents contained in theabove numbered escrow and charge my account for the cost incurred.^k<r-Date: ^/Nai^e: ^rC^S. ^ D. ^ft^-ro ^Title:^>£/='<^yj'^^r: Gps.n^t^v^ Bozeman hligh^^7"School District #7ReceivedMontana Title & Escrow, Inc.BY:_CANDACE D. ELSERPage 2 of 2 - February 24, 2016Instructions - Deed - Retail194 Montana Title & Escrow, Inc.1925 N. 22nd Avenue, Suite 102Bozeman, MT 59718Phone: (406)587-7702Fax: (406)587-2891Date: 6/17/2019Escrow No.: M-23891-CEEscrow Officer: Candace ElserProperty Address:TBD North 15th Avenue, Bozeman, MT 59715464067-1210-0BUYER'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$0.00.Title to be as vested in the name of: THE CITY OF BOZEMAN, A MONTANA MUNICIPAL CORPORATIONSUBJECT TO:1. All printed exceptions and conditions in the policy.2. All general and special taxes as shown in Item 6 below.3. The lien of supplemental taxes which may be assessed as a result of revised assessed values.4. Bond and/or Special Assessments not delinquent.5. Covenants, Conditions, Restrictions, Easements, Reservations now of record6. Exceptions Numbered: 1 -20 as shown on the Title Commitment dated September 4, 2018The undersigned Buyer acknowledges that he/she has received and read a copy of the Preliminary Report orTitle Commitment Order No. M-23891 . Seller to acknowledge that the information contained in the PreliminaryReport is correct to the best of his/her knowledge.The receipt by escrow of all documents and monies required to transfer title in accordance with theseinstructions shall be deemed as sufficient indication that all contingencies and/or conditions contained in thePurchase Agreement by and between the within Buyers and Sellers have been removed, complied with, or willbe satisfied outside of escrow.Page 1 of 2-6/17/2019MLHC Buyer's Escrow Instructions195 >1These instructions are effective until revoked by any of the undersigned through written demand delivered toEscrow Holder. I hereby agree to pay all my proper costs and fees, including any adjustments, and requestyou to remit balance to me at the address shown below. Buyer's estimated settlement statement attachedhereto and made a part hereof.BUYER:THE CITY OF BOZEMAN, A MONTANA MUNICIPALCORPORATIONBy:_Andrea Surratt, City ManagerBy:.Robin Crough, City ClerkRead and Approved:Bozeman High School District #7:Mr^ —By:$rS</<S^ 2>.r?£^/<Afi>^, Dgp^r/ S^P-r £»^tn>VTZ^<SMailing Address: 7:?o Soy ST2^°Sotf^/h^. ff^T ^-97^ S'Phone: Voc, • ^"z-'Z--4,<& ^^Received by Montana Title & Escrow, Inc.By:_ Date:_Email: ^rf^c. 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