HomeMy WebLinkAbout82- National Development Corp.
1 ,
. .
NATIONAL DEVELOPMENT CORPORATION
DENVER CORPORATE CENTER . 4700 SO. SYRACUSE PARKWAY
SUITE 803 . DENVER, COLORADO 80237 . 3031779-0279 JUN 1 1982
SURPLUS SITE DEVELOPERS
May 5, 1982 HAND DELIVERED BY STEPHEN K. GREEr!
r'1r. Donald H. Sa rri ck
Asst. City f1anager
City of Bozeman
P. O. Box 640
Bozenan, MT 59715
RE: 1303 ~l. 7th Avenue
BozelTlan, tH
t1r. Sa rri ck :
Reference your 1 etters du ted October 21, 1981 and r1ay 2, 1982, and our phone
conversations of t'Jednesday, April 14, 1982, and \'Jednesday, r1ay 5, 1982. National
Development Corporation (rJDC) is agreeable to exchanging a forty (40) foot strip
of land along the southern boundary of its property located at Horth 7th Avenue
and Oak St. for a forty (40) foot strip of land owned by the City of Bozeman (the
City) which land lies along the northern boundary of said property owned by nDC.
The agreement is contingent upon the following terMs:
1. Both forty (40) foot strips of land will be traded free and clear
of all encumbrances thereon.
2. The forty (40) foot strip traded to imC by the City is to be brought
to grade, 1 evel ed, and paved cons i stent \'lith adjoi ni ng property Dlmed
by imC, either nO\'J or at such time as use of the strip of land traded
-.- to the City is no longer possible.
3. Curbs, gutters and access cuts comparable to those existing now w~~l
be installed at City expense on tile new property, at such time as the
use of the strip bein0 traded by !'lDC is no longer possible.
4. The City \'Ji11 !]rant, at no expense to rlDC, an easement in Qross
to use the prooerty deeded by NDC to the City for parking, inrJress/
egress, and otiler business purl')oses until sue;) time as that land is
actually needed for tile extension of Oak St.
5. The City will be responsible for all expenses necessary to complete
the transaction to include but not be limited to: preparation and
recording of documents; staked survey showing NOC's new combined prooerty
description and revised lot lines; for a new title policy with extended
coverage from Pioneer national Title Ins. Co. for the entire tract.
6. Assuming that the existing buildin') is not located within the forty
(40) foot stri~ of land to be traded by flOC, the City ''Jill grant a
perpetual variance of the building setbac~ line for the south end
of the existing building.
,
May 5. 1982 .
" Mr. Donald H. Barrick
Page 2
7. If a building encroachment is created on the forty (40) foot strip
of land traded to the City by NOC. the City will. at NOCls election.
a) allow the encroachment to remain indefinitely. or;
b) raze the building and reimburse NOC for the fair market value
of said building. or;
c) relocate the building to cure the encroachment.
s. Should it be the case that the existing building lies outside of the
forty (40) foot strip of land bein~ traded by NOC. the City. at such
time as it seeks to acquire additional right-of-way. will make every
reasonable effort to acquire such additional right-of-way from the
south side of Oak St.. recognizing the fact that NOC will have already
given UP forty (40) feet of its land for right-of-way purposes.
If you judge these terms as equitable. please indicate your acceptance by havinq
the proper City official sign this letter in the space provided below. have that
signature attested and notarized. and return same to my attention.
Morri s rL ar er
Vice President
Accepted and agreed to this 24th day of Mav , 1982.
BYA;:;t:~J~ ~
Name printed and title
STATE OF ~10NTANA )
)
COUNTY OF )
The foregoing instrument was acknowledged before me this 24th day of May .
1982 by Alfred M. stiff · ~~~nf .
(Name) "[T it e
S EA L
otary Public for the State of Montana.
-- County of Galla tin
Residing at Bozeman, Montana
My Commission Expires: April iO, lqRS
. -.
.
NATIONAL DEVELOPMENT CORPORATION
DENVER CORPORATE CENTER . 4700 SO. SYRACUSE PARKWAY
SUITE 803 . DENVER, COLORADO 80237 . 303/779-0279
SURPLUS SITE DEVELOPERS
June 3, 1982
Mr. Donald H. Barrick
Asst. City Manager'
City of Gozeman
P. O. Box 640
Bozeman, MT 59715
RE: 1303 fl. 7th Avenue
Bozeman, MT
Mr. Ba rri ck ,
Enclosed are the eight (8) executed certificates of survey as requested.
Also enclosed is an original agreement for your file.
To confirm our telephone conversation yesterday, an "as-built" survey plat
describing our remainder (Tract "A" and Block 1, Lot 5, Tange1s addition)
as one parcel will be provided by the City of 80zeman at a later date.
We are in no rush for the aforementioned plat. Our preference would be
to have said plat show placement of the completed inprovements.w~ich are
now in progress.
Thank you for your continued aS$istance.
.
Nonie Hurst-Romans
~1anager
Fee Lands Department .
NHR:pkd
Enclsoures: 8 certificates of survey
executed agreement between
I~ational Development Cor;:Joration
and City of Bozeman