Loading...
HomeMy WebLinkAbout05- Christenot Purchase Agreement . , .. PURCHASE AGREEMENT This agreement and entered into this fl~ay of Ju/1L 2005, by and between the City of Bozeman (hereinafter the City) with offices at 411 East Main, Bozeman, Montana and Orville F. and Annette F. Christenot Trust, residing at 5200 W. Durston Rd, Bozeman, Montana 59718. RECIT ALS WHEREAS Christenot Trust owns certain real property adjacent to Durston Road in the City or Bozeman, and WHEREAS, the City desires to construct certain improvements including widening the street, installing sidewalks and constructing, replacing, maintaining or repairing water and sewer mains; and WHEREAS, it necessary for the City to acquire certain real property adjacent to Durston Road as well as a temporary construction easement in order to allow it construct these improvements; and WHEREAS, Christenot Trust has agreed to sell to the City said interests in the property. NOW THEREFORE in consideration of the mutual promises and covenants contained herein, the parties mutually promise and covenant as follows: 1. In consideration of the payments and the speci fie agreements to be performed by both parties as set forth in this agreement, Christenot Trust agrees to provide to the City a recordable quit claim deed within thirty (30) days of the City's acceptance of this agreement. The quit claim deed shall grant the City all right and title to a portion of the real property located at 5200 West Durston Road, City of Bozeman, County of Gallatin and more particularly described as follows: . , . A tract of land being part of a remainder of Tract G, Smith Subdivision as described in Doc. 2019006, as filed with the Gallatin County Clerk & Recorder, located in the northwest quarter of Section 11, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana, being more particularly described as follows: A strip of land lying south of and being 45.00 feet wide, when measured at right angles from the following line: Commencing at the northwest corner of said Section 11; thence along the north line o[said northwest quarter, South 89003' East a distance 01'910.3 feet, more or less, to the northeast comer of said Remainder Tract 6, and the True Point of Begimling. Thence continuing along the north line of said northwest quarter, and along the north line of said Remainder Tract 6, South 89003' East a distance of 189.8 feet, to the northeast corner of said Remainder Tract 6, and the end of the line herein described. The ends of said strip ofland are lengthened or shortened, as required, to temlinate on the east and west lines of said Remainder Tract 6. Said strip orland contains 8,540 square feet, more or less. 2. In exchange for the foregoing, the City agrees to pay to Christenot Trust the sum of $34,300.00. Said payment shall be made within thirty (30) days of the City's successful recording of the quit claim deed and temporary easement. All payments under this agreement shall be made to Orville F. and Annette F. Christenot Trust and mailed to 5200 West Durston, Bozeman, Montana 59772-3654. The parties mutually understand and agree that this payment includes compensation for the removal of trees and hedge as set forth in the temporary construction agreement. 3. The parties mutually understand and agree that possession ofthe property will be turned ovcr to the City of Bozeman at the time the deed is accepted by the City. The parties furthcr agree that the City shall havc right of entry from datc the Temporary Easement is accepted by the City until the project is fully completed. " 4. The City of Bozeman shall be responsible for all costs and fees associated with this transaction, including but not limited to the preparation of all documents of transfer, closing fees and recording fees. 5. This Agreement shall be construed and governed by the laws in the State of Montana. In the event of litigation concerning this agreement, the proper venue shall be the Eighteenth Judicial District Court, Gallatin County Montana. 6. All terms of this agreement shall be binding upon and inure to the benefit of, and be enforceable by the heirs, assigns and personal representatives of the parties. 7. In the event either party resorts to litigation to enforce any of the tenns or conditions ofthis agreement, then the prevailing party shall be entitled to reasonable attorney's fees and costs, to include fees, costs, and salary of in-house counsel. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year as written below. LANDOWNER (__~~~'1. '-cllr: c3:-, ~;:'~l~::T'-c ~.Z::=~-l__2LJLl4u y S-" Orville F. Christenot Trust (Date) r,l " :' :1. C.,k/LL'~~:Z'-'~'-" t",~_i!- /{.J-("/-"\..i",,.,t:t~-- 27,~-u /(1,S'- Annette F. Christenot Trust (Date) THE CITY OF BOZEMAN (,~A.~ Jul..t.J~2005 Chris A. Kukulski, City Manager (Date) --.------.--- (;:}WO) UO~SS~LULUO;) Al!;) ClllljO XJ:)D S002 '8I ^'lnr ~77{) :.UI a3lStLlIV . .