HomeMy WebLinkAbout12-09-19 City Commission Packet Materials - C5. MOA, Public Use Easement, ROW Documents with Witt Family for West Babcock
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 Witt Family Investments for
improvements to West Babcock Street between 15th and 19th
Avenues (CIP Project #SIF118).
AGENDA ITEM TYPE: Consent
MEETING DATE: December 9, 2019
RECOMMENDATION: Authorize the City Manager to sign a Public Use Easement and Right-of-Way documents with Witt Family Investments for
improvements to West Babcock Street between 15th and 19th
Avenues (CIP Project #SIF118).
BACKGROUND: By adopting the City of Bozeman Capital Improvement Plan the City Commission has directed staff to improve West Babcock Street between 15th and 19th Avenues.
In order to carry out that direction it is necessary to acquire the Right-of-Way described herein.
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. The valuations used for these acquisitions were performed under the direction of Sanderson Stewart.
UNRESOLVED ISSUES: None.
FISCAL EFFECTS: The total cost of these acquisitions is $24,100.00 which will be paid for using the Street Impact Fee Fund.
ALTERNATIVES: As suggested by the City Commission.
Attachments: Cover Letter, Memorandum of Agreement, Public Use Easement, and supporting documentation
60
SANDERSON^STEWART'KS31November 19, 2019City ofBo2emanc/o Shawn Kohtz, PECity Engineer20 East Olive St.Bozeman, MT 59715Reference: W. Babcock St. R/W Acquisition — Closing for Parcels 9 and 18Dear Mr. Kohtz:We've completed the agreement with the owners of Parcels 9 and 18 for the W. Babcock St. projectia association with the West Babcock Mixed Use development. To be able to execute theagreements and close on the acquisitions, the City needs to sign the attached documents whereindicated and prepare a wire transfer with the exact amount specified by the title company. The wrcetransfer should be sent to Montana Title and Escrow in the amount of $86,338.00. Itemized listsof the final closing costs are included in the attached final closing statements.The attached documents need to be signed (notarized as applicable) by the City and returned toSanderson Stewart. The documents have been fally signed by the property owners where reqiiired.For the two parcels, the City is required to sign the Memorandum of Agreements (2), Public UseEasements (notarized; 2), Waiver Valuations (2), Escrow Instructions (2), Buyer's Instructions (2),and Closing Statements (4).Once the City completes the signing of the attached documents, I will proceed with closing out theagreements for these parcels. The easements wiU be recorded, checks will be delivered to theproperty owners along with a copy of the final documents, and the original documents wiU bereturned to the City. At that point, the agreement 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 email (tgaddo(a),sandersonstewaft.com) or phone 406 | 922-4304.Sincerely,Tony Gaddo, PE, REALTOR®Senior Engineer | Right-of-Way SpecialistTGEnc.BillingsBozemanDenverFort CollinsSanders on Stewart. coinSANDERSONSTEWART.and we're just getting started61
^^-%;uAi^^City of BozemanEngineering DivisionPublic Works DepartmentProject Name: W Babcock R/WProject No: 19042Parcel No: 18-1MEMORANDUM OF AGREEMENT^This ^M.emorandum of Agreement (the "Agreement") has been reached this 10 day of<£fcU<^' , 20_^, between Witt Family Investments, LTD., (hereinafter the ^GRANTORS"),the owners of Lot 1 of the Amended Plat of Moe's Subdivision to the City of Bozeman, Gallatin County,Montana, according to the official plat thereof on file and of record in the office of the County Clerk andRecorder of Gallatin County, Montana, and the City of Bozeman, a Municipal Corporation of the State ofMontana (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 18-1: Public Use Easement1,020sq.Tt.*Cost to cure:$23,460$600* Figure 1Total (rounded) | $24,100.00Considerations:1. 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.GRANTORS certifies that any known encumbrances on the property are shown on this Agreement. IfGRANTORS sells their remaining property prior to the project being constructed, GRANTORS agreesto provide 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. GRANTORSagrees 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 GRANTORS.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 GRANTORS 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 GRANTORS 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;STEWART^rPage 1 of 2W Babcock R/W19042Parcel 18-162
6. The property transfer shall be effective upon acceptance by GRANTORS and GRANTEE, evidencedby the execution of this Agreement by the GRANTORS and GRANTEE and payment of thecompensation amount.7. The GRANTORS and GRANTEE agree that the existing trees and bushes to be removed and theexisting business sign to be reset will be completed during future road improvement projectsimpacting those features at the expense of the road improvement project.Of the total amount of compensation hereinabove agreed upon, the sum of $24,100.00 shall be paid uponexecution and delivery of a good and sufficient: ^ Public Use Easement and D Temporary ConstructionPermit.Disbursement of funds will be made in the following manner:GRANTORSAmount of PaymentWitt Family Investments, LTD.$24,100.00The GRANTORS certify 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.WITT FAMILY INVESTMENTS, LTD..^^^ /^^/^^ Date: O^h^ .^^^?~vs6^^^-^'^Tit'e:^^^wCITY OF BOZEMANBy: Andrea SurrattCity ManagerATTEST:By: Robin CroughCity ClerkDate:Date:SANDERSON;STEWART^rPage 2 of 2W Babcock R/W19042Parcel 18-163
FIGURE 1PRELIMINARY RIGHT-OF-WAY ACQUISITIONWITHINLOT 1, AMD. MOE'S SUBDIVISION, S12, T2S, R5E, P.M.M.PREPARED FOR : AV MT1, LLC / CITY OF BOZEMANPREPARED BY : SANDERSON STEWART iJULY, 2019BOZEMAN, MONTANA.y^^asSF-Vr-1-3^;1^^^^^8&^^>"^.ITsa! REMOVETREES/BUSHESRESET BUSINESS SIGN—W^K.. . . ,.A^- - - -^\'^//.'•.Ir)-r1t^.. '.-~T/At*?sf.t'-^.yA,..^:l. ^£^8l<^~.^:->i^a*•^a1»!»tv.]Jff?s^'ru.^PARCEL,^;^ PUB LIC8fi6:..EXISTINGPROPERTYUSELINEEASEMENT(TYP)sm;1-§•»?Pls18vt.^•y *.Isyk*-•^r^*nNOTES:1. AERIAL IMAGE LOCATIONS AREAPPROXIMATE AND MAY NOT BE EXACT.^^2002040SCALE:!" =40'W BABCOCK R/WPARCEL 18-119042_ROW EXHIBITS.DWG190427/15/19 TG64
1"Return to:Sanderson Stewart106 East BabcockBozeman, MT 59715^:yiM^;0d^sCity of BozemanEngineering DivisionPublic Works DepartmentProject Name: W Babcock R/WProject No: 19042Parcel No: 18-1PUBLIC USE EASEMENTThe GRANTOR, Witt Family Investments, LTD., whose address is P.O. Box 1273, Bozeman, MT59771, 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:Lot 1 of the Amended Plat of Moe's Subdivision to the City of Bozeman, Gallatin County,Montana, according to the official plat thereof on file and of record in the office of the CountyClerk and Recorder of Gallatin County, Montana. (Plat 1-32-A)Said public use easement is depicted on Exhibit A attached hereto and more particularlydescribed as:Beginning at the Northwest comer of Lot 1 and the easement herein described, being a point onthe South right-of-way of West Babcock Street, said point of beginning; Thence, from said point ofbeginning, S 89° 58' 07" E, 68.00 feet along the South right-of-way of West Babcock Street to theEast line of Lot 1; Thence, S 00° 14'05" W, 15.00feet along the East line of Lot 1; Thence, N 89°58' 07" W, 68.00 feet to the West line of Lot 1; Thence, N 00° 14' 05" E, 15.00 feet along theWest line of Lot 1 to the South right-of-way of West Babcock Street and to the point of beginning,and containing 1,020 sq.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,STEWART^rPage 1 of 3W Babcock R/W19042Parcel 18-165
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.WITT FAMILY INVESTMENT?, LTD.^^vTitle:'!'^^'^/?/tfi^/^/»'/^ACKNOWLEDGMENT OF GRANTORState of ^ff^n^ )County of FwlU^) ss.J/O^davof (^Ut^On thissaid Stq^e, personally^iA&*<itl^<appeared, 20Q_, before me, the undersigned, a Notary Public in and for thethe GRANTOR, _ Ldvviy '^U^^' _ _, theof Witt Family Investments, LTD., known to me to be theidentical individual who executed the foregoing instrument, who acknowledged to me that the individualexecuted the same as the free and voluntary act of said GRANTOR, with full authority to do so and withfull knowledge of its contents, for the uses and purposes therein mentioned.IN WITNESS WHEREOF, I have hereunto set my hand and affixeabove written.ofialsealthdayandy•ar^nwiwiiii,,^.»<>S*aNY"e%<i«.•epI"s^ANTHONY QADDONotary Publlofor the State Of Montflfl.s(Sea^eskjlnflr<»t;Bozeman,My CamrrtiNton S«ip(r<w;Januay.ao,;Notary Signature LineNotary Public for theResiding at:Notary Printed,-Name/of^My Commission Expfres:J20_SANDERSON;STEWART^rPage 2 of 3W Babcock R/W19042Parcel 18-166
CERTIFICATE OF ACCEPTANCETHIS !S 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 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:/./ 20SANDERSON;STEWART^rPage 3 of 3W Babcock R/W19042Parcel 18-167
EXHIBIT APUBLIC USE EASEMENTWITHINLOT 1, AMD. MOE'S SUBDIVISION, S12, T2S, R5E, P.M.M.PREPARED FOR : AV MT1, LLC / CITY OF BOZEMANPREPARED BY : SANDERSON STEWART iJULY, 2019BOZEMAN, MONTANAwSTBACOCK STREEMINOR SUB. NO.DEDICATED ROW9POB170^t-DOC. #2331657^"^i^"^v^"?;^"^v^ss\L3 \ \EXISTING PRIVATESANITARY SEWEREASEMENT(156FM3734)LOT 1, MINOR SUB. NO. 9rEXISTINGPROPERTY LINE(TYP)PARCEL 18-1PUBLIC USEEASEMENT(1,020 SOFT.)LOT 2, AMD.MOE'S SUBDIVISIONL1 S 89- 58' 07L2 S 00- 14' 05'L3 N 89° 58' 07L4 N 00- 14' 05')tfln1)E, 68.00 FEETW, 15.00 FEETW, 68.00 FEETE, 15.00 FEET^^.02040NORTHSCALE;!" =40'R/W LEGENDV/////A EXISTING ROAD R/W•JBBiiffii NEW EASEMENT AREAfc^^^^^t AREA REMAININGW BABCOCK R/WPARCEL 18-119042_ROW EXHIBITS.DWG190427/15/19 TG68
w^^^'aIIt^^^p^City of BozemanEngineering DivisionPublic Works DepartmentProject Name: W Babcock R/WProject No: 19042Parcel No: 18-1WAIVER VALUATIONOWNERSHIP INFORMATIONProperty Owner:Witt Family Investments, LTD.Property Address:1516 W. Babcock, Bozeman, MTProperty Location:S12, T02S,ROSEPROPETY INFORMATIONPresent Use: Urban CommercialHighest and Best Use: Urban CommercialZoning Authority: CityZoning Classification: R-0 (Residential-Office District)Property Size (Before): 0.270 acresImprovements: Commercial BuildingACQUISITION INFORMATIONPartial Acquisition: SFull Acquisition: DArea to be AcquiredParcel No.Area (sq.ft.)FeePerm. EasementTemp. PermitParcel 18-1 PUE1,020DsaDaDDESCRIPTION OF ACQUISITION:Permanent rights to utilize portions of the subject property for this project are required. A permanenteasement is necessary to allow future roadway improvements to be installed along the North line of thesubject property. The present use of the subject property is for commercial 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. The SalesComparison approach is recognized as the most appropriate and reliable method for estimating the valueof land such as the subject property. Research of the local real estate market was conducted to documentrecent sales information for properties similar to the subject property. The comparable sales informationutilized to develop the opinion of value of raw, vacant land similar to the subject property is detailed below:COMPARABLE SALES INFORMATIONComp. Parcel #Subject12MLS#326233Property Address1516W.BabcockBozeman, MT3262311098 N 15thBozeman, MT1098 N 15thBozeman, MTZoning AuthorityCityCityCitySANDERSON;STEWART^1Page 1 of 2W Babcock RW19042Parcel 18-169
ZoningCurrent UseR-0UrbanCommercialR-0VacantCommercialR-0VacantCommercialDate of Sale11/30/201811/30/2018Sales Price$250,000$250,000Size (acres)0.2700.2520.250Indicated $/sq.ft.$24.111$24.3111 Adjusted for current market conditionsThe comparable sales data ranged from $24.11 persq.ft. to $24.31 persq.ft. The average value of the twocomparable parcels is $24.21 per sq.ft. The access, size, and zoning of the subject is most similar to bothcomparables parcels. The location of the subject property is slightly different than the comparable parcelsbut exhibits similar access and visibility to roads with the same zoning and use. Given all these factors, theindicated market value of the subject property is estimated to be $24.21 persq.ft. for unencumbered vacantland with similar property characteristics as just compensation for the acquisition of vacant land in fee.Easements grant specific rights on a piece of land to another entity for specific uses, but do not transfertitle of the land. Compensation for easement interests is determined as a percentage of the fee value(100% acquisition value) based on the level to which the acquired interest limits/encumbers the use of theproperty by the owner. For public use easements, the owner retains little use of the impacted land and isvalued at 95% of the fee value.VALUATION CALCULATION:COMPENSATIONItemCalculation DetailCompensationParcel 18-1 PUE: | 1,020 sq.ft. x $24.21 persq.ft. x 95% =$ 23,460Cost to Cure: I Remove Bushes$ 600Total Compensation 1:$ 24,1001 Rounded to nearest $50 increment.$500 minimum with permanent easements.Date of Inspection:Date of Valuation:July 16, 2019July 17, 2019Prepared B^:?addo, PE, REALTOR®Date Approved:Approved By:City of BozemanName:Title:SANDERSON;STEWART^SrPage 2 of 2W Babcock R/W19042Parcel 18-170
I^INSTRUCTIONS TO:Montana Title & Escrow, Inc.1925 N. 22nd Avenue, Suite 102Bozeman, NT 59718VV-.131274-1004DATE: Augusts, 2019RE: ESCROW NO.: M-25598PROPERTY:Parcel 18-11516 W. BabcockSt., Bozeman, MTYou are handed herewith an executed:xxPublic 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 $24,100.00to be paid to Witt Family Investments, LTD.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:^^-^^^-Name:^^ ^ '^Title:Date: 06-f^^ /O, ^^//IPage 1 of 2 - Febmary 24, 2016Instmctions - Deed - Retail71
r<-The above instruction and Easement mentioned therein have been reviewed and are herebyapproved by the undersigned. You are to record said PUBLIC USE EASEMENT concurrentlywith the other documents contained in the above numbered escrow and charge my account forthe cost incurred.Date:ANDREA SURRATT, CITY MANAGERReceivedMontana Title & Escrow, Inc.BY:CAN DACE D. ELSERPage 2 of 2 - Febmary 24, 2016Insti-uctions - Deed - Retail72
Montana Title & Escrow, Inc.1925 N. 22nd Avenue, Suite 102Bozeman, MT 59718Phone: (406)587-7702Fax: (406)587-2891Date: 11/19/2019Escrow No.: M-25598Escrow Officer: Candace ElserProperty Address:1516 West Babcock Street, Bozeman, MT 59715558455-1210-0BUYER'S INSTRUCTIONSMontana Title & Escrow, Inc., a Montana Corporation, is licensed to perform escrow services by the State ofMontana.It is understood, by the partiies hereto, that when the term "Escrow Holder" is used throughout theseinstructions it is always referring to Mlontana 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 easements 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$24,100.00.Title to be as vested in the name of: 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 -15 as shown on the Title Commitment dated July 17, 2019The undersigned Buyer acknowledges that he/she has received and read a copy of the Preliminary Report orTitle Commitment Order No. M-25598. 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 lof3-11/19/2019MLHC Buyer's Escrow Instructions73
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.BUYER:City OfBozeman, a Montana Municipal CorporationBy:_Andrea Surratt, City ManagerBy:.Robin Crough, City ClerkMailing Address:Phone:Email:Received by Montana Title & Escrow, Inc.By:_Date:Time:Page 2 of 3-11/19/2019MLHC Buyer's Escrow Instructions74
Affiliated Business Arrangement Disclosure Statement NoticeTo: CITY OF BOZEMAN, A MONTANA MUNICIPALCORPORATIONFrom: Montana Title & Escrow, Inc.Property: 1516 West Babcock Street, Bozeman, MT 59715Date: 11/19/2019Escrow Number: M-25598558455-1363-0This 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 sen/ices 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 $236.00$0.00Total Estimated Charges:$236.00The 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 Montana Municipal CorporationBy:_Andrea Surratt, City ManagerBy:Robin Crough, City ClerkPage 3 of3-11/19/2019MLHC Buyer's Escrow Insti'uctions75
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