HomeMy WebLinkAbout12-09-19 City Commission Packet Materials - C6. MOA, Public Use Easement, ROW Documents with Chapman 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 Udo Chapman, Damaris Chapman,
and Erika Chapman 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 Udo Chapman, Damaris Chapman,
and Erika Chapman 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 $60,650.00 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
78
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 started79
*.^^^m.?:^^^liCity of BozemanEngineering DivisionPublic Works Department.i_Project Name: W Babcock R/WProject No: 19042 |lParcel No: 9-1 I_........ .JMEMORANDUM OF AGREEMENT/8^This -^Memorandum of Agreement (the "Agreement") has been reached this IV" day ofi^^rLc't _, 20_/^, between Udo Chapman, Damaris Chapman, and Erika Chapman, as jointtenants (and not as tenants in common) (hereinafter the "GRANTORS"), the owners of all that part of theNW14SW1/4 of Section 12, Township 2 South, Range 5 East, P.M.M-, Gallatin County, Montana, includedwithin the following metes and bounds, to-wit: beginning at the Northwest quarter of said quarter ofquarter, thence running East a distance of 200 feet; Thence running South a distance of 226 feet; ThenceWest a distance of 200 feet; Thence North a distance of 226 feet to the place of beginning, according tothe official plat thereof on file and of record in the office of the County Clerk and Recorder of GallatinCounty, Montana (Deed Reference: Film 24, page 616); Excepting therefrom that portion conveyed to theMontana Department of Transportation by Bargain and Sale Deed recorded as Document No. 2155019,and the City of Bozeman, a Municipal Corporation of the State of Montana (hereinafter the "GRANTEE"),for the purchase of said property interest(s). The compensation amount to be paid and otherconsiderations to be given in full satisfaction of this Agreement are as follows:CompensationiParcel 9-1: Public Use Easement2,747 sq.ft.*Cost to cure:$59,422$1,200* Figure 1Considerations:Total (rounded) | $60,650.00 |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.SANDERSONiSTEWART^Page 1 of 3W Babcock R/W19042Parcel 9-180
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.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 landscaping to be removed andthe existing business sign to be reset will be completed during future road improvement projectsimpacting those features at the expense of the road improvement project.8. The GRANTORS and GRANTEE agree that the existing on-site surface drainage system and stormdrainage swale serving the subject property on the north side of the building will be mitigated duringfuture road improvement projects impacting those features at the expense of the road improvementproject.Of the total amount of compensation hereinabove agreed upon, the sum of $60,650.00 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 PaymentUdo Chapman, Damaris Chapman, and ErikaChapman$60,650.00The 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.UDO CHAPMAN, DAMARIS CHAPMAN, AND ERIKA CHAPMAN//ky I ^V} .c'-i^ (M^iUclo ChapmanDate: /^//0/^^/^)OA^A^Damaris ChapmanDate:Date:^6Erika Chapman. T6.;^l9<!.w^<^;S <i.lu.j* l^-n , ^r )<aycA^0 f <; (fct/1^./ ^\/ ^*»^S C^w^K^**^T7/lo/^sf^w^~ ^^lD/^l<30/€f(ISANDERSONiSTEWART^Page 2 of 3W Babcock RW19042Parcel 9-181
CITY OF BOZEMANDate:By: Andrea SurrattCity ManagerATTEST:Date:By: Robin CroughCity ClerkSANDERSON;STEWART^rPage 3 of 3W Babcock RW19042Parcel 9-182
FIGURE 1PRELIMINARY RIGHT-OF-WAY ACQUISITIONWITHINA PORTION OF THE NW%SW%, S12, T2S, R5E, P.M.M.PREPARED FOR : AV MT1, LLC / CITY OF BOZEMANPREPARED BY : SANDERSON STEWART <JULY, 2019BOZEMAN, MONTANA<»•'s//•^WEST BABCOCK STREETs^RESET BUSINESS SIGNADJUST STORMDRAINAGE SYSTEMDND TREE.*<>.kJ.^•^/^1'»>t<-d@REMOVE TREES \ |AND LANDSCAPING \@PARCEL 9-1PUBLIC USEIKt01^^m11.=)0EASEMENT^in••s...—EXISTINGPROPERTY LINE(TYP)^JWM»•»»aa^vEDGE OFBUILDING"•tur.*..«\;as^%I^.vQ^-<\—ate\\\\@\\—^IjiT\\NOTES:1. AERIAL IMAGE LOCATIONS AREAPPROXIMATE AND MAY NOT BE EXACT.02040SCALE:!" = 40'W BABCOCK R/WPARCEL 9-119042_ROW EXHIBITS.DWG1904210/18/19 TG83
•tkReturn to:Sanderson Stewart106 EastBabcockBozeman, MT 59715^^-.;°^&;^<gco.City of BozemanEngineering DivisionPublic Works DepartmentProject Name: W Babcock R/WProject No: 19042Parcel No: 9-1PUBLIC US^ EASEMENTThe GRANTORS, Udo Chapman, Damaris Chapman, and Erika Chapman, as joint tenants (and not astenants in common), whose address is 2044 Stagecoach Trail Road, Manhattan, Montana 59714, for andin consideration of One and No/100 - Dollars, and other valuable consideration, in hand paid, conveysand grants 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:All that part of the NWy4SW1/4 of Section 12, Township 2 South, Range 5 East, P.M.M, GallatinCounty, Montana, included within the following metes and bounds, to-wit: beginning at theNorthwest quarter of said quarter of quarter, thence running East a distance of 200 feet; Thencerunning South a distance of 226 feet; Thence West a distance of 200 feet; Thence North adistance of 226 feet to the place of beginning, according to the official plat thereof on file and ofrecord in the office of the County Clerk and Recorder of Gallatin County, Montana (DeedReference: Film 24, page 616); Excepting therefrom that portion conveyed to the MontanaDepartment of Transportation by Bargain and Sale Deed recorded as Document No.2155019.Said public use easement is depicted on Exhibit A attached hereto and more particularlydescribed as:Beginning at the Northeast comer of the easement herein described, being a point on the Southright-of-way of West Babcock Street, from which point the Northeast corner of said Tract bears N00° 01' 53" E, 30.00 feet, said point of beginning; Thence, from said point of beginning, S 00° 01'53" W, 15.00 feet along the East line of said Tract; Thence, N 89° 58' 07" W, 185.94 feet to theWest line of said Tract and the East right-of-way of South 19th Avenue; Thence, N 20° 35' 15" E,16.02 feet along the West line of said Tract and the East right-of-way of South 19th Avenue to theSouth right-of-way of West Babcock Street; Thence,S 89° 58'07" E, 180.32 feet along the Southright-of-way of West Babcock Street to the East line of Said Tract and to the point of beginning,and containing 2,747 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.SANDERSON;STEWART^SrPage 1 of 4W Babcock R/W19042Parcel 9-184
rGRANTORS hereby covenant with GRANTEE that GRANTORS have good title to the above-describedtract of land and covenant that GRANTEE shall have quiet and peaceable possession of the easement;and shall have a free and unrestricted right to access and maintain said facilities 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 GRANTORS, its officers,directors, employees, agents, and invitees and save them harmless from any and all liability, loss, costsor obligations, including, without limitation, reasonable attorneys' fees, on account of, or arising out of,any such 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 GRANTORS.UDO CHAPMAN, DAMARIS CHAPMAN, AND ERIKA CHAPMAN, as joint tenants (and not astenants in common)\^/i^'f^^do Chaprhan^^U.OAA^Damaris Chapmanc4 (A^i^UcA^pman)<Za<rL4<^>ErilcaP«lt^.^;s C^-^f^^f ^ t>oua^ ^ M^^y ^ C^l^ C^^^sj^Tly ^ ACKNOWLEDGMENT OF GRANTORSState of (^o^-fe^A. )County of(r^f^)ss.-1-)On this / 0 day of 6)c--'fcbf^ _, 20_/3, before me, the undersigned, a Notary Public in and for thesaid State, personally appeared the GRANTOR, Udo Chapman, as joint tenant (and not as tenant incommon), 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 saidGRANTORS, 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 andyear..<^v"^. ANTHONY GADDONotary Public. for the State of MontanaResidinQ at:s ^, SEAL .-^J ^?^Y1an- Montana^.OF^y ^^^ss3S,n2EoT3res:S^O^RI^'O^""^,January 30, 2023affidfficialisdayndmyseaNotary Signature Line//Notary Printed NameNotary Public for the State of.Residing at:My Commission Expires:^/./20_SANDERSON;STEWART*5rPage 2 of 4W Babcock RMI19042Parcel 9-185
State of lMo^^WU\ }County of_fi»J^M_) ss.-))c^o\»t^^ , 20j^, before me, the undersigned, a Notary Public in and for theOn this ZS"'day ofsaid State, personally appeared the GRANTOR, Damaris Chapman, as joint tenant (and not as tenant incommon), 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 saidGRANTORS, with full authority to do so and with full knowledge of its contents, for the uses and purposestherein mentioned.IN WITNESS WHEREOF, I have hereunto set my hand and affi:above written.^^>..•^^^ ANTHONY_GADDONotary Public; for the State of Montanal\^r7.':*l (Seat^esidinqat.^-.SEAL.^J 'Bozeman, MontanaO^-. •.^S^~ My Commission Ewires;$,,OF,,^y "" January 30, ?023a my officialeal thisnddyyearNotary Signatur/LineNotary Prir)fed NameNotary Public for the ^tate ofResiding at:My Commission ^cpires:// 20State of ^U<MtevK» )) ss.County of ^jn^WVl )On this 2S"_ day of GeJ^o^^ , 20J3. before me, the undersigned, a Notary Public in and for thesaid State, personally appeared the GRANTOR, Erika-Ghepnwu.^'as Joint tenant (and not as tenant incommon), 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 saidGRANTORS, with full authority to do so and with full knowledge of its contents, for the uses and purposestherein mentioned.-r^-IN WITNESS WHE11above written.PdMKW^ ^tA^wwfcn^ Po^Ci^ <?f ^IF, I have hereunto set my hand and affix^y0•G^ ^'•i kif d^/*4^>^\a\ seal this day ^uc} year^NY1(^."^'v' ^"'%. ANTHONY GADDO^ON.T.S^ • •• - • i^gt^ public^S^8^e state of M°ntanaJ^;v-r—-':^r""l/ Residing at:^^. SEAL .•'^J Bozeman, Montana^•^ My^^ysl§,n2EOX2p3res:""^."yJanuary 30, 2023Notary SignNotary printed NameNotary Public for th/ State of.Residing at:My Commissio/ Expires:J ^/ 20^SANDERSON;STEWART^rPage 3 of 4W Babcock RM/19042Parcel 9-186
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 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:J ^/20_SANDERSON;STEWART^SrPage 4 of 4W Babcock RM/19042Parcel 9-187
IEXHIBIT APUBLIC USE EASEMENTWITHINA PORTION OF THE NW%SW%, S12, T2S, R5E, P.M.M.PREPARED FOR : AV MT1, LLC / CITY OF BOZEMANPREPARED BY : SANDERSON STEWART IJULY, 2019BOZEMAN, MONTANAESBABCOCKTRTPOBEXISTING COUNTYROAD EASEMENTL4LJ4TT'T'vx^T'Tvx^\^\--V-XL^"\--\D^^^/LJ<Icn^>0(^)\\\\\\\\\\\\\\\\ ^\ \\\\\\\\\\\\\\\\\\\\\\\\\ ^^PARCEL 9-1 \. BARGAIN AND SALE .^\\\\\\\\\\\\DEED (DOC: #2155019)^\\'\\\\\\\\\\\\\\\\ \EASEMENT \\\\\\\\\\\\\\\\\\\\ (2.747 SQFT-) \^\\\\\\\\\\\\\\\\\\\\\\\\\\\\\^ \\\\\\\\\\\\\\\\\\\\\\\\\\\ \ \(TYP) \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\1TRACT A,C.O.S. 1193L1 S 00- 01' 53" W, 15.00 FEETL2 N 89- 58' 07" W, 185.94 FEETL3 N 20- 35' 15" E, 16.02 FEETL4 S 89' 58' 07" E, 180.32 FEET^-20040^SCALE;!" = 40'R/W LEGENDV//////> EXISTING ROAD R/WlUSBiffiBi NEW EASEMENT AREAfc:^^;;;^^ AREA REMAININGW BABCOCK R/WPARCEL 9-119042_ROW EXHIBITS.DWG190427/15/19 TG88
^'&>,'&y:.*^<,uf.^^%'^OJ»VK'-r.^-,-^City of BozemanEngineering DivisionPublic Works DepartmentProject Name: W Babcock R/WProject No: 19042Parcel No: 9-1WAIVER VALUATIONOWNERSHIP INFORMATIONProperty Owner:Udo Chapman, Damaris Chapman, and Erika ChapmanProperty Address:102 S 19th Ave, Bozeman, MTProperty Location:S12, T02S, R05EPROPETY INFORMATIONPresent Use: Urban CommercialHighest and Best Use: Urban CommercialZoning Authority: CityZoning Classification: B-2 (Community Business District)Property Size (Before): 1.030 acresImprovements: Commercial BuildingACQUISITION INFORMATIONPartial Acquisition: lx]Full Acquisition: DArea to be AcquiredParcel No.Area (sq.ft.)FeePerm. EasementTemp. PermitParcel 9-1 PUE2,747asaaDDDESCRIPTION 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. 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:COMPARABLE SALES INFORMATIONCorn p. Parcel #Subject12MLS#195917331938329042Property Address102 S 19th AveBozeman, MT2102WBabcockBozeman, MT3407 Laramie DrBozeman, MTSANDERSONiSTEWART^rPage 1 of 2W Babcock R/W19042Parcel 9-1I89
>Zoning AuthorityCityCityCityZoningB-2B-2BPCurrent UseCommercialVacantCommercialVacantCommercialDate of Sale5/12/2014Under Contract5/30/2019Sales Price$900,000$1,400,000$965,000Size (acres)1.0301.0551.997Indicated $/sq.ft.$30.48$11.2011 Adjusted for current market conditionsThe comparable sales data ranged from $11.20 per sq.ft. to $30.48 per sq.ft. The average value of the twocomparable parcels is $20.84 per sq.ft. The location and size of the subject is most similar to the sale of$30.48 per sq.ft. The access of the subject is most similar to the sale of $11.20 per sq.ft. ComparableParcel 1 is in close proximity and similar zoning as the subject property, but presents increased access andvisibility to mainline roads, while Comparable Parcel 2 exhibits similar roadway visibility and larger size.Given all these factors, the indicated market value of the subject property is estimated to be $22.77 persq.ft. for unencumbered vacant land with similar property characteristics as just compensation for theacquisition 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 9-1 PUE: [ 2,747 sq.ft. x $22.77 per sq.ft. x 95%$ 59,422Cost to Cure: I Remove Bushes$ 1,200Total Compensation 1:$ 60,6501 Rounded to nearest $50 increment.$500 minimum with permanent easements.Date of Inspection:Date of Valuation:July 16, 2019July 17, 2019Prepared By:FPE, REALTOR®Date Approved:Approved By:City of BozemanName:Title:SANDERSON;STEWART^1Page 2 of 2W Babcock R/W19042Parcel 9-190
I•(;INSTRUCTIONS TO:Montana Title & Escrow, Inc.1925 N. 22nd Avenue, Suite 102Bozeman, NT 59718DATE: August 8, 2019RE: ESCROW NO.: M-25594PROPERTf:Parcel 9-1102 S. 19th Ave., Bozeman, MTYou are handed herewith an executed:xxv.\ns131274-1004Public 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 $60,650.00to be paid to Udo Chapman, Damaris Chapman, and Erika Chapman, to bepaid in three equal checks of $20,216.67, one to each Grantor.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:I^VA a/yCt<^-^-^Udo ChapmanQ^maris Chapman(<JAtu^^cAErilia Chapman.Date: /^/ /Q/^-O^Date:Date:~Tlcf^tC JSO/<?/o/^^/?P-IM^O^I'S €^f\^ty\ ,^t ^ou^-i^(o^ ^'•/I^.Page 1 of 2 - Febraary 24, 2016Insti-uctions - Deed - Retail91
((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.ANDREA SURRATT, CITY MANAGERReceived __ _,Montana Title & Escrow, Inc.Date:BY:CANDACE D. ELSERPage 2 of 2 - Febmary 24, 2016Instiiictions - Deed - Retail92
Montana Title & Escrow, Inc.1925 N. 22nd Avenue, Suite 102Bozeman, MT 59718Phone: (406)587-7702Fax: (406)587-2891Date: 11/18/2019Escrow No.: M-25594Escrow Officer: Candace ElserProperty Address:102 South 19th Avenue, Bozeman, MT 5971855S43S-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 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$60,650.00.Title to be as vested in the name of:MontanaCity Of Bozeman, a Montana Municipal Corporation of the State ofSUBJECT TO:1. All printed exceptions and conditions in the policy.2. All genera] 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 -9 as shown on the Title Commitment dated November 13, 2019The undersigned Buyer acknowledges that he/she has received and read a copy of the Preliminary Report orTitle Commitment Order No. M-25594. 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.Pagelof3- 11/18/2019MLHC Buyer's Escrow Instnictions93
BU'YER:City Of Bozeman, a Municipal corporation of the State of MontanaBy:_Andrea Surratt, City ManagerBy:_Robin Crough, City ClerkMailing Address:Phone:Email:Received by Montana Title & Escrow, Inc.By:_Date:Time:Page 2 of 3-11/18/2019MLHC Buyer's Escrow Instmctions94
tAffiliated Business Arrangement Disclosure Statement NoticeTo:City Of Bozeman, a Montana Municipal Corporation of the Stateof MontanaMontana Title & Escrow, Inc.102 South 19th Avenue, Bozeman, MT 5971811/18/2019 (Version 2)Escrow Number: M-25594From:Property:Date:55843B-13S9-0This 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.Settlement Sen/ice: Title InsuranceSettlement Service Provider: Westcor Land Title Insurance CompanyCharge or Range of Charges :2006 ALTA Standard Owners Policy $410.00Total Estimated Charges:$0.00$410.00The 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 3-11/18/2019MLHC Buyer's Escrow Instmctions95
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