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HomeMy WebLinkAboutWarranty Deed 01- CMC Heartland Partners Deed 09/28/01 12:32 FAX 14065225501 SEClrnITY TITLE BZ 1aJ014 I I I I KNOW ALL PERSONS BY THESE PRESENTS: J THATforvalue received, CMC HEARTLAND PARTNERS, whose malll 9 address Is 330 North Jefferson, Suite 305, Chicago, IL 60561the Grantor, d~es hBr~by .grant, bargain, sell, convey and confirm unto CITY OF BOZEMAN, whose mailing ~ddr~ss IS P.O. Sox 1230, Bozeman, M-r: 59771, the Grantee, the following described premlses~n Gallatin County. Montana, to-WIt: THE LEGAL DESCRIPTION OF THE REAL PROPERTY WHICH IS HE SUBJECTOFTHIS WARRANTY DEED IS ATTACHED HERETO MARKED AS EXHIBIT IlA" FOR IDENTIFICATION AND BYTHI5 REFERENCE FuILL Y AND COMPLETELY INCORPORATED HEREIN. I TO HAVE AND TO HOLD the said premls"s, with their appurtenances u~to the said Grantee and the heirs and assigns of said Grantee forever. And the Grantor dcbes hereby covenant to and with the said Grantee that the Grantor is the owner in fee $I~ple of said premises and that they are free from all encumbrances excepting those liste"d! on Exhibit 'A" attached hereto, and that the Grantor will warrant and defend the same frotn all lawful claims whatsoever. I' c:::y, ^}p '" ber DATED this cJfJ day of~2001. I CMC HEARTLAND PARTNERS WARRANTY DEED By: r ....) STATE OF ILLINOIS ) : ss. County of Cook ) <;;,^~w ho..... On this Way of'Oit069T, 2001, before me a Notary Public in and f r the State of Illinois, personally appeared EDWIN JACOBSON, known to me to be the Pr sident and CEO of CMC HEARTLAND PARTNERS, and acknowledged to me that he e ecuted the same. . I IN WITNESS WHEREOF, I have hereunto set my hand and affixed my ~otarial seal the day and year first above written. (SEAL) N ry bJic for the State of - ; "; ResIding at: ~\:=:.. ~~ 7~ My Commission expires tJ (t, I OFFICIAL SEAL I JODY STACHURA I NOTARY PUelIC, STATE OF ILLINOIS MY C0MMl811ION EXPlAE8:08114104 ! i ,."...,."' Cli~ill\CMC\Bolemm. wd O~.27.01 -Ca I , , .1-.11:11\ BUYERS SETTLEMENT STATEMENT Buyer: City of Bozeman a municipality Seller: CMC Heartland Partners, a Delaware general partnership Property Address: Parcels of Land located in Rouse's First & Second Addition Order Number: G012134 Settlement Date: 10/01/01 Expenses Credits Purchase Price Deposit or Earnest Money 2,150,000.00 150,000.00 County taxes from 01/01/01 to 10/01/01 Assessments from 07/01/01 to 10/01/01 1,066.24 303.85 Escrow/Closing Fee Recording of Deed 100.00 36.00 Sub-totals 2,150,136.00 151,370.09 Balance due from Buyer 1,998,765.91 The undersigned acknowledges receipt of this disclosure settlement statement and agrees to the correctness thereof. Approved by: )IJ1~ ~ j )/h~ City of Bozeman a municipal1ty , " Serving Gallatin and Madison Counties 600 South 19th Avo (59718) Post Office Box 6550 (59771-6550) Bozeman, MT _ Phone: 406.522.5500 - Fax: 406.522.5501 - Web; www.sectitle.com CLOSING INSTRUCTIONS TO SECURITY TITLE COMPANY OF MONTANA DATE: 10/01/01 CLOSING OFFICER: Pam Grover FILE: G012134 SELLER: CMC Heartland Partnere, a Delaware general partnership BUYER: City of Bbzeman, a municipality The Seller and Buyer listed hereinabove, employ SECURITY TITLE COMPANY, a Montana Corporation to act as Closing Agent in connection with a sale by seller to Buyer based upon the terms and conditions to follow herein. The property herein referred to is situated in Gallatin County, Montana, and is described as follows to wit: SEE ATTACHED GENERAL INSTRUCTIONS: 1. The Total Sales Price to be paid by Buyer is: $2,150,000.00 2. Earnest Money has been collected from the Buyer in the amount of $150,000.00 a) The earnest money is currently in the possession of: 3. The Closing fee charged by closing agent is to be paid by: 1/2 Buyer and 1/2 Seller 4. The Owner's Title Insurance Fees are to be paid by: Seller 5. The recording fees are to be paid as follows: a) Buyer 6. The Attorney's Fees are to be paid To: Joseph W. Sabol II By: Seller 7. Date of Proration shall be: 10/01/01 The Following are to be prorated: a) 2001 real estate taxes b) 2001/2002 city assessments 8. Buyer and Seller acknowledge receipt of a copy of the preliminary Commitment for Title Insurance, G012134. The closing agent shall cause the following exceptions as set forth in said commitment to be cleared from the public record: Delinquent taxes for years 1996 thru 2000 to be paid by Seller at closing Delinquent city aQsessments for 2000/2001 to be paid by Seller at closing '- any Serving Gallatin and Madison Counties 600 South 19th Ave (59718) Post Office Box 6550 (59771-6550) Bozeman, MT - Phone: 406.522.5500 - Fax: 406522.5501 - Web: www.sectltle.com 9. The parties also acknowledge that Security Title Company is not respon- sible for the transfer of any water, or water rights. 10. It is understood that any unpaid fuel, utility charges including service installation or connection charges for sewer, water or electricity will be adjusted between seller and buyer outside this escrow. 11. The Seller hereby guarantees to Security Title Company that there are no other liens and encumbrances or other debts against the subject property other than those disclosed in the Preliminary Commitment for Title Insurance, G012134, to which the Seller has knowledge. 12. The closing agent shall after all documents have costs are paid in full. separate disbursement to this transaction. disburse all monies received in a timely manner been properly executed, recorded and all closing The disbursement of monies is to be shown on a schedule prepared by the closing agent in regards 13. The closing agent reserves the right to amend the disbursement schedule to reflect any changes in payoff figures, prorations, etc. should the actual date of disbursement be other than anticipated. SPECIAL INSTRUCTIONS Cash transaction. NOTE: SECURITY TITLE COMPANY, assumes no responBibility of liability for the condition of the subject property at the time of closing nor does SECURITY TITLE COMPANY, guarantee the condition or existence of any furniture, fixtures, appliances or improvements to the property which is being transferred by this sale. Seller and Buyers hereby acknowledge that all contingencies and condition of the Buy/sell Agreement and any Addendums, thereto, have been either satisfied or negotiated outside of closing. SELLER: CMC Heartland Partners, a Delaware general partnership BUYER: }f1~~) J11~ City of Bozeman, a municipality Buyer's mailing address after closing: .? ...~.~ 13D"(.e J11 tV? ./ 1-::""3~ r11! 50,!f RobiA Sw/(iVOvt\- A f(71 ~ , , sec~tle Co]fany Serving Gallatin and Madison Counties 600 South 19th Ave (59718) Post Office Box 6550 (59771-6550) Bozeman, MT - Phone: 406..522..5.500 - Fax: 406.522.5501 -- Web: www.sectitle.com RBAL ESTATB TAX AGRBBMBNT Ord~r No.: 0012134 Property Address: Parcels of Land located in Rouse's First & Second Addition Gallatin County real property taxes are based on a calendar year beginning January 1 and ~nding December 31. The tax statements are made available by the County Treasur~r by November and are payable in two installments. The first installment is due no later than November 30, and delinquent as of December 1; and th~ second installment is due no later than May 31 of the following year and d~linquent as of June 1 of that y~ar. The tax stat~ment will remain in the name of the seller until records are changed after January 1 of the year following the sale. It is the responsibility of the purch...r to obtain the tax statement for the year the property is purchased from the seller or from the Gallatin County Treasurer's Office. Taxes have been prorated on an estimate baaed on the best available information as of the date of closing, which in the above transaction is: Based On: 2000 Taxes Amount: $1,425.56 Parcel No: RUT20526 SECURITY TITLE COMPANY ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE ACTUAL TAX LEVIED BY THE GALLATIN COUNTY TREASURER and presented to the property owner through issuance of a tax statement. If it b~comes necessary to adjust overstated or under- stated prorations when the actual current year's taxes are comput~d or billed, seller and buyer agree to cooperate in re-prorating the actual taxes due. Further, both parti~s agree to settle the n~ceasary adjustments within six (6) months from the date the actual taxes are computed or billed. Said adjustments must take place outside of security Title Company, Escrow Closing Number 0012134 . )11~~~) )1t~ BUYER: City of Bozeman a municipality BUYER: - SELLER: CMC Heartland Partners, a Oel~are SELLER: general partnership This agreement executed on: october 1, ~001 Sec~tle co3fany Serving Gallatin and Madison Counties 600 South 19th Ave (.59718) Post Office Box 6.5.50 (59771-6550) Bozeman, MT _ Phone: 406..522.5500 - Fax: 406.522.5.501 - Web: www.sectitle.com 09/28/01 12:31 FAX 14065223501 SEClmITY TITLE BZ IgI 012 JUIAL BSTATI: TAX AeJRJ:1tN:B:RT Order No-: G01~134 Properey Addre&a~ Parcel a of Land looated in ROU8e'S First & Second Addition Gallatin County real proper~y taxe8 are based on a oalendar year bQginning January 1 and ending December 31.. The tax lIeat~ment!l are made available by thl!! County Trea!5urar by November and are payable in two in~tallmentQ. The firse in9tallrnent i15 due no later than November 30, and delinqulllD.t a!5 of December 1; and the .eaond in.tallment i8 dUQ no later than May 31 of the following year and delinquent am of June 1 of that year. The tax statement will remain in the name or the !IellQr until record>> are changed after January 1 of the year rollowing the S8.18_ It i8 the re!lponlllil:dlity of the puroha.,e:r; to obt.ain the tax l!Itaeem,mt for the year the property i8 purchased ~rom the seller or from the Gallatin county Treasurer's office. Taxeg have bean prorated on an aatimate based on the be!!t available information a8 ot the date of Closing, which in the above trang.otion is: Ba!led On: JOOO Taxe8 Amount: $1,425.56 Par eel No: RUT20526 SECURITY TITL~ COMPANY. ASSUMKS NO RESPONSIBILITY OR LIABILITY FOR THE ACTUAL TAX LEVIED BY THB GALLATIN COUNTY TaRASURBR and preseneed to the property owner through issuanc~ of a tax etatement. If it become& necesaary to adjuse over8tat.e~ or under- ~tated proration~ when cha actual current year'g taxes are computed or billed, ~ellar and buyer agree t.o cooperate in re-prorating the actual taxes due. FUrehar, bot.h partie8 agree to seetle the neceaeary adjuatment8 within eix (6) month~ from the date the actual taxes are eomput.~ or billed. Said adjust~entQ must tak~ plac~ outRide of Seourity Title company, KQorow Closing Number G012l34 . BUYER: City or aozeman a municipality B~R: a Del8WaDB SELLER: Thi~ agreement executed on; October 1, ~200l Se~tle co!lfany SetvlnK Gallatin and Madison Counrles 600 Souili 19lh Ave (S9718) PoSl Qmce Box 6550 (59771-6550) Bozem~n. M ~ Phone: 406.522.5500 ~ Fax: 406.522.5501 - Web: \IIww.llectitle.com EXHIBIT -An TO W ARFJANTY Delll GRANTOR: CMC HEARTLAND PARTNERS 330 North Jefferson, Suite 30S Chlc~go, IL 60581 GRANTEE: CITY OF BOZEMAN 311 West Main StraIt Bozeman, MT 59715 Legal DS8crlDtlon PARCEL I: Late 1 through 28, InClusive, In Block C of Rouse's 1 It Addition to Bozeman Gallatin County, Montana, according to the official plat thereof on file and ol record In the office of the County Clerk and Reoorder, Gallatin County. Montana. EXCEPTING THEREFROM: That portion of Block C of Rouse's Firat Addition to the City of Bozema"-, Gallatin County, Montana\ and that portion of Block B of Rouss's Secona Addition to said City descnbed as fonows: Beginning at the Northwest corner of laid Block BI thence North eighteen mlnute8~ lhlrtv-flve .econds (0 degrees 18'351) EaBt a distance 01 sixty (60.00) reet to the Southwest comer of laid BloCk C; thence North Menty- five minutes, thirty-eight seconds (0 degrees 25'38M) Weat along the West line at said Block C a distance of one"hundred sixteen and sixty-eight hundredths (116.68) feet; thence North eJghty-nloe degree8. eight mlnutes3 forty-two seconds (bg degree. 08'42M) East a distance of elgnty-two ana forty-three hundretfths (82"".43) f88t, a portion of thIs course berng along the South wall of an exlltlng conorete warehou8e; thence South fony minutes, twelve seoonde (0 degree. 40'12") Ealt a dlltance of three hundrea seventy- three (373.00) f8et to a point marked with a concrete monument; thence South eight-nine degrees. twenty-one minute., f:r.flv9 seconds (89 de~reeB 21156U) Weat a distance of eighty-seven and thl -hundredths (87.30 feet to a concrete monument on lhe Welt line of 18 d Block Bj thence orth eighteen minutes thirty-five seconds (0 degreeI18'351) East along the West . line of said Block B 8 distance of one hundred ninety-six and four-hundredths (196.04) feet to the point of beginning. ALSO, that portion of vacated cast Babcook Street situated between said Block C and Block B, and that portion of the vacated alley In said Block e. lying within the property described above. (Deed reference In Film 12, Page 1129, records of Gallatin County, Montana.) FURTHER EXCEPTING THEREFROM: Lots 1 A and 2A of the Amended Plat of a portion of Block q~ Rouse Addition to Bozeman, Gallatin County Montana according to the orflclal plat thereof on file and of record In the of~ce of the County Clerk and Recorder, Gallatin County, Montana. (Plat Referencs: C-5-A) PARCEL II: Lots 1 through 26.lncluslvs, In Block EI of Rousels 2nd Addition to Bozeman, Gallatin County, Montana. according 10 the official plat thereof on file and of reoord In the office of the County Clerk and Recorder. Gallatin County. Montana. EXCEPTING THEREFROM: That portion of Block C of Roule's Firat Addition to the City of Bozeman--, Gallatin Coun~, Montana, and that portion of Block B of Rouse's SeconlJ Addition to .ala City d88crlbed as tonowa: cllnllllCMco.u-..... \lid OP44-ll1 -61 9/&: ':!lDVer; I:S1.6 lo9S 90,. SA:!lN'HO.L.LV 10avs '14 Hcl:31BOr "0: S l (NOW) to.,,1: -d31B Beginning at the Northwest corner of Bald Block B: thence North eighteen mlnutes,lhlrty-flv8 ssconds (0 degrse8 1813Sa) Salt a distance 0'1 sixty (SO,OO) feet to the Southwest corner of said BloCk C; thence North twenty~ five mfnut8s, thirty-eight esconde (0 degree. 26'3BM) West along the West line of said Block C a dletance of one-hundred sixteen and sixty-eight hundredths (116.68) fset; thence North eighty-nine degress, eight mInutes, forty-two ssconds (89 degree8 08'42M) East a distance of eighty-two and forty-three hundredths (82.43) fest, a portion of this course being along the South wall of an eXisting concrete warehouse; thence South forty minutes, twelve seconds (0 degrees 40'12U) Eaet a dletance of three hundred seventy- three (373.00) feet to a point marked with a concrete monument; thence South eight-nine degrees, twen.ty-one minutes, fifty-five seconds (B9 de~reel 21155U) Welt a distance of eighty-Beven and thirty-hundredths (87.30 feet to a concrete monument on the West line of said Block Bi thence orth eIghteen minuteSt thirty-five seconds (0 degrees 1813511) East along the West line of laid Block B a distance of one hundred ninety-six and four-hundredths (198.04) feet to the point of beginning. A~SO, that pQrtlon Qf vacated Eut Babcock Street eltyated between said Bock C Efnd Block B, and that_portion of the vaoated alley In said Block B, Iy ng within the property d.lorlL1ed above. (Deed reterence In Film 12, Page 1129. record. of Gallatin County, Montana.) FURTHER EXCEPTING THEREFROM: A parcel of land consisting of portions of Lots 24, 26 and 26 of Block B of Rouss's Second Addition to the City of Bozeman, Gallatin County, Montan~ and a portion of vacated Eaet Olive Street altueted between Blocks B and v of said Rouse's Second Addition. This parcel Ie shown on Certificate of Survey No. 361, and I. more particularly described 8e follows: Beginning at the Northwest corner of this parcel. which Is marked with a concrete monument on the West line of said Block B and from which the Northwest corner of said Block Sf which Is marked w{th a st&el rod, bears North 00 degrees 18'35~ East a distance of 198.04 feet. Thence North 89 degrees 21'65~ East a distance of 87,77 feet to the Northeast corner of tfila parcel, from which a concrete monument bears South 89 degre8B;21 165" Welt, 0.47 feet. Thenoe South OOc degreee 45'0211 Ealt a distance of 116.47 feet to the Southeast corner of this parcel whloh Is marked with a braes capped Iron o monument. Thence North 89 degrees 41'25" WeBt along the North line and an Easterly extension thereof of that parcel described on Page 622 of Film 17 of the Deed Records of said County a distance of 89.91 feet to the Southwest corner of this parcelhwhlch Is marked with a brass capped Iron monument on the West line of t at laid vacated portIon of Eaet OUve Street; , Thence North 00 degre8818135" EaBt along the Welt line of the said vacated portion of Eaet Olive Street and the Welt line of laid Block B a distance of ~ 15.00 feet to the point of beginning. PARCEL. III: Late 1 through 28, Incluelve, In Block C of Rou8e1a Second Addition to Bozemanl Gallatin Countyl.Montana, according to the official plat thereof on file and aT record In the aTTics of the County Clerk and Recorder, Gallatin County, Montana. " EXCEPTING THEREFROM: A parcel of land con81stlng of a portion of L.ots 1, 2 and 3 of Block C of Aousels Second AdditIon to the City of Bozeman. Gallatin County, Montana, and a portion of vacated East Olive Street situated between Blocks Band C of said Addition, and being approxlmatllly delcrlbed on that deed recorded CUIllfl\CWCI:I-. wd OJ.-U41 .1Il 9/,. O:llDVd: l:5L,6 L,Q5 90t BA:IlNl:lO,L,LV 10aVB O/A Hd:JIBOr to:!:i 1 (NONI 10. tl: d31B on 17 Film 522 of the DIed Records of said County. This parcells shown on Certificate of Survey No. 460, and Ie more partlcufarly described 88 folloW8: Beginning at the Northwest corner of this parcel, which 18 marked with a brass oapped Iron monument, and Is Identical with the Northwe.t comer of that said tract described on Page 522 of said Film 17. Thence South 89 degrees 41'25" East along the North line of said tract a distance of 86.551eet to the Northeast corner of this parcel, which Is Identical with the Northeast corner of said tract, and from which a brass capped Iron monument beare South 89 degrees 41'25" Eaet 3.36 feet, as a witness corner. Thencs from the said Northeast comer South 00 degrees 22147q West along the East line of said tract a distance 0/145.00 feet to a point marked with a eteal rod, whloh Is Identical with the Southeast corner of said tract. Thence North 89 degrees 41125- Welt along the South line of Bald tract a distance of 88.80 f89t to a point marked with a steel rod on the West line of Block C, said point being Identloal' with the Southwest corner of said tract. Thence North 00 degrees 20160" East along the West line of Block C a distance of 94.69 feet to the Northwest comer of Block C. which Is marked with a steel rod; Thence North 00 degrees 30'081 Eaat a dlstanoe of 50.311get to the point of beginning. FURTHER EXCEPTING THEREFROM: A parcel of land consisting of a portion of Lota 1. 2, 3, 24, 25 and 26 or Block C of Rouse's Second Addition to the City of Bozeman, Gallatin CC)unty, Montana, and a portion of the vacated alley In Block C of said Addl,t1on. ThIs parcel Is shown "n Certificate of Survey No. 480, and 18 more particularly described 88 follows: Beginning at a poInt marked with a st,.1 rod on the Weat line of Block C, saJd point being Identical with the SouthW81t corner of that tract desorlbed on 17 Film 522 of the Deed Recorda of said Coun~, and from which the Northwest corner of Block C, whloh Is marked wfth a ateel rod. bears North 00 degree. 20150" East a dlstanoe of 94.69 feet. Thence, from the point of beginning, South 89 degrees 41'261 Eset along the South line of laid tract a distance of 86.60 f8et to the Southast corner of said tract, which Is marked with a eteel rod. Thence South 00 degrees 22'47" West a distance of 95.36 feet to a point marked with a stael rod. Thenoe North 89 degrees 39110" Weat a distance of 86.65 feet to a point marked with a brall oapped Iron monument on the West line of Block C. Thence North 00, degree. 20'50" East along the West line of Block C a distance of 95.31 feet to the point of beginning. FURTHER EXCEPTING THEREFROM: Lot A of Amended SubdivIsion Plat of a portion of Blocks 0 and F of Rouse1s 2nd Addition located In the SE1/4 of Seatlon 7. Township 2 Sout~, Range 6 East, P.M.M., Olty of Bozeman, Gallatin County, Montana, Becoming to the official plat thereof on file and of record In the olflce of ths County Clerk and Recorder, Gallatin County, Montana. PARCEL IV: Lots 1 through 20, Inclusive, In Block F of Rousal12nd Addition to Bozeman Gallatin County, Montana, according to the official plat thereof on file and o~ record In the offloe of the County Clerk and Reoorder, Gallatin County, Montana. CUlIlll\CMl:.'IOIIIIIIILwd 09-U-Ol.1l IVS '310Vd: Z:SL.6 L.as 90,. SA:!INHO~~V 'loave 'M Hd:!lSOr GO: G t CIIlOWl to tt7. rl"R EXC~PTING THEREFROM: Lot A 01 Amended Subdivision Plat of a portion of Blocks C and F of Rouse's 2nd Addition located In the SE1/4 of Seotlon 7 Township 2 South Range 6 East, P.M.M., City of Bozeman. Gallatin Counlv: Montana, according to the official plat thereof on fUe and of reoord In the 6lflce of the County Clerk and Reoorder, Gallatin County, Montana. PARCEL V: Lots 21 through 30. Inclusive, In Block E of Rouse's 2nd Addition to Bozem21nl Gallatin County,.~ontana, according to the official plat thereof on file and or record In the orne!! of the County Clerk and Recorder, Gallatin County, Montana. PARCEL VI: All that portion of Lote 19 and 20. Blook E. Rouse'. Second Addition to Bozeman, described 8s1olloWI: Beginning at the Southeast corner of Lot 20; thence North along the Ealt Ilde of Lots 20 and 19 of said block 42.5 feet to a point whloh Is 1 018et Northerly. measured along said East 10UlnSI from the Southea8t corner of Lot 19, thence Southw".ter1y 53.8 feet to a po nt on the South line of laid Lot 20 distant 33 feet, mealured along said South line. from th" Southeast corner of laid lot; thence East along said South line 33 feet to the point of beginning. (Deed reference In Book 70 of Deeds. Page 627, records of Gallatin County. Montana.) . PARCEL. VII: The land embraced within the fol/owlng met.s and bounds: Commencing at the Southwelt corner of Block E of Rouse'. Seoond Addition to Bozeman, and running from thence Southerly along the East line of Ohuroh Street, 224 3/4 feet; thence East 462 feet; thence North 224 3/4 feet; thence West 452 feet to the place of beginning. (O..d reference In Book 42 of O..ds. Page 6' 1 , records of Oal/atln County. Montana.) PARCEL VIII: A triangular pare,,1 01 land b~lng the Northerly portion of Lote 15, 14 and 13 of BloCk 2 6f Electric Halghts Addition to thlt City of Bozeman, Gal/atln County State of Montana, and more particularly described as follows: Beginning at the Norlhweatcorner of said Block 2 and running thence South o degrees 211 West. along the Weltl/ns of laid Block 2 a distance 0196.4 feeti thence North 36 degrees 40' East a distance of 119.3 fe"t; thence North 89 aegrees 10' Welt along the North Une of laid Block 2 a distance of 70.9 feet to the point of beginning. (Deed reference In Book 42 'of Deeds, Page 684, recardlof Gallatin County, Montana.) , PARCEL IX: All of that portion of the Old Camitery situated and lying We8terly of a stream known 88 Mill Cr"ek, ae the 88me app"ars upon the official map of th" City of Bozaman. (Dead reference In Book42 of De&ds. Page 539, records of GallatIn County,- Montana.) CU"\CN~wd ....24-01-& 9/9 ':!lPYri ~SL.6 L,9S 90t BA:a:N1!O~~V 'tOBY" M Hd:llBOr ':;0:':; t (Nnwl to ,,7. AllR PARCEL X: The followIng described PIl!t.ce of land to-wit: Commenolng at a point 18 feet East of the Southealt corner of Lot 15 of Block C of Rouae's First Addition to Bozeman; thenoe running East 150 feet; thence North 140 fe8t; thence West 150 feet; thence South 140 feet. to the place of beginning. (Deed reference In Book 42 of Deeds. Page 404. reoords of Gallatin County, Montana.) PAACEL XI: Commencing at a point 16 'e8t eaet of the Southeast corner of Lot 16 of Block C of Rouse's Firat Addition to Bozeman; thence East 160 feet; thence South 33 1/2 feet; thence West 150 feet; an~ thence North 33 1/2 feat, to the place of beginning. (Deed reference In Book 21 of Deeds. Page 698, records of Gallatin County. Montana.) PARCEL XII: All that portIon of East Baboock Strlet lyIng between the East line of Wallace Avenue and the Welt line of Ida Avenue; All that portion of East Olive Street lying between the East line of Wallace Avenue and the Wlst line of Ida Avenue; . All that portion of East Curtl8s Street lying between the East line of Wallace Avenue and the Welt line of Ida Avenue; , All that portion of Ida Avenue lying between the South line of Main Street and the South line of Curtll. Street; The alley. running through Block. Band C of RouBe'. Second Addition to the Town (now City) of Bozeman. Montana. Pursuant to Ordinance No. 402. (Deed referenoe In Film 115, Page 2451, records of Gallatin County, Montana.) EXCEPTINQ THEREFROM: That portion of Block C of Rouse'e First Addition to the CIty of Bozeman. Gallatin County. Montana, and that portion of Block B of Rouss's Second Addition to laid City described as follows: Beginning at the Northwest corner of said Block BJ thence North eighteen minuteSt thirty-five leconds (0 degree. 18'3511) t:88t a dlstanoe of sixty (60,00) Teet to the Southwest oomer of said Block C; thence North twenty- five m(nute8. thirty-eight seconds (0 degrees 26'38") West along the West line of said BlOCK C a distance of one-hundred slxteen and sixty-eight hundredths (116.68) 188t; thence North eighty-nine degrees, eight mInutes. forty-two seconds (89 degree. 08'42") East a dl.tanC8 01 eighty-two and forty-three hundredths (82.43) feet. a portion of this course being along the South wall of an existing ooncr8te w.rehouse; thence South forty minutes, twelve seconds (0 degrels 40'12n) East a dlstanoe ofthr88 hundreCl seventy- three (373.00) fset to II point marked with a concrete monument; thence South eight-nine degr.e8, twenty-one minutes. f1!f1ve seconds (89 de~ree8 21155") West a distance of elghty-eeven and thl -hundredths (87.30 feet to a ooncrete monument on the Walt line of sa d Block B; thence orth eighteen minutes. thirty-five seconde (0 degre8e18'35-) East along the West line of said Block B 8 distance of one hundred ninety-six and fou~-hundredth8 (198.04) feet to the point of beginning. ~wd Of..2+01.1ll Q/i. '310Vd ~5i.6 i.9Si 90" B^!H1!O~~V 'lORVS 'M HCl31S0r 90; 0:; t (NOWl to 117. .-l';f~ EXHIBIT "A" TO REALTY TRANSFER CERTIFICATE GRANTOR: CMC HEARTLAND PARTNERS 330 North Jefferson, Suite 305 Chicago, IL 60561 GRANTEE: CITY OF BOZEMAN MUNICIPALITY P.O. Box 1230 Bozeman, MT 59771 Legal Description PARCEL I: Lots 1 through 28, inclusive, in Block C of Rouse's 1st Addition to Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, l'lontana. EXCEPTING THEREFROf'ol: That portion of Block C of Rouse's First Addition to the City of Bozeman, Gallatin County/ Montana, and that portion of Block B of Rouse's Second Addition to said City described as follows: Beginning at the Northwest corner of said Block B; thence North eighteen minutes, thirty-five seconds (0 degrees 18'35") Ea~t a distance of sixty (GO.OO) feet to the Southwest corner of said Block C; thence North t~enty-five minutes, thirty-eight seconds (0 degrees 25'38") West along the West line of said Block C a distance of one-hundred sixteen and sixty-eight hundredths (116.GS) feet; thence North ~ighty-nine degrees, eight minutes, forty-two seconds (89 degrees OS'42") East a distance of eighty-two and forty-three hundredths (82.43) feet, a portion of this course being along the South \1all of an existing concrete warehouse; thence South forty minutes, twelve seconds (0 degrees 40'12") East a distance of three hundred seventy-three (373.00) feet to a point marked with a concrete monument; thence South eight-nine degrees, t~enty-one minutes, fifty-five seconds (89 degrees 21'55") West a distance of eighty-seven and thirty-hundredths (87.30) feet to a concrete monument on the IlJest line of said Block Bi thence North eighteen minutes, thirty-five seconds (0 degrees 18'35") East along the West line of said Block B a distance of one hundred ninety- six and four-hundredths (196.0'1) feet to the point of beginning. ALSO, that portion of vacated East Babcock Street situated between said Block C and Block B, and that portion of the vacated alley in said Block B, lying within the property described above. (Deed reference in Film.12, Page 1129, records of Gallatin County, Montana.) FURTHER EXCEPTING THEREFROM: Lots 1A. and 2A of the Amended plat of a portion of Block C, Rouse Addit~on to Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of th' County Clerk and Recorder, Gallatin County, I-lantana. (Plat Reference: C-5-A) PARCEL II: Lots 1 through 26, inclusive, in Block B of Rouse's 2nd Addition to Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana. EXCEPTING THEREFROM: That portion of Block C of Rouse's First Addition to the City of Bozeman, Gallatin County, Montana, and that portion of Block B of Rouse's Second Addition to said City described as follows: Beginning at the Northwest corner of said Block Bi thence North eighteen minutes, thirty-five seconds (0 degree~ 18'35") East a distance of sixty (60.00) feet to the Southwest corner of said Block C; thence North twenty-five minutes, thirty-elght seconds (0 degrees 25'38") West along the West line of said Block C a distance of one-hundred sixteen and sixty-eight hundredths (116.68) feet; thence North eighty-nine degrees, eight minutes, forty-two seconds (89 degrees 08'42") East a distance of eighty-two and forty-three hundredths (82.43) feet, a portion of this course being along the South wall of an existing concrete warehousei thence South forty minutes, twelve seconds (0 degrees 40'12") East a distance of three hundred seventy-three (373.00) feet to a point marked with a concrete monument; thence South eight-nine degrees, twenty-one minutes, fifty-five seconds (89 degrees 21'55") West a distance of eighty-seven and thirty-hundredths (87.30) feet to a concrete monument on the West line at said Block Bi thence North eighteen minutes, thirty-five seconds (0 degrees 18'35") East along the Nest line of said Block B a dlstance of one hundred ninety-six and four-hundredths (196.04) feet to the point of beginning. ALSO, that portion of vacated East Babcock Street situated between said Block C and Block B, and that portion of the vacated alley in said Block 8, lying within the property described above. (Deed reference in Film 12, Page 1129, records of Gallatin County, Montana.) FURTHER EXCEPTING THEREFROM: A parcel of land consisting of portions of Lots 24, 25 and 26 of Block B of Rouse's Second Addition eo the City of Bozeman, Gallatin County, Montana, and a portion of vacated East Olive Street situated between Blocks Band C of said Rouse's Second Addition. This parcel is shown on Certificate of Survey No. 361, and is more particularly described as follows: Beginning at the Northwest corner of this parcel, which is marked with a concrete monument on the West line of said Block B, and from which the Northwest corner of said Block B, which is marked with a steel rod, bears North 00 degrees 18'35" East a distanc~ of 196.04 feet. Thence North 89 degrees 21'55" East a distance of 87.77 feet to the Northeast corner of this parcel, from which a concrete monument bears South 89 degrees 21'55" West, 0.47 feet. Thence South 00 degrees 45'02" East a distance of 116.47 feet to the Southeast corner of this parcel which is marked with a brass capped iron monument. Thence North 89 degrees 41'25" West along the North line and an Easterly extension thereof of that parcel described on Page 522 of Film 17 of the Deed Records of said County a distance of 89.91 feet to the Southwest corner of this parcel, which is marked with a brass capped iron monument on the West line of that said vacated portioo of East Olive Street; Thence North 00 degrees 18'3~" East along the West line of the said vacated portion of East Olive Street and the West line of said Block B a distance of 115.00 feet to the point of beginning. , . PARCEL III: Lots 1 through 26, inclusive, in Block C of Rouse's Second Addition to Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana. EXCEPTING THEREFROM: A parcel of land consisting of a portion of Lots 1, 2 and 3 of Block C of Rouse's Second Addition to the City of Bozeman, Gallatin County, Montana, and a portion of vacated Eas~ Olive Street situated between Blocks Band C of said Addition, and being approximately described on that deed recorded on 17 Film 522 of the Deed Records of said County. Thia parcel is shown on Certificate of Survey No. 460, and is more particularly described as follows: Beginning at the Northwest corner of this parcel, which is marked with a brass capped iron monument, and is identical with the Northwest corner of that said tract described on Page 522 of said Film 17. Thence South 89 degrees 41'25" East along the North line of said tract a distance of 86.55 feet to the Northeast corner of this parcel, which is identical with the Northeast corner of said tract, and from which a brJss capped iron monument bears South 89 degrees 41'25" East 3.36 feet, as a witness corner. Thence from the said Northeast corner, South 00 degrees 22'47" West along the East line of said tract a distance of 145.00 feet to a point marked with a steel rod, which is identical with the Southeast corner of said tract. Thence North 89 degrees 41'25" West along the South line of said tract a distance of 86.60 feet to a point marked with a steel rod on the West line of Block C, said point being identical with the Southwest corner of said tract. Thence North 00 degrees 20'50" East along the West line of Block C a distance of 94.69 feet to the Northwest corner of Block C, which is marked with a steel rodi Thence North 00 degrees 30'08" East a distance of 50.31 feet to the point of beginning. FURTHER EXCEPTING THEREFROM: A parcel of land consisting of a portion of Lots I, 2, 3, 24, 25 and 26 of Block C of Rouse's Second Addition to the City of Bozeman, Gallatin County, Montana, and a portion of the va~ated alley in Block C of said Addition. This parcel is shown on Certificate of Survey No. 460, and is more particularly described as follows: Beginning at a point marked with a steel rod on the West line of Block C, said point being iden~1cal with the Southwest corner of that tract described on 17 Film 522 of the Deed Records of said County, and from which the Northwest corner of Block C, which is marked with a steel rod, bears North 00 degrees 20'50" East a distance of 94.69 feet. Thence, from the point of beginning, South 89 degrees 41'25" East along the South line of said tract a distance of 86.60 feet to the Southest corner of said tract, which is marked with a steel rod. Thence South 00 degrees 22'41" West a distance of 95.36 feet to a point marked with a steel rod. Thence North 89 degrees 39'10" Nest a distance of 86.55 feet to a point marked with a brass capped iron monument on the West line of Block C. Thence North 00 degrees 20'50" East along the West line of Block C a distance of 95.31 feet to the point of beginning. '" FURTHER EXCEPTING THEREFROM: Lot A of Amended Subdivision plat of a portion of Blocks C and F of Rouse's 2nd Addition located in the SEl/4 of Section 7, Township 2 South, Range 6 East, P.M.M., City of Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana. PARCEL IV: Lots 1 through 20, inclusive, in Block F of Rouse's 2nd Addition to Bozelnan, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, t-'1ontana. EXCEPTING THEREFROM: Lot A of Amended Subdivision Plat of a portion of Blocks C and F of Rouse's 2nd Addition ~ocated in the SE1/4 of Section 7, . Township 2 South, Range 6 East, P.M.M., C~ty of Bozeman, Gallatin County. Montana. according to the official plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County. Montana. PARCEL V: Lots 21 through 3D. inclusive, in Block E of Rouse's 2nd Addition to Bozeman, Gallatin County. Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana. PARCEL VI: All that portion of Lots 19 and 20, Block E, Rouse's Second Addition to Bozeman, described as follows: Beginning at the Southeast corner of Lot 20; thence North along the East side of Lots 20 and 19 of said block 42.5 feet to a point which is 10 feet Northerly, measured along said East lot line, from the Southeast corner of Lot 19. thence Southwesterly 53.8 feet to a point on the South line of said Lot 20 distant 33 feet. measured along said South line. from the Southeast corner of said lot; thence East along said South line 33 feet to the point of beginning. (Deed reference in Book 70 of Deeds, Page 627. records of Gallatin County, Montana. ) PARCEL VII: The land embraced I...ithin the following metes and bounds; Commencing at the Southwest corner of Block E of Rouse's Second Addition to Bozeman" and runn~ng from thence Southerly along the East line of Church Street. 224 3/4 feet; thence East 452 feet; thence North 224 3/4 feet; thence West 452 feet to the place of beginning. (Deed reference in Book 42 of Deeds. Page 511, records of Gallatin County, Nontana. ) PARCEL VIII: A triangular parcel of land being the Northerly portion of Lots 15. 14 and 13 of Block 2 of Electric Heights Addition to the City of Bozeman, Gallatin County, State of Montana, and more particularly described as follows: Beginning at the Northwest corner of said Block 2 and running thence South 0 degrees 21' West, along the West line of said Block 2 a distance of 96.4 feet; thence North 36 degrees 40' East a distance of 119.3 feeti thence North 89 degrees 10' West along the North line of said Block 2 a distance of 70.9 feet to the point of beginning. (Deed reference in Book 42 of Deeds, Page 584, records of Gallatin County. Montana. ) PARCEL IX: All of that portion of the Old Cemetery situated and lying Westerly of a stream known as Mill Creek, as the same appears upon the official map of the C~ty of Bozeman. (Deed reference in Book 42 of De~ds, Pag~ 539. records of Gallatin County, Montana. ) PARCEL X: The following described piece of land to-wit: Commencing at a point 16 feet East of the Southeast corner of Lot 15 of Block C of Rouse's First Addition to Bozeman. thence running East 150 feet; thence North 140 feet; thence West 150 feeti thence South 140 feet. to the place of beginning. (Deed reference in Book 42 of Deeds, Page 404, records of Gallatin County. Montana. ) PARCEL XI: Commencing at a point 16 feet East of the Southeast corner of Lot 15 of Block C of Rouse's First Addition to Bozeman; thence East 150 feet; thence South 33 l/~ feet; thence West 150 feet; and thence North 33 1/2 feet, to the place of beginning. (Deed reference in Book 21 of Deeds, Page 598, records of Gallatin County, Montana. ) PARCEL XII: All that portion of East Babcock Street lying between the East line of I~allace Avenue and the \~est line of Ida Avenue; All that portion of East Olive Street lying between the East line of Wallace Avenue and the West line of Ida Avenue; All that portion of East Curtiss Street lying between the East line of ~lallace Avenue and the Weot line of Ida Avenue; All that portion of Ida Avenue lying between the South line of Main Street and the South line of Curtiss Street; The alleys running through Blocks Band C of Rouse's Second Addition to the Town (now City) of Bozeman, Montana. Pursuant to Ordinance No. 402. (Deed reference in Film 115, page 2451, records of Gallatin County, Montana.) EXCEPTING THEREFROM: That portion of Block C of Rouse's First Addition to the City of Ddzeman, Galla~in County, ~lontana, and that portion of Block B of Rouse's Second Addition to said City described as followo: Beginning at the Northwent corner of said Block B; thence North eighteen minutes, thirty-five seconds (0 degrees 18'35") East a distance of sixty (60.00) feet to the Southwest corner of said Block C; thence North twenty-five minutes, thirty-eight seconds (0 degrees 25'38") West along the West line of said Block C a distance of one-hundred sixteen and sixty-eight hundredths (116.68) feet; thence North eighty-nine degrees, eight minutes, forty-two seconds (89 degrees 08'42") East a distance of eighty-two and forty-three hundredths (82.43) feet, a portion of this course being along the South wall of an existing concrete warehouse; thence South forty minutes, twelve seconds (0 degrees 40'12") East a ddstance of three hundred seventy-three (373.00) feet to a point marked with a concrete monument; thence South eight-nine degrees, twenty-one minute3, fifty-five seconds (89 degrees 21'55") West a distance of eighty-seven and thirty-hundredths (07.30) feet to a concrete monument on the West line of said Block B; thence North eighteen minutes, thirty-five seconds (0 degrees 18'35") East along the Weat line of said Block B a distance of one hundred ninety-six and four-hundredths (196.04) feet to the point of beginning. , , TOGETHER WITH the tenementl!l, hereditaments, and appurtenances thereunto belonging or In anywl8e apRsrtalnlng thereunto. FURTHER TOGETHER WITH all minerals, minerai rights. minerai Interest, royalties, royalty rights .and royalty Interest appurtenant to the hereinabove desorlbed real property, SUBJECT TO any and alleaBementa, rights-of-way, restrictions, conditione ,and reservations of record. FURTHER SUBJECT TO the 118n for general real eltate tax8S and assessments. ... CUtllll\c:NC't8-.wd llD-,U.Ol -II Q/Q "31DVd ~5i.l.6 .l.9S SlOt SAXNao~~v 10ave ~ Hdxsor QO:5it (NOW) to. tt dXB _..09/~8/01 12:-32 F~ i4~.6152~15501 ._ ----=S~.CU~ITY TITLE~ ASsESSMENT CODE: ._=--+:~~15 --1- CONFIDENTIAL J rana er .. g . 0' Transfer Is between husband and wife oriarent and child wtth nomlnalllctual consideratIon o Purchaser Ilnd seller are Identical partie., o Transfer Is pUl1Iuant to d.Uquent taxes, Sr8r1ff sales, be.nkruptcy or forlilclosure, [J Transfer Is made In contempl~t1Dn of d8Brh without actual OOnlildllrallon. j [J Tran.fer Is from a SUbsidiary to a parent otpora!lon without actual consideration '. ~. J J J I deolarl~ I have examined the above waler right d1l1ClollLlI'8 Informlltlbn and << II true and Dorr.cl. Atter oloslng. a copy of the signed dllllolo.urg wUI be provldlid to the bUYlilr. Gumlor (selllilr) sIgnature ~ Property trlllnsaction 18 IiIX8mpt from the dlac:losure beoaus.; )If. Property I. served only by II publlo lS8rv1~ wlltflr supply. (No sIgnature required.) a DIiI.d was In esorow prior to Janulry1, 1998. (No .Ignature requlnild.) To UPDATE WATER RIGHT OWNERSHIp, COMPLETE THE WATEA RIG/-fT TRANSFER CERTlrJGATE ON THE pINK COpy OF THIS DOC MENT. A $50,00 FINEGAN BE IMPOSED FOR FAIL.UFlE TO FILE A WRTC. IF REQU/AED ~[ I 336 (\.lL C5'EFFErC-SCt'-t c~ S1E-~ C~6\!D IL - SIgnature ~ Daytime Phone' SId-, ~~ ~-O Book Page I F .cord.r Uee n 'I Recording Intormatlon: Type of Inatrumgnt: o Warranty a Qun Claim a Gnant o Contract For Dead [J Bargain & Sale De.d o Decree o [J Tru.t Deed [J Inter8st o Notice of Purohallilr', Interest [J Statement of Acknowt.dgmClnt [J Termination of JoInt Tenancy o Tax D8id Dooument # Date Department of Revenue Copy ~ .., -""'if' -'-.. --- . ----U.:~ . -" ..- -- ~tr.!\""T- - "'_ ,,~~~,'r"'!'"I',~~'1. (Deed reference in Film 115, Page 2451, records of Gallatin County, Montana.) EXCEPTING THEREFROM: That portion of Block C of Rouse's First Addition to the City of Bdzeman, Galla~in County, Nontana, and that portion of Block B of Rouse's Second Addition to said City described as follows: B~ginning at the Northwest corner of said Block B; thence North eighteen minuteD, thirty-ftve seconds (0 degrees 18'35<<) Eaat a distance of sixty (60.00) feet to the Southwest corner of said Block C; thence North twenty-five minutes, thirty-eight seconds (O degrees 25'38<<) West along the West line of said Block C a d~stance of one-hundred sixteen and sixty-eight hundrcdth~ (116.6B) feet; thence North eighty-nine degrees, eight minuteo, forty-two seconds (09 degrees 08'42<<) East a distance of ei~hty-two and forty-three hundredths (82.43) feet, a portion of this course being along the South wall of an existing concrete warehouse; thence South forty minutes, twelve seconds (0 degrees 40'12") East a ddstance of three hundred seventy-three (373.00) feet to a point marked with a concrete monument; thence South eight-nine degrees, twenty-one IninuteD, fifty-five seconds (09 degrees 21'55<<) West a distance of eighty-seven and thirty-hundredths (07.30) feet to a ~oncrete monument on the West line of said Block B; thence North eighteen minutes, thirty-five seconds (0 degrees 18'35") East along the West line of said Block B a distance of one hundred ninety-six and four-hundredths (196.0~) feet to the point of beginning. '-