The URL can be used to link to this page

Home My WebLink About07- Wiersema Lien Release and Agreement and Promise to Pay Bozeman City Clerk POBox 1230 .. MT 59771-1230 Bozeman, ._ ------------------- Bozeman City Attorney PO Box 1230 Bozeman, MT 59771-1230 II11III11111111111111111111111111111111111111111111111I ~~~~~f~~~p Charlotte Mills-Gallatin Co MTMISC 56.00 LIEN RELEASE I, Chris Kukulski, Bozeman City Manager, do hereby certify that the Property Lien in favor of the City of Bozeman and against Richard and Kathy Wiersema, which Lien bears the date June 5,2006, and which encumbers the property located in the City of Bozeman, Gallatin County, State of Montana, and is more particularly described as: Lot 2, Block 3, JC Billion Auto Plaza Subdivisions with a common address of 195 Competition Drive, Bozeman, Montana, as the same appears from the records, plats and files in the office ofthe County Clerk and Recorder of Gallatin County, Montana according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana and which has been filed and recorded in the Office ofthe Clerk and Recorder in and for the County of Gallatin, State of Montana, on June 9, 2006, and indexed as Document No. 2230733, is fully satisfied, released and discharged, the debt secured thereby having been paid in full. The Clerk and Recorder of said County is hereby authorized and directed to discharge the same upon the record thereof, according to the statute in such case provided. EXECUTED at the City of Bozeman this \ 3> day of April, 2007. ~A.~' Chris Kukulski, City Manager 11111111111111111 IIIII IIIII1 11111 IIIII! 11111111 III1 1111 ?~;~~f:~~p Charlotte Mills-Ga}latin. c;c, MT_MI~C= ~6.0~~_ - - --,- ~ -. -- ----==---==-~- STATE OF MONTANA ) ) ss. County of Gallatin ) On this ~ day of April 2007 , before me, the undersigned, a Notary Public for the State of Montana personally appeared CHRIS KUKULSKI, known to me to be the City Manager and Trustee for the City of Bozeman and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. ,. ..<...::: f.."'-- .' (sit() ~'"' ~./' ~'.' ~G; ~~> eather Bien otary Public for the State of Montana Residing at Bozeman My Commission Expires 1/26/2007 cc: City Attorney, City of Bozeman, P.O. Box 1230, Bozeman, MT 59771-1230 t") ~ fI) : "ID_ S-CO fI)~ ~ NaSI N.ri ." ______ CiI ID (') ~ E ~ _lC 8 c :: _______ OJ :: r1 ---- , .. g ~ ,. ~.. j _<I) . Clerk of Commission PO Box 1230 Bozeman, MT 5977l 111111111111111111111111111111111111111111 11I1111111111 ~~~~~?~~~p Charlotte Mills-Gallatin Co MTMISC 56.00 AGREEMENT AND PROMISE TO PAY This Agreement made and entered into this 5th day of June, 2006 by and betwccn the City of Bozeman and Richard and Kathy Wiersema, dba Executive Auto Detail, 195 Competition Drive, Bozeman, Montana witnesseth: 1. Richard and Kathy Wiersema own property in Bozeman, Montana more particularly described as I..ot 2, Block 3, J.e. Billion Auto Plaza Subdivision, with a common address of 195 Competition Drive, Bozeman, Montana. 2. The subject property has been served by municipal water since at least 200 I, at no connection cost, impact fee, or monthly water usage costs. This was discovered when the properties within the Auto Plaza Subdivision inquired about connecting to municipal sewer. 3. Because the City accepts partial responsibility in the fact that the property was connected to municipal water without proper permits, fees, and monthly usage billings, the City of Bozeman herein agrees that the initial connection fee and previous monthly usage charges will be waived. Monthly water usage will be charged on a flat rate fee beginning May 1, 2006, and will be charged a metered fee once the water meter is connected. 4. The City has determined that even though the structure is currently served by a 2" service line, the property owners' private plumber can reduce the service down to three-quarter inch (W') inside the building, which will greatly reduce the Water hnpact Fee. a: M !:: ..., Lt) :: ,... _ <D Qog M"'~ N&~ N~~ ~ ~ - ~ _E iiiiiiiiii ~ -lE - =0 =u ~c: -- -- =- -- iiiiiiiiiiii -; iiiiiiiiii ~ g !!!!!!!!!! ~ -~ - iiiiiiiiii -; ~~ 5. In furthcr recognition of partial responsibility, the City will base the Water Impact Fee on the amount required in 2001, which is $2,142.29. 6. The City has agreed to enter into a monthly payment plan, and the Wiersemas herein agree to make monthly payments, for Water Impact Fees ($2,142.29) and the Water Mcter cost ($227.25). The total amount owing for these fees is $2,369.54. ThIS amount will be due in twenty-four (24) equal monthly paymcnts of Ninety-Eight Dollars and Seventy-Three Cents ($98.73), and this amount will be added to the propcrty owner's City of Bozeman monthly utility statement for the property located at 195 Competition Drive. This amount will be added beginnmg with the July 2006 utility statement. 7. The Wier&emas specifically agree to authonze the City to file a Hcn on said property for any delinquent water charges, including the aforementioned monthly payment of $98.73, owed to the City including attaching said delinquencies to the city assessments which are filed with the Gallatin County Clerk and Recorder. The Wiersemas further acknowledge that should these charges not be paid, these liens shall be enforceable against the future heirs, assigns or purchasers of the subject property. Thus, the Wiersemas specifically agree to authorize the City to record this document with the Gallatin County Clerk and Recorder as a lien on the property. Per City Commission Resolution No. 3828, utility bills are due on or before the fifteenth (1 jlh) day of each month, and if not paid by that date, will be considered delinquent. If said charges are not paid in full by the fifteenth (15Ih) day of the following month, water service to the subject premises may be discontinued, after a ten-day wntten notice. For the purposes of this Agreemcnt, water service will include the monthly payment of $98.73. 8. The subject property is currently being connected to municipal sewer service, as the property has been served by a private, central system, and the operator of that system has 111111111111111111111111111111111111111111111111111111I ~~~~~?~~~p Gharlotte Mills-Gallatin Co MTMISC 56.00 determined it is the best interest of the ~ubdivision the private central sy~tem serves, to disconnect from the private central system and connect an properties wlthin the subdivision to mumcipal sewer, which is now locatcd adjacent to the subdivision. 9. Sewer Impact Fees, at the current rate, must be paid before the subdivision property can be connected to municipal sewer. There are no provisions for time-payment of this fee. 10. In the cvent that either party incurs legal expenses, including the costs, expenf>ef>, salary and fees of in-house coun!lel, to include City Attorney, to enforce the terms and conditions of this Agreement, the prevailing party is entitled to recover reasonable attorney's fees and other costs and expenses, whether the same are incurred with or without suit, including fees on appeal. P) ~ fI) = ,... II> ~ Gi)ol fl)l') ~ N.g NllI- :~ ~ g == UJ ~ C') ~ ... z: ~ ~E: -- =tl c ~... - --;; ~- "., - ~ I __ 3 ---= c -~ ~~ =-- ::::::::::;-. .. -----= .c _<I) 11I1111 11111 11111 1111111111111I11111111111 1111111111111 g~~f:~ ~ p Charlotte Mills-Gallatin Co MTMISC 56.00 tt) ~ t') - .......- 5)0) t'). ~ NI~ No.3 3 ~lll ii!i!!! ==== 1ll ..-- ;;;Ii ~ 8 ll!IE5 -- iii~ -'i' iii::d -" iiiiiiiiii : -== _& ~~ RIchard Wiersema STATE OF MONTANA County of Gallatin \ ~l\\\ "\\1 \\1 I\~\ \\1\\\ "Ill \\1111 III l~I 1111 ~II ~~~~f~~p Charlotte Mills-Gallatin Co MTMISC 56.00 . . . :ss On the ~day of !':!!'1 . 20~. before me, a Notary Public for the State of Montana, personally appeared Richard and Kathy Wiersema. known to me to be the person descnbed 10 and who executed the foregoing Agreement, whose name IS subscnbed to the wlthm Instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my sea) on the day and year first wnUen above. ~~~ Notary Public for Slate of Montana PF.fN ,1)"",1...6 Ponted Name ,. ~ltljofiillng.~t:b1"I"U/- -.,~'~~lOn Expires: (f'17 . ;;'0 .41.... '0 .~ f ~ (Se.1i~'i; j " \.~>;;:~;;~.~~::/ , 20~ '. CITY OF BOZEMAN I ..~:"".1'. ..., 1." (}"> ) . f~.\. "'4);..... N ~ 'to.' ;....~.....,.." I...... :" JJt. " if' ,." ... "l'.. I ~...... rv ""./,#".. ~ ~~ to'''' ... I' ( . ., ,.,... ~.~ r .., '. ". ""'1 . .-, ';'L!.~ \',~ "~ .". ""i' 0... . ;~~_I,." ..~7 : ~ ~ ~ ~1. -..c..\' .. ~.;.. .. ':.. ;~. .~ ~ '1l -..", . },~' .(#.r'4., 'r~~~'f Cti~ff." 1-~" f;.: . STATE OF MONTANA ) :ss By:~A- ?LL1t Chns A. Kukulskl, CIty Manager - .. ..~ . County of Gallatm a: fI) ~ t~ ~ In ;: On the _ 5 day of -.J ",,,e. _, 2~ before me, a Notary Public for the State of Q'O g Montana, personally appeared Chris A. Kukulski and Brr'+ fo^ +rn 0 r , known to ti)1ll N N . i me to be the persons descnbed m and who executed the foregomg Agreement as City Manager N 1 ~ and CIty Clerk of the Clty of Bozeman, whose names are subscnbed to the WithIn Instrument and [ill acknowledged to me that they executed the same for and on behalf of said CIty. =11> --.C'l --- --- - =0 -on -;: iiiiiiiiii ... -IE - =0 u ~c;; _.~ -- =" -... ~ -, =- _0 =c: _'" -> iiiiiiiiiiiiiii ". -II =... -... -II ===~ ) IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first wntten above. .~~~'\ \\, \:. ~ ~, jJl.t ~:?'" ::E+ . I' ,~, , ...... ~~-~ W Pubhc for Slale of Montana WIt1tI 8~e I Pnnted Nam'j, _ . ..A r. '" f!'jj, Resldlng at: t:X.l(AJf ll.JJ I" My CommIssion ExpIres' .. IJ . 2091- ..:: ()1. l" -:;:..,.... c;; .. " 0;-;" " . *. ,,<:'l,"" .' , . ~ ~ " ~ ~" \ 4 111111111111 111111111111111111111111111 ~ 1111111111111 ~~;~ ~f:~ ~, Charlotte Mills-Gallatin Co MTMISC 56.00 -. . . Page 1 of 1 Leslie Heck From: Laurae Clark [Lclark@BOZEMAN .NET] Sent: Wednesday, December 27, 2006 11: 1 0 AM To: Leslie Heck Subject: Executive Auto Detail Leslie, The agreement was initially for $2,36954 They have made payments for the last six months totaling $592.38 Therefore, the remaining balance to payoff in January would be $1,777.16. The City Attorney's office will send a release once funds are received If this needs to be done on a specific date-like at closing, please give us a couple of days notice of that date to get it prepared. Let me know if you have any questions? Laurae Clark Treasurer City of Bozeman (406) 582-2326 Iclark@bozeman. net 11111111111111111 I11I1111111 11I11111111111 1111111111111 ~~;~~f:~~p Charlotte Mills-Gallatin Co MTMISC 56.00 12/27/2006