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Home My WebLink About05- Emil Anderson Purchase AgreementThis a and entered into this 19 da of ber� 2005. b and between the k-lit of Bozeman (hereinafter the Cit with offices at 411 East Main, Bozeman', Montana and Fmil Anderson at P.O. Box 3654, Bozeman, Montana 59772 WHERF,AS Anderson owns certain real propert adjacent to Durston Road in the Cit of I the Cit desires to construct certain improvements includin wictenin tne- street, installin sidewalks and, constructin replacin maintainin or repairin water and sewer mmumml '"'AEREAS, it necessar for the Cit to ac certain real propert ad to Durstoi Road as well as a temporar construction easement in order to allow it construct thesl improvements; anit WHEREAS, Anderson has a to sell to the Cit said interests in the propert NOW THERIEFORIE in consideration of the mutual promises and covenants contained here ' the parties mutuall promise and coveriant. as follows: I - In consideration of the pa and the specific a to be performed b both . as set forth in, this a Anderson a to provide to the Cit a recordable q uit claim deed within thirt ( 30) da of the Cit acceptance of this a The q uit claim deed shall g rant the Cit all ri and title to a portion of the real propert known as Parcel I .7-lon West Durston Road, Cit of Bozeman, Count of Gallatin and more particularl described IMS A tract of land bein part of that land described in Film 87,, Pa 1894, as filed with the Gallatin Count Clerk & Recorder, located in the southwest q uarter of Section 21, Township 2 South, Ran 5 East, P.M.M., Gallatin Count Montana, bein more particularl described as follows: A strip of land l north of and bein 45.00 fee wide, when measured at ri an from the followin line: The ends of said strip of land are len or shortened, as re to tenninate on the east and west lines of said land described in Film 87, Pa 1894, Said strip of land contains 7,432 s feet, more or less. 2. Anderson further g rants the Cit a temporar ri of entr to enter and use a 15 foot wide and 30 foot lon rectan piece of land adjacent to and south of the proposed ac durin construction and as depicted on Exhibit "A" attached. Said temporar easement shall ( de the Cit authont to enter the propert durin the construction of the Durston Roal improvements. Anderson hereb a to provide the Cit with a recordable temporar easement within thirt (30) da of the Cit acceptance of this a The Cit ri to use this strip of propert shall automaticall terminate at the end of construction, 3. In exchan for the fore the Cit a to pa to Anderson the sum of $11,800.00. Said pa shall be made within thirt (30), da of the Cit successfid recordin of the q uit claim deed and temporar easement. All pa under this a shall be made to Emil Anderson and mailed to P.O. Box 3654, Bozeman, Montana 59772-3654. 4. The parties mutuall understand and a that possession of the propert will b* turned over to the Cit of Bozeman at the time the deed is accepted b the Cit The parties further a that the Cit shall have ri of entr from date the Temporar Easement is accepted b the Cit until the project is full coi-ripleted. M 5. The Cit of Bozeman shall be responsible for all costs and fees associated with this L transaction., inctuain but not i1mited to the preparation of all documents of transfer, closin fees and recordin fees. VI 6. This A shall be construed and g overned b the laws in the State of Montana. Fn the event of liti concernin this a the proper venue shall be the Ei Judicial Distn*ct Court., Gallatin Count Montana. 7. All terms of this a shall be bindin upon and inure to the benefit of, and be enforceable b the heirs, assi and personal representatives of the partiel 8. In the event either part resorts to liti to en for, ce an of the terms or conditions of this a then the prevailin part shall be entitled to reasonable attorne fees ant costs, to include fees, costs, and salar of in-house counsel. FN WITNESS WHEREOF, the parties hereto have executed this a the da and y ear as written below. LANDOWNER Emil Anderson (Date) THE CITY OF BO EMAN < 09/19/05 Chris A. Kukulski, Cit Mana ( Date ) ATTESTED BY: A 0 9 [11-91 5 Clerk of the Cit Commission (Date)