HomeMy WebLinkAbout08- Right-Of-Way Agreement State of Montana Department of TransportationSTATE OF MONTANA DEPARTMENT OF TRANSPORTATION
(hereinafter referred to as State, Department and/or MpT)
RIGHT-OF-WAY AGREEMENT
ROW\FORMS\ACQ\200 (Revised 2-6-2004) PE PROJECT ID:
Babcock to Kagy-Bozeman R/Wi,PROJECT ID:
DESIGNATION {
Gallatin UNIFORM (PROJECT No.:
COUNTY '
Parcel From Station To Station Subdivision Section
31 19+g6 20+26 Tract 3 of tract located in W%zSW%SWi~ 12
(plat reference Film 16, p 1154)
List Names ~ Addresses of the Grantors '
(Contract Purchaser, Contract Seller, Lessee, etc.)
i
City of Bozeman, Montana, a Municipal Corporation
PO Box 1230
Bozeman, MT 59771-1230 '
STPU 1201(10)
STPU 1201(13)
4952T013
Township Range
2S 5E
In consideration of the payments herein set forth and the specific agreements to be pertormed by the
parties hereto and written in this agreement, the parties bind themselves to the terms and conditions
stated herein. No verbal representations or agreements shall be binding upon either party. Grantor
certifies that any encumbrances on the property are shown on this agreement. This agreement, is
effective upon execution by the Acquisition Manager or a designated representative, and possession of
the property is granted to the Department when i# sends the payment(s) agreed to below. Grantors
contract that they will, on Department's request, execute a deed and/or easement required by Department
for all real property agreed to be conveyed by this agreement.
2. COMPENSATION FOR LAND AND IMPROVEMENTS (List acreage and improvements to be acquired.)
931 SF (86 mZ) land (by deed) $12,103
Site Improvements: including sad, sprinkler heads, asphalted areas, etc. $2,085
3. OTHER COMPENSATION:
656 SF (61 m2) land (by temporary permit) $1,712
4. TOTAL COMPENSATION (includes all damages to the remainder): $15,900
5. IT IS UNDERSTOOD AND AGREED THE STATE SHALL MAKE PAYMENT AS FOLLOWS:
A warrant in the amount of $15,900 to be made payable to: City of Bozeman, Montana, a Municipal Corporation;
PO Box 1230; Bozeman, MT 59771-1230.
6. At no expense to the Grantors and at the time of highway construction, permission is hereby granted the State
and/or its contractors to enter upon the Grantor's land at the locations and for the purposes described as follows:
A. Station 19+96 To Station 20+26 f2m (~6-feet) wide TCP to construct RT SOP
sidewalks
It is understood and agreed that temporary construction permits will commence on the date the State gives its
contractor notice to proceed with construction of this project and will remain in effect for a period of two (2) years
from that date.
It is further understood and agreed that upon the completion of the construction of improvements within the
temporary construction permit, said improvements will be considered the sole property of the Grantors and the
maintenance and repair of said improvements will be the responsibility of the Grantors.
Page 1 of 3
R/V1l Project ID: STPU 1201(13) UPN# 4952-013 Parcel No.: 31
(Continued from Previous Pag®)
Permission is hereby granted the State to enter upon the Grantors' land, where necessary and for the purpose(s)
described as follows:
A. Station 20+03 Build 12.2m (40-foot) Private Approach RT SOP
It is understood and agreed'by the parties hereto that the location of these approaches are subject to adjustment
at the time of construction to achieve the best physical location for said approaches. Adjustments exceecjing 15'
from the specified location requires concurrence of the Grantors.
Grantor shall maintain, at their sole expense, all private and farm field accesses identii•ied in this agreement.
Accesses will be maintained in a condition that is satisfactory to MDT. Grant~r further agrees to conduct
maintenance activities in a prudent manner providing for the safe and continu d operation of thru traffic on the
highway. Physical changes in size or location of these accesses cannot be made without first obtaining an
approved approach permit from MDT.
All drainage facilities within the existing right~f--way/easement associated with these accesses, i.e., approach
culverts, drainage ditches, will be maintained by MDT at MDT's sole expense.. MDT will not maintain any drainage
facilities installed solely for the perpetuation of private irrigation waters.
$. Included in the amount shown in items 4 ~ 5 above is compensation for portions of sprinkler heads. On or before
May 1, 2008, Grantor agrees to have their remaining sprinkler system separated from the portions of that system
located on the land being acquired, either permanently or by temporary permit. After that date, the portions of the
sprinkler system located on the land being acquired become the property of the Montana Department of
TGansportatian and its agents or assigns may remove said sprinklers and connecting waterlines without further
compensation. I
9. Included in the amount shown in items 4 i~ 5 above is compensation for landscaping items such as sod, trees and
shrubs located within the area being acquired. Generally, safety, common construction and utility relocation practices
require that these items will have to be removed in order to construct the project.
However, in some cases, where deemed appropriate by MDT personnel, such items located within the acquired
area (typically located within the outermost edges of that area) may be left in place in order to promote aesthetics
along the highway. In the event such items are removed, no further compensation will be made.
Where such landscape items lie close to the common property line and have to be removed, roots will be cut,
and/or other measures will be taken to minimize the disturbance of land and appurtenances lying outside the area
being acquired. However, some disturbance may inadvertently occur.
Where trees are located outside the construction limits but within the area of a temporary construction permit, they
will not be disturbed. No compensation for these items is included in this offer, and, in the event such trees need to
be removed during construction, the contractor and MDT will contact the landowner
10. Grantor may, at its discretion and before May 1, 2008, remove any of the sod, trees, shrubs, sprinkler heads or other
site improvements located with the area being acquired by the department. In removing such items, Grantor agrees
to work in a safe manner and not impede or otherwise disturb traffic.
11. City of Bozeman, Montana, a Municipal Corporation, owner of record of the parcel, does for itself, its heirs, its assigns
or successors hereby completely release and forever discharge the State and/or its agents and contractors from any
and all claims, demands, and causes of action of any nature whatsoever for damages which may have occurred or
may hereafter occur to the described properly, personal property or persons by reason of the loss of the items listed
below due to the construction, operation and maintenance of STPU 1201(13) UPN# 4952-013; Babcock to Kagy -
Bozeman
Sprinkler heads
Trees, shrubs, hedges, sod and other landscape items
12. Upon exercising the right to remove items (including but not limited to sprinklers; trees, fences, signs, etc.) from
the area being acquired, Grantor covenant and agree to fill in any holes and to remove any projections from
remaining structures or portions of structures so as to protect pedestrians, bikers, animals and others that might
also use the Right-0f-Way.
Further, the Grantor agree to protect the State and save it harmless from all claims, actions or damages of
every kind which may accrue to, or be suffered by, any person or persons by reason of the pertormance of such
work or by the improper occupancy of the highway right-of-way...and an case any suit or action is brought against
the State, arising out of any of the above causes, the Grantor will defend the same at their sole expense and
satisfy any judgment which may be rendered against the State.
13. Included in the amount shown in items 4 & 5 above Is compensation for portions of asphalt drive. Where this is
affected by the project, it will be saw cut ar otherwise separated from their remainders so that the remainder is not
cracked or otherwise adversely affected. Such a separation may occur at the property line or may occur within the
highway Right-of-Way as is deemed appropriate by MDT personnel.
14. Where trees and shrubs lie close to but outside of the Right-of-Way and overhang the Right-of-Way, the department,
its agents or assigns, may have to tie back, trim or take other measures to allow work within the Right-of-Way to
occur or to allow traffic signs, signals, etc. to be seen by the traveling public.
Page 2 of 3
t
RNV Project ID: STPU 1201(13) UPN# 4952-013
(Continued from Previous Page)
Approved as to all NSOP Items
(Must be signed if applicable)
Signature Date
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT ON THE DATES SHOWN:
We understand that we are required by law to provide our correct taxpayer identification number(s) to the Montana
Department of Transportation and that failing to comply may subject us to civil and criminal penalties. We certify that the
number(s) below is/are our correct taxpayer identification number(s).
~I ~-a$ ~ ~ ~I(~D01~38'
ignature (Date) '. Tax ID No.
Signature
(Date)
Signature
(Date)
Signature
(Date)
Parcel No.: 31
Tax ID No.
Tax ID No.
Tax ID No.
IN WITNESS WHEREOF, the parties hereto have executed this agreement an the dates shown.
RECOMMENDED FOR APPROVAL: APPROVED FOR AND ON BEHALF OF DEPARTMENT:
John N. Haas, Right-of-Way Agent
(Date) R/W Supervisor
(Date)
Consultant Project or RM/ Manager (if applicable) (Date) ' Acquisition Manager (Date)
Page 3 of 3
, Montana Department of Transportation
F~igtit-of-Way Bureau
PO Box 201001
Heiena, MT 59620-1001
ROW\Forms\Pln\521
State of Montana
Department of Transportation
Right-of-Way Bureau
2701 Prospect Avenue
PO Box 201001
Helena, MT 59820-1001
Revised 2112108
Project ID: STPU 1201(13) Parcel No.: 31
Designation: Babcock to Kagy -Bozeman
Project No.: 4952-013
Bargain and Sale Deed
County: Gallatin
This Deed, made this _~_1_____ day of w ~ , 20~, in consideration of
the sum of One Dollar ($1.00) and other good and luable consideration now paid, the receipt
of which is acknowledged, witnesses that,
City of Bozeman, Montana, a Municipal Corporation
P.O. Box 1230
Bozeman, MT 59771-1230
does hereby grant, bargain, sell and convey to the Montana Department of Transportation
the following-described real property:
Parcel No. 31 on Montana Department of Transportation Project STPU 1201(13), as shown on
the Right-of-Way plan far said project recorded in the office of the County Clerk and Recorder of
Gallatin County, Montana. Said parcel is also described as a tract of land in Tract 3 of that
certain tract of land located in the W'/z of the 5W'/4 of the SW'/4 of Section 12, Township 2
South, Range 5 East, P.M.,M., City of Bozeman, Gallatin County, Montana, as shown by the
shaded area on the plat, consisting of 1 sheet attached hereto and made a part hereof,
containing an area of 86 m2 (931 sq. ft.), more or less.
(Plat Reference: Film 16, page 1154)
RW:D2:4952:p31:thw
Page 1 of 2
Bargain And Sale Deed
Project ID: STPU 1201(13)
Designation: Babcock to Kagy -Bozeman
Parcel No.: 31
Excepting and reserving to Grantor(s), however, all gas, oil and minerals beneath the surface of the above-described
and conveyed premises, together with the right to extract the same, provided that in the exercise of such right, the surface thereof
shall not be disturbed, interfered with or damaged. This exception and reservation does not include sand, gravel and other road
building materials, which are conveyed by this peed.
Further excepting and reserving unto the Grantor(s), its successors and assigns, all water, water rights, ditches, canals,
irrigation systems, existing or as relocated, if any, including but not limited to, water stock or sh' res, bonds, certificates, contracts
and any and all other indicia of water, water right and ditch ownership, or any Interest therein appurtenant to the land described
therein, save and except groundwater for the use, benefit and purposes of the Grantee(s).
To have and tp hold the above-described and conveyed premises, with all the reversions, remainders, tenements,
hereditaments and appurtenances thereto, unto the Montana Department of Transportation, and to its successors and assigns
forever
This Deed was executed on the date of its last acknowledgment.
--.--- r
State of D
County of
This instrument was acknowledged before me on l~ `~ ~ ' ~~
~1 P /Z i / .. r (date)
by
State of
County of
G- .
..:,
.. .
,,.
'this instrument was acknowledged before me on
by
My Commission Expi
(Grantor(s))
(date)
Notary Signature Line
(Seal)
Notary Printed Name
Notary Public for State of
Residing at:
My Commission Expires:
Recording information
Page 2 of 2
Form 488 (RTC) Revised 7/D6
REALTY TRANSFER CERTIFICATE
CONFIpENTIAL TAX DOCUMENT
WHO MUST FILE: Any party transferring real property regardless of whether the transfer is or is not evidenced by deed or instrument
or any party presenting an instrument or dead evidencing a transfer of real estate far recordation. Real estate includes .land, growing
timber, buildings, structures, fixtures, fences, and improvements affixed to land.
YOU MAY OWE INCOME TAXES: Any gain on this transfer is Montana source income and should be reported to the Department of
Revenue on the appropriate income tax return.
WHEN AND WHERE TO FILE:
The completed Realty Transfer Certificate must be filed with the County Clerk & Recorder when the instrument or deed evidencing a
transfer of real estate is presented for recording.
`
If the transfer is by operation of law, then a Realty Transfer Certificate with the required supp
~rting documentation should be filed with
the local Department of Revenue Office where the property is located. Please see Part 4 for further detailed information.
The Department of Revenue will change the ownership record when this form is fully and accurately completed and signed.
PART 1 -DATE OF TRANSFER (SALE)
This should be the date on which the instrument or deed was executed (the date the instrument or deed was signed by the Seller
(Grantor) and Buyer (Grantee) unless otherwise specified in the deed or date of decedent's death). Contracts for Deed and Notices of
Purchaser's Interest should use the date the contract or notice was initially signed, not the date the contract was finalized.
PART 2 -PARTIES
Seller (Grantor)/Buyer (Grantee): Enter the names of the seller (grantor) and buyer (grantee) exactly as they appear on the
transferring document. Business organizations, corporations, trusts, etc. should enter their name(s) exactly as it appears on the
transferring document. ,
Addresses: For the seller (grantor) enter the current mailing address. For the buyer (grantee) enter the permanent mailing address. If
the tax notice is to be sent to a different mailing address, please complete the additional mailing information.
5SN or FEIN: For individuals, list the social security number of all legal owners named in the transferring document. Business
organizations, corporations, trusts, etc. list the federal ID number(s) of the legal entity(ies) named in the transferring document, § 15-1-
3Q1, MCA and 42 USC § 4i)5(c)(2)(C)(i)(iv), The Department of Revenue utilizes personal identification numbers to cross match Realty
Transfer Certificates with income tax returns to ascertain taxpayer compliance on gains from real estate sales or transfers and to identify
delinquent taxpayers. Additional SSN or FEIN numbers may be provided an an attachment.
Daytime Phone: Enter phone numbers for both the seller (grantor) and buyer (grantee).
PART 3 -- PROPERTY DESCRIPTION
This section identifies the parcel that is being transferred by location and is the legal description found on the instrument or deed
conveying the real estate or the abstract to the real estate.
The property description may be provided on an attachment, and be identified by checking the applicable box.
PART 4 -TYPE OF TRANSFER (Please refer to "When and Where to File" above.)
Transf®r by Recorded Instrument: Check the box(es) that apply to the type of transfer for which an instrument has been recorded
with the County Clerk and Recorder.
Transfer by Operation of Law: Check the box(es) that apply to the type of transfer. A copy of the following applicable documentation
must be attached tv the Realty Transfer Certificate.
• Termination of Joint Tenancy by Death -death certificate and deed that created the joint tenancy with right of survivorship.
• Court Decree -
• Personal Representative, Special Administrator or Public Administrator -death certificate, order of appointment and
letters of administration and an affidavit that their appointment has not been terminated.
• Conservator -Order of Appointment and letter of conservatorship or copy of the order terminating the
conservatorship.
• Merger, consolidation or other business reorganization -plan of reorganization.
• Name change only -documents filed with the Secretary of State to accomplish the name change.
PART 5 -EXCEPTION FROM PROVIDING SALES PRICE INFORMATION
If any of the exceptions listed apply to this transfer, please check the appropriate line and do not complete Section 6. If you are unsure
whether this transaction should be defined as an exception, or if you have any other questions concerning exception status, please
request a determination from your local Department of Revenue Office.
PART 6 -SALE INFORMATION (If there is no exception checked in Part 5, you must complete this section.)
CONFIDENTIALITY: Sale information is confidential and only fnr official use by the Department of Revenue.
Enter the total purchase price paid for the sale parcel. This should include cash, mortgages, property traded, liabilities assumed,
leases, easements and personal property.
Financing: if you paid cash for the entire sale parcel, check the box in front of Cash. If you financed the property by receiving a loan
indicate the type by checking the appropriate box; Federal Housing Administration (FHA) Loan, Veterans Administration (VA) Loan or
Conventional, If this was a contract for deed or trust indenture, indicate by checking the box in front of Contract. If there was some
other type of financing used such as a Montana Board of Housing Loan, trade of property, etc. please indicate by checking the box in
front of Other. Also, indicate whether this was a new loan or an assumption of an existing loan.
Persona/ Property: Enter the dollar amount of any personal property included with the sale of this parcel. Personal property includes
furniture and fixtures, business and farm equipment, livestock, recreational vehicles, leases and easements, and mobile homes.
Anything that is permanently attached to the real estate should not be included. Negligible personal property included in a residential
sale need not be reported.
SID (Special Improvement District -liens levied against the property for amenities like street paving, sewers, water systems,
etc.): Please answer the questions by checking the appropria#e boxes, also include the amount of the SID paid or assumed.
Value of Inventory: Please provide the value of any business inventory that was included in the sales price.
Value of Licenses: Please provide the value of any licenses included in the sales price i.e. liquor licenses, gambling licenses, etc.
Value of Good Wi//: Please provide the value of Gvvd Will included in the sale price. (Good Will is defined as "the economic
advantage over competitors that a business has acquired by virtue of habitual patronage of customers".)
PART 7 -WATER RIGHTS DISCLOSURE -This disclosure must be completed and signed by the seller or the seller's legally
appointed agent. Refer to the back of this page (page 2) for further information about the disclosure.
PART 8 - PREPARER INFORMATION
All Realty Transfer Certificates must be signed and dated by the preparer. By his/her signature the preparer indicates the information
provided is true and correct to the best of his/her knowledge, that the seller (graritor) and the buyer (grantee) have examined the
completed Realty Transfer Certificate and agree the information contained within is correct and accurate.
Nage ~ aue
WATER RIGHT DISCLOSURE INFORMATION
The Water Right Disclosure is required by Montana Law. Legislators decided it is important far both
the buyer and seller of property to know what the water right situation is -whether any water rights
exist, and whether they are being transferred with or withheld from the property.
A water right is a legally protected right to beneficially use water in pri 'nty that was obtained in
accordance with Montana law. Buyers should be careful to investigate~hether water being used on a
piece of property amounts to a valid water right, or is merely an unauthorized and unprotectable use
of water. In Montana all irrigation water rights must have a valid DNRC'water right number to be of
record. However, existing rights for livestock and individual domestic, as opposed to municipal uses,
based on an instream flaw or groundwater source before July 1, 1973, do not need a DNRC water
right number. If a water right does not have a DNRC number, and does not fall within the above
narrow exception, then there is no water right.
Once the water rights appurtenant to a piece of property have been identified, the investigation of
water right should not stop there. Although a water right may have a valid DNRC water right number,
it may still be subject to final adjudication in Montana's general stream edjudicatian. The Montana
Water Court is currently adjudicating all Statements of Claim for pre-July 1, 1973, water rights. How
good a water right is depends on haw it comes out of the adjudication, and how its priority compares
to other water rights on a source of supply. You may need to consult an attorney or water rights
consultant for an opinion as to the status of that water right. The Montana Water Court can answer
questions about the current status of Statements of Claim being adjudicated by calling 1-800-624-
3270 (in state) or 406-586-4364.
If there are water rights which have been historically used an the property being transferred, but are
not going to be transferred in the sale of land, the deed must specifically reserve those water rights.
Otherwise, if the deed is silent, the water rights automatically pass with the land by operation of law.
The following descriptions may be of some help in determining which box to mark in Part 6, Water
Rights Disclosure. If further assistance is needed, you may want to seek legal advice.
- Seller (Grantor) has water rights on record with DNRC and some or all transfer to Buyer
means there are water rights on file with the Department of Natural Resources & Conservation
that apply to the land being sold. Either some or all of those water rights will transfer to the
buyer. An Ownership Update form (Farm #608) must be filed to update the ownership of the
water right. Use the buff colored form attached to this RTC packet or the form can be found on
the Internet at http://www.dnrc.mt.gov/wrd/water rts/wr general_infa/wrforms/wr_forms.asp.
- Seller (Grantor) does not have water rights on record with DNRC means that there are na
water rights on file with the Department of Natural Resources & Conservation that apply to the
land being sold. If water is used on the land, please contact your local regional office for
assistance.
- Seller (Grantor) is exempt from this disclosure requirement means the seller is exempt
from the Water Right disclosure requirement because the property is served by a public water
supply or the deed was in escrow prior to January 1, 1998.
Contact the DNRC for information if water is used on the property other than described above.
Page 2
Form 488 (RTC) Revised 7l06
REALTY TRANSFER CERTIFICATE G~ocoDE(s)
CONFIDENTIAL TAX DOCUMENT
The information contained in this certificate is confidential by
Montana law. Unauthorized disclosure of this information is a
criminal offense. ASSESSMENT CODE(S)
PART 1 -DATE OF TRANSFER (SALE) The Department of Revenue will change the name on ownership records used for the ~
Q~ assessment and taxation of real property when this form is fully and accurately completed and ~
~ r) ~D~ U (MM/DD/YYYY) signed. (Please read the attached instructions for assistance in completing and filing this form.) a
Montana law naqulres this form be completed and may Impose up to a 5600 penalty for H O
fallura to file a Rea Transtbr Cartlflcate 16-7-304, 306 and 310, MCA). ~
PART 2 -PARTIES Please cam late this section in full, if addltlanal s ce is r uired, ~ ease attach a separate page.
SELLER Grantor C1 ea
( ) SSN or FEIN
Name City of Bozeman, Montana, a Municipal corporation 1 ~'
Mailing Address ~
( ) PO Box 1230 ~
Permanent Daytime Phone
City Bozeman ST MT Zip 59771-1230
BUYER (Grantee)
Name Montana Department of Transportation
Mailing Address PC Box 201001
(Permanent)
Mailing Address
for Tax Notice
(if different)
2701 Prospect Avenue
City Helena ST MT Zip 59620-1001
City
ST Zip
81-0302402
SSN or FEIN
Daytime Phone ~406~4-6071
Transfer a Trustee, Custodian, or
other Representative:
Trust FEIN
Minor SSN
~ PART 3 -PROPERTY DESCRIPTION Please complete_fully, if additional space is required please attach a separate page. ~
Legal Description: a tract of land as shown on the attached exhibit containing 931 square feet, more or less Attachment 0
Add/Sub W/SW/SW%.
Gallatin
Block
City/Town Bozeman
Lot
Section 12 Township 2 S Range 5 E
PART 4 -TYPE OF TRANSFER Please complete fully, more than one may apply.
Transfer by Recorded Instrument
0 Sale ^ Gift ^ Barter ^ Part of 1031 or 1033 exchange ^ Transfer is subject to a reserved life estate
Transfer by Operation of Law
^ Termination of joint tenancy by ^ Termination of life estate by ^ Court decree ^ Merger, consolidation, or other
death death business entity reorganization
PART 5 -EXCEPTIONS FROM PROVIDING SALES PRICE INFORMATION Please complete fully, more than one may a pl .
^ Gift ^ Transfer pursuant to court decree
^ Transfer in contemplation of death without consideration ^ Tax deed or sheriffs deed
^ Transfer between husband/wife or parent/child for nominal ^ Foreclosure (include trustee transfer under trust indenture and
consideration deed in lieu of foreclosure)
^ Transfer of property of the estate of a decedent ^ Merger, consolidation or reorganization of business entity
0 Transfer to governmental agency ^ Sale of producing Timber land
^ Correction, modification, ar supplement of previously recorded ^ Land eligible for Agricultural Classification (15-7-201, MCA)
instrument, no additional consideration ^ Transfer to a revocable living trust
^ Termination of joint tenancy by death ^ Purchaser and seller are identical parties
^ Termination of life estate by death ^ Other (specify type)
PART 6 -SALE INFORMATION Please complete fully, more than one may apply.
Actual Sale Price: $ Was an SID payoff included in the sale price? ^Yes ^No
Financing: ^Cash ^FHA ^VA ^Cvntract ^Other Did the buyer assume a SID? ^Yes ^No
Terms: ^ New loan OR ^ Assumption of existing loan Amount of SID paid or assumed: $
Value of personal property included in sale $ Was a mobile home included in the sale? ^Yes ^No
Value of inventory included in sale $ Value of license(s) included in sale $ Value of Good Will included in sale $
PART 7 -WATER RIGMT DISCLOSURE (See page 2 for important information about thls section)
^ Seller (Grantor) has water rights on record ^ Seller (Grantor) does not have water rights m Seller (Grantor) is exempt from this
with DNRC and some or all r er-tn B n r~i with DNRC disclosure requirement
Seller (Grantor) signature ~ !tii
~ PART 8 - PREPARER INFORMATION Preparer's signature is required _ ~
Name/Title John N. Haas, RW Agent IV
Mailing Address PO BOX 890
City Glendive ST MT Zip
Daytime Phone (408)
10
Tra
Clerk and Recorder Use Only
Type oT Instrument:
^ Warranty ^ Trust Deed Recording Information:
^ Quit Claim ^ Interest Document #
^ Grant ^ Notice of Purchaser's Interest Book Page
^ Gontract For Deed ^ Statement of Acknowledgment Date
^ Bargain & Sale Deed ^ Termination of Joint Tenancy
^ Decree ^ Tax Deed
(please print)
Department of Revenue Copy Page 3
Form 488 (RTC) Revised 7/06
REALTY TRANSFER CERTIFICATE GEOCODE(S)
CONFIDENTIAL TAX DOCUMENT
The information contained in this certificate is confidential by
Montana law. Unauthorized disclosure of this information is a
criminal offense. ASSESSMENT CODE(S)
PART 1 -DATE OF TRANSFER (SALE) The Department of Revenue will change the name on ownership records used for the ~
assessment and taxation of real property when this form is fully and accurately completed and ~ m ~;
I (MM/DD/YYYY) signed. (Please read the attached instructions for assistance in completing and flung this form.)
Montana law requires this form be completed and may Impose up to a $500 penslty for u-
failure to file a Rea .Transfer Certlflcata 1G-7-304, 306 and 310, MCA . ~
PART 2 -PARTIES Please complete this section in full, if additional space Is r wired, ~ ease attach a se orate a e. ~.
SELLER (Grantor) ~ J
Name City of Bozeman, Montana, a Municipal corporation ~~,'
Mailing Address .. ______ Q.,;,,{
(Permanent)
PO Box 1230
City Bozeman ST MT Zip 59771-1230 +~'
BUYER (Grantee) ~
Name Montana De artment of Transportation
Mailing Address PO Box 201001
(Permanent) 2701 Pros ect Avenue
City Helena ST MT Zip 59620-1001 -
Mailing Address
for Tax Notice
(if different) City ST Zip
PART 3 -PROPERTY DESCRIPTION Please complete fully, if additional s ace is r wired, lease atkach a se orate a e.
Legal Description: a tract of land as shown on the attached exhibit containing 931 square feet, more or less ~ Attachment
Add/Sub W/SW'/.SW/< Block Lot
County Gallatin City/Town Bozeman Sectien 12 Township 2 S Range 5 E
PART 4 -TYPE OF TRANSFER Please complete fully, more than one may apply.
Transfer by Recorded Instrument
0 Sale ^ Gift ^ Barter ^ Part of 1031 or 1033 exchange ^ Transfer is subject to a reserved life estate
Transfer by Operation of Law
^ Termination of join# tenancy by ^ Termination of life estate by ^ Court decree ^ Merger, consolidation, or other
death death business entity reorganization
PART 5 -.EXCEPTIONS FROM PROVIDING SALES PRICE INFORMATION Please complete fully, more than one may apply.
^ Gift ^ Transfer pursuant to court decree
^ Transfer in contemplation of death without consideration ^ Tax deed or sherifFs deed
^ Transfer between husband/wife or parent/child far nominal ^ Foreclosure (include trustee transfer under trust indenture and
consideration deed in lieu of foreclosure)
^ Transfer of property of the estate of a decedent ^ Merger, consolidation or reorganization of business entity
m Transfer to governmental agency ^ Sale of producing Timber land
^ Correction, modification, or supplement of previously recorded ^ Land eligible for Agricultural Classification (15-7-201, MCA)
instrument, no additional consideration ^ Transfer to a revocable living trust
^ Termination of joint tenancy by death ^ Purchaser and seller are identical parties
^ Termination of life estate by death ^ Other (specify type)
PART fi -SALE INFORMATION Please complete fully, more than one may apply.
Actual Sale Price: E Was an SID payoff included in the sale price? ^Yes ^No
Financing: ^Cash ^FHA ^VA ^Contract ^Other Did the buyer assume a SID? ^Yes ^No
Terms: ^ New loan OR ^ Assumption of existing loan Amount of 51D paid or assumed: $
Value of personal property included in sale $ Was a mobile home included in the sale? ^Yes ^No
Value of inventory included in sale ~ Value of license(s) included in sale $ Value of Good Will included in sale $
PART 7 -WATER RIGHT DISCLOSURE (See page 2 for important information about this section)
^ Seller (Grantor) has water rights on record ^ Seller (Grantor) does not have water rights Ga Seller (Grantor) is exempt from this
with DNRC and some or al sfer to,~3u o r ord with DNRC disclosure requirement
Seller (Grantor) signature )[~
PART 8 - PREPARER INFORMATION Preparer's signature is requir
Name/Title John N. Haas, RW Agent IV (please pri on t Transportation
Mailing Address PO BOX 890 Signa ure
City Glendive ST MT Zip 593 -0890 Daytime Phone (406) 345 210
Clerk and Recorder Use Only
Type of Instrument:
^ Warranty ^ Trust Deed di on:
^ Quit Claim ^ Interest Document #
^ Grant ^ Notice of Purchaser's Interest Book Page
^ Contract For Deed ^ Statement of Acknowledgment Date
^ Bargain & Sale Deed ^ Termination of Joint Tenancy
^ Decree ^ Tax Deed
BuyerlSeller Copy Page 4
Farm 608 Revised 7/06
DNRC WATER RIGHT
OWNERSHIP UPDATE
PART 1 - D1ATE OF T~RrANSFER (SALE)
~ I b (MM/DD/YYYY)
File in WR #:
GEOCODE(S)
ASSESSMENT CODE(S)
SEE IMPORTANT INFORMATION
ON THE BACK OF THIS FORM H
PART 2 -PARTIES Please complete this section in full, li additional s ace is r uired, ~ ease attach a separate page.
SELLER (Grantor)
Name City of Bozeman, Montana, a Municipal corporation ~ e
Mailing Address [:C~'y
(Permanent) PO Box 1230
Daytime Phone
City Bozeman ST MT Zip 59771-1230
BUYER (Grantee)
Name Montana Department of Transportation
Mailing Address PO Box 201001
(Permanent) 2701 Pros ect Avenue Daytime Phone _(406) 444_-6.071
City Helena ST MT Zip 59620-1001
Mailing"Address
for Tax Notice
(if different)
City
ST Zip
PART 3 -PROPERTY DESCRIPTION Please com lets fully, if additional s ace is required, lease attach a se ante a e.
Legal Description: a tract of land as shown on the attached exhibit containing 931 square feet, more or less Attachment m
Add/Sub y~"/SW/aSW'/a Block Lot
County Gallatin City/Town Bozeman Section 12 Township 2 S Range 5 E
Ownership Update Filing Fee: $50.00 for 1 water right and $10.00 for each additional right up to a maximum of $300.00.
A. WATER RIGHT(S) TO UPDATE
List all water rights which need to have ownership updated. Attach a list if additional space is needed. ^ Attachment
^ Statement of Claim No.
^ Ground Water Certificate No.
^ Provisional Permit No.
^ Exempt Right No.
^ Powder River Declaration No.
^ Other
B. SELLER (person relinquishing the water right): If all seller's signatures are not available, attach a copy of the recorded
instrument showing conveyance of the property from the seller to the buyer. If the seller listed is not the person
identified as the water right owner in the DNRC records, attach copies of the recorded documents showing
chain of title including the legal description.
^ Yes ^ No Did the buyer receive 100% of the seller's interest in the water rights shown above? If no,
attach a map showing buyer's property.
^ Yes ^ No ^ NA If the sale is on a contract for deed, does the seller want to remain listed as an owner of the
water right?
Seller Signature: Date:
Seller Signature: Date:
G. FOR QUESTIONS or CLARIFICATION, WHO SHOULD THE DNRC CONTACT?
Name Address Phone #
FOR DEPARTMENT USE ONLY
Fee Recd Check No. TLMS Receipt Nbr. Date Recd
Payor
Refund Date Recd By
Coder RO# OUID#
For Complete Information. See File
COMPLETE AND SEND THIS FORM TO YOUR LOCAL WATER RESOURCES REGIDNAL OFFICE
See back for regional office addresses
Page S
DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION
AND MONTANA WATER COURT
IMPORTANT INFORMATION
- Montana law requires this form be filed by the seller within 60 days after recording a change in ownership of real
property which has water rights on record with the DNRC,
- Do not file this form if your only use of water is from an irrigation district, municipal system, water users
association, or other public water supply.
- Water rights in Montana, including all irrigation water rights, must have a valid DNRC water right number to be
of record. However, existing rights far livestock and individual domestic as opposed to municipal uses based on
an in stream flow or groundwater source appropriated before July 1, 1973, dq not need a DNRC water right
number. If the water use does not have a DNRC water right number and does not fall within the above narrow
exception, then you do not have a water right, Contact the DNRC far information on how to acquire a water right.
Described below is further explanation of exempt rights or water rights which are valid without a DNRC water right
number. A DNRC water right number is not required for the following if the use began:
- prior to January 1, 1962: groundwater used for individual domestic use, as opposed to municipal use;
- prior to January 1, 1962: groundwater used for stock;
- . between January 1, 1962 through June 30, 1973: groundwater used for stock or domestic purpose and a GW1,
GW2, or GW3 form is properly filed in the courthouse; or
- prior to July 1, 1973: instream surface water used for stock or domestic purposes.
If a water right does not have a DNRC number, and does not fall within the above exceptions, then there is no water right.
IF YOU HAVE QUESTIONS CALL YOUR LOCAL WATER RESOURCES REGIONAL OFFICE.
BILLINGS
Airport Business Park
1371 Rim#op Drive
Billings, MT 59105-1978
Phone: 406-247415
Big Horn, Carbon, Carter, Custer, Fallon, Powder River,
Prairie, Rosebud, Stillwater, Sweet Grass, Treasure, and
Yellowstone Counties
BOZEMAN
2273 Boat Hill Court, Suite 110
Bozeman, MT 59715
Phone: 406~8fi-3136
Gallatin, Madison, and Park Counties
GLASGOW
222 Sixth Street South
PO Box 1269
Glasgow, MT 59230
Phone: 406-228-25fi1
Daniels, Dawson, Garfield, McCone, Phillips, Richland,
Roosevelt, Sheridan, Valley, and Wibaux Counties
HAVRE
210 Sixth Ave
Havre, MT 59501-1828
Phone: 406-265-551 fi
Blaine, Chouteau, Glacier, Hill, Liberty, Pondera, Teton,
and Toole Counties
HELENA
1424 Ninth Ave
PO Box 201601
Helena, MT 59620-1 fid1
Phone: 406-444-6999
Beaverhead, Broadwater, Deer Lodge, Jefferson, Lewis and
Clark, Powell, and Silver Bow Counties
I~CALISPELL
109 Cooperative Way, Suite 110
Kalispell, MT 59901-2387
Phone: 406-752-2288
Flathead, Lake, Lincoln, and Sanders Counties
LEWISTOWN
613 NE Main, Suite E
Lewistown, MT 59457-$020
Phone: 40fi 'ti538-7459
Cascade, Fergus, Golden Valley, Judith Basin, Meagher,
Musselshell, Petroleum, and Wheatland Counties
MISSOUL,A
1610 S. Third St. W., Suite 103
PO Box 5004
Missoula, MT 59806-5004
Phone: 406-721-4284
Granite, Mineral, Missoula, and Ravalli Counties
The Montana Water Court is currently adjudicating all Statements of Claim. For the current status of the claim(s) specified
on the ownership update or if you have questions for the Water Court, call 1-800-624-3270 (in sta#e) ar 406-586-4384.
http://dn rc.mt.gov/wrd/default.asp
FILING FEE: $50.00 for one water right and $10.00 for each additional right up to a maximum of $300.00.
Page fi