HomeMy WebLinkAbout08- Bargain and Sale Deed Dept. of Transportation Babcock to Kagyti
A
c Montana Department of Transportation Jim Lynch, Director
--mg A.— -Nh pride G/endive District Office Brian Schweitzer, Governor
503 N River Avenue
PO Box 890
G/endive, MT 59330-0890
June 6, 2008
City of Bozeman, Montana, a Municipal Corporation
PO Box 1230
Bozeman, MT 59771-1230
Subject: STPU 1201(13) UPN 4952-013
Babcock to Kagy - Bozeman
P31- Deed Revision
In processing the instruments for the above parcel, MDT encountered some difficulties. Our
title company is hesitant to record the deed and grant title insurance because, the title
(authority) of the person signing the deed was neither noted on the deed itself nor within the
notarial acknowledgement.
As I wasn't sufficiently familiar with the details of who specifically has signatory authority for
the City of Bozeman, I didn't, prior to presenting it to the City of Bozeman for consideration,
type the name & title of the person who would sign below the signature line on the deed.
While the necessary elements are all present in the notarial acknowledgement and there is
nothing "wrong" with the way it was completed, the department/title company would like a
more somewhat more complete notarial acknowledgement than the one chosen by notary.
To correct these deficiencies I have revised the deed itself so that it specifically identifies Mr.
Kukulski as the City Manager of the City of Bozeman beneath the signature line; the
department requests that Mr. Kukulski sign this revised deed. In completing the notarial
acknowledgement, the department requests that the notary identify the person signing the deed,
the title of the person signing the deed, and the entity on behalf of which he signed the deed.
For example the "grantor(s)" line of the acknowledgement could be completed as, "Chris A.
Kukulski, City Manager for the City of Bozeman, a Municipal Corporation."
After the revised deed has been signed and the notarial acknowledgement completed, please
return it to me in the SASE to which it is attached. I have attached a copy of the revised deed
to this letter; this is for your records and need not be returned.
Please accept my apology for any inconvenience this activity has caused. Your cooperation is
greatly appreciated and your immediate attention to this will help us keep the project on track.
If you have',�qy questions,
John N. Ha
Right- ay Agent
cc: file
me a call at our toll free number 1-888-689-5296.
Phone: (406) 345-8200 An Equai Opportunity Empioyer TTY.• (800) 335-7592
Tol%free: (888) 689-5296 Web Page: www.mdt.mt.gov
Montana Department of Transportation
Right -of -Way Bureau
PO Box 201001
Helena, MT 59620-1001
R0W\Forms\PIn\521
State of Montana
Department of Transportation
Right -of -Way Bureau
2701 Prospect Avenue
PO Box 201001
Helena, MT 59620-1001
Project ID: STPU 1201(13) Parcel No.: 31
Designation: Babcock to Kagy - Bozeman
Project No.: 4952-013
Bargain and Sale Deed
Revised 2/12/08
County: Gallatin
This Deed, made this day of , 20_, in consideration of
the sum of One Dollar ($1.00) and other good and valuable 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 for 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 SW'/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)
Bargain And Sale Deed Parcel No.: 31
Project ID: STPU 1201(13)
Designation: Babcock to Kagy - Bozeman
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 Deed.
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 shares, 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 to 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.
Chris A. Kukulski, City Manager
City of Bozeman, Montana, a Municipal Corporation
State of
County of - Jt/iL(Al 1
This instrument was acknowledged before me on d Y_
�� (date)
State of
County of
This instrument was acknowledged before me on
by
(Seal)
ature Line
me
Notary Public for Sit -ate of
Residing at:
My Commission Expires:
(Grantor(s))
(date)
Notary Signature Line
Notary Printed Name
Notary Public for State of
Residing at:
My Commission Expires: