HomeMy WebLinkAboutProvisionally Adopt Ordinance No. 1824, Authorizing Agreement to Buy and Sell with Northwestern Corp.
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brian Heaston, Project Engineer
Debbie Arkell, Director of Public Services
SUBJECT: Provisional Adoption of Ordinance 1824 authorizing the City Manager to
sign an Agreement to Buy and Sell with Northwestern Corporation, d/b/a
Northwestern Energy, for the sale and conveyance of a 0.05 acre portion
of the City of Bozeman Lower Yards property at 1812 North Rouse
Avenue.
MEETING DATE: April 2, 2012
AGENDA ITEM TYPE: Consent Item
RECOMMENDATION: Provisional adoption of Ordinance 1824 authorizing the City
Manager to sign an Agreement to Buy and Sell with Northwestern Corporation, d/b/a
Northwestern Energy, for the sale and conveyance of a 0.05 acre portion of the City of Bozeman
Lower Yards property at 1812 North Rouse Avenue, with the proceeds of the sale deposited in
the Lower Yards landscaping fund.
BACKGROUND: Northwestern Energy (NWE) is desirous of purchasing 0.05 acres of land
from the City of Bozeman for purposes of expanding its existing natural gas gate station fronting
North Rouse Avenue and adjoining the City of Bozeman Lower Yards property at 1812 North
Rouse Avenue. The expansion will consist of constructing an above-ground piping assembly
known as a “pig launcher”. The pig launcher will serve as an inspection and maintenance portal
at the eastern terminus of the proposed re-route of NWE's existing natural gas transmission main
traversing the city’s north side. The use of the property for the stated purpose is allowable in the
M-1 zoning district which the property is located.
On June 6, 2011, the Bozeman City Commission, by a vote of four to zero, determined that a
0.05 acre portion of the Lower Yards property located at 1812 North Rouse Avenue,
immediately adjacent and north of the existing gas gate station owned by Northwestern Energy,
along with an access easement, furthered the public interest and was no longer necessary to the
conduct of city business.
A draft Certificate of Survey has been prepared that once finalized and filed with the Gallatin
Clerk and Recorder will create the 0.05 acre parcel, along with an access easement, for sale to
Northwestern Energy.
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Keith O’Reilly, MAI, a General Certified Appraiser from Bridger Appraisal, Inc., on June 27,
2011, appraised the value of the 0.05 acre parcel and access easement to be $8,135.00.
Ordinance 1824 is attached hereto and encloses with it as Attachment 1 an Agreement to Buy
and Sell. To date, the agreement is mutually agreed between the parties and is executed by the
purchaser. If accepted by the Commission, the City Manager will execute the agreement as
seller once Ordinance 1824 is finally adopted and effective.
If accepted, the Commission furthermore authorizes, subject to contingencies stated in the
attached Agreement to Buy and Sell, and those contingencies listed below, the conveyance of the
fee title to the 0.05 acre property depicted on the attached draft Certificate of Survey as ‘Portion
A of Tract 1’ to the purchaser.
1. The sale prices shall be eight thousand one hundred thirty five dollars and zero cents
($8,135.00).
2. The purchaser shall pay cash to the City at closing.
3. The City Manager shall not be authorized to sign the Agreement to Buy and Sell until 30
days after final adoption of this ordinance; as such, the Agreement to Buy and Sell shall
not be binding on the City of Bozeman until executed by the City Manager at that time.
4. The sale shall close no later than June 27, 2012.
5. The purchaser shall finalize the draft Certificate of Survey enclosed with this Ordinance
as Exhibit A to Attachment 1, and at closing shall deliver four (4) mylar copies fit for
filing with the Gallatin County Clerk & Recorder along with a digital copy.
Staff recommends the proceeds of the sale be allocated toward landscaping of the lower yards.
Landscaping improvements required with the construction of the vehicle maintenance building
and sand storage shed were delayed until funds became available. Since the land being sold is
from the parent tract of these two facilities, using the funds to improve the parcel would benefit
the area.
UNRESOLVED ISSUES: None.
ALTERNATIVES: As suggested by the City Commission.
FISCAL EFFECTS: Staff recommends all proceeds of the sale, $8,135.00, shall be deposited in
the Lower Yards Landscaping fund. The City will not incur any expense for realtor sales
commission and/or closing costs.
Attachments: Ordinance 1824
Agreement to Buy and Sell
Draft Certificate of Survey
Draft Quit Claim Deed
Report compiled on: March 22, 2012
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ORDINANCE 1824
Page 1 of 4
ORDINANCE NO. 1824
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT TO BUY
AND SELL WITH NORTHWESTERN CORPORATION D/B/A NORTHWESTERN
ENERGY FOR THE SALE AND CONVEYANCE OF A 0.05 ACRE PORTION OF THE
CITY OF BOZEMAN LOWER YARDS PROPERTY AT 1812 NORTH ROUSE AVENUE
AND INCLUDING SEVERAL CONTINGENCIES REGARDING THE SALE AND AN
EFFECTIVE DATE.
WHEREAS, the City of Bozeman owns property known as the Lower Yards located at
1812 North Rouse Avenue, with a legal description of: Tract 12 of the Northeast Annexation,
NE¼ Section 6, T2S, R6E, P.M.M. City of Bozeman, Gallatin County, Montana; and
WHEREAS, Northwestern Energy is desirous of purchasing a 0.05 acre portion of the
above described real property immediately adjacent and north of the existing gas gate station
adjoining the above described real property; and
WHEREAS, Section 2.11 of the Bozeman City Charter requires adoption of an
ordinance when the City “convey[s]… or authorize[s] the conveyance… of any lands of the
city”; and
WHEREAS, Section 2.06.870 of the Bozeman Municipal Code (BMC) grants the City
Commission the jurisdiction and power to sell any real property, however acquired, belonging to
the City that is not necessary to the conduct of city business or the preservation of property; and
WHEREAS, Section 2.06.880 BMC states, “When the City Commission, after a public
hearing, has determined by a two-thirds vote of all the members, that any real property owned by
the city is not needed for public use, or that the public interest may be furthered, the City may
sell such property by… negotiated sale…, subject… to a minimum price established through an
appraisal that certifies the value of such property…” and
WHEREAS, Section 2.06.880 BMC also states, “Notice of sale… shall be published as
provided in MCA 7-1-4127”; and
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ORDINANCE 1824
Page 2 of 4
WHEREAS, Section 2.06.890.B BMC states, “… a sale may not be made for less than
90% of the appraised value”; and
WHEREAS, Section 2.06.900 BMC states, “… no sale of real property shall be made of
any property unless it has been appraised within one year prior to the date of the sale”; and
WHEREAS, on June 6, 2011, the Bozeman City Commission, by a vote of four to zero,
determined that a 0.05 acre portion of the Lower Yards property located at 1812 North Rouse
Avenue, immediately adjacent and north of the existing gas gate station owned by Northwestern
Energy, along with an access easement, furthered the public interest and was no longer necessary
to the conduct of city business; and
WHEREAS, A draft Certificate of Survey has been prepared that once finalized and filed
with the Gallatin Clerk and Recorder will create the 0.05 acre parcel, along with an access
easement, for sale to Northwestern Energy; and
WHEREAS, Keith O’Reilly, MAI, a General Certified Appraiser from Bridger
Appraisal, Inc., on June 27, 2011, appraised the value of the 0.05 acre parcel and access
easement to be $8,135.00; and
WHEREAS, an Agreement to Buy and Sell has been negotiated between the Buyer and
Seller and is attached to this Ordinance as Attachment 1; and
WHEREAS, should the Bozeman City Commission provisionally adopt this ordinance
accepting said offer by no less than a two-thirds vote of its total membership, notice of
provisional adoption of this ordinance shall be published in compliance with Sect. 7-1-4127,
MCA, prior to final adoption.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
The Bozeman City Commission hereby accepts and authorizes the City Manager to sign the
Agreement to Buy and Sell which is attached to this Ordinance as Attachment 1. By accepting
this offer the Commission authorizes, subject to completion of the contingencies as stated in the
attached Agreement to Buy and Sell, and those contingencies listed below, the conveyance of the
fee title to the property to the purchaser:
1. The sale prices shall be eight thousand one hundred thirty five dollars and zero cents
($8,135.00).
2. The purchaser shall pay cash to the City at closing.
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ORDINANCE 1824
Page 3 of 4
3. The City Manager shall not be authorized to sign the Agreement to Buy and Sell until 30
days after final adoption of this ordinance; as such, the Agreement to Buy and Sell shall
not be binding on the City of Bozeman until executed by the City Manager at that time.
4. The sale shall close no later than June 27, 2012.
5. The purchaser shall finalize the draft Certificate of Survey enclosed with this Ordinance
as Exhibit A to Attachment 1, and at closing shall deliver four (4) mylar copies fit for
filing with the Gallatin County Clerk & Recorder along with a digital copy.
Proceeds of the sale shall be deposited in the Lower Yards Landscaping fund.
Section 2
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances
of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full
force and effect.
Section 3
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provision of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 4
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 5
Codification Instruction.
The provisions of this Ordinance shall not be codified in the Bozeman Municipal Code;
rather, this Ordinance shall be maintained by the City Clerk in an indexed file of all Ordinances
not to be codified.
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ORDINANCE 1824
Page 4 of 4
Section 6
Effective Date.
This ordinance shall be in full force and effect 30 days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 2nd day of April, 2012.
____________________________________
SEAN A. BECKER
Mayor
ATTEST:
_______________________________
STACY ULMEN, CMC
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of
Bozeman, Montana on second reading at a regular session thereof held on the ____ day of
_______________, 2012. The effective date of this ordinance is _________________, 2012.
__________________________________
SEAN A. BECKER
Mayor
ATTEST:
_______________________________
STACY ULMEN
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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PORTION A
0.05 ACRES
(2,169 SQ. FT.)
TRACT 2
7.41 ACRES
TRACT 1
0.40 ACRES
(17,497 SQ. FT.)
(INCLUDES TRACT 13,
TRACT 14, AND PORTION A)
3203 Russell Street, Missoula, Montana 59801-8591
Phone 406/721-4320 Fax 406/549-6371
BASIS OF BEARING:
GRID NORTH OF
MONTANA STATE
PLANE COORDINATE
SYSTEM (NAD83)
OWNERS OF RECORD
NORTHWESTERN ENERGY - TRACT 1
THE CITY OF BOZEMAN - TRACT 2
LEGEND
DRAFT 8-2-11
A BOUNDARY LINE RELOCATION LOCATED IN THE NORTHEAST
ONE-QUARTER OF SECTION 6, TOWNSHIP 2 SOUTH, RANGE 6 EAST,
PRINCIPAL MERIDIAN MONTANA, GALLATIN COUNTY, MONTANA
DETAIL "A"
NOT TO SCALE
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3203 Russell Street, Missoula, Montana 59801-8591
Phone 406/721-4320 Fax 406/549-6371
CERTIFICATE OF EXCLUSION FROM MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY REVIEW
TRACT 1 AND TRACT 2 OF THIS CERTIFICATE OF SURVEY ARE WITHIN THE CITY OF BOZEMAN, MONTANA, A FIRST-CLASS MUNICIPALITY, AND WITHIN THE PLANNING AREA OF
THE BOZEMAN GROWTH POLICY WHICH WAS ADOPTED PURSUANT TO 76-1-601 et.seq., MCA, AND CAN BE PROVIDED WITH ADEQUATE STORM WATER DRAINAGE AND ADEQUATE
MUNICIPAL FACILITIES. THEREFORE, UNDER THE PROVISIONS OF 76-4-125(2)(d), MCA, THIS CERTIFICATE OF SURVEY IS EXCLUDED FROM THE REQUIREMENT FOR MONTANA
DEPARTMENT OF ENVIRONMENTAL QUALITY REVIEW.
DATED THIS ___ DAY OF _____________________, 201__.
__________________________________________________________
DIRECTOR OF PUBLIC SERVICE
CITY OF BOZEMAN, MONTANA
CERTIFICATE OF DIRECTOR OF PUBLIC SERVICE
I, DIRECTOR OF PUBLIC SERVICE, CITY OF BOZEMAN, MONTANA, DO HEREBY CERTIFY THAT THE ACCOMPANYING CERTIFICATE OF SURVEY HAS BEEN DULY EXAMINED AND HAS
FOUND THE SAME TO CONFORM TO THE LAW, APPROVES IT, AND HEREBY ACCEPTS THE DEDICATION TO THE CITY OF BOZEMAN FOR THE PUBLIC USE OF ANY AND ALL LANDS
SHOWN ON THE CERTIFICATE OF SURVEY AS BEING DEDICATED TO SUCH USE.
DATED THIS ___ DAY OF _____________________, 201__.
__________________________________________________________
DIRECTOR OF PUBLIC SERVICE
CERTIFICATE OF GOVERNING BODY
I, ________________________________, DO HEREBY CERTIFY THAT THE ACCOMPANYING CERTIFICATE OF SURVEY HAS BEEN DULY REVIEWED, AND HAS BEEN FOUND TO
CONFORM TO THE REQUIREMENTS OF THE SUBDIVISION AND PLATTING ACT, 76-3-101 et.seq., MCA, AND THE BOZEMAN MUNICIPAL CODE.
DATED THIS ___ DAY OF _____________________, 201__.
__________________________________________________________
PLANNING DIRECTOR
CERTIFICATE OF COUNTY TREASURER
I, _________________________________, TREASURER OF GALLATIN COUNTY, MONTANA DO HEREBY CERTIFY THAT THE ACCOMPANYING CERTIFICATE OF SURVEY HAS BEEN
DULY EXAMINED AND THAT ALL REAL PROPERTY TAXES AND SPECIAL ASSESSMENTS ASSESSED AND LEVIED ON THE LAND TO BE SUBDIVIDED ARE PAID.
DATED THIS ___ DAY OF _____________________, 201__.
__________________________________________________________
TREASURER OF GALLATIN COUNTY
CERTIFICATE OF CLERK AND RECORDER
I, _________________________________, CLERK AND RECORDER OF GALLATIN COUNTY, MONTANA, DO HEREBY CERTIFY THAT THE FOREGOING INSTRUMENT WAS FILED IN MY
OFFICE AT ___________O'CLOCK, __.M., THIS______ DAY OF _____________________, __________, A.D., AND RECORDED AS CERTIFICATE OF
SURVEY NO. ___________, RECORDS OF THE COUNTY CLERK AND RECORDER, GALLATIN COUNTY, MONTANA.
__________________________________________________________
CLERK AND RECORDER OF GALLATIN COUNTY
CERTIFICATE OF SURVEYOR
I, THE UNDERSIGNED, GLENN R. HOWARD, REGISTERED LAND SURVEYOR, DO HEREBY CERTIFY THAT BETWEEN DECEMBER, 2010 AND JUNE, 2011, I SURVEYED THIS BOUNDARY
LINE RELOCATION, AND PLATTED THE SAME AS SHOWN ON THE ACCOMPANYING CERTIFICATE OF SURVEY AND AS DESCRIBED IN ACCORDANCE WITH THE PROVISIONS OF THE
MONTANA SUBDIVISION AND PLATTING ACT, 76-3-101 THROUGH 76-3-625, MCA, AND THE BOZEMAN MUNICIPAL CODE.
DATED THIS ___ DAY OF _____________________, 201__.
BY:___________________________________
GLENN R. HOWARD, P.L.S. 8376S
DJ&A, P.C.
UNLESS SIGNED, SEALED AND DATED, THIS IS A PRELIMINARY DOCUMENT
PURPOSE OF SURVEY
TRACT 1 AND TRACT 2 -
THE PURPOSE OF THIS SURVEY IS TO SHOW THE RELOCATION OF COMMON BOUNDARIES, THEREFORE THIS DIVISION OF LAND IS EXEMPT FROM REVIEW AS A SUBDIVISION
PURSUANT TO SECTION 76-3-207(1)(d) M.C.A. TO WIT: FOR FIVE OR FEWER LOTS WITHIN A PLATTED SUBDIVISION, RELOCATION OF COMMON BOUNDARIES
TRACT 1 -
THE PURPOSE OF THIS SURVEY IS TO AGGREGATE TRACTS OF RECORD WITHIN A PLATTED SUBDIVISION, THEREFORE THIS AGGREGATION OF TRACTS IS EXEMPT FROM
REVIEW PURSUANT TO SECTION 76-3-207(1)(f) M.C.A. TO WIT: AGGREGATION OF PARCELS OR LOTS WHEN A CERTIFICATE OF SURVEY OR SUBDIVISION PLAT SHOWS THAT THE
BOUNDARIES OF THE ORIGINAL PARCELS HAVE BEEN ELIMINATED AND THE THE BOUNDARIES OF A LARGER AGGREGATE PARCEL ARE ESTABLISHED.
THIS CERTIFICATE OF SURVEY SHALL NOT BE AVAILABLE AS A REFERENCE DESCRIPTION IN ANY SUBSEQUENT TRANSFER OF PROPERTY DESCRIBED HEREIN AS PORTION "A".
DRAFT 8-2-11
A BOUNDARY LINE RELOCATION LOCATED IN THE NORTHEAST
ONE-QUARTER OF SECTION 6, TOWNSHIP 2 SOUTH, RANGE 6 EAST,
PRINCIPAL MERIDIAN MONTANA, GALLATIN COUNTY, MONTANA
PERIMETER LEGAL DESCRIPTION
TWO TRACTS OF LAND LOCATED IN THE NORTHEAST ONE QUARTER OF SECTION 6, TOWNSHIP 2 SOUTH, RANGE 6 EAST, PRINCIPAL MERIDIAN MONTANA, GALLATIN COUNTY,
MONTANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
TRACT 1 LEGAL DESCRIPTION
75$&72)7+,6&(57,),&$7(2)6859(</2&$7(',17+(1257+($6721(48$57(5 1(ó 2)6(&7,2172:16+,36287+5$1*(($67300*$//$7,1&2817<
MONTANA. CONTAINING 0.40 ACRES, BEING SURVEYED AND MONUMENTED ACCORDING TO THIS CERTIFICATE OF SURVEY, SUBJECT TO ALL EASEMENTS AND/OR
RESERVATIONS AND/OR DEDICATIONS EXISTING, SHOWN OR OF RECORD.
TRACT 2 LEGAL DESCRIPTION
75$&72)7+,6&(57,),&$7(2)6859(</2&$7(',17+(1257+($6721(48$57(5 1(ó 2)6(&7,2172:16+,36287+5$1*(($67300*$//$7,1&2817<
MONTANA. CONTAINING 7.41 ACRES, BEING SURVEYED AND MONUMENTED ACCORDING TO THIS CERTIFICATE OF SURVEY, SUBJECT TO ALL EASEMENTS AND/OR
RESERVATIONS AND/OR DEDICATIONS EXISTING, SHOWN OR OF RECORD.
OWNERS CERTIFICATION OF EXEMPTION
WE THE UNDERSIGNED CERTIFY THAT THE PURPOSE OF THIS SURVEY IS TO RELOCATE COMMON BOUNDARIES BETWEEN ADJOINING PARCELS , AND THAT NO ADDITIONAL
PARCELS ARE CREATED; THEREFORE THIS SURVEY IS EXEMPT FROM REVIEW AS A SUBDIVISION PURSUANT TO SECTION 76-3-207 (1)(a) M.C.A. TO WIT: DIVISIONS MADE
OUTSIDE OF PLATTED SUBDIVISIONS FOR THE PURPOSE OF RELOCATING COMMON BOUNDARY LINES BETWEEN ADJOINING PROPERTIES.
WE FURTHER CERTIFY THAT TRACT 1 IS EXEMPT FROM THE SANITATION IN SUBDIVISION ACT PURSUANT TO ARM 17.36.605(2)(a) TO WIT: "(a) A PARCEL THAT HAS NO EXISTING
FACILITIES FOR WATER SUPPLY, WASTEWATER DISPOSAL, AND SOLID WASTE DISPOSAL, IF NO NEW FACILITIES WILL BE CONSTRUCTED ON THE PARCEL".
WE ALSO CERTIFY THAT TRACT 2 IS EXEMPT FROM THE SANITATION IN SUBDIVISION ACT AS PREVIOUSLY APPROVED PURSUANT TO ARM 17.36.605(2)(b)(i)(ii) TO WIT: "(b) A
PARCEL THAT HAS NO EXISTING FACILITIES FOR WATER SUPPLY, WASTEWATER DISPOSAL, OR SOLID WASTE DISPOSAL OTHER THAN THOSE THAT WERE PREVIOUSLY
APPROVED BY THE REVIEWING AUTHORITY UNDER TITLE 76, CHAPTER 4, PART 1, M.C.A., OR THAT WERE EXEMPT FROM SUCH REVIEW, IF: (i) NO NEW FACILITIES WILL BE
CONSTRUCTED ON THE PARCEL; AND (ii) THE DIVISION OF LAND WILL NOT CAUSE APPROVED FACILITIES TO VIOLATE ANY CONDITIONS OF APPROVAL, AND WILL NOT CAUSE
EXEMPT FACILITIES TO VIOLATE ANY CONDITIONS OF EXEMPTION".
SS: __________________________________________
NAME
___________________________________________
TITLE
THE CITY OF BOZEMAN
STATE OF _____________________
COUNTY OF ___________________
ON THIS _______ DAY OF______________201__, BEFORE ME, PERSONALLY APPEARED, __________________, BEING THE ________________ OF THE CITY OF BOZEMAN. TO ME
KNOWN TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE EXECUTED THE SAME.
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL THE DAY AND YEAR FIRST LAST ABOVE WRITTEN.
_________________________________________
SIGNATURE
__________________________________________
PRINTED NAME
NOTARY PUBLIC IN AND FOR THE STATE OF _______________________
RESIDING AT ____________________________________________________
MY COMMISSION EXPIRES _______________________________________
SS: __________________________________________
NAME
___________________________________________
TITLE
NORTHWESTERN ENERGY
STATE OF _____________________
COUNTY OF ___________________
ON THIS _______ DAY OF______________201__, BEFORE ME, PERSONALLY APPEARED, __________________, BEING THE ________________ OF NORTHWESTERN ENERGY. TO ME
KNOWN TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE EXECUTED THE SAME.
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL THE DAY AND YEAR FIRST LAST ABOVE WRITTEN.
_________________________________________
SIGNATURE
__________________________________________
PRINTED NAME
NOTARY PUBLIC IN AND FOR THE STATE OF _______________________
RESIDING AT ____________________________________________________
MY COMMISSION EXPIRES _______________________________________
OWNERS OF RECORD
NORTHWESTERN ENERGY - TRACT 1
THE CITY OF BOZEMAN - TRACT 2
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Exhibit B
QUIT CLAIM DEED
FOR ADEQUATE CONSIDERATION, THE CITY OF BOZEMAN, a municipal corporation,
as Transferor, does hereby convey, remise, release and forever quitclaim unto
NORTHWESTERN CORPORATION D/b/a NorthWestern Energy, 40 East Broadway, Butte, MT
59701, as Transferee, the following described real property to - wit:
TOWNSHIP 2 SOUTH , RANGE 6 EAST , M.P.M. Section 6 : A tract of land being ‘Portion A of Tract 1’ depicted upon Certificate of Survey No. located in the NE1/4 Section 6, Township 2 South, Range 6 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana (the “Property”).
TOGETHER WITH all the tenements, hereditaments, and appurtenances thereto belonging , and
the reversion and reversions , remainder and remainders , rents , issues, and profits thereof ; and
possession , claim and demand whatsoever as well in law as in equity of the Transferor.
TO HAVE AND TO HOLD , unto the said Transferees , their successors and assigns forever .
Dated this _______ day of_________________ , 2012.
The City of Bozeman , a municipal corporation , by
___________________________________
Chris A. Kukulski , City Manager
STATE OF MONTANA )
: ss.
County of Gallatin )
On this __________day of ____, 2012 , before me , a Notary Public in and for said State ,
personally appeared CHRIS A. KUKULSKI , City Manager of The City of Bozeman , a
municipal corporation , known to me to be the person whose name is subscribed to the within
instrument and acknowledged to me that the City of Bozeman executed the same .
_____________________________________
Printed Name:_________________________
Notary Public for the State of Montana.
Residing at _______________, Montana.
My commission expires: _________________
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