HomeMy WebLinkAbout14- MDT and COB Rouse Closing Documents City of Bozeman
Parcel A,Amended PIat Blocks 14, 15 &28 Imes Addition
Gallatin County,MT
Closing Date: 9/09/2014
Escrow Officer: Kris Deason
We Appreciate Your Business!
CLOSING INSTRUCTIONS TO SECURITY TITLE COMPANY OF MONTANA
DATE:9/09/2014 CLOSING OFFICER:Kris Deason
FILE.G131996
SELLER:State of Montana
BUYER:Ciro of Bozeman
The Seller and Buyer listed hereinabove,employ SECURITY TITLE COMPANY, a Montana
Corporation to act as Closing Agent in connection with a sale by Seller to Buyer based upon the terms
and conditions to follow herein.
T'he property herein referred to is situated in Gallatin County,Montana;and is described as follows to wit:
Parcel A of the Amended Plat of Blocks 14,15 and 28 of Imes Addition to Bozeman,
Gallatin County,Montana,according to the official plat thereof on file and of record in the
office of the County Clerk and Recorder,Gallatin County,Montana. (Plat Reference: C-
41-I)
The transaction to which the Seller and Buyer have entered into is controlled by an Earnest Money Receipt
and Agreement to Sell and Purchase or similar contractual document dated: 2014
SECURITY TITLE COMPANY is hereby instructed to carry forth the terms of said agreement which is
more specifically set forth here below:
GENERAL INSTRUCTIONS:
I. The Total Sales Price to be paid by Buyer is: S 1,000,831.00
2. Earnest Money has been collected from the
Buyer in the amount of: S N/A
3. The Closing fee charged by closing agent is
To be paid by:1/2 Buyer and 1/2 Seller
4. Title Insurance fees are to be paid as follows:
Buyer. Owner's Title Insurance
5. The recording fees are to be paid as follows:
Buyer
6. The Real Estate Commission is to be paid
To: N/A
7. Buver and Seller acknowledge receipt of a copy of the Preliminary Commitment for Title
Insurance,G I319,96. The closing agent shall cause the following exceptions as set forth in said
commitment to be cleared from the public record:
None
8. The parties also acknowledge that Security Title Company is not responsible for the transfer or
reservation of any water.or water rights.
9. The Seller hereby guarantees to Security Title Company that there are no other liens and
encumbrances or other debts against the subject property other than those disclosed in the
Preliminary Commitment for Title Insurance,G D1996,to which the Seller has knowledge.
10. The closing agent shall disburse all monies received in a timely manner after all documents have
been properly executed:recorded and all closing costs are paid in full. The disbursement of
monies is to be shown on a separate disbursement schedule prepared by the closing agent in
regards to this transaction.
11, The closing agent reserves the right to amend the disbursement schedule to reflect any changes in
payoff figures,proration,etc.should the actual date of disbursement be other than anticipated.
SPECIAL INSTRUCTIONS:
NOTE:SECURITY T17LE COMPANY;assumes no responsibility or habilin•for the condition of the
subject real property at the time of closing nor does SECURITY TITLE COMPANY,guarantee the
condition or existence of any furniture,fixtures, appliances or improvements to the property which is
being transferred by ibis sale. Sellers and Buyers hereby acknowledge that all contingencies and
conditions of the Buy/Sell Agreement and any Addendums. thereto; have been either satisfied or
negotiated outside of closing.
SELLER:
State of Moman
BUYER:
City of Bozeman
Buyer's Mailing Seller's Mailing
Address After Closing: Address After Closing:
(Correspondence to be sent to) (Correspondence to be sent to)
IZi 1J• I�G�Se .4�/e
�0 2 e wi sit r 1 1 9 7 I S
Montana Department of Transportation
Right--of--Way Bureau
PO Box 201001
Helena,MT 59620-1001
ROWIF0RMSIRESTR01156 Revised 1 1/612 0 09
State of Montana
Department of Transportation
Right-of-Way Bureau
2701 Prospect Avenue
PO Box 201001
Helena, MT 59620-1001
Project: Bozeman Division—Offices&Shop County: Gallatin
Quitclaim Deed
This Deed,made this 28_t� day of ,2014, in consideration of the sum
of One Dollar($1.00)and other good and val able consideration now paid,the receipt and
sufficiency of which is acknowledged,witnesses that the State of Montana by and through
its Department of Transportation,Grantor, does hereby remise, release,and forever
quitclaim to:
CITY OF BOZEMAN
121 North Rouse Avenue
Bozeman, MT 59715,
Grantee, the following-described real property:
Parcel A of the Amended Plat of Blocks 14, 15 and 28 of the Imes Addition to the City of
Bozeman, being situated within the SVV%of Section 6,Township 2 South, Range 6 East, P.M.,
M., Gallatin County, Montana, containing an area of 7.831 acres,more or less.
Page 1 of 2
I
Quit Claim Deed
Project: Bozeman Division—Offices&Shop
Subject to(a)reservations and exceptions in patents from the United Stales or the State of Montana,(b)visible easements,
easements of record,and Fights of way;(c)all building,use,zoning,sanitary,and environmental restrictions,(d)taxes and
assessments from the date hereof and for all subsequent years,and(e)utility Imes and facilities occupying the nght-of-way
pursuant to Maw Code Ann §69-4-907.
i
To have and to hold the above-described and conveyed premises with all the reversions,remainders,tenements,
hereditaments and appurtenances thereto,unto said Grantee,and to its successors and assigns forever.
I This Deed Is given pursuant to Mont.Code Ann,Ti11e 60,Chapter 4.without covenants,and reserves to Grantor
easements for rights-of-way for the benefit of the United States and all other reservations to which the land conveyed may be
subject
Governor of the State of M ntana
rJA-
Attest
w
} Secretary of Stale
Approved a o orm:
Attorney
i
f
r
I
Recording Information
Page 2 of 2
GEOCODE(S) — — — —
REALTY TRANSFER CERTIFICATE - - - -
Confidential Tax Document —The information contained in this certificate is confidential —by Montana law.Unauthorized disclosure of this information ASSESSMENT CODE_
is a criminal offense.
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 sighed (Please read the attached instructions on
PART 1—DATE OF TRANSFER(SALE) page 1 for assistance in completing and filing this form)
Montana law requires this form be completed and may impose up to a
Q 000 penalty forfailure to file a Realty Transfer Certificate(15-7-304,305
(�
—1 ! 1 !d 619-(MMIDDr'YYYY) and 310,MCA)
PART 2—PARTIES Please complete this section in full;if additional space is required,please attach a separate page
Seller(Grantor) List the last 4 digits of the SSN or FEIN
Name Montana Department of Transportation SSN 000 00 - w
Mailing Address PO BOX 201001 SSN 000 - 00 - Q 10
0
(Permenent) FEIN_ 00 -000 2402
City Helena ST MT Zip 59620-1001 Daytime Phone.(406)444-7649 Seller Principal Residence )KYes N Qo 9
m
Buyer(Grantee) SSN 000 - 00 -
Name City of Bozeman SSN 000
Mailing Address 121 North Rouse Avenue -��
FEIN_ DO -000 1238
(Permanent) City Bozeman STMT Zip 59715 Daytime Phone (406)582-2309
Buyer Principal Residence ✓Yes _No Transfer to Trustee,Custodian,or other
Mailing Address Representative:
For Tax Notice Trust FEIN 00 -000
(If different) City ST_Zip Minor SSN 001) - 00 -
PART 3—PROPERTY DESCRIPTION Please complete fully;if additional space is required,please attach a separate page
Legal Description Parcel A of the Amended Flat.situated within the SW4 Attachment ❑
AddlSub Imes Block 14.15 and 28 Lot
County Gallafn Cllyfrown Bozeman Section 6 Township 2S Range 6E
PART 4—TYPE OF TRANSFER Please complete fully,more than one may apply,
O Sale ❑Gift ❑Barter ❑Nominal or No Consideration ❑ Part of 1031 or 1033 exchange ❑Transfer is subject to a reserved life estate
Sheriffs sale.❑ mortgage ❑trust indenture ❑other ❑Deed in lieu of foreclosure ❑ Shortsale ❑Auction/Sealedbid
Acopy of the recorded instrument must be attached to the Realty Transfer Certificate,
Transfer by Operation of Law
❑Termination of joint tenancy by ❑Termination of life estate by ❑Court order or decree ❑Merger,consolidation:or other
death death (except sheriffs sale) business entity reorganization
PART 5—EXCEPTIONS FROM PROVIDING SALES PRICE INFORMATION Please complete fully,more then one may apply
❑Gift ❑Termination of life estate by death
❑Transfer in contemplation of death without consideration ❑Transfer pursuant to court decree(except sheriff's sale)
❑Transfer between husbandrw'rfe or parentichild for nominal ❑Tax deed
consideration ❑Merger,consolidation or reorganization of business entity
❑Transfer of property of the estate of a decedent ❑Land eligible for timberiandlforestland classification(15-44-103,MCA)
0 Transfer by government agency ❑Land eligible for agricultural classification(15-7-201.MCA)
l3 Correction,modification,or supplement of previously recorded ❑Transfer to a revocable living trust
instrument,no additional consideration ❑Other(Specify Type)
❑Termination ofjoint tenancy by death
PART 6—SALE PRICE INFORMATION Please complete fully,more than one may apply
Actual Sale Price S Value of good will included in sale S
Financing Cash _FHA VA _Contract _Other Was an SID payoff included in the sale price?_Yes _No
Terms _New loan OR Assumption of existing loan Did the buyer assume an SID?_Yes _No
Value of personal property Included in sale 5 Amount of SID paid or assumed:$
Value of inventory included in sale S Was a mobile home included in the sale? _Yes _No
Value of licenses included in sale$
PART 7—WATER RIGHT DISCLOSURE-This Disclosure is only applicable to the property identified in PART 3 above
❑A. Properly is served by a public water m B.Seller has no water O C. Seller is transferring ALL ❑D. Seller is dividing or exempting
supply,i.e.,city.irrigation district,or rights on record with water rights on record (reserving)water rights.Seller
water district provides water DN nsfer. with DNRC to the Buyer must file Water Right Update form.
Seller(Grantor)Signature Date
PART 8—PREPARER INFORMATION Pre arer's signature is required
Namerfiisle Caria J,Haas,Manager,MDT (please print) Signature J Mailing Address PO Box 201001 Daytime Phone (406)444-6( i
City Helena ST MT zip 59620-1001 �J
Clerk and Recorder Use Only 71
Recording Informabon: Documents: Book Page Date
,Warranty _Trust Deed _Quit Claim Grant _Contract for Deed _Decree _{nteresi
_Bargain&Sale Deed --Notice of Purchaser's Interest _Statement of Acknowledgement _Termination ofJolnt Tenancy
_Tax Deed _Beneficiary Deed _Other
Department of Revenue Copy Page 3
r
Sec �Rty Title iCo uny
Serving Gallatin,Madison and Park Counties
BUYER/BORROWER STATEMENT
Escrow Number: G131996 Title Order Number: G131996
Escrow Officer: Kris Denson Date: 09/09/2014
Closing Date: 09/09/2014
Buyer/Borrower:Cin,of Bozeman
Seller: State of Montana
Property: Parcel A,Amended Plat Blocks 14,15 8:28 Imes Addition,Gallatin County,MT
I DESCRIPTION _ DEBITS CREDITS
TOTAL CONSIDERATION L000.831.00
PRORATIONS/ADJUSTMENTS:
i Trade Value City Property 84 000.00
Impact Fee Credit I70 508.00
TITLE CHARGES
Owner's Premium for 1.000,831,00:Security Title Company Of Montana Owner's Premium 2,397.25
Inspection Fee:Security Title Company Of Montana
Lender/Mortgagee Premium:Security Title Company Of Montana
Endorsement:Security Title Company Of Montana
Recording Fees:Securipy Title Com anv Of Montana 14.00
ESCROW CHARGES TO:Security Title Company Of Montana
Escrow Fee 125,00
BALANCE DUE TO ESCROW 1 748,859.25
TOTALS T553,367.25 1,003,367.25
1
Ciry of Bozeman
I
1
1
I
I
i
I -
I _
i
i
Return to:
Security Title Company
600 South 19th Ave.
Bozeman, Montana 59718
EASEMENT AGREEMENT
THIS AGREEMENT ("Agreement") is made September 9, 2014 ("Effective Date"), by the MONTANA
DEPARTMENT OF TRANSPORTATION, PO Box 201001, Helena, Montana 59620-1001 ("MDT"), and
THE CITY OF BOZEMAN, City Hall, 121 North Rouse Avenue, Bozeman, Montana 59715 (the "City").
MDT and the City are sometimes referred to herein collectively as the "Parties" and individually as a
"Party„
RECITALS
A. MDT is the owner of certain real property located in Bozeman, Gallatin County, Montana, more
particularly described as: Tract MDT of Certificate of Survey No. 473F, being situated within the
NW% of Section 26, Township 1 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County,
Montana, according to the official plat thereof on file and of record in the office of the County Cleric
and Recorder of Gallatin County, Montana ("MDT Tract").
B. The City is the owner of certain real property located in Bozeman, Gallatin County, Montana, more
particularly described as: Tract COB of Certificate of Survey No. 473F, being situated within the
NW% of Section 26, Township 1 South, Range 5 East, P.M.M., City of Bozeman, 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 ("City Tract").
C. In conjunction with an exchange of real property between MDT and the City pursuant to a Land
Exchange Conveyance Agreement dated September 4, 2014 (the "Exchange Agreement"), MDT
wishes to acquire, and the City is willing to grant, an easement across a portion of the City Tract for
ingress to and egress from the MDT Tract to and from Nelson Road. The Parties also desire to
enter into agreements for the use of the easement and maintenance of the improvements thereon,
all as set forth in the following Agreement.
AGREEMENT
IN CONSIDERATION of the mutual covenants contained herein and for other good and valuable
consideration, the Parties agree as follows:
1. Easement Grant, The City hereby grants to MDT, and to its successors and assigns, a permanent,
perpetual, and non-exclusive easement across that portion of the City Tract situated immediately
north of the MDT Tract, This easement is intended to encumber only that portion of the City Tract
consisting of an approximately 60-foot wide strip of land situated adjacent to the north boundary of
the MDT Tract. The easement shall run with the land. The dominant estate is the MDT Tract. and
the servient estate is the 60-foot wide strip described in the preceding sentence.
2. Consideration. The City's grant of this easement is a negotiated term of the Exchange Agreement,
and MDT shall not be required to provide additional consideration in exchange for such grant.
3. Location. The easement area is depicted on the attached "Easement Exhibit."
4. Use. MDT, its successors and assigns, and their respective agents, employees, and invitees, may
use the existing roadway on the easement area for ingress to the MDT Tract from Nelson Road and
egress from the MDT Tract to Nelson Road. All reasonable modes of transportation may be
employed. MDT shall not use the easement for the construction or installation of utilities, parking, or
any purpose other than ingress and egress from and to Nelson Road. The Parties agree that the
easement may be used for ingress and egress to serve all uses allowed on the dominant estate
under applicable law.
5. Improvement and Maintenance. MDT may, at its own expense and with the City's prior written
consent, improve the roadway within the easement area. Such improvements may include
installation of drainage devices, applying gravel, paving, and any other improvements reasonably
necessary for the uses and purposes of the easement contemplated by this Agreement. The City
shall not unreasonably withhold or delay its consent to such improvements. The City reserves the
right to make such improvements to the roadway and easement area as it deems necessary or
advisable; provided, however that the City's improvements shall not impair the easement rights
granted to MDT herein. Each Party agrees to repair damage to the roadway caused by such Party's
activities. The Parties agree to share equally the reasonable costs of routine maintenance of the
roadway for its intended purposes, including but not limited to the costs of grading and plowing the
roadway and controlling noxious weeds in the easement area.
6. Gates. The Parties acknowledge that there presently exists a locked gate near the easement area's
intersection with Nelson Road. The City will supply MDT with the key or combination necessary to
unlock the gate. MDT agrees to close and lock the existing gate each day, at the end of use. MDT
may, at MDT's expense, relocate the gate to a point near the east end of the easement area (i.e.,
where a northerly extension of the MDT Tract's eastern boundary would intersect the easement
area); provided, however, that the City shall have the right to review and approve the plans for
relocation. Except for the single gate described in this Paragraph, neither Party will place gates on
the travelled way without the prior written consent of the other Party.
7. Indemnification. MDT agrees to hold harmless and indemnify the City from and against any loss,
damage, expense, liability or claim, including without limitation, attorney's fees, and expenses of
litigation, to which the City may become subject arising may arise by virtue of or in connection with
MDT's use, maintenance or improvement of the easement granted herein.
S. Cooperation. Each Party hereto agrees to execute and deliver such additional documents and
instruments and to perform such additional acts as any Party may reasonably request or as may be
reasonably necessary or appropriate to effectuate, consummate and perform any of the terms,
provisions, or conditions of this Agreement.
9. Miscellaneous.
(a) No Construction Against Drafting Party. This Agreement shall not be construed more strictly
against one Party than against the other merely by virtue of the fact that the Agreement may
have been prepared primarily by counsel for one of the Parties, it being recognized both
Parties and/or their counsel have contributed substantially and materially to the preparation of
this Agreement.
(b) Attorney Pees. Should a Party incur any costs or expenses, including reasonable attorney
fees, in enforcing any of the provisions of this Agreement, the other or unsuccessful Party
shall reimburse the prevailing Party on demand.
(c) Equitable Remedies Allowed. The Parties recognize that damages or other legal remedies
will not be adequate for a breach of this Agreement. Therefore a Party enforcing any of the
EASEMENTAGREEMENT...................... ......................................................-........................ ...............................PAGE 2 of 4
terms of this Agreement shall be entitled to the remedies of injunctive relief and specific
performance in addition to other remedies allowed at law or equity
(d) Entire Agreement. This Agreement constitutes the entire understanding among the Parties
with respect to the subject matter thereof and supersedes all negotiations, representations,
prior discussion and preliminary agreements among the Parties hereto relating to the subject
matter of this Agreement.
(e) Captions. The captions, titles and section headings throughout this Agreement are for
convenience and reference only and shall not be deemed or held to explain, modify, amplify
or aid in the interpretation, construction or meaning of the provisions of this Agreement, nor to
define, limit or describe the scope or intent of a particular section.
(f) Binding Effect. The terms, covenants, and conditions contained in this Agreement shall run
with the land, shall bind the MDT Tract and the City Tract, and shall inure to the benefit of
and be binding upon the Parties hereto and their respective successors and assigns.
(g) Recording. Either Party may record this Agreement in the records of Gallatin County,
Montana.
(h) Governing Law. This Agreement and any disputes arising hereunder shall be governed
hereafter and construed and enforced in accordance with the laws of the State of Montana,
without reference to principles of choice or conflicts of laws.
(i) Counterparts. This Agreement may be executed in any number of counterparts, all of which
when taken together will constitute one and the same instrument.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written.
MONTANA �,t,DEPARTMENT� �;�OF TRANSPORTATION
By: W tv-
-
e . Ebert
MDT Butte Dist 'ct Adminis ator
By: LI,Q
Joq Swartz
T Maintenance Division Administrator
THE CIT OF BOZ MA
By: X \
Chris A. Kukulski
City Manager
[Acknowledgments on next page.]
EASEMENT AGREEMENT.......................................................................... . . PAGE 3 OF 4
ACKNOWLEDGEMENTS
STATE OF MONTANA )
ss.
County of Lets Clark }
This instrument was acknowledged before me on September,i, 2014, by Jeffrey M. Ebert as District
Administrator of the Montana Department of Transportation, an agency of the State of Montana.
4
CAROL GRELL MORRIS Printed Name: Ca.-,
;;y/"Rs 99� NOTARY PUBLIC for the NOTARY UBLIC for the State of Montana
SEAL * State of Montana RESIDING A Montana
Residing al Helena,Montana
My Commission Expires My Commission xpires 20_
{ Qr�GFrnONtP March 15,2018
STATE OF MONTANA }
: ss.
County of Lewis& Clark )
This instrument was acknowledged before me on September , 2014, by Jon Swartz as Maintenance
Administrator of the Montana Department of Transportation, an agency of the-State of Montana.
tM, CAROL GRELL MORRIS Printed Name: yrt?!t 1`LoY7)
< NOTARY PUBLIC for the NOTARY PU LIC for the State of Montana
( State of Montana
S RESIDING A Montana
��- Residing at Helena,Montana
,e My Commission Expires My Commission Ex ' s 20_
�F0F rA March 15,2018
STATE OF MONTANA )
ss"
County of Gallatin )
This instrument was acknowledged before me on September 0\ , 2014, by hris A. Kukulski as City
Manager of The City of Bozeman, a self-governing Montana local go rnment.
=2C
D`ASON Printed Name:
,5° ary nLrr"o NOTARY PUBLIC fo the Sta e ofMontana
_ Via, . ate c1 r.�c�r,lan? RESIDING AT Montana
siding ` My Commission Expires 20
FOZ
-.��r mid cipn wxa�•AS£ost 12, 2018
EASEMENTAGREEMENT..........................................................................................................................................................PAGE 4 OF 4
ff
UNPLATTED
NW CDR. SEC. 26. JUDITH KING
f T1S R5E P.M.M. FILM 194, P. 592
O f
60.01
O 786,21 1633.78 90'5 '30"
2 1583.77 797.56
4)
f519.92 90'59'30" 60' WIDE INGRESS &
a EGRESS EASEMENT
TRACT MDT TRACT COB
C.O.S. 473F C.O.S. 473F
� o Ni
m
60' COUNTY c' 330.00 271'56'11"
ROAD RIGHT OF
\ WAY EASEMENT PER
4 PETITION #259
O11T9
, 50' f N
cri
-
� r
os
y/��sly�r TRACT A-1-13 Co
COS N0. 473B
\ SOS 3 CITY OF BOZEMAN
O�,T� ry0 083, C"
,p / 62.19 0)
'n
to
aNS 410 9&
r 3,,
Scale: 1"= 300 .0�
soo \ 30
0 150 300 00
�C
INGRESS —EGRESS
EASEMENT
THE CITY OF'
EASEMENT EXHIBIT DATE; 7/24/2014 BOZEMAN
m.owssaa+o at¢vwaraaerrr
NW1/4 SEC.26, T.1S.,A.5E. DR&IN BY, WFS ■o �• a __ y.o. acuc wren
ao�••�•.•, aaoirriza evv'ri—iAao
GALTATIN COUNTY, MT V-1m. C_.) —saea
Return to:
Security Title Company
600 South 19th Ave.
Bozeman, Montana 59718
RIGHT OF FIRST OFFER TO PURCHASE REAL PROPERTY
THIS AGREEMENT ("Agreement") is made September 9, 2014, by the MONTANA DEPARTMENT OF
TRANSPORTATION, PO Box 201001, Helena, Montana 59620-1001 ("MDT"), and THE CITY OF
BOZEMAN, City Hall, 121 North Rouse Avenue, Bozeman, Montana 59715 (the"Ct"). MDT and the City
are sometimes referred to herein collectively as the "Parties" and individually as a`Party".
RECITALS
A. MDT owns the following described real property (`Property") located in Bozeman, Gallatin County,
Montana:
Tract MDT of Certificate of Survey No. 473F, being situated within the NW% of
Section 26, Township 1 South, Range 5 East, P.M.M., City of Bozeman, 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.
Together with all improvements and appurtenances thereto.
B. MDT acquired the Property in an exchange with the City. The City owns adjacent property that it
uses for a water reclamation facility. The City desires to obtain a right of first offer to reacquire the
Property.
C. The Parties desire to enter into this Agreement to provide the City with a right of first offer to
purchase the Property should MDT decide to sell or otherwise transfer the Property.
AGREEMENT
IN CONSIDERATION of the mutual covenants contained herein and intending to be legally bound, the
Parties agree as follows:
1. Right of First Offer to Purchase. Subject to the terms and conditions of this Agreement, if MDT
desires to sell or otherwise transfer, whether directly or indirectly, the Property, the City shall have
the right of first offer to purchase the Property.
2. Applicability of Montana Code Annotated. This Agreement is made subject to the requirements
of the Montana Code Annotated in place at the time the right of first offer granted to the City under
this Agreement may be exercised.
3. Procedure. Subject to Section 2, MDT agrees that, should it elect to dispose of the Property, it will
first offer to sell the Property to the City directly, without public auction, pursuant to the provisions of
Mont, Code Ann. §60-4-202(2)(a)(1) (or its successor statute). The purchase price shall be the fair
market value of the Property. If MDT is required by law to dispose of the Property at a public
auction, whether as required by Mont. Code Ann. §60-4-202(3) or otherwise, the City has the right
to match the high bid at the auction. The City must notify MDT if it intends to match the high bid at
the auction and submit a 10% deposit of the high bid from the auction within three business days of
the auction. All other terms and conditions of the public auction shall apply to the City if it matches
the high bid from the auction.
4. Consideration. This Agreement is a negotiated term of a separate agreement to Land Exchange
Conveyance Agreement dated September 4, 2014 ("Exchange Agreement") between the Parties.
5. Notices. Any notice required to be given under this Agreement shall be deemed given when
addressed as follows and (i) personally delivered, (ii) deposited with the United States Postal
Service, registered or certified mail, postage prepaid and properly addressed, return receipt
requested, or (iii) sent via a recognized over-night courier service such as Federal Express or
United Parcel Service provided that proof of delivery is obtained. Notices, demands, and
communications shall be addressed as follows:
To the City:
The City of Bozeman
Attn: City Manager
City Hall
121 North Rouse Avenue
Bozeman, Montana 59715
To MDT:
Montana Department of Transportation
Attn: Facilities Bureau Chief
PO Box 201001
Helena, Montana 59620-1001
The City or MDT may change its above address by a notice in writing delivered to the other Party in
accordance with the provisions of this Section.
6. Recording. The City, at its expense, may record this Agreement in the records of Gallatin County,
Montana.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date set forth above.
MONTANA DEPARTMENT OF TRANSPORTATION
By: UA/')Ok LIL
J r y . Ebert
M T Butte District Administrator
By: G't
J n Swartz
DT Maintenance Division Administrator
THE CITY OF BOZEMAN
ByCQI�k
Chris A. Kukulski
City Manager
EASEMENTAGREEMENT..........................................................................................................................................................PAGE 2 OF 3
ACKNOWLEDGEMENTS
STATE OF MONTANA )
//�� ss.
County of L6WI S,4
This instrument was acknowledged before me on September, 2014, by Jeffrey M. Ebert as District
Administrator of the Montana Department of Transportation, an agency of the State of Montana.
cPQo��9 NOTARY ELI �99NCAROL
GRELLlCORRIS Prin m ted Na C An�Tr4%
State of Montana for the
NOTARY PUBLI r the State of Montana
* SEA * Residing at Helena,Montana RESIDING AT Montana
�9T PAP My Commission March i5,2 18 fires My Commission Expires 20_
FOF M
STATE OF MONTANA )
: SS.
County of Lewis & Clark )
This instrument was acknowledged before me on September , 2014, by Jon Swartz as Maintenance
Administrator of the Montana Department of Transportation, an agency of the State of Montana.
O n&a �naj._o no-L�
,y
`pS4Ecl CAROL GRELL MORRIS Printed Name: Calm:)) G re f i M Ur'tr'i'S
oy9� NOTARY PUBLIC for the NOTARY PUBLIC for the State of Montana
*1SE��L * Slate of Montana RESIDING AT Montana
ji Residing at Helena,Montana
f `"r KFav My commission Expires My Commissio XpIfES 20_
FOFMON March 15,2018
STATE OF MONTANA )
_ ss.
County of Gallatin )
This instrument was acknowledged before me on September 1 2014, by s A. Kukulski as City
Manager of The City of Bozeman, a self-governing Montana local go ernment.
M�nPrinted Name:
NOTARY PUBLIC fo the Stat06f Montana
UEAS. -, KRIS REASON RESIDING AT Montana
rJotary PU' Dj c My Commission Expires 20
fa•the State of k4ontara
=u ...F';.�$• ��_ Bozeman, Montana
%4Y Cc-nmiGSion Exoires
August 12, 2018
EASEMENTAGREEMENT.............................................................. .........................................................................................PAGE 3 OF 3
Return to:
Security Title Company
600 South 19th Ave.
Bozeman, Montana 59718
QUITCLAIM DEED
THE CITY OF BOZEMAN, City Hall, 121 North Rouse Avenue, Bozeman, Montana 59715 ("Transferor"),
does hereby convey, remise, release and forever quitclaim unto the MONTANA DEPARTMENT OF
TRANSPORTATION, PO Box 201001, Helena, Montana 59620-1001 ("Transferee"), all of Transferor's
right, title, and interest in and to the following described premises in the City of Bozeman, Gallatin County,
Montana:
Tract MDT of Certificate of Survey No. 473F, being situated within the NW'/< of Section 26,
Township 1 South, Range 5 East, P.M.M., City of Bozeman, 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.
TO HAVE AND TO HOLD unto the Transferee, and to Transferee's successors and assigns, forever.
DATED: September 9, 2014,
THE CITY
OF, BOZEMAN
By:
Chris A. Kukulski
City Manager
STATE OF MONTANA )
ss.
County of Gallatin )
This instrument was acknowledged before me on September 9, 2014, by Chris A. Kukulski as City
Manager of The City of Bozeman, a self-governing Mo tana loca g ernment.
Printed Name:
NOTARY PUBLIC for the State of Montana
�s DEX's''-,
KRIS DEASON RESIDING AT Montana
Ivetary Public My Commission Expires 20_
for the State of Montana
Residing at:
:�, .�' ��• Bozemr:n, Montana
re OF nno��` M Commission Expires:
August 12, 2018
GEOCODE(S)
REALTY TRANSFER CERTIFICATE
Confidential Tax Document
The information contained in this certificate is confidential
by Montana law.Unauthorized disclosure of this information ASSESSMENT CODE:
Is a criminal offense. 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 signed (Please read the attached instructions on
PART 1—DATE OF TRANSFER(SALE) page 1 for assistance in completing and filing this form).
Montana law requires this form be completed and may impose up to a
$500 penalty for failure to file a Ramify Transfer Certificate(15.7-304,305
09/0912014 {MMfDDIYYYY) and 310,MCA)
PART 2—PARTIES Please complete this section in-full.if additional space is required,pleasirattach a separate,page
Seller(Grantor) List the last 4 digits of the SSN or FEIN
Name THE CITY OF BOZEMAN SSN 00.0 00 E
Mailing Address C(iy Hall SSN 000 00 - ry
(Permanent} 121 North Rouse Avenue FEW. 00 -OQO 1238 0 .
City Bozeman ST MT Zip 59715 Daytime Phone (406)582-2309 m ro
o.
Seller Principal Residence —Yes ✓No ro
Buyer(Grantee) SSN _000 DO °—
Name MONTANA DEPARTMENT OF TRANSPORTATION a
MaRtrig Address PO Box 201001 SSN 000 00 -
(Permanent) FEIN 00 Q00 2402
City Helena STMT Zip 59620.1001 Daytime Phone (406)444 6090
Buyer Principal Residence _Yes *"No Transfer to Trustee,Custodian,or other
Mailing Address Representative:
For Tax Notice Trust FEIN 00 -000
(If different) City ST_Zip Minor SSN 000 -
PART 3-PROPERTY.D1rSCRIPTION Please complete fully;If additional spaces required,.please attach a separate page
Legal Description Tract MDT of Certificate of Survey No.473F Attachment ❑
AddlSub Block Lot
County Gallatin Cityfrown Bozeman Section 26 Township 01S Range 05E
PART 4—DESCRIPTION OFTRANSFER Please complete fully,more than one may apply.
�I sale El gift ❑ Barter ❑Nominal or No Consideration ❑Part of 10$1 or 1033 exchange
❑Transfer is subject to a reserved life estate ❑Beneficiary dead
Distressed sales. ❑Sheriff's deed ❑Trustee's deed 0 Deed in lieu offoredosure ❑Short sale ❑ Other
Transfer by Operation of Law
❑Termination of joint tenancy by ❑Termination of life estate by ❑Court order or decree ❑Merger,consolidation,or other
death death (except sheriffs sale) business entity reorganization
PART 5—EXCEPTIONS FROM PROVIDING SALES PRICE INFORMATION Please complete fully,morethen one may apply -
❑Gift ❑Termination of life estate by death
❑Transfer in contemplation of death without consideration ❑Transfer pursuant to court decree(except sheriff's sale)
❑Transfer between husband/wife or parenlichild for nominal ❑Tax deed
consideration ❑ Merger,consolidation or reorganization of business entity,
❑Transfer of property of the estate of a decedent ❑ Land eligible for limberlandlforestland classification(15-44-103.MCA)
0 Transfer by government agency ❑Land eligible for agricultural classification(15-7-201,MCA)
❑Correction,modification,or supplement of previously recorded ❑Transfer to a revocable living trust
instrument,no additional consideration ❑Other(Specify Type)
❑Termination of joint tenancy by death
PART 6—SALE PRICE INFORMATION Please complete fully,more than one may apply
Actual Sale Price S Value of good will included In sale$
Financing: Cash —FHA VA _Contract —Other Was an SID payoff included in the sale price?„Yes _No
Terms: _New loan OR Assumption of existing loan Did the buyer assume an SID?.—Yes _No
value of personal property included in sale S Amount of SID paid or assumed:S
Value of inventory Included in sale S Was a mobile home included in the sale? —Yes —No
Value of licenses included in sale$
PART•7—WATER.RIGHT DISCLOSURE:.This Disclosure Is only applicable to the-property identlfred In PART 3 above
I�A.Property is served by a pudic water ❑B.Seller has no water ❑C-Seller is transferring ALL ❑D.Seiler Is dividing or exempting
supply,i.e.,city,irrigation district,or rights on record with water rights on record (reserving)water rights.Seller
water district provides water. DNRC to transfer with DNRC to the Buyer, must fie Water Right Update form.
Sailer(Grantor)Signature Date
PART 8-PREPARER INFORMATION Preparer's signature is raquired
Name/Title William S.Docking.AlUmey at Law (please print) Signatures ji�S 1)7:�,y
Mailing Address SR?J Valley Commons Dr. Ste.5_ Daytime Phone 44n61 5R8-RS1R
City 17n>aman STD`Zip ryg7lA
Clark:and Recorder-Use Only
Recordinolnfonnation: Document# Book Page Date -
Department of Revenue Copy Page 3
Sec r (y Tirle�CO'Mpany
PRIVACY POLICY
We Are Committed to Safeguarding Customer Information
In order to better serve your needs and in the future,we may ask you to provide us with certain information. We understand
that you may he concerned about what we wilI do with such information-particularly any personal or financial information.
We agree that you have a right to know how we will utilize the personal information you provide to us.Therefore,together
with our underwriters,First American Title insurance Company and Old Republic National Title Insurance Company,.we have
adopted this Privacy Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we
may use information we have obtained from any other source, such as information obtained from a public record or from
another person or entity. First American has also adopted broader guidelines that govern their use of personal information
re�,,ardless of its source. First American calls these guidelines its Fair Information Values,a copy of which can he found on
their wcbsite www.firstam.com.
Tapes of information
t
Depending upon which ofour services You are utilizing,the types of nonpublic personal information that we may collect include:
i P g P Y b )p P P Y
! Information we receive from you on applications,forms and in other communications to us,whether in writing,in
person,by telephone or any other means.
! Information about your transactions with us,our affiliated companies,or others;and
! Information we receive from a consumer reporting agency.
Use of Information
I We request information from you for our own legitimate business purposes and not for the henefit of any iron-affiliated party.
Therefore,we will not release your information to non-affiliated parties except; (I)as necessary for us to provide the product
or service you have requested of us;or(2)as permitted by law.We may,however,store such information indefinitely,including
the period after which any customer relationship has ceased. Such information may be used for any internal purpose,such as
quality control efforts or customer analysis.We may also provide all of the types of nonpublic personal information listed above
to one or more of our affiliated companies.Such affiliated companies include financial service providers,such as title insurers,
property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services,
i such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the
1 information we collect, as described above to companies that perform marketing services on our behalf, on behalf of our
affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing
agreements.
Former Customers
Even if you are no longer our customer,our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information.We restrict access
to nonpublic personal information about you to those individuals and entities who need to know that information to provide
_ products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your
information will be handled responsibly and in accordance with this Privacy Policy and First American=s Fair Information
Y ues. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard
your nonpublic personal information.
_J
Serving Gallatin, Madison and Park Counties
600 South 19"'Ave.(59718) Post Office Box 6550 (59771-6550) Bozeman,Montana
Phone: 406.522.5500 Fax: 406.522.5501 Web: www.sectitle.com