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Home My WebLink About04- Stephens Enterprises LP.; 2310 W. Babcock St - Purchase Agreement --~ ~~" . PURCHASE AGREEMENT This agreement and entered into this ~ day of nG1~~ 2004, by and between the City of Bozeman (hereinafter the City) with offices at 411 East Main, Bozeman, Montana and the Stephens Enterprises Limited Partnership, (hereinafter property owner) located at 2310 West Babcock Street, Bozeman, Montana 59718. RECITALS WHEREAS the property owner owns certain real property adjacent to West Babcock Street in the City of Bozeman, and \ WHEREAS, the City desires to construct certain improvements including widening the street, installing sidewalks and constructing, replacing, maintaining or repairing water and sewer mains; and WHEREAS, it necessary for the City to acquire certain real property adjacent to West Babcock Street as well as a temporary construction easement in order to allow it construct these improvements; and WHEREAS, the property owner has agreed to sell to the City said interests in the property. NOW THEREFORE in consideration of the mutual promises and covenants contained herein, the parties mutually promise and covenant as follows: 1. ill consideration of the payments and the specific agreements to be perfonned by both parties as set forth in this agreement, property owner agrees to provide to the City a recordable quit claim deed within thirty (30) days ofthe City's acceptance of this agreement. The quit claim deed shall grant the City all right and title to a portion of the real property located at 2310 West Babcock Street, City of Bozeman, County of Gallatin and more particularly described as follows: I . : . . Parcel No. 22: A tract of land located in the Southeast Quarter of Section 11, Township 2 South, Range 5 East P .M.M., Gallatin County, Montana, being more particularly described as follows: A strip of land being 32.50 feet wide, lying on the north side of a line that is lengthened or shortened, as required, to terminate on the east and west lines of that tract of land known as Parcel V, conveyed from James W. Stephens and Mabel L. Stephens to Stephens Enterprises Limited Partnership, by deed dated March 13, 1997, recorded on Film 172, Page 389 with the Gallatin County Clerk and Recorder, said line being parallel to and 32.50 feet distant, southerly, when measured at right angles from the following described line: Beginning at a point on the north line of the said Southeast Quarter, being the northerly projection of the said west line of Parcel V from Stephens to Stephens Enterprises Limited Partnership, said point bearing South 890 11' 19" East a distance of2,976.15 feet, more or less, from the west quarter comer of said Section 11; thence continuing along the north line ofthe Southeast Quarter, South 890 11' 19" East, a distance of 80.03 feet, more or less, to a point being the northerly projection of the said east line of Parcel V from Stephens to Stephens Enterprises Limited Partnership, and the end of the line herein described. Said strip of land containing 2,599 square feet more or less. Parcel No. 25: A tract of land located in the Southeast Quarter of Section 11, Township 2 South, Range 5 East, P .M.M., Gallatin County, Montana, being more particularly described as follows: A strip of land being 32.50 feet wide, lying on the north side of a line that is lengthened or shortened, as required, to terminate on the east line of that parcel of land conveyed from the James W. Stephens and Mabel L. Stephens to Stephens Enterprises Limited Partnership, described as Parcell by deed dated March 13, 1997, recorded on Film 172, Page 389, as filed with the Gallatin County Clerk and Recorder, and the west line of that parcel ofland conveyed from James W. Stephens and Mabel L. Stephens to the Stephens Enterprises Limited Partnership, described as Parcel II by said deed, said line being parallel to and 32.50 feet distant, southerly, when measured at right angles from the following described line: Beginning at a point on the north line of the said Southeast Quarter, being the northerly projection of the said west line of Parcel II from Stephens to Stephens Enterprises Limited Partnership, said point bearing South 890 11' 19" East, a distance of3,246.22 feet, more or less, from the west quarter corner of said Section 11; thence , c ., . , . continuing along the north line of the Southeast Quarter, South 890 11' 19" east a distance of 389.83 feet, more or less, to a point being the northerly projection of the said east line of Parcel I from Stephens to Stephens Enterprises Limited Partnership, and the end of the line herein described. Said strip of land containing 12.672 square feet, more or less. 3. In addition to the foregoing. property owner agrees to sell to the City and the City agrees to purchase a perpetual utility easement across Lot 22 to lay, construct and maintain water, sewer and storm drainage pipelines for the purpose of transmitting water, wastewater and storm water in, through and across the following described property: A strip ofland being 26.00 feet wide, lying on the west side of the east line of Tract VW -1, of Certificate of Survey No. 1227, as filed with the Gallatin County Clerk and Recorder, located in the southeast quarter of Section 11, Township 2 South, Range 5 East, P .M.M., Gallatin County, Montana; said strip being more particularly described as follows: Commencing at the center quarter comer of said Section 11, thence along the north line of said southeast quarter, South 890 11' 19" East a distance of 410040 feet, more or less, to the northeast comer of said Tract VW -1; thence South 010 51' 58" West a distance of 32.51 feet to a point at the intersection of a line 32.50 feet south of, when measured at right angles, and parallel to said north line, and the east line of the said Tract VW-l, said point being the true point of beginning; thence leaving said parallel north line and along the said east line. South 01051' 58" West a distance of 239.80 feet, more or less, to the southeast comer of said Tract VW-l; thence along the south line of said Tract VW -1, North 890 09' 53" West, a distance of 26.00 feet, more or less; thence leaving said south line and running parallel to and 26.00 feet west of, when measured at right angles from said east line, North 010 51' 58" East a distance of 239.79 feet, more or less, to a point lying 32.50 feet south of, when . measured at right angles, the north line of said southeast quarter; thence along a line parallel to and 32.50 feet south of, when measured at right angles, the said north line, South 890 11' 19" East a distance of 26.00 feet to the point of beginning. Said strip of land containing 6,235 square feet, more or less. 3. With respect to Parcel No. 25, the property owner further grants the City a temporary right of entry to enter and use a 15' strip ofland adjacent to and northerly of the proposed acquisition during construction. As to Parcel No. 22, the property owner grants the City a temporary right of ., .., f t ~ . entry to enter and use a 10' strip ofland adjacent to and northerly of the proposed acquisition during construction. The property owner hereby agrees to provide the City with a recordable temporary . easement granting the City the authority to enter to the property during the construction of the improvements of West Babcock within thirty (30) days of the City's acceptance of this agreement. The City's right to use this strip of property shall automatically terminate at the end of construction. 4. The City agrees to pay to property owner the following: Parcel No. 25: RIGHT OF WAY PURCHASE OF 12,672 sq ft. $34,692.88 Parcel No. 22: RIGHT OF WAY PURCHASE OF 2,599 sq. ft. $ 1,697.05 Temporary Construction Easements for both parcels: $ 2,060.00 Permanent Utility Easement for Parcel No. 22: $ 4,364.50 TOTAL: $42,814.93 The City further agrees that it shaH issue a warrant for the total amount within, but not later than, thirty (30) days of the recording of the quit claim deed, the utility easement and Temporary Easement and mail said payment to property owner at the address indicated above. 4. The parties mutually understand and agree that possession of the property will be turned over to the City of Bozeman at the time the deed is accepted by the City. The parties further agree that the City shall have right of entry from date the Temporary Easement is accepted by the City until the project is fully completed. 5. The City of Bozeman shall be responsible for all costs and fees associated with the recording of documents required to finalize this transaction. . .. " ....t 'f . . . . . 6. Should the proposed project interfere with the existing septic system(s) on the property, if any, requiring the property owner to bring the septic system in compliance with current State and County regulations and the septic system cannot be replaced on the property, the City of Bozeman will connect the subject property to the City sewer system. In that event, the property owner shall not be required to pay any fees regarding that connection including but not limited to sewer impact fees or hook up fees. The property owner will be responsible for all monthly sewer charges in whatever determined by the method used by the City at the time of connection. 7. All terms of this agreement shall be binding upon and inure to the benefit of, and be enforceable by the heirs, assigns and personal representatives of the parties. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year as written below. GRANTOR: STEPHENS ENTERPRISES LIMITED PARTNERSHIP By: O~<-, (l,vJ'dt I1Jd;1 (J THE CITY OF BOZEMAN ~< ~...(~ 11/15/04 ........ ""-~. ,.. Chris A. Kuku ski, CIty Manager (Date) .... .'..... ___......., '",- "1-,"- ATTESTE9, ':~ .....- ~=-~ '. ....~-~,._~~ 11/15/04 Rooin L Sl1l1ivari,-clefk of Commission (Date) . . ~~ , ... ~ - ~