HomeMy WebLinkAbout04- Bertagnolli, Mary Margaret; 2629 W. Babcock St - Purchase Agreement
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PURCHASE AGREEMENT
This agreement and entered into this ~ day of November 2004, by and between the City
of Bozeman (hereinafter the City) with offices at 411 East Main, Bozeman, Montana and Mary
Margaret Bertagnolli residing at 2629 West Babcock Street, Bozeman, Montana 59718.
RECITALS
WHEREAS Mary Margaret Bertagnolli 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, Mary Margaret Bertagnolli 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. In consideration of the payments and the specific agreements to be performed by both
parties as set forth in this agreement, Mary Margaret Bertagnolli agrees to provide to the City a
recordable quit claim deed within thirty (30) days ofthe City's acceptance ofthis agreement. The
quit claim deed shall grant the City all right and title to a portion of the real property located at 2629
West Babcock Street, City of Bozeman, County of Gallatin and more particularly described as
follows:
A tract of land located in the Northwest 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 south side of a line that is
lengthened or shortened, as required, to terminate on the east and west lines of that
parcel of land conveyed from Todd Dean Gardenier and Mary Margaret
Bertagnolli/Gardenier to Mary M. Bertagnolli, by quit claim deed dated August 20,
2004, recorded as Document #2161073 (CaS 899) with the Gallatin County Clerk
and Recorder, said line being parallel to and 32.50 feet distant, northerly, when
measured at right angles from the following described line:
Beginning at a point on the south line of the said Northwest Quarter, being the
southerly proj ection of the said east line of that parcel from Todd Dean Gardenier and
Mary Margaret Bertagnolli/Gardenier to Mary M. Bertagnolli, said point bearing
North 89011' 19" West a distance of2,639 .83 feet, more or less, from the east quarter
corner of said Section 11; thence continuing along the south line of the Northwest
Quarter, North 89011' 19" West a distance of 111.40 feet, more or less, to a point
being the southerly projection of the said west line of that parcel from Todd Dean
Gardenier and Mary Margaret Bertagnolli/Gardenierto Mary M. Bertagnolli, and the
end of the line herein described.
Said strip ofland containing 3,620 square feet, more or less.
2. Mary Margaret Bertagnolli further grants the City a temporary right of entry to enter and
use a 15 foot wide strip of land adjacent to and northerly of the proposed acquisition during
construction. Mary Margaret Bertagnolli 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.
3. The City agrees to pay to Mary Margaret Bertagnolli the following:
RIGHT OF WAY PURCHASE OF 3,620 square feet $1,659.44
Present Traveled Way 2,338 square feet
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Right of Way 279 square feet
Encumbered Property 1,003 square feet
Temporary Easement for a 15' strip located
along the northern edge of the ROW $ 609.00
TOTAL $2,268.44
The City further agrees that it shall issue a warrant for the total amount within but not later
than thirty (30) days ofthe recording ofthe quit claim deed and Temporary Easement and mail said
payment to Mary Margaret Bertagnolli 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 this
transaction, including but not limited to the preparation of all documents of transfer, closing fees and
recording fees.
6. Should the proposed project interfere with the existing septic system(s) on the property,
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 ofthe parties.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year as written below.
LANDOWNER
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Mary Marg t ertagn~ i (Date)
THE CITY OF BOZEMAN
C~A~ 11-15-04
elrris A. Kukulski, City Manager (Date)
ATTESTED BY:
fjf: 0/ ~ 11-15-04
(Date)
erk of the City Commission