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HomeMy WebLinkAbout04- McGough, Stephen P.; W. Babcock - Purchase Agreement PURCHASE AGREEMENT This agreement and entered into this ..!E.... day of August 2004, by and between the City of Bozeman (hereinafter the City) with offices at 411 East Main, Bozeman, Montana and Stephen P. McGough (hereinafter property owner) whose address is PMB 200 South 23rd Avenue, Suite D7, 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 is 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 to 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. In consideration of the payments and the specific agreements to be performed by both parties as set forth in this agreement, property owner agrees to provide to the City a recordable Warranty Deed at closing. The Warranty Deed shall grant the City all right and title ~ to a portion of the real property located at 2813 West Babcock Street, City of Bozeman, County of Gallatin and more particularly described as follows: A tract ofland 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 Tract B, Certificate of Survey 1805, as filed 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 projection of the said east line of Tract B, said point bearing North 89011'19" West a distance 3,230.94 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 144.00 feet, more or less, to the southerly projection of the said west line of Tract B, and the end of the line herein described. Said strip of land containing 4,609 square feet more or less. 2. The property owner further grants the City a temporary right of entry to enter and use a 15' strip ofland adjacent to and south of the proposed acquisition during construction. The property owner hereby agrees to provide the City at closing with a recordable temporary easement granting the City the authority to enter to the property during the construction of the improvements of West Babcock. 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 property owner the following: RIGHT OF WAY PURCHASE $ 1,795.50 Replacement value for 33 deciduous trees located within the construction easement and/or the Right of Way area $16,000.00 TOTAL $17,795.50 ,.Av'- In addition to the foregoing, the City agrees to repair, replace or reimburse property owner for any spruce trees located immediately adjacent to the thirty three (33) deciduous trees that are damaged due to construction of the improvements contemplated by this Agreement. Pursuant to the agreement of the parties hereto, the spruce trees are to remain in place, undisturbed and undamaged, and the City of Bozeman shall be responsible for repairing or replacing damaged trees to the Owner's reasonable satisfaction. 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. Except as herein described, the property owner agrees to pay all closing costs charged by the Security Title Company. 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, the title insurance policy 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 as determined in whatever 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. 8. The Parties agree that the closing shall take place at Security Title, located at 600 South 19th A venue, Bozeman, Montana, at a time mutually agreeable to both parties but in no event not later than August 31, 2004. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year as written below. ,2J MADE AND ENTERED into this J.l!:ky of () J) 1J1f;L PROPERTY OWNER: ~! JII~ Steph n . McGough THE CITY OF BOZEMAN B~?~ Ron Brey, Acting C ~ED o oZ' ~~ Ro In L. SullIvan, Clerk of CommIssIon r -- . n. ~ "7_ STATE OF MONTANA ) ) ss. County of Gallatin ) On this ~ day of , 2004, before me, the undersigned, a Notary Public for the State of Montana per 0 ally appeared Stephen P. McGough, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. ~~u 1t"UIIII',,1. ~~ GO 11,~ '* ~ .:... ..~*- ~~.. ..~~ ~:.O~~(":~ (Printed Name of Notary Public) .". SIAL :* Notary PuS State of Montana ~ ..~ Residing at ~ ~ .".~ ~ My Commission pires U. '50 . 9CO~ '1. OF ~\\~ 11111"'tllU"\\\~ STATE OF MONTANA ) ) ss. County of Gallatin ) On this _Ijp +;.. day of ~ ' 2004, before me, the undersigned, a Notary Public for the State of M ntana, personally appeared Ron Brey and Robin L. Sullivan, known to me to be the Acting City Manager and Clerk of Commission, respectively, ofthe City of Bozeman and the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SE~L) ~~t~~ , - - - ........ - -......~ - - /" - (Printed Name of Notary blic) .. -- -' -- :---- .- Notary Public for the State of Montana .- -. ..- - - Residing at 607~ ':...-,:. - -" , ", -' "- ~" " My Commission Expires 3/ zt; / -::J-CO 7 , , ~ ~