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HomeMy WebLinkAbout04- Rowe, Edith J.; 2500 West Babcock - Purchase Agreement PURCHASE AGREEMENT This agreement and entered into this ~ day of J/.A J ~ 2004, by and between the City of Bozeman (hereinafter the City) with offices at 411 East Main, Bozeman, Montana and Edith J. Rowe (hereinafter property owner) whose address is 2500 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. 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 quit claim deed within thirty (30) days of the 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 2500 West Babcock Street, City of Bozeman, County of Gallatin and more particularly described as follows: 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 parcel of land conveyed from the Raymond R. Rowe and Edith J. Rowe Revocable Living Trust to Raymond R. Rowe and Edith J. Rowe, by deed dated September 4, 2001, as Document No. 2048810, as filed 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 that parcel from Raymond R. Rowe and Edith J. Rowe Revocable Living Trust to Raymond R. Rowe and Edith J. Rowe, said point bearing South 890 11' 19" East, a distance of 3,141.29 feet, more or less, from the west quarter corner of said Section 11; thence continuing along the north line of the Southeast Quarter, South 890 11' 19" East a distance of 105.00 feet, more or less, to a point being the northerly projection of the said east line of that parcel from Raymond R. Rowe and Edith J. Rowe Revocable Living Trust to Raymond R. Rowe and Edith J. Rowe, and the end of the line herein described. Said strip of land containing 3,412 square feet more or less. 2. The property owner further grants the City a temporary right of entry to enter and use a 10' strip of land adjacent to and south 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. 3. The City agrees to pay to property owner the following: RIGHT OF WAY PURCHASE OF 3,412 sq ft. $6,325.80 Temporary Easement for a 10' strip located along the southern edge of the ROW $ 708.75 TOTAL $7,034.55 The City further agrees that it shall issue a warrant for the total amount within but not later than thirty (30) days of the recording of the quit claim deed 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 this transaction, including but not limited to the preparation of all documents oftransfer, 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 tQe 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. PROPERTY OWNER: E dd:L (J ~~ 7/d / -t>CJc; ~ Edith J. Ro~e (Date) By: Ron Brey, Acting C" ATTESTED: @.:,.,/~ August g, 2004 Robin L. Sullivan, Clerk of Commission (Date) STATE OF MONTANA ) ) ss. County of Gallatin ) On this In~ day of -r 0 \ ~ ' 2004, before me, the undersigned, a Notary Public for the State of Montana persona y appeared EdIth J. Rowe, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) ~. fl-9~~ ~ \~ fl- . ."'V~ I'U \So .... (Printe ame of Notary PublIc) Notary Public for the State of Montana Residing at &'212 \I\-1A V1 My Commission Expires ~~if I--:z- )~o S- STATE OF MONTANA ) ) ss. County of Gallatin ) On this qfk. day of -----Au ~~ ,2004, before me, the undersigned, a Notary Public for the State of -Mon ana, personally appeared RON BREY and ROBIN L., SULLIVAN, known to me to be the Acting City Manager and Clerk of Commission, respectively, of the 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. (SEAL) ..... "- - (Printed Name of Notary Public - - .,-" Notary Public for the State of Montana ... Residing at #fni?A~ Ii;.. My Commission Expires 3/tr; DO? "