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HomeMy WebLinkAbout05- Hovanec, Lorie L.; W. Durston Rd - Purchase Agreement .'" .... . PURCHASE AGREEMENT This agreement and entered into this -L day of August 2005, by and between the City of Bozeman (hereinafter the City) with offices at 411 East Main, Bozeman, Montana and Lorie L. Hovanec at P.O. Box 240886, Anchorage, Alaska 99524 RECITALS WHEREAS Hovanec owns certain real property adjacent to Durston Road 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 Durston Road as well as a temporary construction easement in order to allow it construct these improvements; and WHEREAS, Hovanec 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, Hovanec 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 known as Parcel 3 of Remainder Tract 7 of Smith Subdivision along West Durston Road, City of Bozeman, County of Gallatin and more particularly described as follows: '.. A tract ofland being part of the remainder of Tract 7 of the Smith Subdivision, as shown on Certificate of Survey G-27-A, as filed with the Gallatin County Clerk & Recorder,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 lying north of and being 45.00 fee wide, when measured at right angles from the following line: Commencing at the northwest comer of said Section 11; thence along the north line of said northwest quarter, South 89'03' East a distance of 637.3 feet, more or less, tot he northeast comer of said remainder ofTrct 7, and the True Point of Beginning. Thence continuing along the north line of said northwest quarter, and along the north line of said remainder of Tract 7, South 89'03' East a distance of 123.1 feet, to the northeast comer of said remainder of Tract 7, and the end of the line herein described. The ends of said strip of land are lengthened or shortened, as required, to terminate on the east and west lines of said remainder. . Said strip ofland contains 5,540 square feet, more or less. 2. Hovanec further grants the City a temporary right of entry to enter and use a 5 foot wide and 123.1 foot long rectangle piece ofland adjacent to and south of the proposed acquisition during construction and as depicted on Exhibit "A" attached. Said temporary easement shall provide the City authority to enter the property during the construction of the Durston Road improvements. Hovanec hereby agrees to provide the City with a recordable temporary easement 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. In exchange for the foregoing, the City agrees to pay to Hovanec the sum of $14,400.00. Said payment shall be made within thirty (30) days of the City's successful recording of the quit claim deed and temporary easement. All payments under this agreement oJ' shall be made to Lorie L. Hovanec and mailed to P.O. Box 240886, Anchorage, Alaska 99524. 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. This Agreement shall be construed and governed by the laws in the State of Montana. In the event of litigation concerning this agreement, the proper venue shall be the Eighteenth Judicial District Court, Gallatin County Montana. 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. In the event either party resorts to litigation to enforce any of the terms or conditions ofthis agreement, then the prevailing party shall be entitled to reasonable attorney's fees and costs, to include fees, costs, and salary of in-house counsel. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year as written below. LANDOWNER -2f ro Il'''q, ~. I) to., Lorie L. Hovanec ~:J \;;t I ;;z.oo 5 (Date) THE CITY OF BOZEMAN ~~' AUQust 1. 2005 Chris A. Kukulski, City Manager (Date) ... ATTESTED BY: ~X~ Clerk of the City Commission AlIgllc;t 1 J 2005 (Date) . 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Remainder Tract 7 Smith Subdivision 50 0 I----~ ( IN FEET ) 25 1 50 I CLIENT, FIELD WORK' DRAWN BY: SlAR CHECKED BY' GJS DATE: 4/11/05 SCALE: PROJ #:0417.035 PLOTTED DATE; Moy/17/2005 - 01 :32:53 pm DRAWING NAME: 5$-1,7 R.", H:\O.t7\035\ACAO\El\I't,bil.~brnl & ROW\CWA MASTER.dwg SHEET -L- OF 1 PlOTTED IJY:.""'.