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HomeMy WebLinkAbout05- Wirtz, Donald F. & Kunda, Carol A.; 5540 W. Durston Rd - Purchase Agreement (2) " r: PURCHASE AGREEMENT This agreement and entered into this -..!.- day of~\J I." / 2005, by and between the City of Bozeman (hereinafter the City) with offices at 411 East Main, Bozeman, Montana and Donald F. Wirtz and Carol A. Kunda, residing at 5540 West Durston, Bozeman, Montana 59718. RECITALS WHEREAS Wirtz and Kunda own 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, Wirtz and Kunda have 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, Wirtz and Kunda agree 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 5540 W. Durston Road, City of Bozeman, County of Gallatin and more particularly described as follows: A portion of the tract ofland described in Film 147, Page 2213, Records of Gallatin County, situated in the NWl/4NE1I4 Section 11, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana, and being further described as follows: A strip of land, the north line of which is the north line of said Section 11; the east and west lines of which are the east and west lines of said tract; and the south line of which lies 45 feet, when measured at right angels, south of and parallel with the north line of said Section, said south line being extended or truncated to meet the east and west lines of said tract. Said strip ofland contains 7,910 square feet, more or less. 2. The Wirtz and Kunda further grant the City a temporary right of entry to enter and use a 15 foot wide and 43.4 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. The Wirtz and Kunda hereby agree to provide the City with a recordable temporary easement within thirty (30) days ofthe 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 Wirtz and Kunda the sum of $38,350.00. Said payment shall be made within thirty (30) days of the City's successful recording of the quit claim deed and temporary easement. 1~..11 payments under this agreement shall be made to Donald F. Wirtz and Carol A. Kunda and mailed to 5540 West Durston, Bozeman, Montana 59718. The parties mutually understand and agree that this payment includes compensation for the removal of trees and hedge as set forth in the temporary construction agreement. 4. The City further agrees, as part of the improvement project, to place water and sewer Purchase Agreement - Donald F. Wirtz and Carol A. Kunda Page 2 -" 6. 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. 7. 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. 8. 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. 9. 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. I O. In the event either party resorts to litigation to enforce any of the terms or conditions Purchase Agreement - Donald F. Wirtz and Carol A. Kunda Page 3 ,.. '~ ., . .' of this 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. !:#J' Donald F. Wirtz ~ 7/rI~ODS- ( ate) ~ Q ~dtt Carol A. Kunda 1/8/0S , (Date) THE CITY OF BOZEMAN ~./~' July 18, 2005 Chris A. Kukulski, City Manager (Date) ATTESTED BY: ~/~ C erk of the CIty ComrmssIOn July 18, 2005 (Date) Purchase Agreement - Donald F. Wirtz and Carol A. Kunda Page 4