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HomeMy WebLinkAbout05- Double S Holdngs, LLC.; MacKenzie River Pizza, N. 19th Ave- Purchase Agreement ~ '-" PURCHASE AGREEMENT This agreement entered into this ~ay of JA1JlJY1f2.ll 2005, by and between the City , of Bozeman (hereinafter the City) with offices at 411 East Main, Bozeman, Montana and Double S. Holdings, LLC, DBA MacKenzie River Pizza (hereinafter Property Owner), 145 Rawhide Ridge Road, Bozeman, Montana 59718. RECITALS WHEREAS the Parties mutually agree and acknowledge that North 19th A venue and Valley Center Road are state routes operated and maintained solely by the State of Montana. Thus, any construction on North 19th Avenue and Valley Center Road is controlled solely by the State with minor input from the City of Bozeman. WHEREAS the PROPERTY OWNER owns certain real property adjacent to and along North 19th A venue and Rawhide Ridge Road in the City of Bozeman, and WHEREAS, the City desires to construct certain improvements along North 19th Avenue and Valley Center Road; and WHEREAS, it is necessary for the City to acquire certain real property as well as a temporary construction permit 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 in order to avoid any possibility that the City will use its powers of eminent domain otherwise known as condemnation to gain ownership of said 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 a strip of real property located at 145 Rawhide Ridge Road, City of Bozeman, County of Gallatin and more particularly described as follows: A strip of land in, through and across Lot 1, Tract 5 of Gardner-Simmental Plaza Subdivision, said strip of land being located in the Southeast quarter of Section 35, Township 1 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County Montana and being described as follows: Beginning at a point, said point being at the intersection of the south line of said Lot 1 and the East right-of-way line of North 19th Avenue, [Montana State Highway project No. RS 235.1(2)7]; thence North 0019'23" East along said line, a distance of 49.38 feet; thence South 2909'37" East, a distance of32.63 feet; thence South 60053' 55" East, a distance of 42.30 feet to the South line of said Lot 1; thence South 89039'51" West along said line, a distance of 53.14 feet to the point of beginning. The area of said strip of land is 949 square feet, more or less. 2. The PROPERTY OWNER further grants the City a temporary right of entry to enter and use a strip ofland immediately adjacent to and northeast of the proposed acquisition during construction. The PROPERTY OWNER hereby agrees to provide the City with a temporary construction permit granting the City the authority to enter the property during the construction of the improvements within thirty (30) days of the City's acceptance of this agreement. The City's temporary right to use this property shall automatically terminate at the end of construction or for the period of 18 months, whichever is greater. 3. The City agrees to pay to PROPERTY OWNER the $2,467.40 for the right of way. 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 receiving the temporary construction permit, whichever is latest, 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 construction permit is accepted by the City until the project is fully completed or the permit expires under the terms of this agreement. 5. The City of Bozeman shall be responsible for all costs and fees associated with the preparation of all documents of transfer, closing fees and recording fees. The PROPERTY OWNER shall be responsible for paying its own attorney's fees incurred in the transfer of this property including but not limited to the review of all documents and negotiation of the terms of the agreement. 6. Further, in exchange for the right of way, the City hereby agrees to include a median opening on North 19th Avenue at Rawhide Ridge Road during the construction of the North 19th A venuelV alley Center Road improvements. Said median will allow for left turns from the southbound lane of North 19th Avenue onto Rawhide Ridge Road. The City shall also construct a raised median, also known as a "pork chop", in order to prevent left turns from Rawhide Ridge Road onto North 19th Avenue but shall permit left turns from the southbound lane of North 19th A venue onto Rawhide Ridge Road. 7. Both parties mutually understand and agree that this agreement shall be enforceable only as part of the current North 19th AvenuelValley Center Road improvements. Further, the Parties specifically understand and agree that if future traffic, after construction of the current North 19th AvenuelValley Center Road improvements, requires modifications to these medians, the intersection, or any other part of the North 19th Avenue or Valley Center Road in order to preserve traffic safety and the efficient operation of the roadway, this agreement shall not @f5 ---- ..-- --.,-. prevent the State of Montana or the City from making such modifications. 8. 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. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year as written below. PROPERTY OWNER Double S. Holdings, LLC ~ ?l!~/iJ l!/Jmkv I/)y/O~ E- (Datf) THE CITY OF BOZEMAN ~(I~ 04/04/2005 Chris Kukulski, City Manager (Date) i::':.ud.: . 04/04l?OO5 C erk of the City CommIssion (Date)