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HomeMy WebLinkAboutResolution 4666 Intent to Discontinue, Abandon, and Vacate a Portion of Pear Street COMMISSION RESOLUTION NO. 4666 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO DISCONTINUE, ABANDON AND VACATE A PORTION OF PEAR STREET IN THE NORTHERN PACIFIC ADDITION TO THE CITY OF BOZEMAN, LOCATED IN SECTION 6, TOWNSHIP 2 SOUTH, RANGE 6 EAST, PRINICIPAL MERIDIAN MONTANA, GALLATIN COUNTY,MONTANA. WHEREAS, a petition to vacate a portion of Pear Street adjacent to Blocks 97 and 99 in said Northern Pacific Addition, has been filed with the City Clerk by Kenneth J. and Kristin VanDeWalle, owners of property abutting the said street right-of-way, as shown in Exhibit "A" attached hereto; and WHEREAS, City Commission Resolution 3628 requires certain procedures be followed to review a petition to discontinue a street or alley including: (i) requiring the petition contain specific information; (ii) acceptance of the petition by the City Commission (which occurred September 14, 2015); (iii) the return of a report from the City's Engineering Division; (iv) a public hearing on whether to approve the petition; (v) notice both mailed to affected property owners and published in the Bozeman Daily Chronicle; and (vi) adoption of this Resolution. and WHEREAS, notice was mailed in conformance with Resolution 3628 and a public hearing was held on March 21, 2016 at which time reasonable opportunity was provided to the Resolution 4666 public and those that have an interest in property abutting said right-of-way to make objections to the discontinuance of this right-of-way; and WHEREAS, the subject street right-of-way can be discontinued without detriment to the public interests; and WHEREAS, it is in the best interests of the City of Bozeman and the inhabitants therein that said right-of-way be discontinued, provided, however, that said discontinuance does not affect the right of any public utility to continue to maintain its plant and equipment in said right-of-way. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: Section 1 Declaration of Intention It is hereby declared to be the intention of the City Commission of the City of Bozeman, Montana, to vacate all of the right-of-way of Pear Street in the Northern Pacific Addition contained within the following metes and bounds: BEGINNING at the southwest corner of Parcel A of Certificate of Survey 539, located in Section 6, Township 2 South,Range 6 East, Principal Meridian Montana, City of Bozeman, Gallatin County,Montana;thence N 440 57' 57"W a distance of 125.48 feet to the southeast corner of Lot 31, Block 97,Northern Pacific Addition to the City of Bozeman,the true point of beginning; thence S 450 02' 03"W a distance of 60.00 feet to a point on the southerly line of Pear Street; thence N 440 57' 57"W along said southerly line of Pear Street a distance of 291.59 feet more or less to a point on the right-of-way line of Interstate 90;thence S 690 16' 38"E along said right- of-way line of Interstate 90 a distance of 146.17 feet to a point on the northerly line of Pear Street;thence S 440 57' 57"E along said northerly line of Pear Street a distance of 15 8.3 8 feet to the southeast corner of Lot 31,Block 97,Northern Pacific Addition the true point of beginning. The discontinuance shall not affect the right of any public or private utility facility to continue to maintain currently established plant and equipment in the street right-of-way. Resolution 4666 Section 2 Fee Title to Revert to Kenneth J. and Kristin VanDeWalle It is the intent of the Commission that the fee title to the land where the right-of-way will be discontinued will be declared, upon adoption of a final resolution discontinuing the street, to revert to Kenneth J. and Kristin VanDeWalle for their benefit. Section 3 City Engineering to Bring Back Plat and Final Resolution By adoption of this Resolution, and in compliance with Resolution 3628, the City Commission of the City of Bozeman hereby directs a plat depicting the changes approved herein be brought to the Commission for review and decision on adoption along with a final resolution of discontinuance. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 111h day of April, 2016. ATTEST: CARSON TAYLOR Mayor Off,g Q z ROBIN C-ROUGI-I-` City Clerk'-, r: ° 1- _ APPROVED AS TO FORM: 7 G SULLIVAN Attorney I Resolution 4666 VY'n?jJ rlly,79..A4 ?� City of Bozeman r 7City Limitsarcels erial Photo(4121/15) Red: Band-1 - ® Green:Band-2 . Blue: Band 3 Location SC •� s Subject Location ^_ owl04 IRI � �t_ t_�• a r.r 5�' • ..■.®� . City of Bozeman .- � r +•�•nemr�� Ali �' -.■ice:= v— r tSaf*' 4 ';, GIS Department ��-- sr^,� li iiIllNll el'N ��N�IIIIII -�I�INI I;�r www.bozeman.net 5 o " This product is for informational purposes and may not have been 0 0 0 0 ♦ prepared for,or be suitable for legal,engineering,or surveying purposes. 1: 7,513 Users of this information should review or consult the primary data and Feet information sources to ascertain the usability of the information. ti 7 '- BOOSTER STATION v41., r VanDeWalle -- CITY OF BOZEMAN PARCELS BOOSTER STATION PROPERTY EXHIBIT A PEAR ST. AREA TO BE VACATED �16 M1 99 LOT 17 BLK go PEAR 7 - INTERSTATE 90 eo FT WDE OW MON s N ST 60 VACATED HWY R 13 '1� ti b 41 01 FND RB Cb ~a Vi or W\ 0 50' 100, ` & L ' � FND RB PARCEI. 'A' COS 539 S� F rs 0 FND RB NW COR TR 1 COS 1363 NOTE: THE AREA TO BE VACATED HAS NOT BEEN COMPLETELY SURVEYED AND WAS PREPARED AS AN EXHIBIT ONLY, THE HIGHWAY RIGHT OF WAY HAS YET TO BE DETERMINED. LEGEND 0 MONUMENT FOUND AS NOTED HWY ROW MONUMENT 0 4Xe CONC MARKER 0 5/8' IRON PIN WITH YELLOW PLASTIC CAP FOUND YELLOW PLASTIC CAPS POINTS ON UNE NORTH AND SOUTH SIDES OF PEAR ST. FOUND MONUMENTS - - - ADJOINERS AND HWY ROW PEAR ST AREA TO BE VACATED NORTH LINE MILLWAUKE SPUR LINE ARROW-AD SURVEYING PC MORRIS A ZAHN PLS PO BOX 3743, BOZEMAN, MT 59772 406—W7-2220 MOZAHf1piSN.COM 1982 Stadium Drive Suite 3 KLJ Bozeman,MT597i5-o697 � 406 404 i849 kljeng.com DD ARG C, I L l6 March 31, 2016 Mr. Rick Hixson City Engineer City of Bozeman 20 East Olive Bozeman, MT 59771 Re: North Wallace Avenue Reconstruction - Recommendation of Contract Award Dear Mr. Hixson: Bids were publicly opened and read aloud for the North Wallace Avenue Reconstruction Project on March 29, 2016. A total of three bids were received. These bids were checked for mathematical accuracy and no discrepancies were found. Knife River - Belgrade was the Lowest responsive Bidder with a Total Base Bid of $2,278,915.75. KLJ is familiar with Knife River and consider them to be qualified to perform the proposed Work of the subject Project. We therefore recommend that the City award the Contract to Knife River - Belgrade in the amount of their Total Base Bid. Please find enclosed a copy of the Bid Tabulation along with four (4) copies of the Notice of Award. Once the Notice of Award has been signed, please return all four copies to KLJ. Once received, we will forward the Notice of Award along with the remaining Contract Documents to Knife River - Belgrade for execution. If you should have any questions or concerns, please don't hesitate to call me at (406) 582- 6222. Sincerely, KLJ Shane Strong Project Engineer Enclosure(s): Certified Bid Tabulation; Notice of Award (4 copies) Project #: 11415008.5 cc: KLJ file TABULATION OF BIDS NORTH WALLACE AVENUE RECONSTRUCTION PROJECT r K LI CITY OF BOZEMAN,MONTANA �. Low Bidder 2nd Low Bidder High Bidder Engineers Opinion of Cost Knife River-Belgrade Williams Civil Construction Nelcon,Inc. Belgrade,MT Bozeman,MT Kalispell,MT ITEM UNIT DESCRIPTION UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL QTY UNIT PRICE SUM PRICE SUM PRICE SUM PRICE SUM SCHEDULE 1-GENERAL CONDITIONS 101 Mobilization 1 LS $217,000.00 $ 217,000.00 $164,750.00 $ 164,750.00 S 90,000.00 $ 90,000.00 $302,000.00 $ 302,000.00 102 Taxes,Bond,Er Insurance 1 LS $ 80,000.00 $ 80,000.00 S 28,500.00 S 28,500.00 S 82,500.00 S 82,500.00 $135,000.00 $ 135,000.00 103 Stormwater Management&Temporary Erosion Control 1 LS S 27,000.00 S 27,000.00 $ 20,000.00 $ 20,000.00 S 31,000.00 S 31,000.00 S 19,000.00 S 19,000.00 104 Construction Traffic Control 1 LS $ 57,400.00 $ 57,400.00 S 20,000.00 S 20,000.00 S 20,300.00 $ 20,300.00 $ 45,000.00 S 45,000.00 105 Concrete Median 1 I LS $ 4,150.00 $ 4,150.00 S 2,000.00 S 2,000.00 $ 4,020.00 $ 4,020.00 $ 5,500.00 $ 5,500.00 10 Traffic Circle 1 LS $ 4,120.00 $ 4,120.00 S 3,500.00 S 3,500.00 S 5,570.00 $ 5,570.00 $ 7,800.00 S 7,800.00 107 6"Schedule 80 PVC Conduit 802 LF $ 10.00 $ 8,020.00 S 19.00 S 15,238.00 S 8.60 $ 6,897.20 5 16.00 $ 12,832.00 108 Exploratory Excavation-Large Crew 30 HR $ 500.0o $ 15,000.00 S 450.00 $ 13,500.00 $ 480.00 $ 14,400.00 $ 700.00 $ 21,000.00 109 Exploratory Excavation-Small Crew 30 HR S 200.00 S 6,000.00 $ 250.00 S 7,500.00 $ 19o.00 $ 5,700.00 S 150.00 $ 4,500.00 SUBTOTAL-SCHEDULE 1 S 418,690.00 $ 274,988.00 $ 260,387.20 $ 552,632.00 SCHEDULE2-STREET IMPROVEMENTS 201 Miscellaneous Work 1 LS S 35,000.00 S 35,000.00 S 35,000.00 S 35,000.00 S 35,000.00 S 35,000.00 S 35,000.00 $ 35,000.00 202 Concrete Removal-Flatwork 11,343 SF S 3.00 S 34,029.00 S 1.60 $ 18,148.80 $ 2.10 $ 23,820.30 S 2.50 $ 28,357.50 203 Concrete Removal-Curb&Gutter 3,691 LF S 8.00 5 29,528.00 $ 2.50 $ 9,227.50 $ 5.10 5 18,824.10 $ 8.00 $ 29,528.00 204 Remove Existing Street Sign Et Post 34 EA $ 100.00 $ 3,400.00 $ 60.00 $ 2,040.00 $ 55.00 $ 1,870.00 $ 120.00 $ 4,080.00 205 Excavation Above Subgrade 7,856 CY S 16.00 S 125,696.00 5 25.00 $ 196,400.00 $ 18.00 $ 141,408.00 S 22.00 $ 172,832.00 206 Subgrade Stabilization 603 SY $ 50.00 S 30,150.00 $ 15.00 $ 9,045.00 S 14.00 $ 8,442.00 $ 45.00 $ 27,135.00 207 1-1/2"Crushed Base Course 4,652 CY S 35.00 I$ 162,820.00 S 28.00 $ 130,256.00 $ 27.00 S 125,604.00 $ 33.00 5 153,516.00 208 SS-1 or CSS-1 Emulsified Asphalt 1,207 GAL $ 3.50 $ 4,224.50 $ 3.00 $ 3,621.00 $ 3.30 $ 3,983.10 $ 7.50 $ 9,052.50 209 Asphalt Concrete Surface Course Grade Type B 3,388 TON S 65.00 S 220,220.00 S 54.00 $ 182,952.00 S 60.00 $ 203,280.00 S 46.00 I$ 155,848.00 210 Asphalt Cement Binder(PG 58.28) 203 TON S 550.00 $ 111,650.00 S 1.00 $ 203.00 $ 1.10 $ 223.30 $ 400.00 $ 81,200.00 211 Combined Curb Er Gutter 6,716 LF $ 16.00 $ 107,456.00 $ 11.50 $ 77,234.00 $ 16.00 $ 107,456.00 S 20.00 $ 134,320.00 212 4-Inch Sidewalk 5,141 j SF $ 7.50 $ 38,557.50 $ 7.00 S 35,987.00 $ 9.80 $ 50,381.80 S 5.75 S 29,560.75 213 6-Inch Sidewalk 1,900 SF $ 8.00 $ 15,200.00 S 8.00 $ 15,200.00 $ 11.00 S 20,900.00 $ 9.00 $ 17,100.00 214 Detectable Warning Panels 480 SF S 40.00 I $ 19,200.00 $ 30.00 $ 14,400.00 $ 33.00 I $ 15,840.00 $ 50.00 $ 24,000.00 215 Concrete Driveway(6-inch) 5,755 SF $ 10.00 $ 57,550.00 $ 8.00 S 46,040.00 S 11.00 $ 63,305.00 $ 8.50 $ 48,917.50 216 Street Sign&Post 90 EA $ 500.00 $ 45,000.00 $ 300.00 S 27,000.00 S 330.00 S 29,700.00 $ 535.00 S 48,150.00 217 Reset Existing Street Sign&Post 1 EA S 250.00 $ 250.00 $ 200.00 S 200.00 S 220.00 $ 220.00 $ 300.00 $ 300.00 219 Speed Feedback Sign 218 Flexible Delineator 40 EA S 75.00 S 3,000.00 $ 80.00 S 3,200.00 S 83.00 $ 3,320.00 $ 75.00 $ 3,000.00 1 EA $ 6,000.00 $ 6,000.00 $ 8,750.00 S 8,750.00 $ 9,420.00 5 9,420.00 S 10,0o0.00 S 10,000.00 220 Preformed Inlaid Plastic Pavement Marking-White(8-inch) 834 LF S 8.00 $ 6,672.00 $ 10.00 $ 8,340.00 S 9.90 1 $ 8,256.60 1 S 11.00 S 9,174.00 Page 1 of 4 APPLICATION FOR STREET/ALLEY VACATION 1. Applicant's Name: K kwo �. Applicant's Address: -400 , A4T 5015 3. Applicant's Telephone Number—. 4. Name and written description of street/alley or part thereof to be vacated: �j�Tt��� 1�`�'��"l��"1✓i�t/i-�i,�ix� �-i�!-�T���=���y �� t�1����N� �.� IA ('t-j e��T �D; �s v�-t�i�t-�.tv ��c..r rry l v�-v� � r•"�,: _„ „ - V Nam•Maw V6 OF—AM 5. Map/Diagram of proposed vacation showing the following: � �-�p fvoxweP a. Location in city; b. Street/Alley proposed to be vacated; C. Applicant's property; (` d. Other adjacent property o�v�lers; 0S�P0 A `J i e. Location of utilities; and ------- f. Buildings/Fixtures adjacent. 6. Names and addresses of landowners adjacent to the street/alley to be vacated: Name Address �������� ��j � �it�i� ut�i�D i�i� ��► iMl�cyivt'1,?r�i� -�Cvunti i�i�(� ��� 7. ATTACH SIGNEID CONSENT LETTERS FRO\I EACH ADJACENT LANDOWNER. 8. Is street/alley improved? YES 9 (circle one). 9. Attach statement from utility companies indicating whether they consent, consent with conditions and stating conditions, or object to proposed vacation. 10. Attach title report showing all ownership interests and easements in property abutting the proposed vacation. 11. Nan-refundable Application Fee for simple street/alley vacations: Public Service $ 60.00 0 City Clerk $ 75.00 ��0 Police $ 25.00 Fire $ 25.00 Din ;»r, 19 in nn City Engineering Staff Report—Proposed discontinuance (vacation) of portion of Pear Street A petition to discontinue a portion of Pear Street was received from Kenneth VanDeWalle and referred to staff for review. The portion of Pear Street proposed for discontinuance is near the Pear Street Water Supply Booster Station, and extends from the Booster Station northwest approximately 300 feet to the right-of-way of Interstate 90. The adjoining property owners are the applicant and City of Bozeman on the northerly side, Montana Rail Link on the southerly side, and the Montana Department of Transportation on the westerly side. The street right-of- way proposed for discontinuance is currently unimproved. Encroachments consisting of fences and sometimes livestock sheds have existed in the right-of-way for many years. The impact of the proposed discontinuance has been reviewed by the criteria set forth in Commission Resolution 3628: Impact on private and public utilities: It was determined that the discontinuance, as proposed by the applicant, would impact access to the Booster Station and existing water mains. The applicant subsequently revised the limits of the proposed discontinuance to eliminate these concerns. As revised, no public sewer, water or storm drain mains exist within the subject right- of-way. The City's current facility planning maps for water and sewer do not identify a need for any mains to utilize any of the subject right-of-ways in the future. The applicant solicited comments from all known local private utility providers. No objections to the discontinuance have been received from any private utility provider. Impact on traffic: the subject right-of-ways are not developed as improved streets or alleys and are not part of the current transportation system. The City's current transportation facility planning maps do not identify a need to utilize the subject right-of-ways for any future street network. Impact on accessibility: discontinuance of this right-of-way would not change current accessibility as it is not being utilized for either vehicle or pedestrian traffic. Access to the Booster Station would remain as it currently is. Impact on fire, police and other emergency services: no impact to these services identified. Impact on garbage collection and street maintenance: no impact to these services identified. Alternatives to vacation: revocable encroachment permits could be issued. Some improvements such as sheds and fences are currently located within these right-of-ways. Encroachment permits would allow the encroachments to continue until such time as the right-of-way is needed in the future. Recommendation: discontinuance of the right-of-way as requested can be done without detriment to the public interest, and is the preferred alternative. An encroachment permit for any remaining encroachments such as fences not within the vacated area could be issued to allow these to remain until such time as the right-of-way is needed for public use.