HomeMy WebLinkAbout04-07-17 Correspondence - Taylor to County Commission - Oak and Ferguson Easements (Megabuild) BOZEMANmT
City Management
April 7, 2017
Don Seifert, Chairman, County Commission
Joe Skinner, County Commissioner
Steve White, County Commissioner
Jim Doar, County Administrator
Gallatin County G
311 West Main
Bozeman,MT 59715
Regarding: Offer for Transfer of Public Use Easement and Temporary Construction
Easement Along Segments of Oak Street and Ferguson Avenue Adjacent 4
to Gallatin County Regional Park
Dear Sirs:
V
9
3,
Thank you for a productive meeting yesterday with Mr. Doar,Mr. Seifert, County
Attorney Lambert and County Engineering, Legal,and Parks staff regarding the City's
offer to purchase a permanent public use easement and temporary construction easement
at the Gallatin County Regional Park along Oak Street and Ferguson Avenue. We
appreciate your time on short notice and your efforts related to this City roadway
improvements project.
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Attached please find a memorandum of agreement and easement documents. As we
discussed,the City is prepared to offer$2.10 per square foot for the public use and
temporary construction easements. The total area of the public use easement is 76,955
square feet,for a total of$161,606 in compensation for the public use easement and the t
temporary construction easements.
Si cerely,�
Dennis Taylor
Interim City Manager
Cc: Carson Taylor,Mayor,City of Bozeman Marty Lambert,County Attorney
Cyndy Andrus,Deputy Mayor Erin Arnold, Sr.Civil Deputy County
Jeff Krauss,City Commissioner Attorney
Chris Mehl,City Commissioner Greg Sullivan, City Attorney
I-Ha Pomeroy,City Commissioner Karen Stambaugh,Assistant City Attorney .
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Attachments: Memorandum of Agreement;Public Use Easement;Temporary Construction Easement
TDD: 406-582-2301 THE MOST LIVABLE PLACE.
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Return to:
OOWL
2090Gtadium Drive
Bozeman, K4T5Q715
PROJECT NAME:OAK STREET
13
CITY OF BOZEMAN ROADWAY IMPROVEMENTS
Engineering Division
Public Works Department
0 0. TEMPORARY CONSTRUCTION
EASEMENTS
TEMPORARY CONSTRUCTION EASEMENTS
THE 8RANTOR(3), GALLAT|N COUNTY, m pm||dua| subdivision of the State of YNqnbmna, vvhonn
address iu311 W. Main St. Suite 38W' Bozeman. PNT50715. ao owner of the ro wdydaaohbed below,
and its/their successors and assigns for good and valuable consideration, conveys and warrants to the CITY
OF BOZ2K8AN' a Municipal Corporation of the State of K0ontanm, with offices at 121 North Rouse
Avenue, Bozeman Montana 50715. Grantee and to its nurnemnorm and assignees, on unrestricted
TampomoryConstmctionEanementn. over.endaun000thefd|c*Wngdeoohbednea|estote:
Temporary construction easements tothe City ofBozeman, nn Tract 3A'1 nf Certificate of Survey No.
2202B. a parcel of land being Tract 3A and a portion of Tract 4A of ']ar8hnmta of Survey 2202/\.
located in the NEY4of Section 3, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin
County, Montana. Said temporary construction easements are depicted on Exhibit A attached hereto
and more particularly described as:
Parcel 4-2
Beginning ot the Southeast corner nf the easement herein described, being o point on the North right-
of-way of West Oak Street, from which point the East quarter corner of Section 3, T2S, R5E, P.M.M.,
bears 8 87" 47' 58'' E. 1.888.05feet. said point ofbeginning; Thenoo, from said point of beginning, N
89- 59'52"W, 828.24 feet along the North right-of-way of West Oak Street to the East right-of-way of
North Ferguson Avenue; Thence, N 08" 80' 08^ E. 75.00 feet along the East hQht-of+waynf North
Ferguson Avenue; Thence, G80^ 50' 62^ E. G28.24 feet to the North right'o West Oak Street;
Thonne, 8 00^ OO' 08''VV. 75.00 feet along the North right-of-way of West Oak Street to the point of
beginning, and containing 62,118 sqft., more or less and as shown on Exhibit A;
Parcel 4-3
Beginning at the Southeast corner of the easement herein described, being a point on the North right-
of-wayofVVentOmkStnaotmndtheVVaatright-of-woyufOuvimLune. hnmwhiohpo|ntthoEantquortor
corner ofSection 3. T28, RSE. P.yN.K8.. bears Q 20^ 08' 10" E. 130.54foet. said point of beginning;
Thenne, from said point of beQinning. N 80" 59' 52" VV. 687.81 feet along the North right-of-way of
West Oak Street; Thence, from said point of beginning, 800" 54'55''VV' 145�58 feet along the Nmth
right-of-way Wes
t Oak Street; Thenoa, from said point of beginning. N 80^ 59' 52" W. 828.06 feet
along the North right-of-way of West Oak Street; Thence, from said point of beginning, N 00' 00' 08"
E. 75.O0 feet along the North hQht-of-wayof West Oak Street;Thence, S88^ 5Q' 52" E. 1.317.34feet;
CITY opeoZcMaw PROJECT NAME:OAK STREET ROADWAY IMPROVEMENTS Parcel 4-o and 4'a
pnoxsor*:*000.11^ox.uo Page of
Thence, N 01° 25' 57" E, 45.05 feet; Thence, S 88' 34' 03" E, 40.00 feet to the West right-of-way of
Davis Lane; Thence, S 01' 25'57"W, 48.48 feet along the West right-of-way of Davis Lane; Thence
along a curve to the RIGHT, having a radius of 64.00 feet, a delta angle of 18' 49' 58", and whose
long chord bears S 10' 50' 56" W, 20.94 feet along the West right-of-way of Davis Lane to the North
right-of-way of West Oak Street and to the point of beginning, and containing 70,551 sgft., more or
less and as shown on Exhibit A;
delineated as to said tract of land on the exhibit attached hereto and made a part hereof as Exhibit A of
this instrument and designated as Parcel 4-2 and 4-3. Said parcels are hereby provided to the CITY OF
BOZEMAN, for the purpose of constructing and/or improving a public street, highway, walkway, trail and/or
electric, telephone or telecommunications, gas, water, sewer, drainage, or other utility transmission or
distribution facilities as necessary for the Oak Street Improvements Project.
Upon completion of said project for which access is hereby provided, the CITY OF BOZEMAN shall restore
the property as nearly as possible to its original condition. The CITY OF BOZEMAN agrees to hold Grantor
harmless from any and all liability that may result or arise from the exercise of the rights granted hereby.
The Grantor hereby covenants with the CITY OF BOZEMAN that the Grantor has good title to the above-
described tract of land, and covenants that the CITY OF BOZEMAN shall have quiet and peaceable
possession thereof and use thereof during the period of the Temporary Construction Easement. This
Temporary Easement is in effect for a period beginning the 1st day of construction on the property, and
ending two (2)years later, at which time this easement shall expire and be of no force and effect.
GALLATIN COUNTY
Name:
Title:
ACKNOWLEDGMENT OF GRANTOR(S)
STATE OF )
)ss
County of )
On this day of 20_, before me, the undersigned, a Notary Public in and for
the said State, personally appeared the Grantor, known to me to be
of Gallatin County, a political
subdivision of the State of Montana, and the person whose name is subscribed to the within
instrument, who acknowledged to me that the person executed the same as the free and voluntary act of
said grantor, with full authority to do so and with full knowledge of its contents, for the uses and purposes
therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year
above written.
Notary Public in and for the State of
My Commission Expires:
CITY OF BOZEMAN PROJECT NAME:OAK STREET ROADWAY IMPROVEMENTS Parcel 4-2 and 4-3
PROJECTM 4535.11402.09 Page 2 of 3
f'IaLU0 PROJECT NAME: OAK STREET
CITY OF BOZEMAN ROADWAY IMPROVEMENTS
Engineering Division PROJECT#: 4535.f 1402.09
t� ^L '" �; Public Works Department
88 0�� PARCEL#:4-1, 4-2, and 4-3
O.. MEMORANDUM OF AGREEMENT
MEMORANDUM OF AGREEMENT
AGREEMENT has been reached this day of 20 between GALLATIN
COUNTY, a political subdivision of the State of Montana, the owner of Tract 3A-1 of Certificate of Survey
No. 2202B, City of Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of
record in the office of the County Clerk, and Recorder of Gallatin County, Montana, hereinafter "Seller"
and the CITY OF BOZEMAN hereinafter "Purchaser" for the purchase of said property interest(s). The
amount to be paid and other considerations to be given in full satisfaction of this AGREEMENT are as
follows:
i.
Public Use Easement(Parcel 4-1)*:
Easement area: 76,955 (sqft.)
76,955 sgft. x$2.10/sqft. $ 161,606 >
Total 161,606
*See Figure 1 attached
Other Conditions:
r:
1. Taxes and Special Assessments, if any, delinquent from former years, and Taxes and Special
Assessments for the current year, if due and/or payable, shall be paid by the Seller.
2. This Memorandum embodies the whole AGREEMENT between the parties hereto as it pertains to
the real estate, and there are no promises, terms, conditions or obligations referring to the subject
matter hereof, other than as contained herein.
3. The Seller hereby agrees that the compensation herein provided to be paid includes full
compensation for their interest and the interests of their life tenants, remaindermen, reversioners,
liens and lessees, and any and all other legal and equitable interest that are or may be
outstanding and said Seller agrees to discharge the same.
4. This AGREEMENT shall be deemed a CONTRACT extending to and binding upon the parties
hereto and upon the respective heirs, devisees, executors, administrators, legal representatives,
successors and assigns of the parties, only when the same shall have been approved by the City
Manager on behalf of the Public Works Department.
5. The property transfer shall be effective upon acceptance by Purchaser, evidenced by the execution
of this AGREEMENT by the Purchaser and payment of the purchase price.
Of the total amount of compensation hereinabove agreed upon, the sum of$161,606 shall be paid upon
execution and delivery of a good and sufficient: ® Public Use Easement, ® Temporary Construction
Easement.
Disbursement of funds will be made in the following manner:
Seiler Amount of Payment
GALLATIN COUNTY $161,606
CITY OF BOZEMAN PROJECT NAME:OAK STREET ROADWAY IMPROVEMENTS Parcel 4-1,4-2,and 4-3
PROJECT#:4535.11402.09 Page 1 of 3
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The Seller certifies that there are no known hazardous materials on the property being acquired.
The terms of this AGREEMENT are understood and assented to by us and payment is to be made in
accordance with the above.
GALLATIN COUNTY
Date:
Name:
Title:
CITY OF BOZEMAN
Date:
By: Dennis Taylor
Title: Interim City Manager
ATTEST:
Date:
By: Robin Crough
Title: City Clerk
CITY OF BOZEMAN PROJECT NAME:OAK STREET ROADWAY IMPROVEMENTS Parcel 4-1,4-2,and 4-3
PROJECT#:4535.11402.09 Page 2 of 3
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DOVVL
2000 Stadium Drive
Bozeman, K8T50715
PROJECT NAME: OAK STREET
CITY OF BOZEMAN ROADWAY IMPROVEMENTS
Engineering Division
Public Works Department
0. PUBLIC USE EASEMENT
PUBLIC USE EASEMENT
THEGRANTOR(G). GALLAT]N COUNTY, a ppUdua| subdivision pf the State ofMontana, whose
address|n31i W. Main St., Suite 306, Bozeman, MT 59715, for and in consideration of Ten and Noll 00-
Dollars, and other valuable uonmidaraUun, in hand pm(d, conveys and warrants to the CITY OF
BOZEMAN, a Municipal Corporation of the State of Montana,with offices at 121 North Rouse Avenue,
Bozeman K4ontano5S715. its successors orassignees, a perpsdua|, full and unrestricted easement and
right-of-way in, over, under, m|nnQ. through, and across the follow!ng'deocrbed tract of land located in
Gallatin County, Montana.
Apub|in use easement tnthe City ofBozeman, on Tract 3A'1 of Certificate ofSurvey No. 2202B, a
pmnne| of land being Tract 3Amnd a portion wf Tract 4A of Certificate of Gurvey2202A. located in the
NEI/4 of Section 3, Township 2South. Range 5 East, P.yN.yN.. City of Bozeman, GnUoUn County.
K8ontana;A public use easement more particularly described ea follows and as shown on Exhibit A;
Beginning at the Southeast corner nfthe easement herein described, being o point on the North right-
of-way of West Oak Street and West right-of-way of Davis Lane, from which point the East quarter
corner of Section 3, T28, R5E. P.N1.yN.. bears S46^ 14` 47" E. 85.22 food, said point of beginning;
Thence, from said point of beginning, N 89^ 59' 52" VV. 2.529.62 feet along the North right-of-way of
West Oak Street to the East right-of-way of North Ferguson Avenue; Thence, N 01* 05'38" E, 241.44
feet along the East right-of-woyof North Ferguson Avenue; Thenue, G 88^ 54' 22^ E. 42.86 feet;
Thence, S 00° 00' 08"VV. 145.44feed; Thence, G 880 54'22" E. 47.G3faet Thenoo, G 00, 00' U@"VV.
WO.23 feet; Thence S 89^ 58' 52" E. 828.24fent; Thwnne, N 00^ UU' 08" E. 75.0O feet; Thence, 8 89^
58' 52" E. 249.02fosd; Thencm, S UO" 00' 0EY' VV. 75.00feet; Thenon, S 89" 50' 52^ E. 028.06 feet;
Thence, N G&" 54' 55" E. 145.58foot Thenoe, 8 890 59' 52" E, 587.01 feet; Thence a|ong u curve to
the LEFT' having o radius of04.00 feet' u delta angle of 18^ 49' 58'', and whose long chord boona N
10" 50' 66' E. 20.04feat; Thenno, N 01^ 25' 57^ E. 48.48foet; Thenoe, S8B^ 27' 62" E' 1.D0 feet to
the West hgh\-of-wayof Davis Lane; Thence, 8O1"25' 57" VV. 123.U5 feet along the West right-of-
way of Davis Lana to the North right-of-way of West Oak Street to the point of beg|nn|ng, and
containing 70`055 aqft., more urless and mashown on Exhibit A.
All improvements are the property of the CITY OF BOZEMAN, removable at its option. The failure ofthe
GRANTEE to exercise any of its rights granted herein shall not be construed as a waiver or abandonment
of the right.
CITY opooZsMxw PROJECT NAME:OAK STREET ROADWAY IMPROVEMENTS Parcel 4-1
' pRnJscrw:4535.11*02.09 Page 1mu
The above-named Grantor hereby covenants with the CITY OF BOZEMAN that said Grantor has good
title to the above-described tract of land and covenants that the CITY OF BOZEMAN shall have quiet and
peaceable possession thereof; and shall have a free and unrestricted right to maintain said facilities as
long as the right-of-way of which this easement area is a part, remains a public way.
GALLATIN COUNTY
Name:
Title:
ACKNOWLEDGMENT OF GRANTOR(S)
STATE OF )
) ss
County of )
On this day of 20_, before me, the undersigned, a Notary Public in and for
the said State, personally appeared the Grantor, known to me to be
of Gallatin County, a political
subdivision of the State of Montana, and the person whose name is subscribed to the within
instrument, who acknowledged to me that the person executed the same as the free and voluntary act of
said grantor, with full authority to do so and with full knowledge of its contents, for the uses and purposes
therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year
above written.
Notary Public in and for the State of
My Commission Expires:
CITY OF BOZEMAN PROJECT NAME:OAK STREET ROADWAY IMPROVEMENTS Parcel 4-1
PROJECT#:4535.11402.09 Page 2 of 4
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the CITY OF BOZEMAN, a Municipal Corporation of the State of Montana,
Grantee herein, acting by and through its City Manager and City Clerk for the City of Bozeman, hereby
accepts for public purposes, the real property, or interest therein, described in this instrument and
consents to the recordation thereof:
CITY OF BOZEMAN
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Date:
By: Chris Kukulski
City Manager
ATTEST:
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By: Robin Crough
City Clerk
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STATE OF MONTANA )
)ss.
County of Gallatin )
The foregoing instrument was acknowledged before me this day of
20_ by Chris Kukulski and Robin Crough, known to me to be the City Manager and City Clerk for the
City of Bozeman and the persons whose names are subscribed to this 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 official seal this day and year
above written.
Notary Public in and for the State of Montana
My Commission Expires:
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CITY OF BOZEMAN PROJECT NAME:OAK STREET ROADWAY IMPROVEMENTS Parcel 4-1 }
PROJECT#:4535.11402.09 Page 3 of 4
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N.FERGUSON
7- qVE.T--
Current Owner: TRACT 3A-1 OF
Gallatin County
y9l / / / / / / 311 West Main St. C.O.S.2202B
/PARCEL 4 1 Pl1E / Bozeman,MT 59715 SEC.3,T2S,R5E
iNEW PUBLIC USE /
EASEMENT
/ EXISTING ROAD / L1 N 89°59'52"W,2,529.62 FEET
RIGHT-OF-WAY / L2 N 01°05'38"E,241.44 FEET
EXISTING L3 S 88°54'22"E.42.86 FEET
V/ / PROPERTY / / / L4 S 00°00'08"W,145.44 FEET
/ LINE L5 S 88°54'22"E,47.63 FEET
L6 S 00°00'08"W,90.23 FEET
L7 S 89°59'52"E,828.24 FEET
L8 N 00°00'08"E,75.00 FEET
L9 S 89°59'52"E,249.92 FEET
/PARCEL 41 PUE / L10 S 00°00'08"W,75.00 FEET
g ,NEW PUBLIC USE L11 S 89°59'52"E,628.96 FEET
/ EASEMENT L12 N 69°54'55"E,145.58 FEET
L13 S 89°59'52"E,587.61 FEET
R1 R= 64.00 FEET,A=18°49'58",
LC=N 10°50'56"E,20.94 FEET
L14 N 01°25'57"E,48.48 FEET
/ / / / L15 S 88°27'52"E,1.00 FEET
L16 S 01°25'57"W,123.05 FEET
A public use easement to the City of Bozeman, on
r/ / / / / / / Tract 3A-1 of Certificate of Survey No. 2202B, a
parcel of land being Tract 3A and a portion of Tract
4A of Certificate of Survey 2202A, located in the
NE% of Section 3,Township 2 South, Range 5 East,
P.M.M., City of Bozeman, Gallatin County, Montana;
A public use easement more particularly described as
follows;
/ /PARCEL 4-1 PUE Beginning at the Southeast corner of the easement
/ NEW PUBLIC USE herein described, being a point on the North
f / / EASEMENT / right-of-way of West Oak Street and West
right-of-way of Davis Lane,from which point the East
quarter corner of Section 3,T2S, R5E,P.M.M., bears
S 45° 14' 47" E. 85.22 feet, said point of beginning;
Thence, from said point of beginning, N 89° 59' 52"
W,2,529.62 feet along the North right-of-way of West
Oak Street to the East right-of-way of North Ferguson
Avenue; Thence, N 01* 05' 38" E,241.44 feet along
I/ .POB the East right-of-way of North Ferguson Avenue;
1 i /R14 / PEXISTING
ROPERTY Thence, S 88° 54' 22" E, 42.86 feet; Thence, S 00°
/ -LINE 00' 08" W. 145.44 feet; Thence, S 88° 54' 22" E,
47.63 feet; Thence, S 00° 00' 08" W, 90.23 feet;
9 DAVIS LN.(SB) Thence S 89° 59'52" E, 828.24 feet; Thence, N 00°
DAVIS LN.(NB) 00' 08" E, 75.00 feet; Thence, S 89° 59' 52" E,
249.92 feet; Thence, S 00° 00' 08" W, 75.00 feet;
Thence, S 89°59'52"E, 628.96 feet;Thence, N 69°
54' 55" E, 145.58 feet; Thence, S 89° 59' 52" E,
587.61 feet; Thence along a curve to the LEFT,
having a radius of 64.00 feet, a delta angle of 18°49'
BONA160 ° 160 '00 58", and whose long chord bears N 10° 50' 56" E,
u+FM 20.94 feet; Thence, N 010 25' 57" E, 48.48 feet;
R/W Legend Thence, S 88° 27' 52" E, 1.00 feet to the West
® Existing Road Right-of-Way right-of-way of Davis Lane; Thence, S 01°25' 57"W,
123.05 feet along the West right-of-way of Davis
New Public Use Easement Lane to the North right-of-way of West Oak Street to
Area Remaining the point of beginning, and containing 76,955 sgft.,
more or less.
Right of WayRe uired for Oak Street and PRWECT: 4524,1140202
Davis Lan Roadway Improvements DATE: 12 0iT
D O W L City of Bozeman,Montana EXHIBIT A
2MGW.DM eman.n.n+ou.uerns PARCEL 41
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