HomeMy WebLinkAbout17- Memorandum of Agreement - Gallatin County - Oak Street Roadway Improvements (Megabuild)-oFao,,
PROJECT NAME: OAK STREET
Taxes and Special Assessments, if any, delinquent from former years, and Taxes and Special
CITY OF BOZEMAN
ROADWAY IMPROVEMENTS
2.
Engineering Division
PROJECT #: 4535.11402.09
the real estate, and there are no promises, terms, conditions or obligations referring to the subject
Public Works Department
matter hereof, other than as contained herein.
3.
The Seller hereby agrees that the compensation herein provided to be paid includes full
PARCEL #: 4-1, 4-2, and 4-3
r'^ C°
MEMORANDUM OF AGREEMENT
liens and lessees, and any and all other legal and equitable interest that are or may be
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. 220213, 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:
Public Use Easement (Parcel 4-1):
Easement area: 76,955 (sqft.)
76,955 sqft. x $2.10/sqft. $ 161,606
Temporary Construction Easement (Parcel 4-2 and 4-3):
Easement area: 132,669 (sqft.)
$ 0
Total $ 161,606
Other Conditions:
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.
6.
Gallatin County reserves all rights, claims, and defenses that it might assert or raise with regard to
any Special Improvement District that the City of Bozeman may create for any improvements to Oak
Street or Ferguson Avenue. The City of Bozeman recognizes this reservation and agrees that, by
entering this Memorandum of Agreement and granting the Public Use Easement and the Temporary
Construction Easement to the City, Gallatin County does not waive, nor will it be estopped from
asserting, such rights, claims, or defenses.
CITY OF BOZEMAN PROJECT NAME: OAK STREET ROADWAY IMPROVEMENTS Parcel 4-1, 4-2, and 4-3
PROJECT#: 4535.11402.09 Page 1 of 2
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:
Seller
GALLATIN COUNTY
Amount of Pavment
161,606
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
Name: Donald F. Seifert
Title: Chair, Gallatin County Commission
&,"U� &A)
By: Charlotte Mills
Title: Gallatin County Clerk & Recorder
CITY OF BOZEMAN
k�t k -
By: Dennis Taylor
Title: Interim City Manager
ATTEST:
Date: MAY 9, 2017
Date: MAV g, gn17
Date:
Date: ( -3,
By: Robin Croii#h . �,
Title: City Clerks p <
. � ee 1l, e•�` .
f.1 N co ,
CITY OF BOZEMAN PROJECT NAME: OAK STREET ROADWAY IMPROVEMENTS Parcel 4-1, 4-2, and 4-3
PROJECT#: 4535.11402.09 Page 2 of 2
Return to:
DOWL
2090 Stadium Drive
Bozeman, MT 59715
PROJECT NAME: OAK STREET
CITY OF BOZEMAN ROADWAY IMPROVEMENTS
ti r.
Engineering Division
Public Works Department PROJECT#: 4535.11402.09
�7t{�_a__88 a�¢" PARCEL M4-1
PUBLIC USE EASEMENT
PUBLIC USE EASEMENT
THE GRANTOR(S), GALLATIN COUNTY, a political subdivision of the State of Montana, whose
address is 311 W. Main St., Suite 306, Bozeman, MT 59715, for and in consideration of One hundred
sixty-one thousand, six hundred six dollars and no cents ($161,606.00), and other valuable consideration,
in hand paid, conveys and warrants to the CITY OF BOZEMAN, a Municipal Corporation of the State
of Montana, with offices at 121 North Rouse Avenue, Bozeman Montana 59715, its successors or
assignees, a perpetual, full and unrestricted easement and right-of-way in, over, under, along, through,
and across the following -described tract of land located in Gallatin County, Montana:
A public use easement to the City of Bozeman, on 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 and as shown on Exhibit A;
Beginning at the Southeast corner of the easement herein described, being a 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, 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-wqy of North Ferguson Avenue; Thence, N 01 ° 05' 38" E, 241.44
feet along the East right-of-way of North Ferguson Avenue; Thence, S 88° 54' 22" E, 42.86 feet;
Thence, S 00° 00'08" W, 145.44 feet; Thence, S 880 54'22" E, 47.63 feet; Thence, S 000 00'08" W,
90.23 feet; Thence S 890 59' 52" E, 828.24 feet; Thence, N 00° 00' 08" E, 75.00 feet; Thence, S 890
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' 58", and whose long chord bears N
10° 50' 56" E, 20.94 feet; Thence, N 01 ° 25' 57" E, 48.48 feet; Thence, 'S 88 27' 52" E, 1.00 feet to
the West right-of-way of Davis Lane; Thence, S 01°25' 57" W, 123.05 feet along the West right-of-
way of Davis Lane to the North right-of-way of West Oak Street to the point of beginning, and
containing 76,955 sqft., more or less and as shown on Exhibit A.
All improvements are the property of the CITY OF BOZEMAN, removable at its option. The failure of the
GRANTEE to exercise any of its rights granted herein shall not be construed as a waiver or abandonment
of the right.
CITY OF BOZEMAN PROJECT NAME: OAK STREET ROADWAY IMPROVEMENTS Parcel 4-1
PROJECT* 4535.11402.09 Page 1 of 4
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: Dona F. Sei � i �� .i
Title: Chair `
ATTEST:
6404tu ASO
By: Charlotte Mills
Title: Gallatin County Clerk
STATE OF / / r 1 )
) ss
County of )
Date: MAV 9 n 1 7
ACKNOWLEDGMENT OF GRANTOR(S)
On this � day of MQUA 2011 before me, the undersigned, a Notary Public in and for
the said State, personally.appe d the Grantor, �nondel P.SQi�Ar� known to me to be
CIn t r'mn - 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.
10"'�,
GSARAH GRACEY
qq
Notary Public
a : NpTAFirq�. :
for the State of Montana
*
SEAL.-',_.
Residing at:
Bozeman, Montana
My Commission Expires:
January 18, 2021
,P0 ffwIM
My Commission Expires: A"
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
r
By: Dennis Taylor
Interim City Manager
ATTEST: $ O Z
By: Robin Crough `
City Clerk U • L r.= �'= <
:•, _---
TIN Co' -'
STATE OF MONTANA )
)ss.
County of Gallatin )
Date:
The foregoing instrument was acknowledged before me this ZZh d y of 1j
20��by Dennis Taylor and Robin Crough, known to me to be the Interim City Manager and Cj* 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.
ALI KENNEDY Notary Pu lic in and for th State of Montana
,.••°\G\PKE;N'
o�=s
NOTARY PUBLIC for the My Commission Expiiie '
SEAL ;
STATE OF MONTANA
,2Q Residing
at Bozeman, Montana
9 atPz
`'w
M°.•'
ivy Commission Expires
,F
August 04, 2019
CITY OF BOZEMAN PROJECT NAME: OAK STREET ROADWAY IMPROVEMENTS Parcel 4-1
PROJECT#: 4535.11402.09 Page 3 of 4
/ /PARCEL 4-1 P U E /
7NEW PUBLIC USE /
EASEMENT
EXISTING ROAD/
RIGHT-OF-WAY
EXISTING
/PROPERTY/
LINE
/PARCEL 4-1 P E /
X8 /NEW PUBLIC USE
/ EASEMENT
01,71
PARCEL 4-1 PUE
/ NEW PUBLIC USE
EASEMENT
SEMENT /
9////--
/EXISTING
PROPERTY/
LSE
// / /
Current Owner: TRACT 3A-1 OF
Gallatin County C.O.S. 2202B
311 West Main St. SEC. 3, T2S, R5E
Bozeman, MT 59715
L1
N 89° 59' 52" W, 2,529.62 FEET
L2
N 01 ° 05' 38" E, 241.44 FEET
L3
S 88' 54'22" E, 42.86 FEET
L4
S 00° 00' 08" W, 145.44 FEET
L5
S 88° 54'2211 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
L10
S 00° 00' 08" W, 75.00 FEET
1-11
S 89° 59' 52" E, 628.96 FEET
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",
D p W L
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
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;
Beginning at the Southeast corner of the easement
herein described, being a 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, 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
the East right-of-way of North Ferguson Avenue;
Thence, S 88' 54' 22" E, 42.86 feet; Thence, S 00°
00' 08" W, 145.44 feet; Thence, S 88' 54' 22" E,
47.63 feet; Thence, S 00° 00' 08" W, 90.23 feet;
Thence S 89' 59' 52" E, 828.24 feet; Thence, N 00°.
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°
4NOZ '
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'
1°0 ° 150
J00 58", and whose long chord bears N 10' 50' 56" E,
58",
SC IN FM
feet; Thence, N 01* 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
Q Area Remaining
the point of beginning, and containing 76,955 sqft.,
more or less.
Right of WayRequired for Oak Street and
Davis Lae Roadway Improvements
a"wecr: 4524.11 9
- 1x`01
EXHIBIT A
D p W L
City of Bozeman, Montana
'°°°°'°""m"° ems""."'°" 5QLi5PARCEL
41
Page 4 of 4
Return to:
DOWL
2090 Stadium Drive
Bozeman, MT 59715
PROJECT NAME: OAK STREET
CITY OF BOZEMAN ROADWAY IMPROVEMENTS
Engineering Division
PROJECT #: 4535.11402.09
p exr Public Works Department
PARCEL #: 4-2 AND 4-3
TEMPORARY CONSTRUCTION
EASEMENTS
TEMPORARY CONSTRUCTION EASEMENTS
THE GRANTOR(S), GALLATIN COUNTY, a political subdivision of the State of Montana, whose
address is 311 W. Main St., Suite 306, Bozeman, MT 59715, as owner of the property described below,
and its/their successors and assigns for good and valuable consideration, conveys and warrants to the CITY
OF BOZEMAN, a Municipal Corporation of the State of Montana, with offices at 121 North Rouse
Avenue, Bozeman Montana 59715, Grantee and to its successors and assignees, an unrestricted
Temporary Construction Easements, over, and across the following described real estate:
Temporary construction easements to the City of Bozeman, on 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. Said temporary construction easements are depicted on Exhibit A attached hereto
and more particularly described as:
Parcel 4-2
Beginning at the Southeast corner of the easement herein described, being a 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 S 87° 47' 56" E, 1,668.05 feet, said point of beginning; Thence, 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 00° 00' 08" E, 75.00 feet along the East right-of-way of North
Ferguson Avenue; Thence, S 89° 59' 52" E, 828.24 feet to the North right-of-way of West Oak Street;
Thence, S 00° 00' 08" W, 75.00 feet along the North right-of-way of West Oak Street to the point of
beginning, and containing 62,118 sgft„ 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-way of West Oak Street and the West right-of-way of Davis Lane, from which point the East quarter
corner of Section 3, T2S, R5E, P.M.M., bears S 29° 09' 19" E, 130.54 feet, said point of beginning;
Thence, from said point of beginning, N 89° 59' 52" W, 587.61 feet along the North right-of-way of
West Oak Street; Thence, from said point of beginning, S 69° 54' 55" W, 145.58 feet along the North
right-of-way of West Oak Street; Thence, from said point of beginning, N 89 59' 52" W, 628.96 feet
along the North right-of-way of West Oak Street; Thence, from said,point of beginning, N 00° 00' 08"
E, 75.00 feet along the North right-of-way of West Oak Street; Thence, S 89° 59'52" E, 1,317.34 feet;
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
CITY OF BOZEMAN PROJECT NAME: OAK STREET ROADWAY IMPROVEMENTS Parcel 4-2 and 4-3
PROJECT* 4535.11402.09 Page 1 of 4
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 easement is 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: Donald F. Seifert
Title: Chair, Gallatin County Commission
ATTEST:
A44 ,(�LD Date: MAV 91 9 n i 7
By: Charlotte Mills
Title: Gallatin County Clerk & Recorder
ACKNOWLEDGMENT OF GRANTOR(S)
STATE OF M / )
) ss
County of&Au.h
On this =day of 20L_?before me, the ndersigned, a Notary Public in and for
the said State, pers n lly appda ed the Grantor, d�G(�ihf" known to me to be
�
ir WXYA&*\! 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
above
trctur. I nave nereunto sei
rittgn: H �Rl SARAH GRACEY
'j"
Notary Public
: NOTARiq4. :for
the State of Montana
cg;.SE, AL.�e;
Residing at:
Bozeman, Montana
.....
My Commission Expires:
January 18, 2021
my hand and affixed my official seal this day and year
Notary Public In and for e S at of
My Commission Expires:
CITY OF BOZEMAN PROJECT NAME: OAK STREET ROADWAY IMPROVEMENTS Parcel 4-2 and 4-3
PROJECT#: 4535.11402.09 Page 2 of 3
EXISTING ROAD/ '
7-7'RI GH T -OF -WAY /
:a / EXISTING
,,-� PROPERTY
/ /LINE
/ PARCEL 4-2 TCE
'NEW TEMPORARY /
�— CONSTRUCTION /
/ EASEMENT
PARCEL 4-2
L1 N 89° 59' 52" W, 828.24 FEET
L2 N 00° 00'08" E, 75.00 FEET
L3 S 89' 59'52" E, 828.24 FEET
L4 S 00' 00'08" W, 75.00 FEET
PARCEL 4-3
L5
N 89° 59' 52" W, 587.61 FEET
L6
S 69° 54' 55" W, 145.58 FEET
L7
N 89° 59'52" W, 628.96 FEET
L8
N 00° 00' 08" E, 75.00 FEET
L9
S 89° 59' 52" E, 1,317.34 FEET
L10
N 01° 25' 57" E, 45.05 FEET
L11
S 88° 34'03" E, 40.00 FEET
L12
S 01 ° 25' 57" W, 48.48 FEET
R1
R = 64.00 FEET, A= 18° 49'58",
LC = S 10° 50'56" W, 20.94 FEET
PARCEL 4-2 POB / / Temporary construction easements to the City of Bozeman,
on Tract 3A-1 of Certificate of Survey No. 2202B, a parcel
b / / / / / / / of land being Tract 3A and a portion of Tract 4A of
Certificate of Survey 2202A, located in the NE'Y4 of Section
3, Township 2 South, Range 5 East, P.M.M., City of
/ /Current Owner: Bozeman, Gallatin County, Montana; Said temporary
0 / Gallatin County / construction easements are more particularly described as
y 311 West Main St. follows;
% Bozeman, MT 59715
Parcel 4-2
/ /TRACT 3A-9 OF / Beginning at the Southeast corner of the easement herein
C.O.S. 2202B / described, being a point on the North right-of-way of West
/ "SEC. 3, T2S, R5E / Oak Street, from which point the East quarter corner of
Section 3, T2S, R5E, P.M.M., bears S 870 47' 56" E,
1,668.05 feet, said point of beginning; Thence, 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
/ PARCEL 4-3 TCE right-of-way of North Ferguson Avenue; Thence, N 00° 00'
NEW TEMPORARY 08" E, 75.00 feet along the East right-of-way of North
/EASEMENT CONSTRUCTION Ferguson Avenue; Thence, S 89' 59' 52" E, 828.24 feet to
the North right-of-way of West Oak Street; Thence, S 00°
00' 08" W, 75.00 feet along the North right-of-way of West
`O/ Oak Street to the point of beginning, and containing 62,118
/ / sgft., more or less.
/ Parcel 4-3
descinning at the erein
Southeast corner
ribed, being a po nton theright-of-way
North nh
ofWet
I i PARCEL 4POB B / / Oak Street and the West right of -way of Davis Lane, from
which point the East quarter corner of Section 3, T2S, R5E,
P.M.M., bears S 29' 09' 19" E, 130.54 feet, said point of
EXISTING beginning; Thence, from said point of beginning, N 89' 59'
1/ PROPERTY 52" W, 587.61 feet along the North right-of-way of West
INE
Oak Street; Thence, from said point of beginning, S 69° 54'
l DAVISLN SB) 55" W, 145.58 feet along the North right-of-way of West
DAVIS LN. (NB) Oak Street; Thence, from said point of beginning, N 89' 59'
52" W, 628.96 feet along the North right-of-way of West
R1 Oak Street; Thence, from said point of beginning, N 00° 00'
Qi �— 08" E, 75.00 feet along the North right-of-way of West Oak
Street; Thence, S 89° 59' 52" E, 1,317.34 feet; Thence, N
150 0 150 300 01' 25' 57" E, 45.05 feet; Thence, S 88' 34' 03" E, 40.00
sc� w � feet to the West right-of-way of Davis Lane; Thence, S 01'
R/W Legend 25' 57" W, 48.48 feet along the West right-of-way of Davis
® Existing Road Right -of -Way 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
New Temporary Construction chord bears S 10° 50' 56" W, 20.94 feet along the West
Easement right-of-way of Davis Lane to the North right-of-way of West
0 Area Remaining Oak Street and to the point of beginning, and containing
70,551 sqft., more or less.
Rigght of WayRequired for Oak Street and vaaeCr: 4624.1102.NDavis LanRoadway Improvements °A E ' ` '7
D D W L City of Bozeman, Montana EXHIBIT A
PARCEL 4-2 & 4-3
�- Page 3 of 3
RESOLUTION NO. 2017- 053
A RESOLUTION DECLARING THE CONVERSION OF CERTAIN OPEN -SPACE
LAND AT THE GALLATIN COUNTY REGIONAL PARK FOR USE AS A
PERMANENT PUBLIC USE EASEMENT AND TEMPORARY CONSTRUCTION
EASEMENT BY THE CITY OF BOZEMAN
OPEN LANDS COORDINATOR
This Resolution was introduced by MIKE HARRIS moved by Commissioner
SKINNER , and seconded by Commissioner WHITE The
Resolution was adopted UNANIMOUSLY
WHEREAS, Gallatin County, Montana ("County") owns the Gallatin County Regional
Park ("Regional Park"), comprised of approximately 100 acres of real property and used for
public park and recreational purposes;
WHEREAS, the Regional Park is generally located in Section 3, Township 2 South,
Range 5 East, P.M.M., in the City of Bozeman, Montana;
WHEREAS, the County has declared the Regional Park as "Open -Space Land" by
recording that certain Declaration of Protective Covenants on file with the Gallatin County Clerk
& Recorder as Document No. 2093367 (dated Jan. 6, 2003);
WHEREAS, the Declaration of Protective Covenants provides that the Regional Park
shall only be used as Open -space land in accordance with the Montana Open -Space Land and
Voluntary Conservation Easement Act, its purposes, findings and policy, unless amended in
accordance therewith;
WHEREAS, § 76-6-107, Montana Code Annotated (MCA) states:
Conversion or diversion of open -space land. (1) Open -space land, the title to or
interest or right in which has been acquired under this chapter, may not be
converted or diverted from open -space land use unless the conversion or diversion
is:
(a) necessary to the public interest;
(b) not in conflict with the program of comprehensive planning for the area;
and
(c) permitted by the conditions imposed at the time of the creation of the
conservation easement, in the terms of the acquisition agreement, or by
the governing body resolution.
(2) Other real property of at least equal fair market value and of as nearly as
feasible equivalent usefulness and location for use as open -space land must be
substituted within a reasonable period not exceeding 3 years for any real property
converted or diverted from open -space land use. Property substituted is subject to
the provisions of this chapter.
WHEREAS, the City of Bozeman (the "City") has requested to purchase from the County
A RESOLUTION DECLARING THE CONVERSION OF CERTAIN OPEN -SPACE LAND AT THE GALLATIN
COUNTY REGIONAL PARK FOR USE AS A PERMANENT PUBLIC USE EASEMENT AND TEMPORARY
CONSTRUCTION EASEMENT BY THE CITY OF BOZEMAN
Page 1 of 5
a permanent Public Use Easement and a Temporary Construction Easement (the "Easements")
along Oak Street at the Regional Park;
WHEREAS, the proposed Memorandum of Agreement providing for this transaction, the
Public Use Easement, and the Temporary Construction Easement, are all attached hereto and
incorporated herein by this reference;
WHEREAS, the purpose of the Easements it to provide the City area along the Regional
Park in which to complete improvements to Oak Street and Ferguson Avenue, including
construction of a traffic roundabout, 7 -foot wide boulevard, 10 -foot wide shared -use path, and
storm water ponds;
WHEREAS, the total area of the Public Use Easement to be permanently converted from
Open -space Land is approximately 76,955 square feet, and the total area of the Temporary
Construction Easement to be temporarily converted from Open -space Land is 132,669 square
feet, as more fully described in the Easements;
WHEREAS, the property that is the subject of the Public Use Easement is no longer
necessary for the conduct of County business or for use as Open -space Land;
WHEREAS, the property that is the subject of the Temporary Construction Easement
will be converted from Open -Space Land only temporarily during a two-year period as set forth
in the Easement, and this conversion is necessary to effectuate the Public Use Easement;
WHEREAS, the conversion of the Open -space Land is necessary to the public interest as
it allows for the improvement to Oak Street, a 5 -lane principal arterial roadway designated by the
City as a critical east -west connection for vehicles, bikes and pedestrians;
WHEREAS, the Public Use Easement allows the City to design a roundabout at the
intersection of Oak Street and Davis Lane, and the City has reported the benefits of a roundabout
to include less severe accidents due to reduced speed, no induced delay during non -peak traffic
hours, and the ability to provide needed future capacity;
WHEREAS, the conversion of Open -space Land complies with the program of
comprehensive planning for the area, as both Oak Street and Ferguson Avenue were identified in
and contemplated by the Greater Bozeman Area Transportation Plan (2007 Update), with respect
to the provision of transportation facilities in the City;
WHEREAS, the improvements to be completed within the Public Use Easement,
including the on -street bike lane, boulevard, and shared -use path, are recommended in the
Transportation plan, and the shared -use path also is consistent with the Bozeman Parks,
Recreation, Open Space and Trails Plan;
WHEREAS, the conversion of Open -space Land allows for the installation of stormwater
ponds within the Public Use Easement, which the City reports to be in compliance with its
stormwater design standards and its Municipal Separate Stormwater Facility Permit, required by
A RESOLUTION DECLARING THE CONVERSION OF CERTAIN OPEN -SPACE LAND AT THE GALLATIN
COUNTY REGIONAL PARK FOR USE AS A PERMANENT PUBLIC USE EASEMENT AND TEMPORARY
CONSTRUCTION EASEMENT BY THE CITY OF BOZEMAN
Page 2 of 5
the Montana Dept. of Environmental Quality to provide the required stormwater treatment, and
which allows for the attenuation of stormwater discharge to predevelopment flows;
WHEREAS, the proposed conversion of Open -space Land is permitted by the conditions
imposed at the time of its creation because the Declaration of Protective Covenants is
conditioned and qualified by application of the Open Space Land and Voluntary Conservation
Easement Act, which expressly allows for the conversion of Open -space Land under § 76-6-107,
MCA.
WHEREAS, on April 18, 2017, the Gallatin County Commission conducted a public
hearing, after notice, and approved a Resolution of Intent to Convert Certain Open -Space Land at
the Gallatin County Regional Park for Use as a Permanent Public Use Easement and Temporary
Construction Easement by the City;
WHEREAS, notice of the County's intent to convert Open -space Land for use as a
permanent Public Use Easement and Temporary Construction Easement by the City was
published in the Bozeman Daily Chronicle on April 23, 2017 and April 30, 2017, in accordance
with § 7-1-2121, MCA;
WHEREAS, the Gallatin County Commission held a public hearing on May 9, 2017, and
accepted public comment regarding the conversion of Open -space Land; and
WHEREAS, after considering such public comment, if any, the Gallatin County
Commission desires to convert that certain Open -space Land at the Gallatin County Regional
Park for use as a permanent Public Use Easement and Temporary Construction Easement by the
City.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. Gallatin County hereby declares that the following real property is permanently
converted from Open -Space Land pursuant to § 76-6-107, MCA of the Open Space Land
and Voluntary Conservation Easement Act:
a. Permanent Public Use Easement: A portion of the Gallatin County
Regional Park, legally described as 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'/a of Section 3, Township 2
South, Range 5 East, P.M.M., City of Bozeman, Gallatin County,
Montana; and more particularly described as follows:
Beginning at the Southeast corner of the easement herein described, being
a 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,
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
A RESOLUTION DECLARING THE CONVERSION OF CERTAIN OPEN -SPACE LAND AT THE GALLATIN
COUNTY REGIONAL PARK FOR USE AS A PERMANENT PUBLIC USE EASEMENT AND TEMPORARY
CONSTRUCTION EASEMENT BY THE CITY OF BOZEMAN
Page 3 of 5
right-of-way of North Ferguson Avenue; Thence, N 01° 05'38" E, 241.44
feet along the East right-of-way of North Ferguson Avenue; Thence, S 88°
54' 22" E, 42.86 feet; Thence, S 00° 00' 08" W, 145.44 feet; Thence, S 88°
54' 22" E, 47.63 feet; Thence, S 00° 00' 08" W, 90.23 feet; Thence S 89°
59' 52" E, 828.24 feet; Thence, N 00° 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' 58", and whose long chord
bears N 10° 50' 56" E, 20.94 feet; Thence, N 01' 25' 57" E, 48.48 feet;
Thence, S 88° 27' 52" E, 1.00 feet to the West right-of-way of Davis Lane;
Thence, S 01°25' 57" W, 123.05 feet along the West right-of-way of Davis
Lane to the North right-of-way of West Oak Street to the point of
beginning, and containing 76,955 square feet, more or less.
2. Gallatin County hereby declares that the following real property is temporarily converted
from Open -Space Land pursuant to § 76-6-107, MCA, and such conversion shall last
only during the period of time extending from the 1St day of construction on the real
property by the City or its authorized agents and ending two (2) years thereafter:
a. Temporary Construction Easement: A portion of the Gallatin County
Regional Park, legally described as 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'/4 of Section 3, Township 2
South, Range 5 East, P.M.M., City of Bozeman, Gallatin County,
Montana; and more particularly described as follows:
Parcel 4-2
Beginning at the Southeast corner of the easement herein described,
being a 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 S 87° 47' 56" E, 1,668.05 feet, said point of beginning; Thence,
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 00° 00'08" E, 75.00 feet along the
East right-of-way of North Ferguson Avenue; Thence, S 89° 59' 52" E,
828.24 feet to the North right-of-way of West Oak Street; Thence, S
00° 00' 08" W, 75.00 feet along the North right-of-way of West Oak
Street to the point of beginning, and containing 62,118 square feet,
more or less; and
Parcel 4-3
Beginning at the Southeast corner of the easement herein described,
being a point on the North right-of-way of West Oak Street and the
West right-of-way of Davis Lane, from which point the East quarter
corner of Section 3, T2S, R5E, P.M.M., bears S 29° 09' 19" E, 130.54
A RESOLUTION DECLARING THE CONVERSION OF CERTAIN OPEN -SPACE LAND AT THE GALLATIN
COUNTY REGIONAL PARK FOR USE AS A PERMANENT PUBLIC USE EASEMENT AND TEMPORARY
CONSTRUCTION EASEMENT BY THE CITY OF BOZEMAN
Page 4 of 5
feet, said point of beginning; Thence, from said point of beginning, N
89° 59' 52" W, 587.61 feet along the North right-of-way of West Oak
Street; Thence, from said point of beginning, S 69° 54'55" W, 145.58
feet along the North right-of-way of West Oak Street; Thence, from
said point of beginning, N 89° 59' 52" W, 628.96 feet along the North
right-of-way of West Oak Street; Thence, from said point of
beginning, N 00° 00' 08" E, 75.00 feet along the North right-of-way of
West Oak Street; Thence, S 89° 59' 52" E, 1,317.34 feet; 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 square
feet, more or less.
3. No later than May 9, 2020, and to the extent required by § 76-6-107(2), MCA, Gallatin
County shall substitute other real property of at least equal fair market value and of as
nearly as feasible equivalent usefulness and location as the real property subject to the
permanent Public Use Easement.
Dated this 9TH day of MAX 2017.
GALLATIN COUNTY BOARD OF COUNTY
COMMISSIONERS
Donald F. Seif Chair
Attest:
Charlotte Mills
Gallatin County Clerk and Recorder
A RESOLUTION DECLARING THE CONVERSION OF CERTAIN OPEN -SPACE LAND AT THE GALLATIN
COUNTY REGIONAL PARK FOR USE AS A PERMANENT PUBLIC USE EASEMENT AND TEMPORARY
CONSTRUCTION EASEMENT BY THE CITY OF BOZEMAN
Page 5 of 5
RESOLUTION NO. 2017-0_
A RESOLUTION AUTHORIZING THE SALE TO THE CITY OF BOZEMAN OF A
PUBLIC USE EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT AT
THE GALLATIN COUNTY REGIONAL PARK
OPEN LANDS COORDINATOR
This Resolution was introduced by MIKE HARRIS , moved by Commissioner
WHITE , and seconded by Commissioner SKINNER The
Resolution was adopted UNANIMOUSLY
WHEREAS, Gallatin County, Montana ("County") owns the Gallatin County Regional
Park ("Regional Park"), comprised of approximately 100 acres of real property and used for
public park and recreational purposes;
WHEREAS, the Regional Park is generally located in Section 3, Township 2 South,
Range 5 East, P.M.M., in the City of Bozeman, Montana;
WHEREAS, the City of Bozeman (the "City") has requested to purchase from the County
a permanent Public Use Easement and a Temporary Construction Easement (the "Easements")
along Oak Street at the Regional Park;
WHEREAS, the proposed Memorandum of Agreement providing for this transaction, the
Public Use Easement, and the Temporary Construction Easement, are all attached hereto and
incorporated herein by this reference;
WHEREAS, the purpose of the Easements it to provide the City area along the Regional
Park in which to complete improvements to Oak Street and Ferguson Avenue, including
construction of a traffic roundabout, 7 -foot wide boulevard, 10 -foot wide shared -use path, and
storm water ponds;
WHEREAS, the total area of the Public Use Easement is 76,955 square feet, and the City
has offered to purchase the easement for $2.10 per square foot, or for a total of $161,606;
WHEREAS, the County desires to sell both Easements to the City of Bozeman for the
total of $161,606, which represents the reasonable fair market value of the permanent Public Use
Easement;
WHEREAS, § 7-8-101, Montana Code Annotated (MCA) authorizes the sale of county
property, however held or acquired, to any city, town or political subdivision when such property
is no longer necessary for the conduct of county business;
WHEREAS, § 7-8-101, MCA authorizes such sale after first passing a resolution of
intent and upon giving notice of such intent by publication as provided in § 7-1-2121, MCA;
WHEREAS, the City is a self-governing municipal corperation organized and existing
under its Charter and the laws of the State of Montana, and it therefore is authorized to accept
A RESOLUTION AUTHORIZING THE SALE TO THE CITY OF BOZEMAN OF A PUBLIC USE EASEMENT
AND TEMPORARY CONSTRUCTION EASEMENT AT THE GALLATIN COUNTY REGIONAL PARK
Page 1 of 2
county property pursuant to § 7-8-101, MCA;
WHEREAS, the property that is the subject of the Public Use Easement is no longer
necessary for the conduct of County business and it has been classified for Disposal;
WHEREAS, the property that is the subject of the Temporary Construction Easement
will be used only for a two-year period, and this easement is necessary to effectuate the City's
use of the Public Use Easement;
WHEREAS, on April 18, 2017, the Gallatin County Commission conducted a public
hearing, after notice, and approved a Resolution of Intention to Sell to the City of Bozeman a
Public Use Easement and Temporary Construction Easement at the Gallatin County Regional
Park;
WHEREAS, notice of the County's intent to sell to the City of Bozeman the Public Use
Easement and Temporary Construction Easement was published in the Bozeman Daily Chronicle
on April 23, 2017 and April 30, 2017, in accordance with § 7-1-2121, MCA;
WHEREAS, the Gallatin County Commission held a public hearing on May 9, 2017, and
accepted public comment regarding the proposed sale of the Easements; and
WHEREAS, after considering such public comment, if any, the Gallatin County
Commission desires to proceed with the Easement sale to the City.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The County hereby agrees to sell to the City of Bozeman the Public Use Easement
and Temporary Construction Easement for $161,606.
2. The Chair of the County Commission shall execute the attached Memorandum of
Agreement, Public Use Easement, and Temporary Construction Easement.
Dated this 9TH day of
Attest:
Charlotte Mills
Gallatin County Clerk and Recorder
MAY 2017.
GALLATIN COUNTY BOARD OF COUNTY
ZDona
I RS
Seifert, Ch
A RESOLUTION AUTHORIZING THE SALE TO THE CITY OF BOZEMAN OF A PUBLIC USE EASEMENT
AND TEMPORARY CONSTRUCTION EASEMENT AT THE GALLATIN COUNTY REGIONAL PARK
Page 2 of 2