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HomeMy WebLinkAbout17- Public Use Easement - Gallatin County - Oak Street Roadway Improvements (Megabuild) 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 000 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: Don-a-0 F. SeiNt Title: Chair ATTEST: b4dvtU Date: MA V a g n i Z By: Charlotte Mills Title: Gallatin County Clerk ACKNOWLEDGMENT OF GRANTOR(S) STATE OF / / r ( ) ) ss County of ) On this I day of MOUA 20/7t, before me, the undersigned, a Notary Public in and for the said State, personally.appea d the Grantor, )mall F.Self�f , known to me to be 01- -—- nnnW 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. �pH Gqq SARAH GRACEY '�?` '' �'8`�; Notary Public Q" ooTARiq4'. :for the State of Montana Residing at: Notary Public in and fortfhe S ate f =; .SEAL.�Q; Bozeman, Montana My Commission Expires: -9�' •'.. My Commission Expires: - ,M� ` January 18,2021 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 Date: _/ 2 �� By: Dennis Taylor Interim City Manager ATTEST: By: Robin Crough ' City Clerk U • L r;t= — '_- z � f "TIN CO Co STATE OF MONTANA ) )ss. County of Gallatin ) The foregoing instrument was acknowledged before me this Zday of 20I�by Dennis Taylor and Robin Crough, known to me to be the Interim City Manager and C4 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. ALICIA KF.NNEDY Notary u l Pic in and for th S of Montana NOTARY PUBLIC for the My Commission Expire - ( zOl SEAL; STATE OF MONTANA ,2Q Residing at Bozeman,Montana 9 atPz ivy Commission Expires •`'`W.oF M° August 04,2019 CITY OF BOZEMAN PROJECT NAME:OAK STREET ROADWAY IMPROVEMENTS Parcel 4-1 PROJECT#:4535.11402.09 Page 3 of 4 N.FERGUSSON AVE. ri41 ' Current Owner: TRACT 3A-1 OF cn / / / Gallatin County C.O.S.2202B 9l / / / / / 311 West Main St. SEC.3,T2S,R5E / /PARCEL 4-1 PUE / Bozeman,MT 59715 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 L3 S 88°54'22"E.42.86 FEET / jEXISTING / / L4 S 00°00'08"W,145.44 FEET PROPERTY / / / 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 4-1 PUE / L10 S 00°00'08"W,75.00 FEET p / ,NEW PUBLIC USE L11 S 89°5 '52"E, . FEET EASEMENT L12 N 69°544 145 '55"E,145.58 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 ;r / / / / / L16 S 01°25'57"W, 123.05 FEET cn 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'/4 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 1 PUE Beginning at the Southeast corner of the easement / NEW PUBLIC USE herein described, being a point on the North t / / 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 I i Fw / / / / Oak Street to the East right-of-way of North Ferguson / POB / / / / Avenue; Thence, N 01'05'38" E, 241.44 feet along / the East right-of-way of North Ferguson Avenue; / R1 EXISTING Thence, S 88° 54' 22" E, 42.86 feet; Thence, S 00° 1 i /L14 / PROPERTY 00' 08" W, 145.44 feet; Thence, S 880 54' 22" E, LINE 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 000 00' 08" W, 75.00 feet; Thence, S 89° 59'52" E, 628.96 feet;Thence, N 69° QZ � 54' 55" E, 145.58 feet; Thence, S 890 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' 160 ° 150 J00 sc 58", and whose long chord bears N 10° 50' 56" E. uF FM 20.94 feet; Thence, N 01' 25' 57" E, 48.48 feet; R/W Legend Thence, S 880 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 Way Required for Oak Street and PRWECT: 4524.1 m Davis Lane Roadway Improvements D G W L City of Bozeman,Montana EXHIBIT A 2WD8dknD"° B� &k rsmia PARCEL41 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 sqft., 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 ATT,�S,T: W � / Date: MA v 99 9 n l 7 By: Charlotte Mills Title: Gallatin County Clerk& Recorder ACKNOWLEDGMENT OF GRANTOR(S) STATE OF MT- ) ) ss County of &"X�i ) On this day of 20L_?before me, the ndersigned, a Notary Public in and for the said State, pers n IIy app ed the Grantor, ��G,1 �ii^� ' known to me to be �i1Md.//�� 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 v ritt :H�� SARAH GRACEY ct<`� Notary Public :NOTARig4' :for the State of Montana „_ Residing at: Notary Public In and for e S at of cr}.SEAL.�Q; Bozeman, Montana Wgj My Commission Expires: My Commission Expires: January 18,2021 CITY OF BOZEMAN PROJECT NAME:OAK STREET ROADWAY IMPROVEMENTS Parcel 4-2 and 4-3 PROJECT#:4535.11402.09 Page 2 of 3 — PARCEL 4-2 N.F_ERGUSON AVE. L1 N 89°59'52"W,828.24 FEET %/ T7 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 P5RCNL 9359'52"W,587.61 FEET EXISTING ROAD / L6 S 69°54'55"W,145.58 FEET RIGHT-OF-WAY / L7 N 89°59'52"W,628.96 FEET L8 N 00°00'08"E,75.00 FEET r/ EXISTING / / L9 S 89°59'52"E,1,317.34 FEET PROPERTY j j L10 N 01°25'57"E,45.05 FEET L11 S 88°34'03"E,40.00 FEET / /PARCEL 4-2 TCE / L12 S 01°25'57"W,48.48 FEET 'NEW TEMPORARY / R1 R= 64.00 FEET,A=18°49'58", CONSTRUCTION / LC=S 10°50'56"W,20.94 FEET / EASEMENT PARCEL 4 2 POB / / 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'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.22028 / 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 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 / 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 / / sqft.,more or less. / Parcel 4-3 Beginning at the erein des Southeast corner cribed, being a po nton theNo tright-of-way h n h ofWe t I i PARCEL 44--3 OB / / 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 LINE Oak Street;Thence,from said point of beginning, S 69'54' l DAVIS LN 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: esz..,,ao:.oe Davis Lan Roadway Improvements °A E '` a D D W L City of Bozeman,Montana EXHIBIT A aaaoa.m,mun. e�"'•"en'"s°"° PARCEL 4-2&4-3 �- Page 3 of 3 oFBg2 ,,. PROJECT NAME: OAK STREET CITY OF BOZEMAN ROADWAY IMPROVEMENTS Engineering Division PROJECT#: 4535.11402.09 Public Works Department '< PARCEL#:4-1, 4-2, and 4-3 MEMORANDUM OF AGREEMENT MEMORANDUM OF AGREEMENT AGREEMENT has been reached this 0��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: 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 Amount of Payment GALLATIN COUNTY $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 Date: MAY 9• 2017 Name: Donald F. Seifert Title: Chair, Gallatin County Commission ATTEST: &'L� &-&) Date: MAV g, gn17 By: Charlotte Mills Title: Gallatin County Clerk & Recorder CITY OF BOZEMAN k�� l Date: By: Dennis Taylor Title: Interim City Manager ATTEST: Date: By: Robin Crov hl: Title: City Clerks `N 7.1�N C0 , 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 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 SENIOR CIVIL DEPUTY COUNTY ATTORNEY This Resolution was introduced by ERIN ARNOLD " _ 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 lst 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 TILE 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 MAY 2017. GALLATIN COUNTY BOARD OF COUNTY COMMISSIONERS Donald F. Seif Chair Attest: c� 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 S RESOLUTION NO. 2017- 0.54 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 SENIOR CIVIL DEPUTY COUNTY ATTORNEY This Resolution was introduced by ERIN ARNOLD ,moved by Commissioner WHITE ,and seconded by Commissioner RxTNNF.R The Resolution was adopted UNANTMOITSIX 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, Moot 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 I 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 MAY 2017. GALLATIN COUNTY BOARD OF COUNTY COI RSCMF. Seifert, h Attest: Charlotte Mills Gallatin County Clerk and Recorder 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