HomeMy WebLinkAbout11-06-17 City Commission Packet Materials - C5. Easements and Agreement with FPR Properties for Path to the M
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Carolyn Poissant – Manager of Trails, Open Space and Parks
Design and Development Mitch Overton – Director of Parks, Recreation and Cemetery SUBJECT: Easement Agreement for Parcels 025A and 025B - Path to the M Trails, Open Space, and Parks Project
MEETING DATE: November 6, 2017
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Approve the Memorandum of Agreement, Public Use Easement, Temporary Construction Easement, Waiver Valuation, and closing documents for acquisition of an easement to facilitate construction of improvements associated with the “Path to the M” using
previously allocated funding from the 2012 Parks, Trails, and Open Space bond fund and authorize the City Manager to sign the appropriate documents.
BACKGROUND: Resolution 4484 approved the allocation of Trails, Open Space and Parks
(TOP) bond funding up to an amount of $600,000 for the design and construction of the “Bicycle
and Pedestrian Pathway to the M and Drinking Horse Mountain” project, which serves as match
for a Federal Lands Access Program grant funded by the Western Federal Lands division of the
Federal Highway Administration (FHWA). Additional funding in the amount of $75,000 was
approved via Resolution 4757 to cover the match for an additional $975,000 in federal funding.
The Project Agreement includes a budget of $140,000 for the acquisition of rights-of-way and
utility relocations for construction of the multi-use path. This is the final (third) easement
agreement to be secured out of five that were sought. The easement agreement also includes
provisions for replacement of a fence on the property, which is covered in the project budget.
Land Owner
Parcel
Number
Estimated utility,
fencing &
landscaping costs
Actual
closing
costs
Cameron Holt 024a $8000 $9,236
FPR Properties 025a, 025b $60,000 $22,477
James and Janet Simmons 027a $8000 $29,986
Crayton & Lyman Creek $5,000 ---
Subtotal $81,000 $61,699
Combined total $142,699
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The total Path to the M project budget is $4.955 million, summarized below:
Item Estimates Comments
ROW & utility relocations $140,000 Estimated
Permits $40,000 Estimated
NEPA $20,000 Completed
Preliminary Engineering $620,000 Completed
Construction $3,825,000 Estimated completion mid-2019
Construction Engineer $280,000 Hired by FHWA
Contingency $30,000 Per FHWA
Total Project Budget $4,955,000 TOP plus FLAP grant
A Waiver Valuation dated 8/11/2017 for Parcels 025A and 025B (Attachment D) lists the value
of the subject easement as $18,650.00. The sales contract price is $22,150.00 ($18,650.00 plus
$3,500.00 for the seller’s legal fees), plus $285.00 title company closing costs, for a total of
$24,477.00 (Attachments F and G). The estimated cost of the replacement fencing is $56,000.
UNRESOLVED ISSUES: This is the final easement to be obtained of the five originally sought. We have revised the path alignment slightly to utilize state highway right-of-way and are awaiting a draft of the encroachment and maintenance agreement from the Montana Department of Transportation.
ALTERNATIVES: Per Commission.
FISCAL EFFECTS: Funding for the entire project was previously approved and allocated from the 2012 Trails, Open Space, and Parks bond by Commission. There is no additional expense associated with this agreement. ATTACHMENTS: Attachment A – Memorandum of Agreement
Attachment B – Public Use Easement Attachment C – Temporary Construction Easement Attachment D – Waiver Valuation Attachment E – Buyer’s Instructions
Attachment F – Seller’s Instructions
Attachment G – Closing Statements Attachment H – Preliminary Title Report
Report compiled on: October 20, 2017
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Montana Title & Escrow, Inc.
Policy Issuing Agent for Westcor Land Title Insurance Company
Commitment for Title Insurance
Issued by
Westcor Land Title Insurance Company
subject to conditions and
stipulations as set forth herein
Thank you for choosing
Montana Title & Escrow, Inc.
As Your Title Company
Contact Information:
1925 N. 22nd Avenue
Suite 102
Bozeman, MT 59718
Phone:(406) 587-7702
Fax:(406) 587-2891
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Montana Title & Escrow, Inc.
Policy Issuing Agent for Westcor Land Title Insurance Company
Montana Title & Escrow, Inc.
COMMITMENT
Commitment Issued By:
Order Number: M-17226
Montana Title & Escrow, Inc.
1925 N. 22nd Avenue, Suite 102
Suite 102
Bozeman, MT 59718
Escrow Officer:Candace Elser
Phone:(406)587-7702
Fax:(406)587-2891
Escrow Officer Email:celser@montanatitle.com
Email Loan Docs To:7001edocs@montanatitle.com
Customer Reference:PARCEL 100PARCEL100
Property Address:181 Brass Lantern Court, Bozeman, MT 59715
Dated as of September 28, 2015
Title Officer:Brian Mills
Title Officer Email:bmills@montanatitle.com
EXPLANATION OF CHARGES
2006 ALTA Standard Owners Policy $225.00
$0.00
Total Estimated Charges: $510.00
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Montana Title & Escrow, Inc.
Policy Issuing Agent for Westcor Land Title Insurance Company
In an effort to assure that your transaction goes smoothly, please review the following
checklist and contact your escrow officer or title officer if you answer "Yes" to any of the
following questions:
●●Will you be using a Power of Attorney?
●●Are any of the parties in title incapacitated or deceased?
●●Has a change in marital status occurred for any of the
Principals?
●●Will the property be transferred into a trust, partnership,
corporation or limited liability company?
●●Has there been any construction on the property in the last
6 months?
Remember, all parties signing documents must have a driver's license or other valid
photo ID. It is recommended that all documents be signed in blue ink.
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Order No:M-17226
Montana Title & Escrow, Inc.
Policy Issuing Agent for Westcor Land Title Insurance Company
COMMITMENT FOR TITLE INSURANCE
Issued by ________________________________________________________________________________________
Westcor Land Title Insurance Company, a California corporation (“Company”), for a valuable consideration, commits to
issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in
Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon
payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules
A and B and to the Conditions of this Commitment.
This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or
policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this
Commitment shall cease and terminate 180 days after the Effective Date or when the policy or policies committed for
shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company.
The Company will provide a sample of the policy form upon request.
This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory.
IN WITNESS WHEREOF, Westcor Land Title Insurance Company has caused its corporate name and seal to be affixed by
its duly authorized officers on the date shown in Schedule A.
Issued By:
Montana Title & Escrow, Inc.
1925 N. 22nd Avenue
Bozeman, MT 59718
Agent ID: MT1000
__________________________________
Authorized Countersignature
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Montana Title & Escrow, Inc.
Policy Issuing Agent for Westcor Land Title Insurance Company
CONDITIONS
1.The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.
2.If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or
other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than
those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the
Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to
the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall
disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any
such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend
Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from
liability previously incurred pursuant to paragraph 3 of these Conditions.
3.Liability of the Company under this Commitment shall be only to the named proposed Insured and such
parties included under the definition of Insured in the form of policy or policies committed for and only for
actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements
hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest
or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated
in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions
and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of
the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment
except as expressly modified herein.
4.This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a
report of the condition of title. Any action or actions or rights of action that the proposed Insured may have
or may bring against the Company arising out of the status of the title to the estate or interest or the status
of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of
this Commitment.
5.The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance
is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive
remedy of the parties. You may review a copy of the arbitration rules at <http://www.alta.org/>.
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Order No.: M-17226
Montana Title & Escrow, Inc.
Policy Issuing Agent for Westcor Land Title Insurance Company
VERSION 2
COMMITMENT - SCHEDULE A
1.Effective Date:August 3, 2017 at 7:30AM
2.Policy or Policies to be Issued:
2006 ALTA Standard Owners Policy
Proposed Insured:Liability:Premium:
CITY OF BOZEMAN $22,150.00 $225.00
Proposed Insured:Liability:Premium:
Dowl Hkm $0.00
3.The interest in the land described or referred to in this Commitment and covered herein is:
Fee Simple
4.Title to the estate or interest covered herein is at the effective date hereof vested in:
FPR PROPERTIES, LLC
5.The land referred to in this Commitment is described as follows:
See Exhibit "A" Attached For Legal Description
Inquiries should be directed to:
Montana Title & Escrow, Inc.
1925 N. 22nd Avenue
Suite 102
Bozeman, MT 59718
Escrow Officer:Candace Elser
Title Officer:Brian Mills
Phone:(406) 587-7702
Fax:(406) 587-2891
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Order No.: M-17226
Montana Title & Escrow, Inc.
Policy Issuing Agent for Westcor Land Title Insurance Company
Exhibit “A”
Legal Description
Parcel 025A
Beginning at the southwest corner of the easement herein described, being a point on the north right-of-way of
Bridger Canyon Road, being a 1.5 inch aluminum cap road right-of-way monument marked 5653ES, said point of
beginning; Thence, from said point of beginning, N 11° 26’ 04" W, 7.84 feet along the west line of said tract; Thence,
N 83° 29’ 32" E, 290.85 feet; Thence, S 88° 12’ 18" E, 387.05 feet; Thence, S 88° 47’ 34" E, 165.44 feet; Thence, S
52° 47’ 05" E, 53.36 feet to the north right-of-way of Bridger Canyon Road; Thence, N 88° 18’ 07" W, 59.85 feet
along the north right-of-way of Bridger Canyon Road; Thence, S 1° 28’ 19" W, 20.13 feet along the north right-of-
way of Bridger Canyon Road; Thence, N 88° 13’ 04" W, 822.24 feet along the north right-of-way of Bridger Canyon
Road to the point of beginning.
Parcel 025B
Beginning at the southeast corner of the easement herein described, being a point on the north right-of-way of
Bridger Canyon Road, being a 1.5 inch aluminum cap road right-of-way monument, said point of beginning; Thence,
from said point of beginning, N 88° 18’ 07" W, 41.95 feet along the north right-of-way of Bridger Canyon Road;
Thence, N 76° 37’ 37" E, 45.45 feet to the west line of said tract; Thence, S 11° 00’ 18" W, 11.98 feet along the west
line of said tract to the north right-of-way of Bridger Canyon Road to the point of beginning.
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Order No.: M-17226
Montana Title & Escrow, Inc.
Policy Issuing Agent for Westcor Land Title Insurance Company
SCHEDULE B - Part I
REQUIREMENTS
The following requirements must be met and completed to the satisfaction of the Company before its Policy of Title
Insurance will be issued:
1.Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and
duly filed for record.
2. TO REMOVE EXCEPTION NO(S). 10 OF SCHEDULE B-SECTION II SPECIAL EXCEPTIONS HEREOF, THE COMPANY
REQUIRES PAYMENT, SATISFACTION, CANCELLATION, RELEASE OR OTHER DISPOSITION OF SAID MORTGAGE.
THIS COMPANY WILL REQUIRE A COPY OF THE ARTICLES OF ORGANIZATION AND A COPY OF THE OPERATING
AGREEMENT BE SUBMITTED FOR REVIEW PRIOR TO CLOSING.
3. THE REQUIREMENT THAT EVIDENCE, SATISFACTORY TO THE COMPANY BE SUBMITTED THAT THE VESTEE
CORPORATION NAMED HEREIN:
(A) WAS DULY INCORPORATED; AND
(B) IS NOW OF GOOD STANDING AND AUTHORIZED TO DO BUSINESS IN THE STATE OR COUNTY WHERE THE
SAID CORPORATION WAS FORMED.
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Order No.: M-17226
Montana Title & Escrow, Inc.
Policy Issuing Agent for Westcor Land Title Insurance Company
SCHEDULE B - Part II
STANDARD EXCEPTIONS
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same
are disposed of to the satisfaction of the Company:
A.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the Effective Date but prior to the date the proposed Insured
acquires for value of record the estate or interest or mortgage thereon covered by this Commitment.
B.STANDARD EXCEPTIONS
(1)Rights or claims of parties in possession not shown by the Public Records.
(2)Easements or claims of easements not shown by the Public Records.
(3)Discrepancies, conflicts in boundary lines, encroachment, overlaps, variations or shortages in area or
content, party walls and any other matters that would be disclosed by a correct survey and/or physical
inspection of the Land
(4)Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by
law and not shown by the Public Records.
(5)Any water or well rights, or rights or title to water or claims thereof, in, on or under the Land.
(6)(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance
of said patents.
(7)All taxes, assessments, levies and charges which constitute liens or are due or payable including
unredeemed tax sales.
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Order No.: M-17226
Montana Title & Escrow, Inc.
Policy Issuing Agent for Westcor Land Title Insurance Company
SCHEDULE B - Part II
SPECIAL EXCEPTIONS
At the date hereof, exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would
be as follows:
1. GENERAL TAXES FOR THE YEAR 2017, A LIEN IN THE PROCESS OF ASSESSMENT, NOT YET DUE OR PAYABLE.
TAX NOTE:
TAXES, SPECIAL AND GENERAL, ASSESSMENT DISTRICTS AND SERVICE AREAS, FOR THE YEAR 2016. PARCEL NO.
RFH31007.
1ST INSTALLMENT:$ 3,114.21 PAID
2ND INSTALLMENT:$ 3,107.58 PAID
2. MINERALS OF WHATSOEVER KIND, SUBSURFACE AND SURFACE SUBSTANCES, INCLUDING BUT NOT LIMITED TO
COAL, LIGNITE, OIL, GAS, URANIUM, CLAY, ROCK, SAND AND GRAVEL IN, ON, UNDER AND THAT MAY BE
PRODUCED FROM THE LAND, TOGETHER WITH ALL RIGHTS, PRIVILEGES, AND IMMUNITIES RELATING THERETO,
WHETHER OR NOT APPEARING IN THE PUBLIC RECORDS OR LISTED IN SCHEDULE B. THE COMPANY MAKES NO
REPRESENTATION AS TO THE PRESENT OWNERSHIP OF ANY SUCH INTERESTS.
3. ALL MATTERS AS DELINEATED ON THE OFFICIAL PLAT OF CERTIFICATE OF SURVEY NO. 1154 AND 1154-A, ON
FILE AND OF RECORD WITH THE GALLATIN COUNTY CLERK, OFFICIAL RECORDS OF GALLATIN COUNTY, STATE OF
MONTANA..
4. RESERVATION CONTAINED IN BARGAIN AND SALE DEED TO THE STATE OF MONTANA, RECORDED AUGUST 29,
1960, IN BOOK 135, PAGE 84, OFFICIAL RECORDS.
5. TERMS, PROVISIONS, COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS, PROVIDED IN THE
COVENANTS, CONDITIONS AND RESTRICTIONS, BUT OMITTING COVENANTS OR RESTRICTIONS, IF ANY, BASED
UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY,
HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR
FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE
LAW, IN DOCUMENT RECORDED DECEMBER 20, 1984 IN FILM 85, PAGE 4653, OFFICIAL RECORDS.
6. TERMS, PROVISIONS, COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS, PROVIDED IN THE
COVENANTS, CONDITIONS AND RESTRICTIONS, BUT OMITTING COVENANTS OR RESTRICTIONS, IF ANY, BASED
UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY,
HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR
FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE
LAW, IN DOCUMENT RECORDED NOVEMBER 12, 1992, IN FILM 127, PAGE 3128, OFFICIAL RECORDS.
7. RIGHT OF WAY EASEMENT TO THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, RECORDED
APRIL 2, 1985, IN FILM 87, PAGE 694, OFFICIAL RECORDS.
8. TERM, PROVISIONS, CONDTIONS AS CONTAINED IN EASEMENT TO JAMES C. SIMMONS AND JANET SIMMONS,
RECORDED AUGUST 28, 1989, IN FILM 107, PAGE 1723, OFFICIAL RECORDS.
9. PIPELINE RIGHT OF WAY EASEMENT TO THE MONTANA POWER COMPANY RECORDED JULY 3, 1995, IN FILM
154, PAGE 3285, OFFICIAL RECORDS.
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Order No.: M-17226
Montana Title & Escrow, Inc.
Policy Issuing Agent for Westcor Land Title Insurance Company
10. MORTGAGE TO SECURE AN INDEBTEDNESS AND ANY OTHER OBLIGATIONS SECURED THEREBY IN THE AMOUNT
OF $ 1,400,000.00, DATED SEPTEMBER 23, 2009, RECORDED SEPTEMBER 29, 2009, AS DOCUMENT NO. 2343269,
OFFICIAL RECORDS.
MORTGAGOR:FPR PROPERTIES, LLC
MORTGAGEE:FIRSTMERIT BANK, N.A.
11. TERMS, PROVISIONS, AND CONDITIONS AS CONTAINED IN PUBLIC USE EASEMENT BETWEEN FPR PROPERTIES,
LLC AND THE CITY OF BOZEMAN, A MUNICIPAL CORPORATION OF THE STATE OF MONTANA, RECORDED
.............................., 2017, AS DOCUMENT NO. ............................, OFFICIAL RECORDS.
12. TERMS, PROVISIONS, CONDITIONS, AS CONTAINED IN TEMPORARY CONSTRUCTION EASEMENT, BETWEEN FPR
PROPERTIES, LLC, AND THE CITY OF BOZEMAN, A MUNICIPAL CORPORATION OF THE STATE OF MONTANA,
RECORDED ............................, 2017, AS DOCUMENT NO. ........................... , OFFICIAL RECORDS.
********************* END OF SCHEDULE B *********************
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PRIVACY POLICY NOTICE
Purpose Of This Notice
Title V of the Gramm-Leach-Biley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates,
from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you
with a notice of is privacy policies and practices, such as the type of information that it collects about you and the
categories of a persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with
this document which notifies you of the privacy policies and practices of:
AGTIC Title Insurance Company Old Republic National Title Insurance Company
American Guaranty Title Insurance Company Placer Title Company
Montana Title and Escrow Company Placer Title Insurance Agency of Utah
National Closing Solutions Stewart Title Guaranty Company
National Closing Solutions of Alabama, LLC Stewart Title Insurance Company
National Closing Solutions of Arkansas, LLC Westcor Land Title Insurance Company
North Idaho Title Insurance Company Wyoming Title and Escrow Company
North American Title Insurance Company
We may collect nonpublic personal information about you from the following sources:
Information we receive from you, such as an application or other forms.
Information about your transactions we secure from our files, or from our affiliates or others.
Information we receive from a consumer reporting agency.
Information we receive from others involved in your transaction, such as the real estate agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal
information will be collected about you.
We may disclose any of the above information that we collect about our customers or former customers to our affiliates or
to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the following types of nonaffiliated
companies that perform marketing services on our behalf or with whom we have joint marketing agreements:
Financial service providers such as companies engaged in banking, consumer finances, securities and insurance.
Nonfinancial companies such as envelope stuffers and other fulfillment service providers.
We do not disclose any nonpublic personal information about you with anyone for any
purpose that is not specifically permitted by law.
We restrict access to nonpublic personal information about you to those employees who need to know that
information in order to provide products or services to you. We maintain physical, electronic and procedural
safeguards that comply with federal regulations to guard your nonpublic personal information.
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