HomeMy WebLinkAbout06-10-19 City Commission Packet Materials - C6. MOA with Castlebar Limited Partnership for Improvements to Oak and 27th
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Bob Murray, Project Engineer
Shawn Kohtz, City Engineer SUBJECT: Right-of-Way Agreement for Construction of Improvements to
the Oak and 27th Intersection - Parcel 3 (Castlebar Limited
Partnership).
AGENDA ITEM TYPE: Consent
MEETING DATE: June 10, 2019
RECOMMENDATION: Authorize the City Manager to sign the Memorandum of Agreement and the Temporary Construction Permit needed for the City to install improvements to the Oak
and 27th Intersection.
BACKGROUND: By adopting the City of Bozeman Capital Improvement Plan the City Commission has directed staff to install improvements to the intersection of Oak and 27th. In order to carry out that direction it is necessary to acquire Right-of-Way. The attached documents,
which have been executed by the property owners, are the result of those efforts and are
necessary to the completion of that project.
UNRESOLVED ISSUES: None.
FISCAL EFFECTS: The total cost of this acquisition is $500.00 which will be paid for using
the Street Impact Fee Fund.
ALTERNATIVES: As suggested by the City Commission.
Attachments: Original Agreements and Easements
89
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^%^^:^^^^,i^^aA^^,-^ft^City of BozemanEngineering DivisionPublic Works DepartmentProject Name: Oak and 27thProject No: 18092.06Parcel No: 3MEMORANDUM OF AGj(EEMEMT-f4>This Memorandum of Agreement (the "Agreement") has been reached this ^ day ofH^\l _, 20J^, between Castlebar Limited Partnership, a Montana limited partnership,(hereinafter the "GRANTOR"), the owners of Lot 3 in Annie Subdivision, Phase II, City of Bozeman,Gallatin County, Montana, according to the official plat thereof on file and of record in the office of theCounty Clerk and Recorder, Gallatin County, Montana, and the City of Bozeman, a MunicipalCorporation of the State of Montana (hereinafter the "GRANTEE"), for the access rights to said property.The compensation amount to be paid and other considerations to be given in full satisfaction of thisAgreement are as follows:Compensation:Parcel 3: Temporary Construction Permit247 sq.ft.*$500* Figure 1Considerations:Total (rounded) | $500.001. In consideration of the payments herein set forth and the specific agreements to be performed by theparties hereto and written in this Agreement, the parties bind themselves to the terms and conditionsstated herein. No verbal representations or agreements shall be binding upon either party.GRANTOR certifies that any known encumbrances on the property are shown on this Agreement. IfGRANTOR sells their remaining property prior to the project being constructed, GRANTOR agrees toprovide the purchasers) with a copy of this entire Agreement.2. Taxes and special assessments, if any, delinquent from former years, and taxes and specialassessments for the current year, if due and/or payable, shall be paid by the GRANTOR.3. This Agreement embodies the whole Agreement between the parties hereto as it pertains to the realestate, and there are no promises, terms, conditions or obligations referring to the subject matterhereof, other than as contained herein. GRANTEE agrees not to record this agreement at the officeof the Gallatin County Clerk and Recorder.4. The GRANTOR hereby agrees that the compensation herein provided to be paid includes fullcompensation 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 outstandingand said GRANTOR agrees to discharge the same.5. This Agreement shall be deemed a contract extending to and binding upon the parties hereto andupon the respective heirs, devisees, executors, administrators, legal representatives, successors andassigns of the parties, only when the same shall have been approved by the City Manager on behalfof the Public Works Department. This agreement shall run with the land.6. The access rights granted herein shall be effective upon acceptance by GRANTOR and GRANTEE,evidenced by the execution of this Agreement by the GRANTOR and GRANTEE and payment of thecompensation amount.SANDERSON;STEWART^'Page 1 of 2Oak and 27th18092.06Parcel 390
7. The GRANTEE and GRANTOR agree that the GRANTEE will coordinate construction activities onthe GRANTOR'S property with regards to underground irrigation activities prior to construction. TheGRANTEE agrees to adjust and repair to GRANTOR'S reasonable satisfaction impacted existingunderground irrigation systems affected by this project.Of the total amount of compensation hereinabove agreed upon, the sum of $500.00 shall be paid uponexecution and delivery of a good and sufficient: ^ Temporary Construction Permit.Disbursement of funds will be made in the following manner:GRANTOR Amount of PaymentCastlebar Limited Partnership$500.00The GRANTOR certifies that to the best of the GRANTOR'S actual knowledge without the duty to inquire,there are no known hazardous materials on the property being accessed.The terms of this Agreement are understood and assented to by us and payment is to be made inaccordance with the above.CASTLEBAR LIMITED PARTNERSHIPBy: Affordable Housing of Montana, L.L.C.Its: General PartnerBy: Steadfast Intermountain, LLCIts: ManagerBy: Beacon Bay] Holdings, LLCIts: Vi/lana!Name: Dines^Title: ManagD^ar^CITY OF BOZEMANDate:By: Andrea SurrattCity ManagerATTEST:-0By: Robin CroughCity ClerkDate:SANDERSON;STEWART^rPage 2 of 2Oak and 27th18092.06Parcel 391
FIGURE 1PREPARED FOR :PREPARED BY :R/W ACQUISITIONWITHINLOT 5 OF ANNIE SUBDIVISION PHASES2, T2S, R5E, P.M.M.CITY OF BOZEMANSANDERSONSTEWART!APRIL, 2019BOZEMAN, MONTANAigSjSf^StSS-WS&SKi^^aK:::.E%~:'-?'''.;'g.M'.-W. OAKEXISTINGPROPERTY LINE(TYP)m3B%^1»-,m>s<eIPARCEL3TEMPORARYCONSTRUCTIONPERMITr^CNm«*•EXISTING PUBLICSTREET EASEMENT204FM1369)mNOTES:1. AERIAL IMAGE LOCATIONS AREAPPROXIMATE AND MAY NOT BE EXACT.^0SCALE:!" = 20'OAK AND 27THPARCEL 31B092_6_EXHIBITS.DWG18092.064/12/19 TG92
Return to:Sanderson Stewart106 EastBabcockBozeman, MT 59715m(&^i%^^^i.O:y%^^City of BozemanEngineering DivisionPublic Works DepartmentProject Name; Oak and 27thProject No: 18092.06Parcel No: 3TEMPORARY CONSTRUCTION PERMITThe GRANTOR, Castlebar Limited Partnership, a Montana limited partnership, whose mailing addressis 18100 Von Karman Avenue, Suite 500, Irvine, California 92612, for and in consideration of One andNo/100 - Dollars, and other valuable consideration, in hand paid, grants to the GRANTEE, the City ofBozeman, a Municipal Corporation of the State of Montana, with offices at 121 North Rouse Avenue,Bozeman Montana 59715, its successors or assignees, an unrestricted Temporary Construction Permit in,over, under, along, through, and across the following described real property located in Gallatin County,Montana:Lot 3 in Annie Subdivision, Phase II, City of Bozeman, Gallatin County, Montana, according to theofficial plat thereof on file and of record in the office of the County Clerk and Recorder, GallatinCounty, Montana. (Plat Reference: J-204)Said temporary construction permit is depicted on Exhibit A attached hereto and moreparticularly described as:Beginning at the Southwest corner of the permit herein described, being a point on the East right-of-way of North 27th Avenue, from which point the Northwest corner of Lot 3 bears N47° 11'12"W, 75.58 feet, said point of beginning; Thence, from said point of beginning, N 00° 29' 38" W,11.67 feet along the West right-of-way of North 27th Avenue; Thence, along a curve to theRIGHT, having a radius of 13.00 feet, a delta angle of 88° 18' 15", and whose long chord bears N43° 39' 29" E, 18.11 feet, along the West right-of-way of North 27th Avenue and the South right-of-way of West Oak Street; Thence, N 87° 48'37" E, 10.53 feet along the South right-of-way of WestOak Street; Thence, S 42° 19' 28" W, 34.05 feet to the West right-of-way of North 27th Avenueand to the point of beginning, and containing 247 sq.ft., more or less, 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 ofthis instrument and designated as Parcel 3. Said parcel, containing 247 square feet, more or less, ishereby temporarily provided to the GRANTEE, for the purpose of constructing and/or improving a publicstreet, 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 and 27th Project.Upon completion of said project for which access is hereby provided, the GRANTEE shall restore theproperty as nearly as possible to its original condition. The GRANTEE agrees to indemnify, defend and holdPage 1 of 3Oak and 27th18092.06Parcel 393
GRANTOR and GRANTOR'S employees, officers, and agents harmless from any and all liability that mayresult or arise from the exercise of the rights granted hereby, however occurring, other than those causedsolely by the willful or negligent acts or omissions of the GRANTORS and GRANTOR'S employees,officers, and agents. The foregoing indemnification shall apply to any and all liability and damages ofGRANTOR arising from third parties.GRANTOR hereby covenants with GRANTEE that GRANTOR has good title to the above-described tractof land and covenants that GRANTEE shall have quiet and peaceable possession thereof and usethereof during the period of this Temporary Construction Permit. This Temporary Permit is in effect for aperiod beginning the 1st day of construction on the property, and ending two (2) years later, at which timethis permit shall expire and be of no force and effect.CASTLEBAR LIMITED PARTNERSHIP, a Montana limited partnershipBy: Affordable Housing of Montana, L.L.C., a Montana limited liability companyIts: General PartnerBy:Its:By:Its:Steadfast flntermountain, LLC, an Idaho limited liability companyManageray Holdings, LLC, a Delaware limited liability companyeacon Bnaer^Name: Dinesh\)ava\^Title: Manager\^ACKNOWLEDGMENT OF GRANTORState of California )County of Orange ))ss.ACKNOWLEDGED IN MYDinesh Kumar DavarPRESENCE, this 14th day of _May _, 20.19, by, known to me or satisfactorily proven to be the person whosename is subscribed to this instrument and acknowledged to me that he executed the same. If theperson's name is subscribed in a representative capacity, it is for the principal named and in the capacityindicated.PLEASE SEE ATTACHED ACKNOWLEDGEMENTNotary Signature Line(Seal)Notary Printed NameNotary Public for the State of.Residing at:My Commission Expires:/./2Q_Page 2 of 3Oak and 27th18092.06Parcel 394
OFFICIAL CALIFORNIA NOTARIAL CERTIFICATEACKNOWLEDGEMENTA notary public or other officer completing this certificate verifies only the identity of the individual whosigned the document, to which this certificate is attached/ and not the truthfulness, accuracy, or validity ofthat document.State of CaliforniaCounty of Oro<n'On OS/ l4/lcl before me, Q\nv{\ 'Z.V^e.fvg^ personallyappeared_OinesV-> Kur'nor O^var_, who proved to me onthe basis of satisfactory evidence to be the person^ whose name(-&) is/-&pe subscribed to thewithin instrument and acknowledged to me that he/she/they executed the same inhis/her/the+f authorized capacity^+es-), and that by his/hcr/thcir signature^ on the instrumentthe person^, or the entity upon behalf of which the person^ acted, executed theinstrument.I certify under PENALTY OF PERJURY under the laws of the State of California that theforegoing paragraph is true and correct.WITNESS my hand and official seal.(Seal)"CINYI ZHENGCOMM.# 2191286NOTARY PUBUC •CAUFORNIALOS ANGELES COUNTYComm. Exp,APR>L_13; 2021,»"^Signature95
CERTIFICATE OF ACCEPTANCETHIS 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, herebyaccepts for public purposes, the real property, or interest therein, described in this instrument andconsents to the recordation thereof:CITY OF BOZEMANBy: Andrea SurrattCity ManagerATTEST:By: Robin CroughCity ClerkState of MontanaCounty of Gallatin)ss.The foregoing instrument was acknowledged before me this _ day of _, 20_ byAndrea Surratt and Robin Crough, known to me to be the City Manager and City Clerk for the City ofBozeman and the persons whose names are subscribed to this instrument, and acknowledged to me thatthey executed the same for and on behalf of the City of Bozeman.IN WITNESS WHEREOF,above written.I have hereunto set my hand and affixed my official seal this day and year<^Notary Signature Line(Seal)Notary Printed NameNotary Public for the State ofResiding at:My Commission Expires:I ^./20_Page 3 of 3Oak and 27th18092.06Parcel 396
PREPARED FOR :PREPARED BY :EXHIBIT ATEMPORARY CONSTRUCTION PERMITWITHINLOT 3 OF ANNIE SUBDIVISION PHASES2, T2S, R5E, P.M.M.CITT OF BOZEMANSANDERSONSTEWARTIAPRIL, 2019BOZEMAN, MONTANAEXISTINGPROPERTY LINE(TYP)w.OAKT.L2\<?-></\^v1^r^POBEXISTING PUBLICSTREET EASEMENT204FM1369)\\\\ \ \ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\-PARCEL 5 \ \-TEMPORARY \ \- CONSTRUCTION \ \-PERMIT \ \\\\\\\\\\\\\\\\\\\\\\\\\\^\\\\ \ \ \\\\\\\\\\\\\\\\\\\\L1R1L2L5»N 00- 29' 38" W, 11.67 FEETR = 13.00 FEET, A = 88- 18' 15",LC = N 43' 39' 29" E, 18.11 FEETN 87- 48' 37" E, 10.53 FEETS 42- 19' 28" W, 54.05 FEET1020SCALE;!" = 20'R/W LEGENDEXISTING ROAD R/WmSJSm NEW PERMIT AREAAREA REMAININGOAK AND 27THPARCEL 31B092_6_EXHIBITS.DWG18092.064/12/19 TG97