HomeMy WebLinkAbout06-17-19 City Commission Packet Materials - C6. PUE and ROW with Islamic Center of Bozeman and BSD7 for a Roundabout
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Shawn Kohtz, City Engineer
SUBJECT: Authorize the City Manager to sign a Public Use Easement and Right-of-Way documents with the Islamic Center of Bozeman, Inc.
and Bozeman High School District #7 for installation of a
roundabout at the intersection of 15th Avenue and Beall Street
AGENDA ITEM TYPE: Consent
MEETING DATE: June 17, 2019
RECOMMENDATION: Authorize the City Manager to sign a Public Use Easement and Right-of-Way documents with the Islamic Center of Bozeman, Inc.
and Bozeman High School District #7 for installation of a
roundabout at the intersection of 15th Avenue and Beall Street
BACKGROUND: As a condition of approval for the Bozeman High School Expansion project, Bozeman High School District #7 is required to install a roundabout at the intersection of
15th Avenue and Beall Street. In order to carry out that direction it was necessary for them to
acquire right-of-way. The attached documents are the result of those efforts and are necessary for
the completion of that project. The valuations used for these acquisitions was performed under the direction of Sanderson Stewart.
UNRESOLVED ISSUES: None.
FISCAL EFFECTS: None. The costs associated with this acquisition are to be paid by Bozeman High School District #7.
ALTERNATIVES: As suggested by the City Commission.
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Attachments: Cover Letter (to Bozeman High School District #7), Memorandum of Agreement, Public Use Easement, Temporary Construction Easement,
Waiver Valuation, and supporting documentation
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SANDERSON^ISTEWART'May 30, 2019Bozeman School District #7c/o Steve Johnson and Todd SwinehartP.O. Box 520Bo2eman, MT 59771-0520Reference: 15th and Beall Roundabout R/W Acquisition — Closing for Parcels 1 and 2Dear Mr. Johnson and Mr. Swinehatt:We've completed the agreements with the owners of Parcels 1 and 2 for the 15th and BeaURoundabout project. To be able to execute the agreement and close on the acquisition, the HighSchool and City need to sign the attached documents where indicated and prepare two checks withthe exact amounts specified by the tide company. Two checks should be made out to MontanaTitle and Escrow, one in the amount of $38,089.00 for Parcel 1 and one in the amount of$6,949.00 for Parcel 2. Itemized lists of the final closing costs are included in the attached finalclosing statements.The attached documents need to be signed (flotari2ed as applicable) by the High School and the Cityand returned to Sanderson Stewart. The documents have been fully signed by the propertyowners where required. The High School is required to sign the Memorandum of Agreements,Temporary Constcuction Permit (Parcel 1 only, notarized), Waiver Valuations, Escrow Instructions,Buyer's Instructions, and Closuig Statements. The City is required to sign the Public Use Easements(notarized). Buyer's Instructions, and Closing Statements.Once both the High School and the City complete the signing of the attached documents, I willproceed with closing out the agreements for these parcels. The easements and permits will berecorded, checks will be delivered to the property owners along with a copy of the final documents,and the original documents will be returned to the High School and City as necessaty. At that point,the agreements wiU be fully executed.If you have any questions or woiild Eke to discuss these documents in more detail, please feel free tocontact me via email (tgaddo@,sandersonstewart.com) or phone 406 [ 922-4304.Sincerely,Tony Gaddo, PE, REALTOR'8Semol: Engineer | Right-of-Way SpecialistTGEnc.BillingsBozemanDenverFort CollinsSandersonStewarf.comSANDERSONSTEWART.and we're just getting started59
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'^Bozeman High School District #7Project Name: 15th and BeallProject No: 18077Parcel No: 1-1 & 1-2•;.-',a^;.£,s™^-",.JMEMORANDUM OF AGREEMENTThis Mempfandum of Agreement (the "Agreement") has been reached this I 7 ^i day ofA-Pk- 7 ^ , 20J3 between the Islamic Center of Bozeman, Inc. (hereinafter the~GRANTOR"), the owner of Lot 5-B of the amended subdivision plat of Lot 5 of Block 4 of the Kirkwood BaptistChurch's Rearrangement of Block 4 of Kirk's Second Subdivision to the City of Bozeman, GallatinCounty, Montana, according to the official plat thereof on file and of record in the office of the CountyClerk and Recorder of Gallatin County, Montana, and the Bozeman High School District #7,(hereinafter the "GRANTEE"), for the purchase of said property interest(s). The compensation amount tobe paid and other considerations to be given in full satisfaction of this Agreement are as follows:Compensation:Parcel 1-1: Public Use Easement691 sq.ft.*691 sq.ft. x $22.75 per sq.ft. x 110% premium x 100%$17,292Parcel 1-2: Temporary Construction Permit1,472sq.ft* [ $9,000Cost to Cure:New Fencing: 180 If x $60 per If$10,800* Figure 1Considerations:Total (rounded) | $37,1001. 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. IfGRANTOR sells their remaining property prior to the project being constructed, GRANTOR agrees toprovide the purchasers) with a copy of this entire Agreement and agree to make the sale of theirremaining property subject to all the terms and conditions contained in this Agreement. GRANTORagrees that they will, at the GRANTEE'S request, execute deeds and/or easements required by for allreal property agreed to be conveyed by this 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.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 GRANTEE.SANDERSON^STEWARTPage 1 of 3M^A15th and Beall18077Parcel 1-1 & 1-260
V*6. The property transfer shall be effective upon acceptance by GRANTOR and GRANTEE, evidencedby the execution of this Agreement by the GRANTOR and GRANTEE and payment of thecompensation amount.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, at its sole cost and expense, to adjust, reroute, and repair impacted existingunderground irrigation systems affected by this project both during the construction of the roundaboutproject and after the completion of the project. Except for new fencing as described in Section 9,GRANTEE shall be solely responsible for completing, at its sole cost and expense, all improvementsfor the project including (but not limited to) utility relocation and installing the new sidewalks, curbs,and gutters, and GRANTOR shall have no responsibility for the cost of such installation.8. The GRANTEE agrees to construct and maintain, at their expense, a temporary fence along Parcel1-2 during construction. The GRANTEE and GRANTOR agree the GRANTEE will remove thetemporary fence from the property once construction is completed.9. The GRANTOR and GRANTEE agree that although the GRANTOR is not required to build a fence,the GRANTOR is responsible for all steps required to have new fencing items installed on theGRANTOR'S property at a time convenient for the GRANTOR. The GRANTOR agrees that newfencing features will not be installed on the GRANTOR'S property that conflicts with the Public UseEasement or Temporary Construction Permit areas prior to completion of the project's constructionimprovements.10. The GRANTEE hereby covenants and agrees to indemnify and defend GRANTOR, its officers,directors, members, employees, agents, and invitees and save them harmless from any and allliability, loss, costs or obligations, including, without limitation, reasonable attorney's fees, on accountof or arising out of any such injury or loss caused or claimed to be caused by GRANTEE'S use ofGRANTOR'S property, however occurring, other than those caused solely by the willful or negligentacts or omissions of the GRANTOR. In the event legal action is necessary to enforce the terms of thisMemorandum of Agreement, the prevailing party shall be entitled to recover its attorney's fees andcosts from the non-prevailing party.Of the total amount of compensation hereinabove agreed upon, the sum of $37,100 shall be paid uponexecution and delivery of a good and sufficient: ^ Public Use Easement and ^ Temporary ConstructionPermit.Disbursement of funds will be made in the following manner:GRANTORAmount of PaymentIslamic Center of Bozeman, Inc.$37,100The terms of this Agreement are understood and assented to by us and payment is to be made inaccordance with the above.4E&SANDERSON^"ST E WARTPage 2 of 3/^A^A15th and Beall18077Parcel 1-1 & 1-261
ISLAMIC CENTER OF BOZEMAN, INC.,^/\Name: ^o\-v»^A^^A/;t^ ^OriUL. /^AIFAJTitle: <=>._ „ . •.^"t- C-6 ,lBOZEMAN HIGH SCHOOL DISTRICT #7Date: 4/(7/^'ol<:1/CAAAAName: T^BS./t.r ^- ^Ars'^Title: ^^T3t.n.f/^Tf^'tXl^'rDate: ^ 111SANDERSON^STEWARTPage 3 of 3i^^/V15th and Beall18077Parcel 1-1 & 1-262
FIGURE 1R/W ACQUISITIONWITHINLOT 5--B OF PLAT G-26-A, S 12, T2S, R5EPREPARED FOR ; BSD #7 / CIPf OF BOZEMANPREPARED BY : SANDERSON STEWAR T @OCTOBER, 2018BOZEMAN, MONTANA1s.s.EXISTINGPROPERFl'UNE(TYP)UJ»=>f9;2Ld>PARCELPUBLICEASEMENT<aniUSEpIu")KTS^NBPARCEL.l-:2ni TEMPORARY9U^^UCTION3:IEDGEOFCE:BUILDING0a^^-<y.Wit»)•*•s•//^^iw-D^^tE3NEWSIDEWALKgigg^NEw'iBiCURB/GUTTER^.Ss^-S^^sMWEST BEALL STREETNOTES:1. AERIAL IMAGE LOCATIONS AREAPPROXIMATE AND MAY NOT BE EXACT.2. NEW SIDEWALK AND PEDESTRIAN RAMPLOCATIONS ARE PRELIMINARY AND ARESUBJECT TO CHANGE.•s81530%"NOB1HSCALE:!- - W15TH AND BEALLPARCEL 1-1 & 1-2'!8077_.tX-iBiTS.DWG18077 10/24/18 CMK/TGA^^-/v63
Return to:Sanderson Stewart106 EastBabcockBozeman, MT 59715it^'^^^..u'"sa'?"^t^^A'sm^E"^^Bozeman High School District #7I Project Name: 15th and BeallI Project No: 18077Parcel No; 1-1I.\\jiPUBLIC USE EASEMENTThe GRANTOR, Islamic Center of Bozeman, Inc., whose address is 301 North 15th Avenue, Bozeman,Montana 59715, for and in consideration of One and No/100 - Dollars, and other valuable consideration,in hand paid, conveys and grants to the GRANTEE, the City of Bozeman, a Municipal Corporation of theState of Montana, with offices at 121 North Rouse Avenue, Bozeman Montana 59715, its successors orassignees, a perpetual, full and unrestricted easement and right-of-way in, over, under, along, through,and across the following described real property located in Gallatin County, Montana:Lot 5-B of the amended subdivision plat of Lot 5 of Block 4 of the Kirkwood Baptist Church'sRearrangement of Block 4 of Kirk's Second Subdivision to the City of Bozeman, Gallatin County,Montana, according to the official plat thereof on file and of record in the office of the CountyClerk and Recorder of Gallatin County, Montana. (Plat G-26-A)Said public use easement is depicted on Exhibit A attached hereto and more particularlydescribed as:Beginning at the Southeast corner of Lot 5-B and the easement herein described, being a pointon the North right-of-way of West Beall Street and the West right-of-way of North 15th Street, saidpoint of beginning; Thence, from said point of beginning, N 89° 16' 20" W, 45.99 feet along theNorth right-of-way of West Beall Street; Thence, N 57° 53' 34" E, 55.45 feet to the West right-of-way of North 15th Street; Thence, S 01° 52' 13" W, 30.07 feet along the West right-of-way ofNorth 15th Street to the North right-of-way of West Beall Street and to the point of beginning, andcontaining 691 sq.ft., more or less, as shown on Exhibit A.Alt improvements installed within the easement by GRANTEE are the property of the GRANTEE,removable at its option. The failure of GRANTEE to exercise any of its rights granted herein shall not beconstrued as a waiver or abandonment of the right.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 of the easement freefrom any interference or claim by GRANTOR or anyone lawfully claiming by, through or underGRANTOR; and shall have a free and unrestricted right to access and maintain said facilities, free fromany interference or claim by GRANTOR or anyone lawfully claiming by, through or under GRANTOR, aslong as the right-of-way of which this easement area is a part, remains a public way.SANDERSON^*STEWARTPage 1 of 3MRA15th and Beall18077Parcel 1-164
The GRANTEE hereby covenants and agrees to defend and indemnify GRANTOR, its officers, directors,members, employees, agents, and invitees and save them harmless from any and all liability, loss, costsor obligations, including, without limitation, reasonable attorneys' fees, on account of, or arising out of,any such injury or loss caused or claimed to be caused by the exercise of this easement or use of thiseasement, however occurring, other than those caused solely by the willful or negligent acts or omissionsof the GRANTOR, its officers, directors, members, employees, agents, and invitees.ISLAMIC CENTER OF B02EMAN, INC./vi. ^^L^L <4—-.Name: ^c\^ A/TA^^^Title: P^<L^,J^^~^)H^L- ^ <^l! AjACKNOWLEDGMENT OF GRANTORState ofM.^<"AA^ )Countyof^2^UALIJ^-)^day ofIOn this ^ I day of A P'^' I _, 20_[5, before me, the undersigned, a Notary Public in and for thesaid ^tate7 personally1 appeared the-GRANTOR, M6^AMt4w> f?y^y^- Ar^T^ , thepr^-s \ <^-o-v^'^~ _ of Islamic Center of Bozeman, Inc., known to me to be theidentical individual who executed the foregoing instrument, who acknowledged to me that the individualexecuted the same as the free and voluntary act of said GRANTOR, with full authority to do so and withfull 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,yearabove written.\^MP^X EVAN MOPPERT^.'•^.»","^\._ .. Notary Public; -..^oTAn^^.- | for the State of MontanaI *«'. SffA^T ^.1_ ,^ - Residing at:^>0&ALW) Bozeman; Montana^MCi^^' Mycommissi9? Expires:''""7i;,,,^"'2022?Notary Signature LineNotary Printed NameNotary Public for the State of.Residing at:My Commission Expires: _ // 20SANDERSON^?STEV/ARTPage 2 of 3AAR/^15th and Beall18077Parcel 1-165
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.)day of., 20_ byThe foregoing instrument was acknowledged before me thisAndrea 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.have hereunto set my hand and affixed my official seal this day and yearNotary Signature Line(Seal)Notary Printed NameNotary Public for the State of.Residing at:My Commission Expires://20_SANDERSON"^STEWARTPage 3 of 3^\AA15th andBeall18077Parcel 1-166
»EXHIBIT APUBLIC USE EASEMENTWITHINLOT 5-B OF PU\T G-26-A, S12, T2S, R5EPREPARED FOR : BSD #7 / CITY OF BOZEMANPREPARED BY : SAN D E RSO N STEWART@OCTOBER, 2018BOZEMAN, MONTANA\ \EXISTINGPROPERTY LINEv_ "-_ ^ \ ^EXISTING UTILITY'EASEMENT.(23MISCBK179)\ \ \ \\LJ20'N^c><IinICE:0.PARCEL 1-1PUBLIC USEEASEMENT\\\ \ \ \\\\ \ \ \\ \ \ \\ \^,z^fl:s?LT^WE^T BEA^L ^RE/POB-L1 N 89° 16' 20" W, 45.99 FEETL2 N 57- 53' 34" E, 55.45 FEETL3 S 01- 52' 13" W, 30.07 FEET15D1530^SCALE:!" =30'R/W LEGENDV//////\ EXISTING ROAD R/W[BiB;IJ NEW EASEMENT AREAfc^^^^^l AREA REMAINING18077_EXHIBITS.DWG15TH AND BEALLPARCEL 1-118077 10/24/18 CMK/TG^^A67
Return to:Sanderson Stewart106 East BabcockBozeman MT5971511Bozeman High School District #7Project Name: 15th and BeallProject No: 18077Parcel No: 1-2§L-1ii'!TEMPORARY CONSTRUCTION PERMITThe GRANTOR, Islamic Center of Bozeman, Inc., whose address is 301 North 15th Avenue, Bozeman,Montana 59715, for and in consideration of One and No/100 - Dollars, and other valuable consideration,in hand paid, grants to the GRANTEE, the Bozeman High School District #7, whose address is P.O.Box 520, Bozeman, MT 59771-0520, its successors or assignees, an unrestricted Temporary ConstructionPermit in, over, under, along, through, and across the following described real property located in GallatinCounty, Montana:Lot 5-B of the amended subdivision plat of Lot 5 of Block 4 of the Kirkwood Baptist Church'sRearrangement of Block 4 of Kirk's Second Subdivision to the City of Bozeman, Gallatin County,Montana, according to the official plat thereof on file and of record in the office of the CountyClerk and Recorder of Gallatin County, Montana. (Plat G-26-A)Said temporary construction permit is depicted on Exhibit A attached hereto and moreparticularly described as:Beginning at the Southeast corner of the permit herein described, being a point on the Northright-of-way of West Beall Street and the south line of Lot 5-B, from which point the Southeastcorner of Lot 5-B bears S 89° 16' 20" E, 45.99 feet, said point of beginning; Thence, from saidpoint of beginning, N 89° 16' 20" W, 41.01 feet along the North right-of-way of West Beall Street;Thence, N 00° 43'40" E, 10.00 feet; Thence, S 89° 16' 20" E, 38.07 feet; Thence, N 57° 53' 34"E, 47.18 feet; Thence, N 01° 52' 13" E, 53.68 feet; Thence, S 88° 07' 47" E, 10.00 feet to theWest right-of-way of North 15th Avenue; Thence,S 01° 52'13" W, 59.00 feet along the West right-of-way of North 15th Avenue; Thence, S 57° 53' 34" W, 55.45 feet to the North right-of-way ofWest Beall Street and the South line of Lot 5-B and to the point of beginning, and containing1,472 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 1-2. Said parcel, containing 1,472 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 15th and Beall Project.SANDERSON%'STEWARTPage 1 of 3<v\^^15th and Beall18077Parcel 1-268
Within 90 days of completion of construction on the property, weather conditions permitting, theGRANTEE shall, at its sole cost and expense, restore the property as nearly as is possible to its originalcondition. The GRANTEE agrees to indemnify, defend, and hold GRANTOR harmless from any and allliability (including attorney's fees) that may result or arise from the exercise of the rights granted hereby.In the event legal action is necessary to enforce the terms of this Temporary Construction Permit, theprevailing party shall be entitled to recover its attorney's fees and costs from the non-prevailing party.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 free from any interference or claim by GRANTOR or anyone lawfully claiming by, through or underGRANTOR during the period of this Temporary Construction Permit. This Temporary Permit is in effectfor a period beginning the 1st day of construction on the property, and ending two (2) years later, at whichtime this permit shall expire and be of no force and effect.ISLAMIC CENTER OF BOZEMAN, INC.M-Name: MO^AA^AAA)^Title: frA_s,J^^^.\JKU L-. /^<^<r^ACKNOWLEDGMENT OF GRANTORState of ^/^TAt^ACounty of^{{^\) ss.\^_)On this It day of ^\p/i \ _, 20^, before me, the undersigned, a Notary Public in and for thesaid ^tate7 personally 'appeared the—GRANTOR, MOt-l^r^MftO ^I-IUL- ^t^lM , they<e. S> A-A-Af^ _ of Islamic Center of Bozeman, Inc., known to me to be theidentical individual who executed the foregoing instrument, who acknowledged to me that the individualexecuted the same as the free and voluntary act of said GRANTOR, with full authority to do so and withfull 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 yearabove written.^.Mp^EVAN MOPPERT'^^. ,,"."^A._... Notary p"b"ci~ 7^0IAR^/C lfor the_state of MontanaI *n'- SKAT. (.sl^l) r,. _ "esiding at:Sozeman, MontanaMy Commission Expires:^;;,,,^"'November 08. 2022~^^^ ^Notary Signature LineNotary Printed NameNotary Public for the State of.Residing at:My Commission Expires: _/./20_SANDERSON^STEWARTPage 2 of 3MRA15th and Beall18077Parcel 1-269
BOZEMAN HIGH SCHOOL DISTRICT #7v^/wime: /?o<s/>«r^' /J/4'^—Title: _s<^<:,-i. ,^»7-K^aE-~^'^ACKNOWLEDGMENT OF GRANTEEState of /tfc^r^A )County of ^n44^f77/w )On this y^dayofsaid State, personally^-^Kappeared^\3f»ep.f^-r3V^'b«^JT, 20_, before me, the undersigned, a Notary Public in and for thethe—GRANTEE, ^>D^TZT CT t^A^^-^ _, theof Bozeman High School District #7,known to me to bethe identical individual who executed the foregoing instrument, who acknowledged to me that theindividual executed the same as the free and voluntary act of said GRANTEE, with full authority to do soand with full knowledge of its contents, for the uses and purposes therein mentioned.IN WITNESS WHEREOF,above written.have hereunto set my hand and affixed my official seal this day and year_J^?——_^o.J.o^'. STEVEN D JOHNSON^^.L'7^ - . Notary PublicfS'.^o^^i-^ for the ^etft)of MontanaI*."-. SF A i ,;*; „ Residing at:%'^;a^^L.'^ Bozeman, Montana^kiic^' My Commission Expires:[^1_ May 22, 2020r^;'''Notary Signature Line^y£C}S/^ ^b. 'C^^^o^Notary Printed NameNotary Public for the State of y^>^7-^u^-My Commission Expir?J/2.0_SANDERSON^SSTE'vVARTPage 3 of 3M^A15th and Beall18077Parcel 1-270
EXHIBIT ATEMPORARY CONSTRUCTION PERMITWITHINLOT 5-B OF PLAT G-26-A, S12, T2S, R5EPREPARED FOR : BSD #7 / CITY OF BOZEMANPREPARED BY : SAN D E RSO N STEWART@OCTOBER, 2018BOZEMAN, MONTANA^v\\\\\\\X~Y\ \ \1»\ \ \1\ \\ \\ \ ^^•N 1.\\\\, \I \[. \\s \s \^ \k \^-v^\ \ ^>»v\x»»\ \ \\ \\ \\ \\ \\ \\ \ \ \ \'\ \ V \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ ^—'EXISTING UTILITY \ \.EASEMENT(23MISCBK179)\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\r^-\\\\ \ \ \ •CN||.\\—^r~\ v\ \ \\ \ \ \^ EXISTINGPROPERTY LINE\ \ \ \ \(TYP)\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\^PARCEL 1-2NTEMPORARY . ^\ CONSTRUCTION , \\PERMIT\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\,^\ \ \ \,\ \ \1-^ \ _\BEALLLI^ESJ\L6LJ^/>in<>\]I^/I/Q^o/k\Vr\%POBL1 N 89" 16' 20" W, 41.01 FEETL2 N 00° 43' 40" E, 10.00 FEETL3 S 89- 16' 20" E, 38.07 FEETL4 N 57- 53' 34" E, 47.18 FEETL5 N01" 52' 13" E, 53.68 FEETL6 S 88' 07' 47" E, 10.00 FEETL7 S 01" 52' 13" W, 59.00 FEETL8 S 57- 53' 34" W, 55.45 FEET15030SCALE:!"-s 30'R/W LEGENDEXISTING ROAD R/W1 NEW PERMIT AREAfc^^^^^l AREA REMAINING18077_EXHIBITS.DWG15TH AND BEALLPARCEL 1-218077 10/24/18 CMK/TG^\^A71
Bozeman High School District #7Project Name: 15th and BeallProject No: 18077Parcel No: 1-1 & 1-2_],WAIVER VALUATIONOWNERSHIP INFORMATIONProperty Owner:Islamic Center of Bozeman, Inc.Property Address:301 N. 15th, Bozeman, MTProperty Location:S12, T02S, ROSEPROPERTY INFORMATIONPresent Use: Commercial - UrbanHighest and Best Use: Commercial - UrbanZoning Authority: City of BozemanZoning Classification: R-0 (Residential-Office District)Property Size (Before): 0.380 acresImprovements: Commercial Building, parkingACQUISITION INFORMATIONPartial Acquisition: |x]Full Acquisition: DArea to be AcquiredParcel No.Area (sq.ft.)FeePerm. Easement | Temp. PermitParcel 1-1 PUE691DsDParcel 1-2 TCP1,472DasDESCRIPTION OF ACQUISITION:Permanent and temporary rights to utilize portions of the subject property for this project are required.Easement and construction permit areas are necessary to allow the roadway improvement projects to beinstalled on the Southeast corner of the subject property. The present use of the subject property is forshared business and religious purposes.VALUATION ANALYSIS:The subject property has been valued as if raw, vacant land that is available for the highest and best use.The data for the subject property and comparable sales was verified by an external field inspection anddesk review. This is a simplified valuation report, and as such, contains summary discussions of the data,reasoning and analysis that were used to develop the opinion of value.The Sales Comparison approach was utilized to determine the land value of the subject property. TheSales Comparison approach is recognized as the most appropriate and reliable method for estimating thevalue of land such as the subject property. Research of the local real estate market was conducted todocument recent sales information for properties similar to the subject property. The comparable salesinformation utilized to develop the opinion of value of raw, vacant land similar to the subject property isdetailed below:COMPARABLE SALESINFORMATIONComp. Parcel #Subject12MLS#187264326231326233Property Address301 N. 15thBozeman, MTTBD N. 14thBozeman, MT1098 N. 15thBozeman, MTSANDERSON^^STEWARTPage 1 of 215th and Beall18077Parcel 1-1 & 1-272
COMPARABLE SALES INFORMATIONComp. Parcel #Subject12Zoning AuthorityCity of Bozeman [ City of Bozeman | City of BozemanZoningR-0R-0R-0Current UseCommercial -UrbanComm./Resident.-Vacant UrbanComm./Resident.-Vacant UrbanDate of Sale11/08/201311/15/2018 UC1 | 11/15/2018 UC•1Sales Price$263,000$250,000$250,000Size (acres)0.3800.2500.252Indicated $/sq.ft.$20.702$22.96$22.771 Under contract2 Sale included existing building; Indicated value adjusted based on current tax data.The comparable sales data ranged from $22.77 per sq.ft. to $22.96 per sq.ft. The average value of thecomparable parcels is $22.87 per sq.ft. The access, location and zoning of the subject is similar to thesales to both comparable parcels, however, both comparables have slightly smaller sizes. Past sales datafor the subject property indicated a value of $20.70 per sq.ft. five years ago, adjusted based on current taxdata. Given all these factors, the indicated market value of the subject property is estimated to be $22.75per sq.ft. for unencumbered vacant land with similar property characteristics as just compensation for theacquisition of vacant land in fee.Easements and permits grant specific rights on a piece of land to another entity for specific uses, but donot transfer title of the land. Compensation for easement interests is determined as a percentage of thefee value (100% acquisition value) based on the level to which the acquired interest limits/encumbers theuse of the property by the owner. For public use easements, the owner retains little use of the impactedland and is valued at 95% of the fee value. Compensation for temporary construction permits are paid asa lump sum item.VALUATION CALCULATION:COMPENSATIONItemCalculation DetailCompensationParcel 1-1 PUE: | 691 sq.ft. x $22.75 per sq.ft. x 95%$ 14,934Parcel 1-2 TCP:One (1) Temporary Construction Permit$ 500Subtotal: | $ 15,434Cost to Cure:$ 0Total Compensation 1:$ 15,450' Rounded to nearest $50 increment.$500 minimum with permanent easements.Date of Inspection:Date of Valuation:Date Approved:October 17, 2018Noyemter6,J018d4liqPrepared By?Approved By:TSTiTSaMo^ PE, REALTOR®[Bozeman High School District #7Name: /?oSe.ivr 'S'. MJATSO^ITitle: ^ufiCtt{^rn^t>^/hrISANDERSON^S*STEWARTPage 2 of 215th and Beall18077Parcel 1-1 & 1-273
».INSTRUCTIONS TO:Montana Title & Escrow, Inc.1925 N. 22nd Avenue, Suite 102Bozeman, MT 59718vuDATE: 0^-/l~7/^olclRE: ESCROW NO,: M-23889PROPERTY:131274-100.4Parcel 1301 N. 15hAve, Bozeman, MT 59715You are handed herewith an executed:xxTemporary Construction Permit and Public Use EasementPower of AttorneyRequest for Taxpayer I.D.# (1099 Reporting) if payment to be made toGrantor.Which you are authorized and instructed to record through the above referenced escrow:Without demand for any consideration to the undersigned, monetary or otherwise,for their delivery of said instrument or (Check One)X Provided you hold for the account of the undersigned the sum of $37.100.00to be paid to Islamic Center of Bozeman, Inc.I am to be of no expense in connection with this transaction and no documentary transfer tax isto be affixed to said EASEMENT AND PERMIT.Transfer tax, if applicable, and recording fees are to be collected from the grantee. Whenrecorded, document is to be returned to the grantee. Preparation of this instrument andrecording of same is to be done at no expense to the undersigned.READ, APPROVED AND ACCEPTED BY:,^. P^-^Jl /4—^--Name: MO^A^M/4'b iS-vJHtJL- /^^-M^JTitle: ^'x'e-^-.A^'^TDate: ^/n/A^tc)Page 1 of 2 - Febmary 24, 2016^ fi.fi>Instructions - Deed - Retai I74
The above instruction, Easement, and Permit mentioned therein have been reviewed and arehereby approved by the undersigned. You are to record said PUBLIC USE EASEMENT andTEMPORARY CONSTRUCTION PERMIT concurrently with the other documents contained in theabov^/iumbered escrow and charge my account for the cost incurred.'J0<AA^^Name: /^&r<er 3~ -fc'/t.rr* <*^Title:.5«/*<&z/^ re-" &s^rDate: 6^//^of Bozeman High School District #7Received __ _,Montana Title & Escrow, Inc.BY:_CANDACE D. ELSERPage2of2-Febmary24,2016 M(^AIiistructions - Deed - Retaii75
Montana Title & Escrow, Inc.1925 N. 22nd Avenue, Suite 102Bozeman, MT 59718Phone: (406)587-7702Fax: (406)587-2891Date: 5/30/2019Escrow No.: M-23889-CEEscrow Officer: Candace ElserProperty Address:301 North 15th Avenue, Bozeman, MT 59715464018-1210-0BUYER'S INSTRUCTIONSMontana Title & Escrow, Inc., a Montana Corporation, is licensed to perform escrow services by the State ofMontana.It is understood, by the parties hereto, that when the term "Escrow Holder" is used throughout theseinstructions it is always referring to Montana Title & Escrow, Inc. unless specifically stated otherwise.1/We hand you herewith:Cashier's check or verifiable funds in the amount stated on the attached Estimated Settlement Statement.You are hereby authorized to deliver and/or record all said documents and disburse said funds, together withthe proceeds of any easement mentioned, on account for the purchase price of the real property described inyour above numbered escrow and on account for the other costs, fees and adjustments in connectiontherewith, when you can issue your 2006 ALTA Standard Owners Policy of Title Insurance in the amount of$37,100.00.Title to be as vested in the name of:OF MONTANACITY OF BOZEMAN, A MUNICIPAL CORPORATION OF THE STATESUBJECT TO:1. All printed exceptions and conditions in the policy.2. All general and special taxes as shown in Item 6 below.3. The lien of supplemental taxes which may be assessed as a result of revised assessed values.4. Bond and/or Special Assessments not delinquent.5. Covenants, Conditions, Restrictions, Easements, Resen/ations now of record6. Exceptions Numbered: 1 -7 as shown on the Title Commitment dated September 4, 2018The receipt by escrow of all documents and monies required to transfer title in accordance with theseinstructions shall be deemed as sufficient indication that all contingencies and/or conditions contained in thePurchase Agreement by and between the within Buyers and Sellers have been removed, complied with, or willbe satisfied outside of escrow.These instructions are effective until revoked by any of the undersigned through written demand delivered toEscrow Holder. I hereby agree to pay all my proper costs and fees, including any adjustments, and requestyou to remit balance to me at the address shown below. Buyer's estimated settlement statement attachedhereto and made a part hereof.The undersigned acknowledges that the easement will be obtained and vested in the name of The City ofBozeman and as insured. The final title policy will be issued in the name of The City of Bozeman.All fees and compensation for obtaining the easement will be paid solely by Bozeman h4igh School District #7.Page 1 of 4 - 5/21/2019MLHC Buyer's Escrow Instmctions76
BUYER:CITY OF BOZEMAN, A MUNICIPALCORPORATION OF THE STATE OF MONTANABy:_Andrea Surratt, City ManagerBy:_Robin Crough, City ClerkRead and Approved:rnJteT^By:t^V\^^^/{oSliftr 3~. ^»A%B ^ ^/7K.Tti^'rK^^^'rMailing Address: yo/ t^>&ST /Y^^ d^v^s/yiA^. y^r~ ^9^/&~Phone: yoi • ^~Z7- ^^^ZReceived by Montana Title & Escrow, Inc.By:_ Date:_Email: ^T£U£.. "J^HT^Se.^ ^ SST>~). s/?6-Time:Page 2 of 4-5/21/2019MLHC Buyer's Escrow Instmctions77
Affiliated Business Arrangement Disclosure Statement NoticeTo: CITY OF BOZEMAN, A MUNICIPAL CORPORATION OF THESTATE OF MONTANAFrom: Montana Title & Escrow, Inc.Property: 301 North 15th Avenue, Bozeman, MT 59715Date: 5/30/2019Escrow Number: M-23889-CEV.di^A464018-1369-0This is to give you notice that Montana Title & Escrow, Inc. has a business relationship with Westcor Land TitleInsurance Company. The parent company of Montana Title & Escrow, Inc. holds a 29.14 percentage interest inthe shares of said company. Because of this relationship, this referral may provide Montana Title & Escrow,Inc. a financial or other benefit.Set forth below is the estimated charge or range of charges for the settlement services identified below. Youare NOT required to use the listed settlement service provider as a condition of the purchase, sale, orrefinance of the subject property. THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERSAVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOUARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES.Settlement Service: Title InsuranceSettlement Service Provider: Westcor Land Title Insurance CompanyCharge or Range of Charges:2006 ALTA Standard Owners Policy $301.00$0.00Total Estimated Charges:$301.00The Charge or Range of Charges is based upon the most currently available information provided to MontanaTitle & Escrow, Inc. concerning the purchase price of the subject property (if this is a sale transaction), theamount of the loan, and the service or product requested. If these figures change during the course of thetransaction, the charge or range of charges may also change.ACKNOWLEDGMENT1/we have read this disclosure form, and understand that referring party is referring me/us to purchase theabove-described settlement services may receive a financial or other benefit as the result of this referral.CITY OF BOZEMAN, A MUNICIPAL CORPORATION OF THE STATE OF MONTANABy:_Andrea Surratt, City ManagerBy:.Robin Crough, City ClerkRead and Approved:Bozemai^High School District #7iBy:^'SSWT ^/T t^A7-se>A/,^uf>ef^^7£^wi^J~Page 3 of 4 - 5/21/2019MLHC Buyer's Escrow Instructions78
Page 4 of 4-5/21/2019MLHC Buyer's Escrow Instructions79
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