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HomeMy WebLinkAbout03-09-20 City Commission Packet Materials - C7. Temp Constr Permit and ROW w Megenthaler Family LLC SID747Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Kellen Gamradt, Engineer II Shawn Kohtz, City Engineer SUBJECT: Authorize the City Manager to sign a Temporary Construction Permit and Right-of-Way documents with Mergenthaler Family, LLC for improvements to Manley Road between Griffin Avenue and city limits (Special Improvement District 747). AGENDA ITEM TYPE: Consent MEETING DATE: March 9, 2020 RECOMMENDATION: Authorize the City Manager to sign a Temporary Construction Permit and Right-of-Way documents with Mergenthaler Family, LLC for improvements to Manley Road between Griffin Avenue and city limits (Special Improvement District 747). BACKGROUND: On February 11, 2019, the Commission adopted Resolution 4955, created Special Improvement District 747 for the purpose of improving Manley Road from the intersection of Griffin Drive to the northern boundary of the Gallatin Park Subdivision. In order to carry out that direction it is necessary to acquire the Right-of-Way described herein. 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. The valuations used for these acquisitions were performed under the direction of Sanderson Stewart. UNRESOLVED ISSUES: None. FISCAL EFFECTS: The total cost of these acquisitions is $500.00 which will be paid for using special improvement district no. 747 funds. ALTERNATIVES: As suggested by the City Commission. 38 Attachments: Cover Letter, Memorandum of Agreement, and a Temporary Construction Permit 39 SANDERSON^I STEWART' February 25, 2020 City ofBozeman c/o Kellen Gamradt, PE 20 East OUve St. Bo2eman,-3 MT59715 Reference: Manley Road R/W Acquisition and 31-1 Closing for Parcels 3-1, 12-1, 19-1, 27-1, 28-1, Dear Mr. Ganuadt: We've completed the agreement with the owners of Parcels 3-1, 12-1, 19-1, 27-1, 28-1, and 31-1 for the Manley Road Improvement project. To be able to execute the agreement and close on the acqmsition, the City needs to sign the attached documents where indicated and prepare 6 checks with the exact amount specified in each agreement. The checks should be made out to: Parcel Check Payable to: Check amount: 3-1 12-1 Mergenthaler Family, LLC $500.00 19-1 Map Brewing LLC $1,300.00 M532MT, LLC $250.00 Justm A. Lind, D/B/A Ink Outside the Box $250.00 27-1/28-1 | Melvin L. HiJJraan and Saadra L. Hillman $1,000.00 31-1 Manley Road, L.L.C. $500.00 Please have the completed checks sent to Sanderson Stewart along with the original signed documents. The attached documents need to be signed (notarized as applicable) by the City and returned to Sanderson Stewart. The documents have been fully signed by the property owners where required. The City is required to sign the Memorandum of Agreements (5) and Temporary Construction Permits (6; notarized). Once the City completes the signing of the attached documents, I will proceed with closing out the agreements for these parcels. The permits will be recorded, a copy of the final documents will be delivered to the property owner along with the check, and the original documents will be returned to the City. At that point, the agreements will be fuUy executed. Billings Bozeman Denver Fort Collins SandersonStewart.com SANDERSONSTEWART 40 •and we're just getting starte<l Kellen Ganuadt, PE February 25, 2020 Page 2 If you have any questions or would like to discuss these documents m more detail, please feel free to contact me via email (tgaddo@sandersonstewart.com) or phone 406 [ 922-4304. Smcerely, Tony Gaddo, PE, REALTOR® Senior Engineet Right-of-Way Specialist TG Eac. 41 ^ «1 y^p -i-1 ^ ^ « ^ ^ ^^ •^/* co s°? .1.. City of Bozeman Engineering Division Public Works Department Project Name: Manley Road R/W Project No: 18092.08 Parcel No: 3-1 MEMQRANDUJVLQF AGREEMENT ^ This Memorandum of Agreement (the "Agreement") has been reached this I1 day of fekwe,^\ ^ , 2020, between Mergenthaler Family, LLC, a Montana Limited Liability Company, (hereinafter the "GRANTOR"), the owner of Lot 2 of Minor Subdivision No. 154, a tract of land being a portion of Certificate of Survey No. 157, situated in the SW14 of Section 31, Township 1 South, Range 6 East, P.M.M., Gallatin County, Montana, and the City of Bozeman, a Municipal Corporation of the State of Montana (hereinafter the "GRANTEE"), for the purchase of said property interest(s). The compensation amount to be paid and other considerations to be given in full satisfaction of this Agreement are as follows: Compensation: Parcel 3-1: Temporary Construction Permit 11,111 sq.ft.* Cost to cure: None $500^ $0 * Figure 1 Considerations: Total (rounded) $500.00 1. In consideration of the payments herein set forth and the specific agreements to be performed by the parties hereto and written in this Agreement, the parties bind themselves to the terms and conditions stated 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. If GRANTOR sells their remaining property prior to the project being constructed, GRANTOR agrees to provide the purchasers) with a copy of this entire Agreement and agree to make the sale of their remaining property subject to all the terms and conditions contained in this Agreement. GRANTOR agrees that they will, at the GRANTEE'S request, execute deeds and/or easements required by for all real property agreed to be conveyed by this Agreement. 2. 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 GRANTOR. 3. This Agreement 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. 4. The GRANTOR 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 GRANTOR agrees to discharge the same. 5. 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. SANDERSON; STEWART^Sr Page 1 of 2 Manley Road RA/V 18092.08 Parcel 3-1 42 6. The property transfer shall be effective upon acceptance by GRANTOR and GRANTEE, evidenced by the execution of this Agreement by the GRANTOR and GRANTEE and payment of the compensation amount. 7. The GRANTOR and GRANTEE agree that the GRANTEE will coordinate construction activities on the GRANTOR'S property with regards to underground irrigation activities prior to construction. The GRANTEE agrees to restore the impacted underground irrigation system back to its original condition as much as practical upon completion of the project. 8. The GRANTOR and GRANTEE agree that the GRANTEE will remove and replace two existing trees on the GRANTOR'S property, as shown on Figure 1, at the GRANTEE'S expense. Of the total amount of compensation hereinabove agreed upon, the sum of $500.00 shall be paid upon execution and delivery of a good and sufficient: ^ Temporary Construction Permit. Disbursement of funds will be made in the following manner: GRANTOR Amount of Payment Mergenthaler Family, LLC $500.00 The GRANTOR 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. MERGENTHALER FAMILY, LLC By: Bobcat Family, LLC, a Montana Limited Liability Company Its: Manager ^ By: Dav^y L. M^g^i'thaler Its: Member ^ CITY OF BOZEMAN By: Dennis Taylor Interim City Manager ATTEST: Date: By: Mike Maas Interim City Clerk Date: SANDERSON; STEWARTaSr Page 2 of 2 Manley Road R/W 18092.08 Parcel 3-1 43 0 j^ in a- tO Q: LO §0 5 r.s 'I- ^v =Pi °1 u.^ ^ < z Q; 2 0 ^ z 3: 0 LO ^ Q m =) LO D: Q- 0 rsl 5 p < ^ z ^ p i< I I 0 ^ < N 0 CD 0 a; p d UJ ^ Q; Ld tt: CL < §N s z 0 v» £ < 0 </» s 0 Ld ^ c^ Return to: Sanderson Stewart 106 EastBabcock Bozeman, MT 59715 ^Bo^., is^^y^ I i I „...„..•;; City of Bozeman Engineering Division Public Works Department PrpjectName: Manley Road R/W | Project No: 18092.08 Parcel No: 3-1 TEMPORARY CONSTRUCTION PERMIT The GRANTOR, Mergenthaler Family, LLC, a Montana Limited Liability Company, whose address is 3438 Blue Heron St., Helena, Montana 59601, for and in consideration of One and No/100 - Dollars, and other valuable consideration, in hand paid, grants to the GRANTEE, 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, an unrestricted Temporary Construction Permit in, over, under, along, through, and across the following described real property located in Gallatin County, Montana: Lot 2 of Minor Subdivision No. 154, a tract of land being a portion of Certificate of Survey No. 157, situated in the SW1/4 of Section 31, Township 1 South, Range 6 East, P.M.M., 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. Said temporary construction permit is depicted on Exhibit A attached hereto and more particularly described as: Beginning at the Southwest comer of the permit herein described, being a point on the East right- of-way of Manley Road and the North right-of-way of Griffin Drive, said point of beginning; Thence, from said point of beginning, N 00° 13' 46" E, 559.78 feet along the East right-of-way of Manley Road; Thence, N 21° 09' 35" W, 54.84 feet along the East right-of-way of Manley Road to the West line of Lot 2; Thence, N 00° 13' 45" E, 57.62 feet along the East right-of-way of Manley Road and the West line of Lot 2; Thence, S 19° 25' 25" E, 110.01 feet; Thence, S 00° 13' 46" W, 565.00 feet to the North right-of-way of Griffin Drive; Thence, N 89° 17' 27" W, 17.00 feet along the North right-of-way of Griffin Drive to the East right-of-way of Manley Road and to the point of beginning, and containing 11,111 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 of this instrument and designated as Parcel 3-1. Said parcel, containing 11,111 square feet, more or less, is hereby temporarily provided to the GRANTEE, 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 Manley Road R/W Project. SANDERSON; STEWART^r Page 1 of 3 Manley Road R/W 18092.08 Parcel 3-1 45 Upon completion of said project for which access is hereby provided, the GRANTEE shall restore the property as nearly as possible to its original condition. The GRANTEE agrees to hold GRANTOR harmless from any and all liability that may result or arise from the exercise of the rights granted hereby. GRANTOR hereby covenants with GRANTEE that GRANTOR has good title to the above-described tract of land and covenants that GRANTEE shall have quiet and peaceable possession thereof and use thereof during the period of this Temporary Construction Permit. This Temporary Permit 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 permit shall expire and be of no force and effect. MERGENTHALER FAMILY, LLC, a Montana Limited Liability Company By: Bobcat Family, LLC, a Montana Limited Liability Company Its: Manager By: D^fffy L. t\^ef Its: Member / < ^ haler ACKNOWLEDGMENT OF GRANTOR State of CALlfO^iA-) County of ^egSlp^) ) ss. On this 11 day of fTEB^^^/ , 202.0, before me, the undersigned, a Notary Public in and for the said State, personally appeared the GRANTOR, Danny L. Mergenthaler, Member of Bobcat Family, LLC, a Montana Limited Liability Company, manager of Mergenthaler Family, LLC, a Montana Limited Liability Company, known to me to be the identical individual who executed the foregoing instrument, who acknowledged to me that the individual 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 above written. his day and year (Seal) I < z 1 ETHEL M. VIRUENA Notory Public • California Rlvenide County | Comml»»ioni»2156l95 S Comm. Expires Apr 23, 2020 Notary Signature Line EW^ ^\. \j^\^tsjA~ Notary Printed Name Notary Public for the State of <3!\UTOi2r>J^A Residing at: ^AU^ Q^E^ ^ My Commission Expires: OA / <Z2> / 20 ZO SANDERSON; STEWART^S1 Page 2 of 3 Manley Road R/W 18092.08 Parcel 3-1 46 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 Interim City Manager and Interim 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 By: Dennis Taylor Interim City Manager ATTEST: By: Mike Maas Interim City Clerk State of Montana County of Gallatin ) )ss. ) The foregoing instrument was acknowledged before me this day of -, 20_ by Dennis Taylor and Mike Maas, known to me to be the Interim City Manager and Interim City 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. 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