HomeMy WebLinkAbout03-09-20 City Commission Packet Materials - C8. Temp Constr Permit and ROW w M532MT LLC and Justin A Lind 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 M532MT, LLC and
Justin A. Lind 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 M532MT, LLC and
Justin A. Lind 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.
49
Attachments: Cover Letter, Memorandum of Agreement, and a Temporary Construction
Permit
50
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
51 •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.
52
7ZS*<
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City of Bozeman
Engineering Division
Public Works Department
Project Name: Manley Road R/W
Project No: 18092.08
Parcel No: 19-1
MEMORANDUM OF AGREEMENT
This. Memorandum of Agreement (the "Agreement") has been reached this 2t/r~ day of
f^lti^e,-^ _, 20Zo, between M532MT, LLC, a Montana Limited Liability Company, and JUSTIN
vfL
^
A. LIND, D/D/6/b/A , INK OUTSIDE THE BOX, (hereinafter the "GRANTORS"), the owners of Lot 14 in Block
1 of Gallatin Park Subdivision, City of Bozeman, Gallatin County, Montana, according to the plat thereof
on file and of record in the office of the County Clerk and Recorder, 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 19-1: Temporary Construction Permit 1,478sq.fi*
Cost to cure:
$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.
GRANTORS certify that any known encumbrances on the property are shown on this Agreement. If
GRANTORS sell their remaining property prior to the project being constructed, GRANTORS agree 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. GRANTORS
agree 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 GRANTORS.
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 GRANTORS hereby agree 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 GRANTORS agreesto 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.
SAN(DERSON;
STEWART*Sr
Page 1 of 2
Manley Road R/W
18092.08
Parcel 19-1
53
6. The property transfer shall be effective upon acceptance by GRANTORS and GRANTEE, evidenced
by the execution of this Agreement by the GRANTORS and GRANTEE and payment of the
compensation amount.
7. The GRANTORS and GRANTEE agree that the GRANTEE will coordinate construction activities on
the GRANTORS' 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.
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
M532MT, LLC
JUSTIN A. LIND, D/B/A INK OUTSIDE THE BOX
$250.00
$250.00
The GRANTORS certify 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.
M532MT, LLC (Deed Owner)
•^. |l4^Afl^^—J^532/^r Date: 2./2-4/2-o2^>
Namec^Jancy R. MacPherson U-C
Title: Member
JUSTIN A. LIND, D/B/A INK OUTSIDE THE BOX (Contract for Deed Owner)
^ ^-r7^y ^^c. 2-2^-^
n A. Lind
CITY OF BOZEMAN
By: Dennis Taylor
Interim City Manager
ATTEST:
By: Mlike Maas
Interim City Clerk
Date:
Date:
SANDERSON;
STEWART^1 Page 2 of 2
Manley Road R/W
18092.08
Parcel 19-1
54
FIGURE 1
PRELIMINARY RIGHT-OF-WAY ACQUISITION
WITHIN
LOT 14, BLOCK 1, OF THE GALU\TIN PARK
SUBDIVISION, S36. T1S, R5E, P.M.M.
PREPARED FOR : CITl/ OF BOZEMAN
PREPARED BY SANDERSON STEWART <
JANUARY, 2020
BOZEMAN, MONTANA
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TEMPORARY
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<^ 30 0 30 60
SCALE:!" =60'
NOTES:
1. AERIAL IMAGE LOCATIONS ARE
APPROXIMATE AND MAY NOT BE EXACT.
Return to:
Sanderson Stewart
106 EastBabcock
Bozeman, MT 59715
^ ^
^ ;T
u City of Bozeman
Engineering Division
Public Works Department
Project Name: Manley Road R/W
Project No: 18092.08
Parcel No: 19-1
TEMPORARY CONSTRUCTION PERMH-
The GRANTORS, M532MT, LLC, a Montana Limited Liability Company, whose address is 1110 South
Tracy Avenue, Bozeman, Montana 59715, and JUSTIN A. LIND, D/B/A INK OUTSIDE THE BOX, whose
address is 301 Gallatin Park Drive, 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 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 14 in Block 1 of Gallatin Park Subdivision, City of Bozeman, Gallatin County, Montana,
according to the plat thereof on file and of record in the office of the County Clerk and Recorder,
Gallatin County, Montana. (Plat Reference: J-300)
Said temporary construction permit is depicted on Exhibit A attached hereto and more
particularly described as:
Beginning at the Southeast corner of the permit herein described, being a point on the West right-
of-way of Manley Road and the North right-of-way of Gallatin Park Drive, said point of beginning;
Thence, from said point of beginning, N 89° 29' 09" W, 12.00 feet along the North right-of-way of
Gallatin Park Drive to an existing utility easement; Thence, N 00° 18' 03" E, 123.19 feet along an
existing utility easement to the North line of Lot 14; Thence, S 89° 29'09" E, 12.00 feet along the
North line of Lot 14 to the West right-of-way of Manley Road; Thence, S 00° 18' 03" W, 123.19
feet along the West right-of-way of Manley Road to the South right-of-way of Gallatin Park Drive
and to the point of beginning, and containing 1,478 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 19-1. Said parcel, containing 1,478 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 RAV
Project.
SANDERSON;
STEWART^1 Page 1 of 4
Manley Road R/W
18092.08
Parcel 19-1
56
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 GRANTORS harmless
from any and all liability that may result or arise from the exercise of the rights granted hereby.
GRANTORS hereby covenants with GRANTEE that GRANTORS 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.
M532MT, LLC, a Montana Limited Liability Company (Deed Owner)
-it-^^. M^/^2.
Name: ^Incy R. MacPherson
Title: Member
-r^^z./nr^LC.
/
JUSTIN A. LIND, D/B/A INK OUTSIDE THE BOX (Contract for Deed Owner)
A^ind, ^O^^T^i ^f^V^ 6o^>^y. D6A V^O^'^^ ^ -^
ACKNOWLEDGMENT OF GRANTORS
f
State of ^iio^-fztM^ }
County of
) ss.
-)
On this 2^/^day of peljWK,^vf , 20!0, before me, the undersigned, a Notary Public in and for the
said State, personally appeared the GRANTOR, Nancy R. MacPherson, a member of M532MT, 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
above written.
s^'^^Rl^c0^
ANTHONY GADDO
Notary Public
^ T.'^o'rAfl^/.0^ for the State of Montana
1*:. CP'AT \:*1 ^-_Residinoatl
(^ Si^ALj^-^ ^gg^pjian, Montana
nr.-.T*^^ MY Commission Expires:
''"^.K'^" ' January 30, 2023
<ed my official al IS /ar r
Tbtary Signature L^ie
Notary Printer Name
Notary Public for the St^ of.
Residing at:
My Commission E^ires: / J2Q_
SANDERSON;
STEWART^1
Page 2 of 4
Manley Road RA/V
18092.08
Parcel 19-1
57
State of lAAo^^\ }
County of ^?
) ss.
J
T^-
^c^o ^ ^cJ^^ ^.A^^ 63-f^ , ^
On this _Z^ldayof '^^vfv^\ , 20^° before me, the undersigned, a Notary Public in and for the
said State, personally appeared the GRANTOR, JUSTIN A. LIND^D/B/A INK OUTSIDE THE BOX,
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 my official seal this d^y and year
above written.
--^^^
^^iMllifllff ".'".. ANTHONY GADDO
^W-G^ """^,^1^
I ^^oTAflAi^^ for the.^8S)Jof Montana
; .: • . :.. :: Residing at;
^•.SLAL,^ Sozeman, Montana
-^ . • • • :^'iy Mv Commission Expires;
^OFN^^ "" January 30; 2023
Notary Signaturq/Line
__
"'"7<;,,;^"
Notary Printed Name
Notary Public for the State of
Residing at: _^
My Commission Expires:
/
/ /20_
Page 3 of 4
Manley Road RW
18092.08
Parcel 19-1
58
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.
IN WITNESS WHEREOF,
above written.
have hereunto set my hand and affixed my official seal this day and year
Notary Signature Line
(Seal) Notary Printed Name
Notary Public for the State of.
Residing at:
My Commission Expires: J ^ /20_
SANDERSON;
STEWART^1 Page 4 of 4
Manley Road R/W
18092.08
Parcel 19-1
59
PREPARED FOR :
PREPARED BY :
EXHIBIT A
TEMPORARY CONSTRUCTION PERMIT
WITHIN
LOT 14. BLOCK 1. OF THE GALU\TIN PARK
SUBDIVISION, S56, T1S, R5E, P.M.M.
CIFi/ OF BOZEMAN
SANDERSONSTEWARTi
JANUARY, 2020
BOZEMAN, MONTANA
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PARCEL 19-1
TEMPORARY
CONSTRUCTION
PERMIT
(1,478 SOFT.)
I
LOT 13
4
OAD
L1 N 89' 29' 09' t»
L2 N 00- 18' 03"
L3 S 89- 29' 09"
L4 S 00- 18' 03"
W, 12.00 FEET
E, 123.19 FEET
E, 12,00 FEET
W, 123.19 FEET
(^ 30 0 30
SCALE:!" = 60'
60
R/W LEGEND
V//77//\ EXISTING ROAD R/W
JiB;Bafiii NEW PERMIT AREA
fc^^^^^l AREA REMAINING
MANLEY RD R/W
PARCEL 19-1
1B092_08_ROW EXHIBITS.DWG 18092.08 1 /6/2020 TG
60
2. NEW PROJECT IMPROVEMENT LOCATIONS
ARE PRELIMINARY AND ARE SUBJECT TO
CHANGE.
3. DO NOT DISTURB EXISTING TREES UNLESS
NOTED OTHERWISE.
MANLEY RD R/W
PARCEL 19-1
18092_08_ROW EXHIBITS.DWG 18092.08 1/6/2020 TG
55