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Home My WebLink About03-23-20 City Commission Packet Materials - C23. Temp Construction and RoW with 395 Gallatin Park Drive LLC for Manley Rd SID747 Commission 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 395 Gallatin Park Drive, LLC for improvements to Manley Road between Griffin Avenue and city limits (Special Improvement District 747). AGENDA ITEM TYPE: Consent MEETING DATE: March 23, 2020 RECOMMENDATION: Authorize the City Manager to sign a Temporary Construction Permit and Right-of-Way documents with 395 Gallatin Park Drive, 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 which will be paid for using special improvement district no. 747 funds. ALTERNATIVES: As suggested by the City Commission. Attachments: Cover Letter, Memorandum of Agreement, and a Temporary Construction Permit 304 \^a-f.I5'.^-<rCity of BozemanEngineering DivisionPublic Works DepartmentProject Name: Manley Road R/WProject No: 18092.08Parcel No: 29-1MEMORANDUM OF AGREEMENTThis_ Memorandum of Agreement (the "Agreement") has been reached this 2.7^ day of^e\j^t^j^ , 20_Z^ between 395 Gallatin Park Drive, LLC, a Montana Limited LiabilityCorporation, (hereinafter the "GRANTOR"), the owner of Lot 7 in Block 3 of Gallatin Park Subdivision,located in the NE 14 and SE % of Section 36, Township 1 South, Range 5 East, P.M.M., City of Bozeman,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 tobe paid and other considerations to be given in full satisfaction of this Agreement are as follows:Compensation:Parcel 29-1: Temporary Construction Permit2,281 sq.ft.*Cost to cure: None$500$0* 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 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 City Manager on behalfof the Public Works Department.SANDERSON;STEWART^rPage 1 of 2Manley Road R/W18092.08Parcel 29-1305 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.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:GRANTORAmount of Payment395 Gallatin Park Drive, LLC$500.00The 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 inaccordance with the above.395 GALLATIN PARK DRIVE, LLC^ame:Title: U^<s^^fme .^^ Gi^^ntle V^V^C^^Date: o^ 7^0^^Date: ^ t/^7JCITY OF BOZEMANBy: Dennis TaylorInterim City ManagerATTEST:By: Mike MaasInterim City ClerkDate:Date:SANDERSON;STEWART*SrPage 2 of 2Manley Road R/W18092.08Parcel 29-1306 FIGURE 1PRELIMINARY RIGHT-OF-WAY ACQUISITIONWITHINLOT 7, BLOCK 3, OF THE GALU\TIN PARKSUBDIVISION, S36. T1S, R5E. P.M.M.PREPARED FOR : CITY OF BOZEMANPREPARED BY SANDERSON STEWART <JANUARY, 2020BOZEMAN, MONTANAelt^I-:r-rfL^iffl-,<^t ."1•*,1:f»s»'<EXISTINGPROPERTY«lLINEt(TYP)'i•M; 71f,.msI•"/^•1 ,%Ld->iwr• if*—, ^%Ck:RisL-i" IQ-4=-•^PARCEL 29-1TEMPORARYCONSTRUCTIONPERMIT^^.4<-f\J%'^Q;<!\(«,;•.Q_.1li.••;<I DO NOT DISTURBi EXISTING FENCEgi»113rff<I0titq1J+ftA,(,'^•I^A<'-'.—-^-^"?.-:.;.-:.;i^«..?%-.'^^-»!-.;^«:gps.'Rg.t^'&.fc^^MANLEY ROADm^w«•X-X-Hi^2002040SCALE:!" = •10'NORTHNOTES:1. AERIAL IMAGE LOCATIONS AREAPPROXIMATE AND MAY NOT BE EXACT.2. NEW PROJECT IMPROVEMENT LOCATIONSARE PRELIMINARY AND ARE SUBJECT TOCHANGE.3. DO NOT DISTURB EXISTING TREES UNLESSNOTED OTHERWISE.MANLEY RD R/WPARCEL 29-118092_08_ROW EXHIBITS.DWG18092.081/6/2020 TG307 treturn to:%n&ons^arf106EastBabBSSernacockn^M^7l5^fe^?ui^I'Z'*s^.,5'pro^ctN^,'^^r0^parc'"No.2<,;;~^^^^%s^-£a^-;::°:::'^1^iyoflentftse'°ro°ie^^s"SSi§S?facilitj,s'^£%y@pa9e 1 of 4308 >i<^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 hold GRANTOR harmlessfrom 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 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.395 GALL^ARK DRIVE, LLC, a Montana Limited Liability CorporationName:Title;£n^^^£^~^me: 'S^^ ^:/e^;^ ^^t^~ACKNOWLEDGMENT OF GRANTORState of Moi^.01 )County of 6^/4Av».) ss.-)On this 2-7'said State,t*tday ofF^i^personallyt^Ctx U^^., 20^, before me, the undersigned, a Notary public in and for theappeared the GRANTOR, ^yie^^^ame f^^ _^ the;, a Montarta^of 395 Gallatin Park Driv^LLC(a Limited LiabilityCorporation, known to me to be the identical individual who executed the foregoing instrument, whoacknowledged to me that the individual executed the same as the free and voluntary act of saidGRANTOR, with full authority to do so and with full knowledge of its contents, for the uses and purposestherein mentioned.IN WITNESS WHEREOF,above written.I have hereunto set my hand and affixejiiiii.inii.i.*<NY"^"^ ANTHONY QADDO/^•^ofARi^'o'^foT thfe'State of Montana.-^j _ Residing at:d^.SUAL.^s' Bozeman, Montana'^'nciifK^ My Commission Expires;''<PF(AO^^'"ilnii.i'.Wf"My Commission Expires;January 30, 2023officialthis day"dyseyearLinegnareNotary Panted NameNotary Public for the/State of.Residing at:My Commissior/Expires:/^/20SANDERSON;STEWART^rPage 2 of 4Manley Road R/W18092.08Parcel 29-1309 •/<sACKNOWLEDGMENT OF GRANTORState of l4<o»ffo>Wt )County ofc^lUft^) ss.JOn thissaid State,/^^^2.7'-day ofpersonallytt><i^te^^appeared, 20t4? before me, the undersigned, a Notary Public yi and for the"the "GRANTOR,_ "St^<€^e '^r^a^H _, the^:sfnaof 395 Gallatin Park Drive, LLC, a Montana Limited LiabilityCorporation, known to me to be the identical individual who executed the foregoing instrument, whoacknowledged to me that the individual executed the same as the free and voluntary act of saidGRANTOR, with full authority to do so and with full knowledge of its contents, for the uses and purposestherein mentioned.IN WITNESS WHEREOF, I have hereunto set my hand and affixeabove written.my officialthisdandalsyar^ONy^. ^SypNYGADDO'^'.'nTAB^^. -- ^^Notary pub"<=I ^' ^..^oTAfl/^..o -| for (he State of MontanaI *n. S-R'AT, ;* I ^ _ Residing at:^0&AL,^ . Bozema"."^o"ntanaS^y My Commission Expires:January 30, 2023Notary Signature Line/Notary PrintecNotary Public for the St§,t6 of.Residing at:ameMy Commission Spires:// 20SANDERSONiSTEWART^SrPage 3 of 4Manley Road R/W18092.08Parcel 29-1310 <-T,, .CERTIFICATE OF ACCEPTANCEThllS 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 ofBozeman, hereby accepts for public purposes, the real property, or interest therein, described in thisinstrument and consents to the recordation thereof:CITY OF BOZEMANBy: Dennis TaylorInterim City ManagerATTEST:By: Mike MaasInterim City ClerkState of MontanaCounty of Gallatin) ss.day of_, 20_ byThe foregoing instrument was acknowledged before me thisDennis Taylor and Mike Maas, known to me to be the Interim City Manager and Interim City Clerk for theCity of Bozeman and the persons whose names are subscribed to this instrument, and acknowledged tome that they executed the same for and on behalf of the City of Bozeman.IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and yearabove written.Notary Signature Line(Seal)Notary Printed NameNotary Public for the State of.Residing at:My Commission Expires:// 20SANDERSON;STEWART^rPage 4 of 4Manley Road R/W18092.08Parcel 29-1311 PREPARED FORPREPARED BY :LOT 10EXHIBIT ATEMPORARY CONSTRUCTION PERMITWITHINLOT 7, BLOCK 3, OF THE GALLATIN PARKSUBDIVISION, S36. T1S, R5E, P.M.M.CITY OF BOZEMANSANDERSONSTEWARTiJANUARY, 2020BOZEMAN, MONTANALJ>Q^^Q00^Q^<^Q_\1r\1<LOT11h<^\0^^^x1^_JL4FOBMANLEY ROADLOT 6EXISTINGLANDSCAPEEASEMENTEXISTINGPROPERTY LINE(TYP)^^\\\\\\s\-PARCEL 29-1 \ \ ^ \'^TEMPORARY \\^\\ CONSTRUCTION \ \ > \\PERMIT \ \ ^ \\ \ (2,281 SOFT.) \ \ ^ \\\ \ \ \/\ EASEMENT \ \\ \ \ \ ^\ \ \^\ \ \ \ ^\\REM. OFCOS 19B8\ ^llj-j"^"^))LI N 89° 29' 09':L2 N 00- 56' 09"L5 S 89' 16' 50"L4 S 00' 56' 09'?)»W, 12.00 FEETE, 190.10 FEETE, 12.00 FEETW, 190.06 FEET^NOHTH3003060SCALE: 1"= 60'R/W LEGENDV/////A EXISTING ROAD R/WBBSBiBU NEW PERMIT AREAfc^;:;^^;^ AREA REMAINING1B092_08_ROW EXHIBITS.DWGMANLEY RD R/WPARCEL 29-118092.081/6/2020 TG312