HomeMy WebLinkAbout03-23-20 City Commission Packet Materials - C24. Temp Construction and RoW with 795 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 795, 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 795, 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
313
^^Lg°g^-s^City of BozemanEngineering DivisionPublic Works DepartmentProject Name: Manley Road R/WProject No: 18092.08Parcel No: 21-1MEMORANDUM OF AGREEMENT»AThis Memorandum of Agreement (the "Agreement") has been reached this 7.f day of^fe'i^-'At^/ , 20^0, between 795, LLC, a Montana Limited Liability Company, (hereinafter the "GRANTOR"), tl^e owner of Lot 13 in Block 1 of the Gallatin Park Subdivision to the City of Bozeman,Gallatin County, Montana, according to the official plat thereof of record and on file in the records of theoffice of the County Clerk and Recorder, Gallatin County, Montana, and the City of Bozeman, aMunicipal Corporation of the State of Montana (hereinafter the "GRANTEE"), for the purchase of saidproperty interest(s). The compensation amount to be paid and other considerations to be given in fullsatisfaction of this Agreement are as follows:Compensation:Parcel 21-1: Temporary Construction Permit1,481 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^1Page 1 of 2Manley Road R/W18092.08Parcel 21-1314
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 GRANTOR and GRANTEE hereby agree that access to the property will be provided at all timesunless agreed to by both parties.8. The GRANTOR and GRANTEE agree that the GRANTEE will coordinate construction activities onthe GRANTOR'S property with regards to underground irrigation and landscaping activities prior toconstruction. The GRANTEE agrees to restore the impacted underground irrigation system andlandscaping areas back to their 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 uponexecution and delivery of a good and sufficient: [Kl Temporary Construction Permit.Disbursement of funds will be made in the following manner:GRANTORAmount of Payment795,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.795,LLCDate:Name: Dennis J. SteinhauerTitle: Member-2/^7/;T2^2^>CITY OF BOZEMANBy: Dennis TaylorInterim City ManagerATTEST:By: Mike MaasInterim City ClerkDate:Date:SANDERSON;STEWART^SrPage 2 of 2Manley Road R/W18092.08Parcel 21-1315
FIGURE 1PRELIMINARY RIGHT-OF-WAY ACQUISITIONWITHINLOT 13, BLOCK 1, OF THE GAL^TIN PARKSUBDIVISION, S36, T1S, R5E, P.M.M.PREPARED FOR : CITY OF BOZEMAN JANUARY, 2020PREPARED BY : SANDERSON STEWART ^ BOZEMAN, MONTANA^ss-<'"^'f'^^S?;s-nK^VV-fKf»•»tS^"s-I'll<9'ISr:L<«Es^~).<*ffEXISTINGPROPERTT LINE(TYP)»"•»I•Afcsif;3y-*^.IPARCEL 21-1 -^^{TEMPORARY^CONSTRUCTIONIPERMITB»:.WB?-1sa§•s, DO NOT DISTURB..£-'EXISTING3 CONCRETE PAD^s«B§:.&R- --i^a?^'"';,"- imnnT~"""Ti ^^^•••i^.'..';@^^^^^^•^^•^:-;^^^^^^^;%^^^.^1 ^y^^^^^^^^ss^MMANLEY ROADrt>-'.!^^'.<35:fi-^rr-_^^Q^=)..n2.3 - <LlL..A-—»--—s(^SCALE:!" =60'NOTES: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 21-118D92_08_ROW EXHIBITS.DWG18092.081 /6/2020 TG316
Return to:Sanderson Stewart106 EastBabcockBozeman, MT 59715^A^:•*•"?<-•yi-j;j-im/s.°^City of BozemanEngineering DivisionPublic Works DepartmentProject Name: Manley Road R/WProject No: 18092.08Parcel No: 21-1TEMPORARY CONSTRUCTION PERMITThe GRANTOR, 795, LLC, a Montana Limited Liability Company, whose address is P.O. Box 1167,Bozeman, Montana 59771-1167, for and in consideration of One and No/100 - Dollars, and other valuableconsideration, in hand paid, grants to the GRANTEE, the City of Bozeman, a Municipal Corporation ofthe State of Montana, with offices at 121 North Rouse Avenue, Bozeman Montana 59715, its successorsor assignees, an unrestricted Temporary Construction Permit in, over, under, along, through, and acrossthe following described real property located in Gallatin County, Montana:Lot 13 in Block 1 of the Gallatin Park Subdivision to the City of Bozeman, Gallatin County,Montana, according to the official plat thereof of record and on file in the records of the office ofthe County Clerk and Recorder, Gallatin County, Montana. (Plat Reference: J-300)Said temporary construction permit is depicted on Exhibit A attached hereto and moreparticularly described as:Beginning at the Northeast comer of the permit herein described, being a point on the West right-of-way of Manley Road and the North line of Lot 13, said point of beginning; Thence, from saidpoint of beginning, S 00° 18' 03" W, 123.38 feet along the West right-of-way of Manley Road tothe South line of Lot 13; Thence, N 89° 29' 09" W, 12.00 feet along the South line of Lot 13 to anexisting utility easement; Thence, N 00° 18' 03" E, 123.38 feet along an existing utility easementto the North line of Lot 13; Thence, S 89° 29' 09" E, 12.00 feet along the North line of Lot 13 tothe West right-of-way of Manley Road and to the point of beginning, and containing 1,481 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 21-1. Said parcel, containing 1,481 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 Manley Road R/WProject.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.SANDERSON;STEWART^rPage 1 of 3Manley Road R/W18092.08Parcel 21-1317
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.795, LLC, a Montana Limited Liability Company"NlSTffe: Dennis J. SteinhauerTitle: MemberACKNOWLEDGMENT OF GRANTORState of Me^ft!*^ }County of Gvtl^\ JOn this•ZT^ayof /c=?i'itill., 20Z? before me, the undersigned, a Notary Public in and for thee GRANTOR, Dennis J. Steinhauer, a Member of 795, LLC, a Montanato me to be the identical individual who executed the foregoingsaid State, personally appeared ViLimited Liability Company, knowninstrument, who acknowledged to me that the individual executed the same as the free and voluntary actof said GRANTOR, with full authority to do so and with full knowledge of its contents, for the uses andpurposes therein mentioned.IN WITNESS WHEREOF, I have hereunto set my hand and affix&above written.ANTHONY GADDO^"•"^^%^'..'^OTAfl^^.If^^K^^. SEAL .-^J^^^State of MontanaResiding at:Bozeman, MontanaMy Commission Expires:^January 30, 2023officialdaydtyseyearNotary Signature!]Notary Printe^KNameNotary Public for the Staji^ of.Residing at:My Commission Expires:^/2Q_SANDERSON;STEWART^rPage 2 of 3Manley Road R/W18092.08Parcel 21-1318
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 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:^/^/20_SANDERSON;STEWART^rPage 3 of 3Manley Road R/W18092.08Parcel 21-1319
t 'PREPARED FOR :PREPARED BY :EXHIBIT ATEMPORARY CONSTRUCTION PERMITWITHINLOT 13, BLOCK 1, OF THE GALLATIN PARKSUBDIVISION, S36, T1S. R5E, P.M.M.C\TT OF BOZEMAN JANUARY, 2020SANDERSONSTEWART^ BOZEMAN, MONTANA^LOT 14JLOT12^^\\EXISTINGPROPERTY LINE(TYP)Ld^/>-^A^/EXISTING PUBLICACCESS EASEMENT(DOC. ,((2507159)1-\\ >. \1\ \/Q^^1/KJ></\>EXISTING SEWEREASEMENT(DOC. jj!2164140)-K < Na_' V J>"-EXISTING SHAREDDRIVE ACCESSEASEMENT(PLAT J-300)I hN->>I k \<^HPARCEL 21-1TEMPORARYCONSTRUCTIONPERMIT(1,481 SQFT.)/_j^^ \<^/"I .\<EXISTINGUTILITYEASEMENTk^\cLJL3\c^^1-L1FOBANL0U S 00' 18' 03'L2 N 89' 29' 09L5 N 00" 18' 03'L4 S 89- 29' 09»)»nW, 123.38 FEETW, 12.00 FEETE, 123.38 FEETE, 12.00 FEET^NORTH3003060SCALE:!" = 60'R/W LEGENDV//////\ EXISTING ROAD R/WiSSiSSS NEW PERMIT AREAfc;;^^;^^ AREA REMAININGMANLEY RD R/WPARCEL 21-118092_08_ROW EXHIBITS.DWG18092.081/6/2020 TG320