HomeMy WebLinkAbout03-23-20 City Commission Packet Materials - C26. Temp Construction and RoW with MEGASPACE 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 MEGASPACE 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 MEGASPACE 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
329
^^ ^M•<:^^^^iSf,-CO.^'V'City of BozemanEngineering DivisionPublic Works DepartmentProject Name: Manley Road R/WProject No: 18092.08Parcel No: 16-1MEMORANDUM OF AGREEMENThas been reached this^.dayofThis , Memorandum of Agreement (the "Agreement")b^'o^,^^ , 20?9 between MEGASPACE, a partnership, (hereinafter the "GRANTOR"), theowner of Lot ^ in Block 2 of Gallatin Park Subdivision, located in the NE1A and SE1/4 of Section 36,Township 1 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, and the City ofBozeman, a Municipal Corporation of the State of Montana (hereinafter the "GRANTEE"), for thepurchase of said property interest(s). The compensation amount to be paid and other considerations tobe given in full satisfaction of this Agreement are as follows:Compensation:Parcel 16-1: Temporary Construction Permit3,989 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 purchaser(s) 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^S1Page 1 of 2Manley Road R/W18092.08Parcel 16-1330
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: Kl Temporary Construction Permit.Disbursement of funds will be made in the following manner:GRANTORAmount of PaymentMEGASPACE$500.00The GRANTOR certifies that there are no known hazardous materials on the property being acquired.The terms of this Agreement are understood and assented to by us and payment is to be made inaccordance with the above.MEGASPACE, a partnershipBy: Clayton R. SchubertIts: Authorized Agent for Megaspace, a PartnershipCITY OF BOZEMANBy: Dennis TaylorInterim City ManagerATTEST:Date:By: Mike MaasInterim City ClerkDate:SANDERSON;STEWART^1Page 2 of 2Manley Road R/W18092.08Parcel 16-1331
FIGURE 1PRELIMINARY RIGHT-OF-WAY ACQUISITIONWITHINLOT 1, BLOCK 2, OF THE GALLATIN PARKSUBDIVISION, S36, T1S, R5E. P.M.M.PREPARED FOR : CITY OF BOZEMANPREPARED BY SANDERSON STEWART iJANUARY, 2020BOZEMAN, MONTANAE<se?"m»Mf,»i1\'>^1, f"' >1°•3»x^i^>$ft^z^v^mB!NSFRLROW>*•^•m^'.^3,:^"<»,!•.fs.?EXISTINGPROPERTY"<?mLINEPARCEL 16-1TEMPORARYCONSTRUCTIONPERMIT(TYP)!»DO NOT DISTURBEXISTINGBUSINESS SIGNI.T •- .-NOT DISTURBEXISTING FENCE^^DO NOT DISTURBEXISTING LANDSCAPING,^£,. '" Lf.........^,.^'-, ^^ss&.A^_._iaBa_..__._w_^^'&^^^^^^^^^-K^^^^^^»^^j^7.1.<;.i^K^sNEW STAIRS ANDHANDRAILS^%^m.<--.^;;.:•'•:•;-?^?-•-';ry®•^ar@-':1i^S.^fi's/-^^£^MANLEY ROAD=$^^^^^^%^^?^^ -.-^*-r7"TTs®.-^aassiy,^VM^KS'^^.sr-L£^ ••S£L:. ••....::^*.^.-.^'h:fy^~^avs^.%^t»V '^e.•s,^HORTHSCALE:!" = 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 16-118092_08_ROW EXHIBITS.DWG18092.081 /6/2020 TG332
Return to:Sanderson Stewart106 EastBabcockBozeman, MT 59715^City of BozemanEngineering DivisionPublic Works DepartmentProject Name: Manley Road R/WProject No: 18092.08Parcel No: 16-1TEMPORARY CONSTRUCTION PERMITThe GRANTOR, MEGASPACE, a partnership, whose address is 3202 East Foothill Boulevard,Pasadena, California 91107, 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 1 in Block 2 of Gallatin Park Subdivision, located in the NE1/4 and SE1^ of Section 36,Township 1 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana. (PlatReference J-300)Said temporary construction permit is depicted on Exhibit A attached hereto and moreparticularly described as:Beginning at the Northeast corner of the permit herein described, being a point on the West right-of-way of Manley Road and the North line of Lot 1, said point of beginning; Thence, from saidpoint of beginning, S 00° 18' 03" W, 294.08 feet along the West right-of-way of Maniey Road toan existing gas easement; Thence, N 89° 26' 10" W, 12.00 feet along an existing gas easementto an existing utility easement; Thence, N 00° 18' 03" E, 162.00 feet along an existing utilityeasement; Thence, N 89° 41' 57" W, 15.00 feet; Thence, N 00° 18'03" E, 20.00 feet; Thence, S89° 41' 57" E, 15.00 feet to an existing utility easement; Thence, N 00° 18' 03" E, 92.07 feet alongan existing utility easement to an existing reciprocal access easement; Thence, N 89° 29'09" W,8.00 feet along an existing reciprocal access easement; Thence, N 00° 18' 03" E, 20.00 feet tothe North line of Lot 1; Thence, S 89° 29' 09" E, 20.00 feet along the North line of Lot 1 to theWest right-of-way of Manley Road and to the point of beginning, and containing 3,989 sq.ft., moreor 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 16-1. Said parcel, containing 3,989 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.SANDERSON;STEWART^SrPage 1 of 3Manley Road R/W18092.08Parcel 16-1333
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.MEGASPACE, a partnership/-^~By-Clayton R. SchubertIts: Authorized Agent for Megaspace, a PartnershipACKNOWLEDGMENT OF GRANTORState of IAA^C^^^) }County of _G^^M_) ss.-)(A _ ^On this ^^ day of [-^l^^-^^^said State,^, 20^ before me, the undersigned, a Notary Public in and for thethe GRANTOR, Clayton R. Schubert, Authorized Agent forpersonally appearedMEGASPACE, a partnership, known to me to be the identical individual who executed the foregoinginstrument, 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 affixabove written.officisealdaytmyad year.^^Y"^.^O^Y'G^ ANTHONY GADDO"1Notary PublicI' ^•'^of^Ri^-o gTSPt^e State of MontanaI*'CP'AT :*I „ Residing at:(^•.OI^AL.-^-^ Bozeman, Montana^r,,-\:,^/^ My Commission Expires;January 30, 2023'^&^fNotary SignqlljreTineNotary P/nted NameNotary Public for the/State of .Residing at:My Commission/Expires: _ / _ / 20SANDERSON;STEWART^S1Page 2 of 3Manley Road R/W18092.08Parcel 16-1334
<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 WhlEREOF, 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^1Page 3 of 3Manley Road R/W18092.08Parcel 16-1335
•^ ;PREPARED FOR :PREPARED BY :EXHIBIT ATEMPORARY CONSTRUCTION PERMITWITHINLOT 1, BLOCK 2, OF THE GALLATIN PARKSUBDIVISION. S36, T1S, R5E, P.M.M.CITf OF BOZEMANSANDERSON STEWART®, \JANUARY, 2020BOZEMAN, MONTANABNSF/MRL ROWEXISTINGPROPERTY LINE(TYP)EXISTING GAS.EASEMENT(101BK173)^\^ \ \_\ ,\ \ \ \ \EXISTING\ \ \ RECIPROCAL \N^~^l \ACCESS EASEMENT•(PLAT J-300)\\\\\\\\\\\\\s.\^,-\\\\\\\\\\\\\\\Nl\^'\\\\\\\\\\\\\\\\^\\\\\\\\\\\\\\\\\\^\X \ >-pARCEL 16-1 N\\\\\\\\^\ <OT 2^A/\ TEMPORARY \\\\\\\\\^\^ |^ \ X/A \ ^^^TRUCT'° ^ \ ^i'isu^ -[: \ -J ['\ \ \ \ V\ \ \ (3,989 SQFT.) \ \/\ \\\\\\Y\\ \ \ \ \/\ ^XNSXX^^^ '^Afe^< x^vxxv^^l^IIBCDs \ \ \ \-\, \ Noo"U:/\ ^. \ \ \ \^( \ \ YJ\ \\ \ \ \ ^j|^cs-'^ \ \\ ^^\\ NOG;V|.|-..^^^^^IZ.^.^.^jBalo—L1POBMANLEY ROADLIL2L3L4L5L6L7L8L9L10sN00"89-N 00-N 89'N 00'18' 03;26' 1018' 031141'18'5703»»»sNNN89-00-89-00-S 89"41' 57"18' 03"29' 09"18' 05"29' 09'n))W, 294.08 FEETW, 12.00 FEETE, 162.00 FEETW, 15.00 FEETE, 20.00 FEETE, 15.00 FEETE, 92.07 FEETW, 8.00 FEETE, 20.00 FEETE, 20.00 FEET•^30030GOSULE:1"=60'R/W LEGEND\///////> EXISTING ROAD R/WBJBBiS NEW PERMIT AREAfc^^^^^l AREA REMAININGMANLEY RD R/WPARCEL 16-118092_08_ROW EXHIBITS.DWG18092.081/6/20ZO TG336