HomeMy WebLinkAbout03-23-20 City Commission Packet Materials - C28. Temp Construction and RoW with Old Marsh Holdings 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 Old Marsh Holdings, 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 Old Marsh Holdings, 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
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Return to:Sanderson Stewart106 EastBabcockBozeman, MT 59715-y-^^M^^@^^.^w«s^^-^co.City of BozemanEngineering DivisionPublic Works DepartmentProject Name: Manley Road R/WProject No: 18092.08Parcel No: 24-1TEMPORARY CONSTRUCTION PERMITThe GRANTOR, Old Marsh Holdings, LLC, a Montana Limited Liability Company, whose address isP.O. Box 1167, Bozeman, Montana 59771-1167, 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, aMunicipal Corporation of the State of Montana, with offices at 121 North Rouse Avenue, BozemanMontana 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 12 in Block 1 of Gallatin Park Subdivision, City of Bozeman, Gallatin County, Montana,according to the official plat thereof on file and of record in the office of the County Clerk andRecorder in 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 Southeast corner of the permit herein described, being a point on the West right-of-way of Manley Road and the South line of Lot 12, said point of beginning; Thence, from saidpoint of beginning, N 89° 29' 09" W, 12.00 feet along the South line of Lot 12 to an existing utilityeasement; Thence, N 00° 18' 03" E, 12.43 feet along an existing utility easement; Thence, N 89°41' 57" W, 10.00 feet; Thence, N 00° 18'03" E, 20.00 feet; Thence, S 89° 41' 57" E, 10.00 feet toan existing utility easement; Thence, N 00° 18' 03" E, 71.30 feet along an existing utilityeasement to the North line of Lot 12; Thence, S 89° 29' 09" E, 12.00 feet along the North line ofLot 12 to the West right-of-way of Manley Road; Thence, S 00° 18'03" W, 103.73 feet along theWest right-of-way of Manley Road to the South line of Lot 12 and to the point of beginning, andcontaining 1,445 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 24-1. Said parcel, containing 1,445 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 RA/V18092.08Parcel 24-1344
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.OLD MARSH HOLDINGS, LLCName: Dennis J. SteinhauerTitle: MemberACKNOWLEDGMENT OF GRANTORState of Jl^fe*/y_County of f5<//<!^l)ss.-)On this '270dav of F^t-Kf/., 20^<? before me, the undersigned, a Notary Public in and for thesaid State, personally appeared' the GRANTOR, Dennis J. Steinhauer, a Member of Old Marsh^Holdings, LLC, a Montana Limited Liability Company, known to me to be the identical individual whoexecuted the foregoing instrument, who acknowledged to me that the individual executed the same as thefree and voluntary act of said GRANTOR, with full authority to do so and with full knowledge of itscontents, for the uses and purposes therein mentioned.IN WITNESS WHEREOF, I have hereunto set my hand and affixedabove written.official sethis daand/yearr^^-^WG^,^f^w^o^^e^,SEAL^^^Tl^"/'^o.f:»c:y7/'^hri;K»^vANTHONY GADDONotary PublicState of MontanaResiding at;Bozeman, MontanaMy Commission Expires;January 30, 20231Notary Signature/-ineNotary Print^Q NameNotary Public for the Styife ofResiding at:My Commission E/pires:// 20SANDERSON;STEWART^iPage 2 of 3Manley Road R/W18092.08Parcel 24-1345
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 Montana )) ss.County of Gallatin )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,above written.have hereunto set my hand and affixed my official seal this day and yearNotary Signature Line(Seal)Notary Printed NameNotary Public for the State ofResiding at:My Commission Expires:// 20SANDERSON;STEWART^SPage 3 of 3Manley Road R/W18092.08Parcel 24-1346
PREPARED FOR :PREPARED BY :EXHIBIT ATEMPORARY CONSTRUCTION PERMITWITHINLOT 12, BLOCK 1, OF THE GALU\TIN PARKSUBDIVISION, S36, T1S, R5E. P.M.M.CITY OF BOZEMAN JANUARY, 2020SANDERSONSTEWART® BOZEMAN, MONTANAILEXISTING PUBLICACCESS EASEMENT(DOC. #2507159)LOT 13h \\NPRIVATEOPENSPACE BL2-.IN>,^\L6.EXISTINGPROPERTY LINE(TYP)LOT 10PARCEL 24-1TEMPORARYCONSTRUCTIONPERMIT(1,445 SQFT.)LOT 11EXISTINGUTILITYEASEMENT-LL8FOBALEYROA^L1 N 89- 29' 09" W, 12.00 FEETL2 N 00" 18' 03" E, 12.43 FEETL3 N 89° 41' 57" W, 10.00 FEETL4 N 00° 18' 03" E, 20.00 FEETL5 S 89° 41' 57" E, 10.00 FEETL6 N 00" 18' 03" E, 71.30 FEETL7 S 89- 29' 09" E, 12.00 FEETL8 S 00' 18' 05" W, 103.73 FEET^30_03060SCALE:!" = 60'R/W LEGENDV/////A EXISTING ROAD R/WiU^iIgsgj NEW PERMIT AREAk;;^^^;^ AREA REMAININGMANLEY RD R/WPARCEL 24-118092_08_ROW EXHIBITS.DWG18092.081/6/2020 TG347
I^MM^w^^%^^City of BozemanEngineering DivisionPublic Works Department^%*5^^3^EProject Name: Manley Road R/WProject No: 18092.08Parcel No: 24-1MEMORANDUM OF AGREEMENTThis Memorandum of Agreement (the "Agreement") has been reached thisZ7^day of^.^•o^*^y , 20ZC> between Old Marsh Holdings, LLC, a Montana Limited Liability Company,(hereinafter the1 "GRANTOR"), the owner of Lot 12 in Block 1 of Gallatin Park Subdivision, City ofBozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the officeof the County Clerk and Recorder in Gallatin County, Montana, and the City of Bozeman, a MunicipalCorporation of the State of Montana (hereinafter the "GRANTEE"), for the purchase of said propertyinterest(s). The compensation amount to be paid and other considerations to be given in fuli satisfactionof this Agreement are as follows:Compensation:Parcel 24-1: Temporary Construction Permit1,445sq.ft.*Cost to cure:$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 RA/V18092.08Parcel 24-1348
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: ^ Temporary Construction Permit.Disbursement of funds will be made in the following manner:GRANTORAmount of PaymentOld Marsh Holdings, 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.OLD MARSH HOLDINGS, LLCDateName: Dennis J. SteinhauerTitle: Member: -Z^/Z^-z^I /CITY OF BOZEMANBy: Dennis TaylorInterim City ManagerATTEST:By: Mike MaasInterim City ClerkDate:Date:SANDERSON;STEWART^rPage 2 of 2Manley Road R/W18092.08Parcel 24-1349
•<»FIGURE 1PRELIMINARY RIGHT-OF-WAY ACQUISITIONWITHINLOT 12, BLOCK 1, OF THE GALLATIN PARKSUBDIVISION, S36, T1S, R5E, P.M.M.PREPARED FOR : CITY OF BOZEMAN JANUARY, 2020PREPARED BY : SANDERSON STEWART ^ BOZEMAN, MONTANAt-fssw•fISi»sc'aI••awJfcBEXISTINGPROPERTY LINE(TYP)KSJ1»:-»^'•&,?KlmyBfr Itrt;»» I aMMii"isJBae;,> ?^PARCEL 24-1 S,!TEMPORARY KB•;i CONSTRUCTIONI PERMITtt,4srv*8M^11•-,*' —T^Sg;lf•'»'Bas. [^@1@BalIQllr-3fL-;s^^^^s•^^w^;%^^^R^^^^;^.^^K^^^^K??^MANLEY ROAD<%^^^^^^2g^.^lj-N^^s@n^_-,*60300SCALE:!" = 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 24-118092_08_ROW EXHIBITS.DWG18092.081/6/2020 TG350