HomeMy WebLinkAbout21- Easement Resoration Agreement - HCHT - Bridger View Redeveopment Property After recordin return to:
City of Bo man
121 N. Ouse Ave.
Boz an, Montana 59715
Return to: 2742696
City of Bozeman Page: 1 of 15 07/23/2021 01:35:51 PM Fee: $120.00
City Clerk Eric Semerad - Gallatin County, MT MISC
PO Box 1230 � ���� ������������
Bozeman, MT 59771-1230
EASEMENT RESTORATION AGREEMENT
This Easement Restoration Agreement (the "Agreement") is an agreement between the City of
Bozeman,a self-governing municipality operating pursuant to its Charter and the laws of the State
of Montana, with a mailing address of P.O. Box 1230, Bozeman, MT 59771 (the "City") and
Headwaters Community Housing Trust,with a mailing address of P.O.Box 12013,Bozeman MT
59719(hereinafter"HCHT"and together with the City the"Parties"). As used in this Agreement,
"HCHT"includes HCHT,its employees, agents, invitees, guests, contractors or subcontractors.
In consideration of HCHT's promises herein, and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged,the Parties agree as follows:
1. Proposed Utility Easement. The City is the owner of real property (the "City
Property") located in Gallatin County and more particularly described in the easement document
attached hereto as Exhibit A. HCHT requested the City grant the utility right-of-way easement
("Easement") attached as Exhibit A to Northwestern Corporation d/b/a NorthWestern Energy
along the western boundary of the City, adjacent to HCHT's real property proposed to be
developed as the Bridger View Redevelopment planned unit development (`Bridger View
Property"). The purpose and location of the proposed Easement is described in a letter by the
previous owner,Human Resource Development Council,and attached exhibit dated April 14,2020
(attached hereto as Exhibit B and by this reference made a part hereof). The City agrees to grant
the Easement to NorthWestern Energy subject to the terms and conditions of this Agreement.
2. Payment. HCHT agrees to pay the City one thousand five hundred and fifty dollars
($1,550.00), the value of the easement as determined by the Waiver Valuation dated August 24,
2020, attached hereto as Exhibit C,within thirty (30) days after execution of this Agreement.
HCHT Easement Restoration Agreement
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3. Obligation to Restore and Maintain City Property. Within thirty (30) days'
written notice from the City's Representative,HCHT agrees to restore any City property damaged
or disturbed by Northwestern Energy's installation,operation,maintenance,replacement,upgrade,
or removal of the utilities in the Easement area to its current condition as of the effective date of
this Agreement to the City Representative's satisfaction. The restoration required under this
Section includes the replacement of trees and vegetation removed or damaged by NorthWestern
Energy or HCHT in connection with the Easement. The location of replaced trees and vegetation
must not interfere with the rights granted to NorthWestern Energy by the Easement. In addition,
HCHT shall restore damage it causes to other public or private infrastructure adjacent to the City
Property to a condition as good or better than existed prior to HCHT's occupation of the City
Property. The City retains the right to approve any plans for and to inspect work done under this
Section.
4. License for Restoration and Maintenance Work. The City hereby grants
permission, revocable and terminable as provided herein, on the terms and conditions set forth
herein, to HCHT for HCHT's fulfillment of its restoration and maintenance obligations as
stated in this Agreement, which HCHT promises to comply with and abide by. Such
permission shall include HCHT's reasonable right of access to and from the Easement area
over the City property using existing roads and trails where practicable, for purposes of
fulfilling the obligations described in this Agreement.
5. Title. HCHT hereby acknowledges this Agreement grants a privilege and not an
interest in the City property and the title of the City to the City property, and HRDC agrees never
to deny such title or claim, at any time, or claim any interest or estate of any kind or extent
whatsoever in the City property by virtue of this Agreement or HCHT's occupancy or use
hereunder. The City may enter the City property at any time to assert its real property interest or
for other purposes which do not unreasonably interfere with the activities of the HCHT authorized
by this Agreement.
6. Indemnification/Insurance.
a. To the fullest extent permitted by law,HCHT,recognizing it exercises its privileges
under this Agreement at its own risk, shall release, and shall protect, defend,
indemnify, and hold harmless the City and its agents, representatives, employees,
and officers from and against any and all claims, demands, actions, fees and costs
(including attorney's fees and the costs and fees of expert witness and consultants),
losses, expenses, liabilities (including liability where activity is inherently or
intrinsically dangerous)or damages of whatever kind or nature connected therewith
and without limit and without regard to the cause or causes thereof or the negligence
of any party or parties that may be asserted against, recovered from or suffered by
the City, occasioned by, growing or arising out of or resulting from or in any way
HCHT Easement Restoration Agreement
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related to: (i) the occupation or use of the Property by HCHT; (ii) the negligent,
reckless, or intentional misconduct of the HCHT,its officers, employees, or agents
on or related to the Property; and (iii) any negligent, reckless, or intentional
misconduct of any of the HCHT's guests, invitees, contractors, or subcontractors
on or related to the Property. HCHT's indemnification obligations shall survive the
termination or expiration of this Agreement for the maximum period allowed under
applicable law.
Such obligation shall not be construed to negate, abridge, or reduce other rights or
obligations of indemnity that would otherwise exist as to an indemnitee described
in this Section. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the
indemnitee(s)which would otherwise exist as to such indemnitee(s).
HCHT's indemnity under this Section shall be without regard to and without any
right to contribution from any insurance maintained by City.
Should any indemnitee described herein be required to bring an action against the
HCHT to assert its right to defense or indemnification under this Agreement or
under the HCHT's applicable insurance policies required below the indemnitee
shall be entitled to recover reasonable costs and attorney fees incurred in asserting
its right to indemnification or defense but only if a court of competent jurisdiction
determines the HCHT was obligated to defend the claim(s) or was obligated to
indemnify the indemnitee for a claim(s) or any portion(s)thereof.
In the event of an action filed against the City,the City may elect to represent itself
and incur all costs and expenses of suit.
The obligations of this Section 6(a) shall survive termination of this Agreement.
b. In addition to and independent from the above, during the term of this Agreement
HCHT shall at HCHT's expense maintain those insurances as may be required by
City as set forth below through an insurance company or companies duly licensed
and authorized to conduct business in Montana which insures the liabilities and
obligations specifically assumed by the HCHT in Section 5(a). The insurance
coverage shall not contain any exclusion for liabilities specifically assumed by the
HCHT in Section 5(a).
HCHT Easement Restoration Agreement
Page 3 of 8
Within ten (10) days following execution of this Agreement, HCHT shall provide
City with proof of such insurance in the form of a certificate of insurance, the
insuring agreement and all applicable endorsements demonstrating that such
insurance is in full force and effect and shall provide such proof when requested by
the City thereafter during the term of this Agreement. The City may require
additional evidence of the nature and scope of the insurance required herein.
HCHT shall ensure such required insurance coverage is timely renewed so that
there is no lapse in coverage during the time such insurance must remain in place.
HCHT shall notify the City within two (2) business days of HCHT's receipt of
notice that any required insurance coverage will be terminated or HCHT's decision
to terminate any required insurance coverage for any reason.
The insurance and required endorsements must be in a form suitable to the City.
c. HCHT shall obtain the following type of insurance in the amount indicated:
• Workers' Compensation: not less than statutory limits; and
• Employers' Liability: $1,000,000 each occurrence; $2,000,000 annual
aggregate;
• Commercial Genek'al Liability: $1,000,000 per occurrence; $2,000,000
annual aggregate;
• Automobile Liability: $1,000,000 property damage/bodily injury;
$2,000,000 annual aggregate;
For liabilities assumed hereunder,the City, its officers, agents, and employees,
shall be endorsed as an additional or named insured on a primary non-
contributory basis on the Commercial General Liability and Automobile Liability
policies.
7. Termination. This Agreement may be terminated by mutual agreement of the
Parties in writing. This Agreement will expire upon the recorded release of the Easement by
NorthWestern Energy.
8. Nondiscrimination and Equal Pay. HCHT agrees that all hiring by HCHT of
persons performing this Agreement shall be on the basis of merit and qualifications. HCHT will
have a policy to provide equal employment opportunity in accordance with all applicable state and
federal anti-discrimination laws,regulations, and contracts. HCHT will not refuse employment to
a person,bar a person fiom employment, or discriminate against a person in compensation or in a
term, condition, or privilege of employment because of race,color,religion, creed,political ideas,
HCHT Easement Restoration Agreement
Page 4 of 8
sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity,
physical or mental disability, except when the reasonable demands of the position require an age,
physical or mental disability, marital status or sex distinction. HCHT shall be subject to and
comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code,
and all regulations promulgated thereunder.
HCHT represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, Montana Code Annotated
(MCA)(the Montana Equal Pay Act).HCHT must report to the City any violations of the Montana
Equal Pay Act that Seller has been found guilty of within 60 days of such finding for violations
occurring during the term of this Agreement.
HCHT shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
9. Amendment. Any amendment or modification of this Agreement or any provision
herein shall be made in writing or executed in the same manner as the original document and shall
after execution become a part of this Agreement.
10. Agreement to Run with the Land. HCHT's obligations under this Agreement
and the license granted by the City herein shall run with the land.
11. Waiver of Claims. HCHT waives all claims against City for injury to persons or
property from its use of the City Property except "responsibility for his own fraud, for willful
injury to the person or property of another, or for violation of law, whether willful or negligent"
as per 28-2-702, MCA.
12. Representatives. Notices required under this Agreement may be provided by
email or regular mail to the representatives identified in this Section.
a. City's Representative. The City Representative for the purpose of this Agreement
shall be Addi Jadin, Parks Planning and Development Manager, or their successor
or designee. Whenever approval or authorization from or communication or
submission to City is required by this Agreement, such communication or
submission shall be directed to the City's Representative and approvals or
authorizations shall be issued only by such Representative;provided,however,that
in exigent circumstances when City's Representative is not available, HCHT may
direct its communication or submission to other City personnel or agents and may
receive approvals or authorization from such persons.
HCHT Easement Restoration Agreement
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b. HCHT's Representative. The HCHT's Representative for the purpose of this
Agreement shall be Michael Brown, Executive Director, or their successor or
designee. Whenever direction to or communication with HCHT is required by this
Agreement, such direction or communication shall be directed to HCHT's
Representative; provided, however, that in exigent circumstances when HCHT's
Representative is not available,the City may direct its direction or communication
to other designated employees or agents of HCHT.
13. Permits. Unless otherwise agreed to in writing by the parties,HRDC shall provide
all notices, comply with all applicable federal, state, and local laws, ordinances, rules, and
regulations, obtain all necessary permits, licenses, and inspections from applicable governmental
authorities, and pay all fees and charges in connection therewith.
14. Intoxicants; DOT Drug and Alcohol Regulations. HCHT shall not permit or
suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, upon the City
property. HCHT acknowledges it is aware of and shall comply with its responsibilities and
obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug
and alcohol misuse prevention plans and related testing. The City shall have the right to request
proof of such compliance and HCHT shall be obligated to furnish such proof. The City may order
removal from the City property of any employee or agent of HCHT or any of its subcontractors
for use of intoxicants on the City property.
15. Liens and Encumbrances. HCHT shall not permit any liens or encumbrances to
be filed on the City property related to HCHT's use of the City property.
16. Dispute Resolution. Any claim, controversy, or dispute between the Parties, their
agents, employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the Parties,the Parties may invite an independent, disinterested mediator to assist in
the negotiated settlement discussions. If the parties are unable to resolve the dispute within thirty
(30) days from the date the dispute was first raised, then such dispute shall be resolved in a court
of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
17. Headings. The headings used in this Agreement are for convenience only and are
not be construed as a part of the Agreement or as a limitation on the scope of the particular
paragraphs to which they refer.
18. Waiver. A waiver by City of any default or breach by HCHT of any covenants,
terms,or conditions of this Agreement does not limit City's right to enforce such covenants,terms,
or conditions or to pursue City's rights in the event of any subsequent default or breach.
HCHT Easement Restoration Agreement
Page 6 of 8
19. Severability. If any portion of this Agreement is held to be void or unenforceable,
the balance thereof shall continue in effect.
20. Applicable Law. The Parties agree that this Agreement is governed in all respects
by the laws of the State of Montana. Jurisdiction for any dispute or claim raised under this
Agreement or proceeding brought to interpret the Agreement shall lie solely in the State of
Montana, Gallatin County.
21. Binding Effect: This Agreement is binding upon and inures to the benefit of the
heirs, legal representatives, successors, and assigns of the parties.
22. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party except the City.
23. Counterparts. This Agreement may be executed in counterparts, which together
constitute one instrument.
24. Authority. Each party represents that it has full power and authority to enter into
and perform this Agreement and the person signing this Agreement on behalf of each party has
been properly authorized and empowered to sign this Agreement.
25. Independent Contractor. The Parties agree and acknowledge that in the
performance of this Agreement HCHT shall not be considered an agent, representative,
subcontractor, or employee of the City. The Parties further agree that all individuals and
companies retained by HCHT at all times will be considered the agents,employees,or independent
contractors of HCHT and at no time will they be the employees, agents, or representatives of the
City.
26. Integration. Except as otherwise provided, this Agreement constitutes the entire
agreement of the Parties. Except as otherwise provided,covenants or representations not contained
therein or made a part thereof by reference, are not binding upon the parties. Except as otherwise
provided,there are no understandings between the parties other than as set forth in this Agreement.
Except as otherwise provided, all communications,either verbal or written,made prior to the date
of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
###########End of Agreement except for signatures ###########
HCHT Easement Restoration Agreement
Page 7 of 8
Executed this a t st day of��„l y , 2021.
CITY:
(W/—
e i elich, Bozeman City Manager
STATE OF MONTANA )
ss.
County of Gallatin )
This instrument was acknowledged before me on the 2/5"day o ,204 by
Jeff Mihelich, as City Manager for the Cjy of Bozeman, Montana.
FO�AR"'q4�1$
HEATHER BIENVENUE Notary Public otary Public for the State of Montana
<^for the State of Montana printed Name:
Residing at:bBozeman, Montana Residing in
My commission Expires:January 26,2022 My Commission Expires:
adwate Community Housing Trust:
ik4---
Michael Brown,Executive Director
STATE OF MONTANA )
ss.
County of Gallatin )
This instrument was acknowledged before me on the day of al j , 20a I by
Michael Brown, Executive Director for HCHT.
_J/)
MEAGAN BROWN Notary ublic or the State of Montana
LSE
NOTARY PUBLIC for the
STATE OF MONTANA Printed Name: VL(.,a�.�r:� o LL-V\
J R��g at Belgrade,Montana/// My Commission Expires
October g Residin in �i'3 z oC.e i,A
\
U
My Commission Expires:
HCHT Easement Restoration Agreement
Page 8 of 8
<�2I-HFpt\-Ma19-&bJer Y.Re+k.ebpment\DxC\S�r.al\23"e1-MI19 Ne E—i E.n 11..-&5 x 11 41 01•:020
EXHIBIT "A"
TO DESCRIBE A PROPOSED PUBLIC UTILITY EASEMENT
WITHIN A TRACT OF LAND OWNED BY THE CITY OF BOZEMAN(COB)
Described within Fm152Pg2244 of the records of the Gallatin County Clerk and Recorder Office in Bozeman,Montana.
Located in the South East One Quarter of Section 31,Township 1 South,Range 6 East,
Principle Meridian Montana,City of Bozeman, Gallatin County,Montana
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BRIDGER DRIVE
sBB1417T 1J0.49'
J0.41'
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CHD LGTH=252.74' Doc#2281
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CHD BRNG=SO4*28'43"E �I S Q� y�Q9 115
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LEGEND
COB Property Line EASEMENT ACREAGE SUMMARY III
Adjoining Property Line EASEMENT AREA WITH EXISTING UTILITIES 10714 sq.ft. rc U
Proposed Easement Line ——————__ EASEMENT AREA WITHOUT EXISTING UTILITIES 2116 sq.ft. a
z
Existing Easement Line TOTAL EASEMENT AREA: 12830 sq.ft. o
0
Underground Communication UGC
Overhead Electric Line OHE one lfro LOCATION
9A111 One call a on this map
Power Pole ore from o Btt One call and only represent
a'approximate location of the underground 80 40 0 80
Communication Pedestal IM e
IN FEET
EXHIBIT"A"
��\NEEA/y STAHLY ENGINEERING & ASSOCIATES CITY OF BOZEMAN °E9c�.+Pugh
PROFESSIONAL ENGINEERS&SURVEYORS PROPOSED PUBLIC UTILITY EASEMENT DRAW. a n,ya
STAHLY DAM-CHEC ED:April Poo
www.se(ieng.com DATE: C.P al zozo
STORY MILL ROAD AREA
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c(4D6)442-&594 Pnma(ae)5s2-952e ONTIER: CITY OF BOZEMAN.MONTANA PAS PAanx(Me)001-4&55 Fpc(109)442-855] F"c(109)522-952e
F—(4osMa1-met 1 OF 1
BUILDING A
COMMUNITY
April 14, 2020
0
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Mitch Reister
s v Director of Public Works
mreister@bozeman.net
( ) Dear Mitch:
c Please accept this letter and exhibit as a formal request to establish a 20-foot wide public utility
easement for existing and proposed utilities on the City-owned strip of land (formally railroad
.mac right-of-way)generally located west of Story Mill Road and south of Bridger Drive.
As you know,the Bridger View Redevelopment Preliminary Planned Unit Development(PUD)
and Preliminary Plat applications are currently in review.This new neighborhood is designed to
resourcefully address a gap at the heart of our collective well-being — paths to homeownership
for median-earning Bozeman families and community members. During the early planning
phases,the civil survey revealed that existing overhead power lines and buried communication
lines cross over from the City-owned property and cut diagonally across the northeast corner of
the former trailer park. HRDC would like to propose a partnership with the City of Bozeman to
allow a public utility easement to be located on this City-owned abandoned railroad right-of-
way.As part of the neighborhood improvements, HRDC agrees to bury the overhead power line
and relocate the buried communication lines in the new easement where they are directly
adjacent to the Bridger View property.
This public utility easement will serve several important civic purposes including:
1) To allow existing community-serving utilities(power and communications)to be better
documented and secured in a formal public utility easement.As shown on the attached
exhibit,the total easement area would be 12,830 square feet. Of that total, 10,714
square feet, or 83.5 percent, is already encumbered by existing utilities, leaving only
2,116 square feet of additional area.
2) To improve future access to service the utilities within the new easement. Note that
Northwestern Energy and communications companies would only have to coordinate
with one entity—the City of Bozeman— rather than seven individual property owners
plus a homeowner's association for maintenance.
3) To visually enhance the area by burying the power lines and
406.587.4486
planting additional buffer trees on the Bridger View property
which will complement upcoming improvements to Story Mill helloes thehrdc.org
Road and the Story Mill Spur Trail. 32 South Tracy
Bozeman, Montana 59715
HRDC
BUILDING A BETTER COMMUNITY
BUILDING A
COMMUNITY
4) To better meet the City's stated goals related to cultivating a sustainable environment.
uIn addition to the many sustainable aspects of the overall neighborhood related to
density, energy-efficiency,water conservation resilience etc. the easement will
E Y� ,
specifically allow HRDC to plant more vegetation within the future east yards that
border the City-owned strip of land. Furthermore, a buried line requires less
j\l maintenance due to environmental events such as ice storms and better contributes to
City-wide resiliency efforts.
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° 5) To better meet the City's stated goals related to affordable housing—in a compact
r neighborhood, every inch counts.This easement would be a tangible example of the
City committing to the Community Housing Action Plan by using partnerships to help in
the creation of a community land trust that serves to create homes for Bozeman's
"missing middle."
Please refer to the attached exhibit and let us know if you need any additional information or
would like to discuss this potential partnership in more detail. Thank you.
Sincerely,
Tracy Menuez
Associate Director, HRDC IX, Inc.
406.585.4890
CC: Bozeman City Commission, agenda@bozeman.net
Karen Stambaugh, KStambaugh(@bozeman.net
Marty Matsen, mmatsen@bozeman.net
Tom Rogers,trogers@bozeman.net
Cammy Dooley, cammy.dooley@northwestern.com
Jared Phillips,iared.phillips@charter.com
406.587.4486
hello@thehrdc.org
32 South Tracy
Bozeman, Montana 59715
HRDC
BUILDING A BETTER COMMUNITY
Cx41 (Rii t-
Project Name: HRDC Bridger
Bridger View Redevelopment View Redevelopment
HRDC, Bozeman, MT Project No: 20083
Parcel No: 1-1
WAIVER VALUATION
OWNERSHIP INFORMATION
Property Owner: City of Bozeman
Property Address: Story Mill Rd. and Bridger Dr. (SW Corner of Intersection)
Property Location: Bozeman, MT
PROPETY INFORMATION
Present Use: Open Space Highest and Best Use: Residential Development
Zoning Authority: City Zoning Classification: R-4 (Residential High
Density District
Property Size (Before): 0.989 acres Improvements: N/A
ACQUISITION INFORMATION
Partial Acquisition: ® Full Acquisition: ❑
Area to be Acquired
Parcel No. Area(sq.ft.) Fee Perm. Easement Temp. Permit
Parcel 1-1 Utility Ease. 2,116* ❑ ® ❑
Area only includes portion of easement without existing utilities on subject property shown on Exhibit A
DESCRIPTION OF ACQUISITION:
Permanent property rights to utilize portions of the subject property for a public utility easement have been
requested by the Human Resources Development Council District IX, Inc. (HRDC), the owner of the
adjacent tract of land west of the subject property. A 20-foot wide easement along the west line of the
subject property was requested for existing and proposed public and private utilities as part of HRDC's
redevelopment project (see Exhibit A attached).
The present use of the subject property is as open space with a pedestrian trail. Subsequent research on
the subject property did not locate a formal agreement or easement requiring the use and/or dedication of
the pedestrian trail or open space. It has been assumed the pedestrian trail could be relocated into the
existing road right-of-way and the property can be developed following current development codes.
VALUATION ANALYSIS:
The subject property has been valued as if raw, vacant land that is available for the highest and best use.
The data for the subject property and comparable sales was verified by an external field inspection and
desk review. This is a simplified valuation report, and as such, contains summary discussions of the data,
reasoning and analysis that were used to develop the opinion of value.
The Sales Comparison approach was utilized to determine the land value of the subject property. The
Sales Comparison approach is recognized as the most appropriate and reliable method for estimating the
value of land such as the subject property. Research of the local real estate market was conducted to
document recent sales information for properties similar to the subject property. The comparable sales
information utilized to develop the opinion of value of raw, vacant land similar to the subject property is
detailed below:
S A N D E R S O N HRDC Bridger Redevelopmentiew
S T E WA R T lt0v Page 1 of 3 20083
Parcel 1-1
COMPARABLE SALES INFORMATION
Comp. Parcel# Subject 1 2 3
MLS# -- 303891 220744 301416
Property Address TBD Story Mill Rd 3315 Story Mill Rd 1055 Caddie Ct. TBD St Andrews
Bozeman, MT Bozeman, MT Bozeman, MT Bozeman, MT
Zoning Authority City City City City
Zoning R-4 R-3 R-3 R-3
Current Use Vacant Open Vacant Vacant Vacant
Space Residential Residential Residential
Date of Sale -- 12/28/2017 7/6/2018 9/19/2019
Sales Price -- $159,000 $125,000 $135,000
Size (acres) 0.989 0.643 0.777 0.856
Indicated $/sq.ft.1 -- $6.72 $4.23 $3.87
Adjusted for current market conditions
The comparable sales data range from $3.87 per sq.ft. to $6.72 per sq.ft. The average value of the three
comparable parcels is $4.94 per sq.ft. The access and zoning of the subject is similar to all three
comparable parcels, however Comparable 3 is slightly removed from Story Mill Road. The subject exhibits
a slightly larger parcel size than the comparables and is adjacent to two main arterial roads. The subject
parcel is located adjacent to the Story Mill Park while the three comparable parcels are adjacent to Bridger
Creek Golf Course. Given all these factors, the indicated market value of the subject property is estimated
to be $5.16 per sq.ft. for unencumbered vacant land with similar property characteristics as just
compensation for the acquisition of vacant land in fee.
Additional considerations for existing site characteristics of the subject property were evaluated to adjust
the property value due to the subject property's shape in comparison to the comparable parcels. The
subject parcel's shape is narrower than the comparable parcels, making a potential development slightly
more difficult, affecting the value of the land.
After evaluation of the comparable sales, factoring in existing site characteristics of the subject parcel, a
factor of 70% was applied. Given all these factors, the indicated market value of the subject property is
estimated to be $3.61 per sq. ft. for property with this zoning, size, shape, and use as just compensation
for the fee acquisition of vacant land.
Easements grant specific rights on a piece of land to another entity for specific uses, but do not transfer
title of the land. Compensation for easement interests is determined as a percentage of the fee value
(100% acquisition value) based on the level to which the acquired interest limits/encumbers the use of the
property by the owner. For permanent utility easements with underground infrastructure, the owner retains
much of the use of the impacted land and is valued at 20% of the fee value.
VALUATION CALCULATION:
COMPENSATION
Item Calculation Detail Compensation
Parcel 1-1: 2,116 sq.ft. x$3.61 per sq.ft. x 20% _ $ 1,528
Subtotal: $ 1,528
Cost to Cure: None $ 0
Total Compensation ': $ 1,550
Rounded to nearest$50 increment.
$500 minimum with permanent easements.
HRDC Bridger View
S A N D E R S O N (ft Redevelopment
S T E WA R T Page 2 of 3 20083
Parcel 1-1
Date of Inspection: August 18, 2020 Prepared By:
Date of Valuation: August 24, 2020 Tony Gaddo, PE, REALTOR®
Right-of-Way Specialist
Date Approved: Approved By:
Berning Project Management, LLC.
Name:
Title:
HRDC Bridger View
SA N D E R S O N (a Redevelopment
S T E WA R T Page 3 of 3 20083
Parcel 1-1
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EXHIBIT "A"
TO DESCRIBE A PROPOSED PUBLIC UTILITY EASEMENT
WITHIN A TRACT OF LAND OWNED BY THE CITY OF BOZEMAN(COB)
Described within Fm152Pg2244 of the records of the Gallatin County Clerk and Recorder Office in Bozeman,Montana.
Located in the South East One Quarter of Section 31,Township 1 South,Range 6 East,
Principle Meridian Montana,City of Bozeman, Gallatin County,Montana
IN
BRIDGER DRIVE
58874'17'E 130..49'
30.41'
20.01 1T..
SS �_SS
2116 sft of No 6o.D
F
sting Utilities In l ,
COB property. 0 1
+I o
Location where
Existing Utilities l
Leave COB Property
EXISTING o oiler x
ROAD R/W '� GD a N°Q��jA I NO a 6J
(TYP) o�ELyp a�0°NQ°" o n �OGo, g9
N��Q D6 G o l M v C GOS
0o d to z
Nl ~ L�
LjL,
00 l L 1n
lot s
5 Q a
w qq��
A� 00 l O 6
Z c5 I n 0LJ
h
Proposed 20' Wide s .DO, 150.0 '
Public Utility Esmt.
n ~ N
z
10714 sft. of
PC/PT l o O y
Existing Utilities In 2 .00' llrl 3D.D,
COB Property.
�5 HILLSIDE LANE
R=1449.56' I I r (60' ESMT)
A=010'00'09" 11 i X
L=253.06' { l wl o U n
CHD BRNG=SO4*24'27"E { Existing
l l CHD LGTH=252.74' 90' ESMTDOC#2281
R=1429.56'
A=010*08'56" I Ao� of CiO13
L=253.22'
CHD BRNG=SO4'28'43"E I �o1fellry9titi COS
CHD LGTH=252.89' S. F l 15.
T 140 25g7 l
'OS N 20.33' 11 I l
58912' "
109 7i'
C4°cw\Ale9 N'e
0 VI
LEGEND
COB Property Line EASEMENT ACREAGE SUMMARY
Adjoining Property Line EASEMENT AREA WITH EXISTING UTILITIES 10714 sq.ft.
1`
Proposed Easement Line ———————— EASEMENT AREA WITHOUT EXISTING UTILITIES 2116 sq.ft. g
Existing Easement Line TOTAL EASEMENT AREA: 12830 sq.ft. _
Underground Communication UGC
Overhead Electric Line -OHE- UTILITY LOCATION NOTE:
The Existing utilities shown on this map
re.from a 811 One Fail and only represent
Power Pole �) n PProximote local(..of the under d
utillties. g`°°° 80 40 0 80
Communication Pedestal
IN FEET
EXHIBIT'A"
d\NEEy STAHLY ENGINEERING & ASSOCIATES CITY OF BOZEMAN DE9GNED J Pv9h
PROFESSIONAL ENGINEERS&SURVEYORS PROPOSED PUBLIC UTILITY EASEMENT ORAMN: J Pugh
A p1ELxE0:
STAHLY www.seaeng.com Pod
STORY MILL ROAD AREA DATE prR D],2020
�, lgfg 2223 MONTANA AVE, 1530 CENTENNIAL DR. 851 BRIDGER DR,STE,1 (DEED FM152PG2244)
STE.201 HELENA.MT 59601 B02EMAN,MT 59715 PACE
'v6('JAt� BIUNGS.MT 59101 Phonc(4a)442-11594 Phmc(b6)522-952e OYPNER: CITY OF BOZEMAN,MONTANA
( )001-4055 Faz(406)442-6557 F—(406)522-9526 1 OF 1
F—(406)601-4062