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HomeMy WebLinkAbout22 - Right-of-way Agreements - DDS Investments, LLC - Public Use Easement and Temporary Construction Permit �oFBO � Project Name: Griffin Dr-RAN Acq. City of Bozeman Project No: 18092.12 'I. Engineering Division Public Works Department Parcel No: 32-1 & 32-2 RIGHT-OF-WAY AGREEMENT This Right-of-Way Agreement (the "Agreement") has been reached this ZZV%d day of ✓A ( , 20Z2, between DDS Investments, LLC, a Montana Limited Liability Company (hereinafter the "GRANTOR"), the owner of Sub-Tract 7 of Mays Tract, a suburb of the City of Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana, less and excepting any portion of said property as described in quitclaim deed to the Montana Department of Transportation, recorded August 4, 2015 as document no. 2520429, official records, 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 to be paid and other considerations to be given in full satisfaction of this Agreement are as follows: Compensation: Parcel 32-1: Public Use Easement 2,519 s .ft.* $24,625.00 Cost to cure: New Business Pole Sin $25,060.10 Subtotal rounded $49,700.00 Parcel 32-2: Temporary Construction Permit 6,025 s .ft.* $500.00 Cost to cure: None N/A Administrative Settlement $2,463.00 .Figure 1 Total (rounded) $52,663.00 Considerations: 1. In consideration of the payments herein set forth and the specific agreements to be performed by the parties hereto and written in this Agreement, the parties bind themselves to the terms and conditions stated 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. If GRANTOR sells their remaining property prior to the project being constructed, GRANTOR agrees to provide the purchaser(s) with a copy of this entire Agreement and agree to make the sale of their remaining property subject to all the terms and conditions contained in this Agreement. GRANTOR agrees that they will, at the GRANTEE'S request, execute deeds and/or easements required by for all real property agreed to be conveyed by this Agreement. 2. Taxes and special assessments, if any, delinquent from former years, and taxes and special assessments 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 real estate, and there are no promises, terms, conditions or obligations referring to the subject matter hereof, other than as contained herein. 4. The GRANTOR hereby agrees that the compensation herein provided to be paid includes full compensation for their interest and the interests of their life tenants, remaindermen, reversioners, Griffin Dr-R/W Acq. S A N D E R S O N (0, Page 1 of 3 18092.12 S T E WA R T Parcel 32-1 &32-2 liens and lessees, and any and all other legal and equitable interest that are or may be outstanding and said GRANTOR agrees to discharge the same. 5. This Agreement shall be deemed a contract extending to and binding upon the parties hereto and upon the respective heirs, devisees, executors, administrators, legal representatives, successors and assigns of the parties, only when the same shall have been approved by the City Manager on behalf of the Public Works Department. 6. The property transfer shall be effective upon acceptance by GRANTOR and GRANTEE, evidenced by the execution of this Agreement by the GRANTOR and GRANTEE and payment of the compensation amount. 7. The GRANTOR and GRANTEE agree that the GRANTEE will remove the existing business sign at the GRANTEE'S expense with the GRANTEE'S project (as shown on Figure 1). Further, both parties agree the GRANTEE will remove the existing sign pole bases and electrical service to the electrical box/meter. 8. The GRANTOR and GRANTEE agree that the GRANTOR will be responsible for completing all tasks necessary to install the new cantilevered business sign including preparing and finalizing the sign permit through the City of Bozeman. The GRANTEE agrees they have reviewed the preliminary sign permit worksheet and accompanying sign design proof and cost estimate and have provided preliminary approval of the layout (permit, proof, and estimate attached). Of the total amount of compensation hereinabove agreed upon, the sum of$52,663.00 shall be paid upon execution and delivery of a good and sufficient: ® Public Use Easement and ® Temporary Construction Permit. Disbursement of funds will be made in the following manner: GRANTOR Amount of Payment DDS Investments, LLC $52,663.00 The 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 in accordance with the above. DDS INVESTMENTS, LLC Date: �v? Name: A tegq -,-✓ Title: lM�� Griffin Dr-R/W Acq. S A N D E R S O N Page 2 of 3 18092.12 S T E WA R T Parcel 32-1 &32-2 CITY OF BOZEMAN C),4� ALU Date: -�� - �vaa B fie helich Ciw Man ger ATTEST: `"l i 6 5 Date: S -a6 aoaa ,TrN co:' By: Mike Maas City Clerk Griffin Dr-R/W Acq. S A N D E R S O N OP Pa Page 3 of 3 grc STEWART 132-1 &32-2 FIGURE 1 RIGHT—OF—WAY ACQUISITION WITHIN TRACT 7, MAYS TRACTS, LOCATED IN S6, T2S, R6E, M.P.M. PREPARED FOR CITY OF BOZEMAN MARCH, 2021 PREPARED BY SANDERSON STEWART BOZEMAN, MONTANA I e I I T PARCEL 32-1 PUBLIC USE I I I I EASEMENT (2,519 SQ.FT.) REMOVE EXISTING BUSINESS SIGN - z I APPROXIMATE NEW Ii SIGN LOCATION c�a I � I I EXISTING EASEMENT FOR ROADWAY INGRESS & EGRESS L — PER WARRANTY DEED #394737, —I- Bk. 200 Deeds, Pg, 1801 PARCEL 32-2 -rrk AM/ln A nv Estimate No. 21889 SIGNS OF MONTANA Estimate Printed On 2/28/2022 Sanderson Stewart u� .�I WORLD SIGN Acct#: 8295 ASSOCIATES �� NORTHWEST e Attn: Tony Gaddo -� Terms: 50/o Down/COD 106 East Babcock Street Suite L1 Phone: (406)922-4304/ Bozeman, MT 59715 Fax: (406)_- E-Mail: tgaddo@sandersonstewart.c om Prepared For Tony Gaddo, 1. A 50% deposit is required on all orders to go to production. 2. Balance is due at the time the project is completed. 3. A monthly interest rate of 1.5%will be charged on all balance due. 4. This bid is good for 30 days from date of issue. Estimate Description Story Distributing Co./Casey's Corner LED double face illuminated cantilevered pylon sign with pole cover.Cabinet&pole cover painted white. Primary electrical power to sign location is the responsibility of others. Product Code Sides Color Quantity Vert Horiz Depth Price @ Total: MISC 1 Colored 1.00 156.00 84.00 18.00 $ 18,584.73 $18,584.73 Description Story Distributing Co./Casey's Corner LED double face illuminated cantilevered pylon sign with pole cover. Cabinet&pole cover painted white. Cabinet will be built with a divider bar. Cabinet will have 2"retainers. Primary electrical power to sign location is the responsibility of others. Product Code Color Quantity Vert Horiz Depth Price @ Total: Labor-Truck&cre Installation 1.00 0.00 0.00 0.00 $6,125.37 $6,125.37 Description Labor fees-Truck and crew, 2 guys (price includes marking&calling for locates, excavation of sign base, setting&planting j-bolts,pouring concrete&installation of pole sign. Primary electrical power to sign location is the responsibility of others.) Product Code Sides Color Quantity Vert Horiz Depth Price @ Total: Sign Permit 1 Sign Permits 1.00 0.00 0.00 0.00 $0.00 $0.00 Description City/County Sign Permits-charged at actual cost from the city/county. (price added to final invoice) Product Code Sides Color Quantity Vert Horiz Depth Price @ Total: Sign Permit 1 Acquisition Fe 1.00 0.00 0.00 0.00 $350.00 $350.00 Description Permit Acquisition Fee-staff time to obtain city sign permits Notes: Sub-Total $25,060.10 Sales Tax $0.00 Shipping $0.00 Total: $25,060.10 Yours Sincerely, WehcteptCredt Cards furPayment; VISA t: '�5 DISC40VER Mathew McCallum 400 Bryant Bozeman, Mt 59715 Phone:406-586-8326 Fax:406-585-9737 (sales@signsofmontana.com) Page 1 of 1 "1302 E MA N MT Community Development SIGN PERMIT WORKSHEET SIGN PERMIT PROCEDURE A sign application is required when a sign is placed, constructed, erected, or modified on a property. All signs must be consistent with the requirements of the Bozeman Municipal Code (BMCI 38.560.To obtain a sign permit, this worksheet and associated checklist items must be completed along with an electronic submission for a Building Permit. Apply for the building permit using the online portal. Once the building permit application has been approved and paid, a link will be emailed to the applicant to upload plans via ProjectDox. • Worksheet 1: Allowable Building Sign Area (required for all permits) • Worksheet 2: Allowable Unit Sign Area (if multiple units within building) PROJECT- - - - -- Project Name:Griffin Drive Right-of-Way Acquisition Site Address: 300 East Griffin-Drive, Bozeman, MT 59715 _- Suite/Unit #: PROPERTY OWNER Name: DDS Investments, LLC Full Address: P.O. Box 1201, Bozeman, MT 59771-1201 Email: TBD Phone: TBD APPLICANT Name: TBD Full Address: Email: Phone: BUSINESS OWNER Name: TBD Full Address: Email: Phone: SIGN CONTRACTOR (BUSINESS LICENSE NAME) Name: Signs of Montana Full Address: 400 East Bryant Street, Bozeman, MT 59715 Email: TBD Phone: TBD ELECTRICAL CONTRACTOR (BUSINESS LICENSE NAME) Name: TBD Full Address: Email: Phone: Sign Permit Worksheet Page 1 of 4 Revision Date:August 2021 SIGN PERMIT WORKSHEET APPLICATION CHECKLIST Must be included in your Online permit submission 1. Submit full color plans for each sign clearly labeled by ID to correspond with the sign details section below. 2. Sign construction cross section details: Cabinet, individual channel letters, push through lettering, vinyl, etc. 3. Sign illumination details: Internal illumination or indirectly lighting. If indirect lighting, provide fixture cutsheets. 4. Sign mounting details: Detail of proposed hardware. 5. Scaled site plan detail showing sign location, site vision triangles, setbacks, easements, and water and sewer lines (free standing signs only). 6. Color exterior photographs of each facade of the building with signs existing to remain (called out) and new proposed signs overlaid into the photograph (signs depicted must be as close as possible to the actual size to be installed on the building). SIGN DETAILS SIGN #1: SIGN ID Cantilevered pole sign Dimensions in ft. Area (sq feet) Max Height Freestanding: .(I) x .4.5 (w) = 31.5 _ 13 Projecting/Blade/Awning: (1) x (w) = 0 Wall: (I) x (w) = 0�------- - Does sign project over right of way? VYes❑No Value of Sign: $25,060.10 SIGN #2: SIGN ID Dimensions in ft. Area (sq feet) Max Height Freestanding: _— (1) x — — (w) = ---�_ Projecting/Blade/Awning: (1)x (w) = 0 ------- --------- -------------- Wall: (1)x (w) = 0 Does sign project over right of way? Yes❑No Value of Sign: SIGN #3: SIGN ID Dimensions in ft. Area (sq feet) Max Height Freestanding: - (1) x _(w) = -- Projecting/Blade/Awning: (1) x (w) = 0 Wall: (1) x (w) = 0 Does sign project over right of way?❑Yes No Value of Sign: Sign Permit Worksheet Page 2 of 4 Revision Date:August 2021 SIGN PERMIT WORKSHEET SIGN #4: SIGN ID Dimensions in ft. Area (sq feet) Max Height Freestanding: (I) x (w) = - _ Projecting/Blade/Awning: (I) x (w) = .� —_- Wall: (1) x (w) = U---- Does sign project over right of way? Yes❑No Value of Sign: CERTIFICATIONS AND SIGNATURES No building or other structures shall be erected, moved, added to or structurally altered without valid permits.This worksheet is to be completed for all development proposes which need building permits, pursuant to section 10,02.010, BMC. This worksheet must be completed and approved by the appropriate authorities prior to permit issuance. Worksheets will not be accepted without signatures or the proper forms filled out. Incorrect information provided in conjunction with this worksheet may result in the delay or revocation of building and/or occupancy permits. Information on Appeals of Administrative Actions can be found in section 38.250.030, BMC. Applicant Signature: Date: Printed Name: Property Owner Signature: Date: Printed Name: CONTACT US Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 PO Box 1230 planning@bozeman.net Bozeman, MT 59715 www.bozeman.net/planning Sign Permit Worksheet Page 3 of 4 Revision Date:August 2021 r lt!dbU UbU LIIU IUIIUWIIIS WUIKJIICCLJ I11 HUUUC WORKSHEET 1 ALLOWABLE BUILDING SIGN AREA WORKSHEET CALCULATE SIGNAGE ALLOWED FOR BUILDING (BMC 38.560.060) Do you have a comprehensive sign plan? ❑Yes ❑✓ No Enter Val Zoning District:M-1 Find Your Zoning District • B-1 = 1 = Do you have off-street parking in front of your building? ■Yes No • RO 0.5• All other; A.Allowed sq. ft. per linear foot of building frontage, First 25 feet: 2 (A) B.Allowed sq. ft. per linear foot of building frontage > 25 feet: 1.5 (B) Length of Building Front(ft): 68 Building Frontage Defined Less first 25 Feet: -25 25 25 x (A Value) 2 = 50 (C) Remaining Frontage: 43 x (B Value) 1.5 = 64.5 (D) Allowable Sign Area for Building (sq.ft.): 114.5 (C& D Values) Max Allowable Sq Ft. 0 Results Cannot Exceed the Max Below: B-1/RO= 80/Building B-2/B-2M =400/1-ot All other Zones= 250/Lot For buildings with more than one frontage,you can attach more than one worksheet to your application WORKSHEET 2 FOR MULTI-TENANT BUILDINGS ONLY ALLOWABLE UNIT SIGN AREA WORKSHEET FOR MULTI-TENANT BUILDINGS Do you have a comprehensive sign plan? EYes NNo A comprehensive sign plan is a plan submitted by a property owner or manager to Planning that allocates sign area to individual tenants and dictates design requirements and sign placement requirements. If you do not know if a comprehensive sign plan exists for your space, you can reach out to the property owner or manager.These plans are also on file with the Planning Division. Reach out to 406-582-2260 if you have questions. Please refer to BMC 38.560.080 for code reference. Total Bldg Floor Area (sq. ft): Total Tenant Floor Area (sq. ft): PERCENT OF TENANT SPACE: 0% ALLOWABLE SIGN AREA FOR BUILDING: 114.5 X 0% (%TENANT SPACE) = 0 MUST INCLUDE COPY OF APPROVED COMPREHENSIVE SIGN PLAN AND SIGNED LETTER OF APPROVAL FROM ASSOCIATION OR MANAGER Percent Allowable Signage or Plan Approved Square Footage Allotment Sign Permit Worksheet Page 4 of 4 Revision Date:August 2021 o U n M ti ro co60 in a o O N Co 0vo O N ={ Ol O N O a - w :�ISp rNN n cc a � � a O 00 Q a o w z O o LO U t m O m 0 a v 0 LA uj N J Q Q1 Z CL 0 vi _1 U 00 cc •• d LL y WC 3 � J � V N r y ❑ O � n. " O Y0 cc m DC a m n. Nc z o � l7 0, o �ncn " 0 LA CL � c z z d z ° M a: a, XA z i O z Elo LL ac p ° ) Q c W W O� L ~ ~ 1 � ~ D: O V in u A