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HomeMy WebLinkAboutOrdinance 15- 1913 Department of Transportation Agreement Ttt����Ca.1a����• ORDINANCE NO. 1913 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE MONTANA DEPARTMENT OF TRANSPORTATION FOR THE SALE AND CONVEYANCE OF PORTIONS OF THREE PARCELS OF LAND BY DEED AND CONSTRUCTION PERMIT FOR THE ROUSE AVENUE RECONSTRUCTION PROJECT. WHEREAS, the City of Bozeman owns three parcels of property on and along North Rouse Avenue(also known as State Highway 86). with legal descriptions as follows: Parcel 4: Lots 15 and 16,Block F,Rouse's First Addition(34 N. Rouse Ave) Parcel 10: A portion of Block I, Original Townsite of Bozeman, Certificate of Survey s 4732(121 N.Rouse Ave) Parcel 70: Lots 1-10 and Lot 24,Block 29,Imes Addition(814 N. Bozeman) WHEREAS, The Montana Department of Transportation is desirous of purchasing 345 square feet of land by deed and 1,136 square feet by construction permit on Parcel 4; is desirous of purchasing 654 square feet of land by deed and 274 square feet by construction permit on Parcel 10; and is desirous of purchasing 4,071 square feet of land by deed and 1,120 square feet by construction permit on Parcel 70; and x WHEREAS, Section 2.11 of the Bozeman City Charter requires adoption of an ordinance when the City conveys or authorizes the conveyance of any lands of the city; and i Page 1 of 4 I. Ordinance 1913,Sale and Conveyance of Three Parcels far Rouse Avenue Reconstruction Project WHEREAS, Section 2.06.870 of the Bozeman Municipal Code (BMC) grants the City Commission the jurisdiction and power to sell any real property,however acquired, belonging to the City that is not necessary to the conduct of city business or the preservation of property; and WHEREAS, Section 2.06.880 BMC states, "When the City Commission, after a public hearing,has determined by a two-thirds vote of all the members,that any real property owned by the city is not needed for public use, or that the public interest may be furthered, the City may sell such property by... negotiated sale..., subject... to a minimum price established through an appraisal that certifies the value of such property..."and WHEREAS, Section 2.06.880 BMC also provides that notice of sale shall be published as provided in MCA 7-1-4127; and WHEREAS, Section 2.06.890.B BMC provides that a sale may not be made for less than 90% of the appraised value; and WHEREAS, Section 2.06.900 BMC provides that no sale of real property shall be made of any property unless it has been appraised within one year prior to the date of the sale; and WHEREAS, Kraig Kosena, a qualified appraiser with the Montana Department of Transportation, on 10/26/12 with updates in July 2014, appraised the value of the improvements, construction permit, and land on Parcel 4 to be $16,500.00; and appraised the value of the improvements, construction permit, and land on Parcel 10 to be $13,000.00; and appraised the value of the improvements, construction permit, and land on Parcel 70 to be $32,450,00; WHEREAS, a Right-of-Way Agreement to Buy and Sell has been negotiated between the Montana Department of Transportation and the City of Bozeman for each parcel, and are attached to this Ordinance as Attachment 1; and WHEREAS, should the Bozeman City Commission provisionally adopt this ordinance accepting said offer by no less than a two-thirds vote of its total membership, notice of Page 2 of 4 Ordinance 7913,Sale and Conveyance of Three Parcels for Rouse Avenue Reconstruction Project provisional adoption of this ordinance shall be published in compliance with Sect. 7-1-4127, MCA,prior to final adoption. NOW THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN,MONTANA: Section I The Bozeman City Commission hereby accepts and authorizes the City Manager to sign the Right-of-Way Agreement to Buy and Sell along with the associated easement and realty transfer documents which are attached to this Ordinance as Attachment 1. By accepting this offer the Commission authorizes, subject to completion of the contingencies as stated in the attached Agreement, and those contingencies listed below, the conveyance of the fee title to the property to the purchaser: 1. The compensation shall be sixty one thousand nine hundred fifty and 00/100 dollars ($61,950.00)for the right-of-way for Parcels 4, 10, and 70; 2. The City Manager shall not be authorized to sign the Right-of-Way Agreement to Buy and Sell until 30 days after final adoption of this ordinance; as such, the Agreement to Buy and Sell shall not be binding on the City of Bozeman until executed by the City Manager at that time. Proceeds of the sale shall be deposited in reserved in an account for future right-of-way acquisitions as needed fund. Section 2 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provision of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 3 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so g decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman d Municipal Code as a whole. Section 4 Codification Instruction. The provisions of this Ordinance shall not be codified in the Bozeman Municipal Code; rather, this Ordinance shall be maintained by the City Clerk in an indexed file of all Ordinances not to be codified. Page 3 of 4 3 it Ordinane]913,Sale and Conveyance of 77:ree Parcels for Rouse Avenue Reconstruction Project Section 5 Effective Date. This ordinance shall be in full force and effect 30 days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 20t'day of July,2015. jEF r SS ,0 ATTEST: N, It .STA C :), City 1 rk +°��' `".1 f 0 •r'74 * * , , to �� ,r �4rirr co,. ' FINALLY PASSED,ADOPTED 'AND APPROVED by the City Commission of the City of Bozeman,Montana on second reading at a regular session thereof held on the P day of August, 2015. The effective date of this ordinance is September 3`d,2015. J F K-)&AUSS ATTI;ST: 13�w M PA'-. ^~,'• os , S APPROVED AS TO FORM: A�- I ULLIVAN City Attorney Page 4 of 4 i ROWIFORMSIACQ1201 Revised 2-2012 MONTANA DEPARTMENT OF TRANSPORTNI-ION Right-of-Way Bureau WRITTEN OFFER TO PURCHASE& SUMMARY STATEMENT OF AMOUNT ESTABLISHED AS JUST COMPENSATION City of Bozeman PO Box 1230 —------ - Bozeman, MT 59771-1230 F Subject: Project ID.: STPP 86-1(44) F J' Project No.: 4805-044 tf Designation: Rouse Ave-Bozeman Parcel No.: 70 The Montana Department of Transportation (MDT) is acquiring property for the construction of Highway 86 in Gallatin County. Public records indicate you have an ownership interest in property needed for said construction located at and described as Lots 1-10 and Lot 24, Block 29, Imes Addition, and more commonly referred to as 814 North Rouse Avenue, located at the southwest corner of Rouse Avenue and East Tamarack Street. On behalf of MDT, I am authorized to offer you $32,250 as full compensation for the purchase of your property as described on the attached summary statement. Said amount is compensation for the land and improvements, if any, necessary for the project and includes compensation for any damages to your adjacent remaining property. The above offer is based on the current fair market value appraisal of your property considering any effect the proposed highway will have on your property. The above offer has been determined by a qualified appraiser to be the full,just compensation for the property being acquired from you. In the case of separately held interest in the real property, such as a leasehold interest, the determination of just compensation includes an apportionment of the total just compensation for each of those interests. You will not be required to surrender possession of your property until the State has made available to you the full amount of this written offer. Arrangements may be made if you desire to surrender possession of your property before receiving this payment. Sincerely, Therese Iwaniak, Right-of-Way Supervisor Date Field RNV Section-Butte Attachment b t t ROWTORMSIAC 1201 Q Revised 2-2012 SUMMARY STATEMENT OF AMOUNT ESTABLISHED AS JUST COMPENSATION I. Identification of property interests to be acquired: A. Land: 4,201 sf in fee in easement in fee (uneconomic remainders) Grantor's Improvements: portions of landscaping, fencing, driveway, sidewalk Lessee's Improvements: B. Other: ® Construction Permits ❑ Depreciation to Remainder ❑ Cost to Cures ❑ Access Control ❑ Other(Describe): IL Statement of amount established as just compensation: Grantor Lessee Interest Interest For Land (not including uneconomic remnants) and improvements $29,445 0 For Other Compensations $ 805 $0 Total 32 250 $0 For Uneconomic Remainders and Improvements $ $ Less Const. Permits, Cost to Cures, etc. no longer needed $ $ Total $ $ Ill. The following items are located within the acquisition area but are not included in the amount established as just compensation because they are considered personal property and will be addressed under Relocation Assistance: N/A IV. Basis for amount established as just compensation: The amount established as just compensation is based on the Department of Transportation's review and analysis of an appraisal of the real property to be acquired, made by a qualified appraiser and reviewed by a qualified review appraiser. The appraisal contains an analysis of the following information: ® Building cost data and/or contractor's estimates ❑ Income data ® Sales of other property(see listing below) V. Property sales considered in establishing just compensation include the following: i f (1) Grantor: Sue A. Doss Grantee: David A. Osterman Date of Sale: 11/26/2008 County: Gallatin Address or Legal Description of Property: 1803 N Rouse Ave (2) Grantor: PD Partners, LLC Grantee: Alec D. McIntosh Date of Sale: 05/29/2008 County: Gallatin Address or Legal Description of Property: Lot 2, Block 2 Final Plat of Kennedy Subdivision, Laura Louise Lane (3) Grantor: Robert Turner Grantee: Blue Sky Development, LLC Date of Sale: 10/13/2006 County: Gallatin Address or Legal Description of Property: East Bryant Street F Page 12 1 1fo AKA f Montana Department of Transportation Michael T.Tooley,Director OEpARIMENTOF7WSPORIA77OM Butte District Office Steve Bullock,Governor 3751 Wynne Avenue PO Box 3068 Butte MT59702-3068 October 9, 2015 I Stacy Ulmen, City Clerk City Hall - City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 Subject: Project ID.: 4805-044 Project No.: STPP 86-1(44)0 Designation: Rouse Ave - Bozeman Parcel No.: ,70- Dear Stacy, While closing out the above referenced right-of-way acquisition we discovered there was a typo on the Right-of-Way Agreement and accompanying incidental documents for the above project and parcel. The agreement indicated 4,071 sf of land, but the appraisal and deed are for 4,201 sf. Enclosed you will find the corrected pages of the Right-of-Way Agreement, written offers, and tax reimbursement form. Please replace these pages in your file. I've also enclosed a copy of the signed deed and appraisal report showing compensation amounts and areas correctly. If you have any questions, please telephone me at (406) 494-9618 or toll free @ (800) 261-6909. Sincerely, Therese Iwaniak District Right-of-Way Supervisor i I Phone: (406)494-9600 An Equal Opportunity Employer TTY: (8001335 7592 Toll-free:(800)261-6909 Web Page: www.mdt.mt.gov a i i ROWII7:ORMSIACQ1201 Revised 2-2-012 MONTANA DEPARTMENT OF TRANSPORTATION Right-of-Way Bureau WRITTEN OFFER TO PURCHASE& SUMMARY STATEMENT OF AMOUNT ESTABLISHED AS JUST COMPENSATION City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 rt `k FILE Subject: Project ID.: STPP 86-1(44) C,0�'Y Project No.: 4805-044 Designation: Rouse Ave—Bozeman Parcel No.: 70 The Montana Department of Transportation (MDT) is acquiring property for the construction of Highway 86 in Gallatin County. Public records indicate you have an ownership interest in property needed for said construction located at and described as Lots 1-10 and Lot 24, Block 29, Imes Addition, and more commonly referred to as 814 North Rouse Avenue, located at the southwest corner of Rouse Avenue and Cast Tamarack Street. On behalf of MDT, I am authorized to offer you 32,450 as full compensation for the purchase of your property as described on the attached summary statement. Said amount is compensation for the land and Improvements, if any, necessary for the project and includes compensation for any damages to your adjacent remaining property. The above offer is based on the current fair market value appraisal of your property considering any effect the proposed highway will have on your property. The above offer has been determined by a qualified appraiser to be the full,just compensation for the property being acquired from you. In the case of separately held interest in the real property, such as a leasehold interest, the determination of I. just compensation includes ail apportionment of the total just compensation for each of those interests. You will not be required to surrender possession of your property until the State has made available to you the full amount of this written offer. Arrangements may be made if you desire to surrender possession of your property before receiving this payment. Sincerely, Therese Iwaniak, Right-of-Way Supervisor Date Field IR1W Section-Butte Attachment r t lI . 1 A '..� 'i ROWIFORMSIA=201 Revised 2-2012 SUMMARY STATEMENT OF AMOUNT ESTABLISHED AS JUST COMPENSATION I. Identification of property interests to be acquired: A. Land: 4,201 sf in fee in easement in fee (uneconomic remainders) Grantor's Improvements: portions of landscaping, fencing, driveway, sidewalk Lessee's Improvements: B. Other: ® Construction Permits ❑ Depreciation to Remainder ❑ Cost to Cures ❑ Access Control ❑ Other(Describe): II. Statement of amount established as just compensation: Grantor Lessee Interest Interest For Land (not including uneconomic remnants) and Improvements $31,569 0 For Other Compensations $ 856 $0 Total $32,450 $0 For Uneconomic Remainders and Improvements $ $ Less Const. Permits, Cost to Cures, etc. no longer needed $ $ Total $ $ 111. The following items are located within the acquisition area but are not included in the amount established as just compensation because they are considered personal property and will be addressed under Relocation Assistance: N/A IV. Basis for amount established as just compensation: The amount established as just compensation is based on the Department of Transportation's review and analysis of an appraisal of the real property to be acquired, made by a qualified appraiser and reviewed by a qualified review appraiser. The appraisal contains an analysis of the following information: ® Building cost data and/or contractor's estimates ❑ Income data E ® Sales of other property (see listing below) V. Property sales considered in establishing just compensation include the following: (1) Grantor: Sue A. Doss Grantee: David A. Osterman Date of Sale: 11/26/2008 County: Gallatin Address or Legal Description of Property: 1803 N Rouse Ave(CILS8) (2) Grantor: PD Partners, LLC Grantee: Alec D. McIntosh € Date of Sale: 05/29/2008 County: Gallatin € Address or Legal Description of Property: Lot 2, Block 2 Final Plat of Kennedy Subdivision Laura Louise Lane (CILS8.1) �(( (3) Grantor: Robert Turner Grantee: Blue Sky Development, LLC Date of Sale: 10/13/2006 County: Gallatin Address or Legal Description of Property: East Bryant Street(CILS 12) it (4) Market Trends Report of the Bozeman Market 06/06/2014 prepared by Steven A. Hall, MAI, CCIM, Hall-Widdoss Company, P.C. Page 2 ROWIFORMSIWCQ1203 Revised 11-6-2009 STATE OF MONTANA DEPARTMENT OF TRANSPORTATION Right-of-Way Bureau Helena, Montana 59620-1001 City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 Subject: Project ID.: STPP 86-1(44)0 l' ` � `` TE- 11 FILE Project No.: 4805-044 ;w 1 1 f!I Designation: Rouse Ave - Bozeman Parcel No.: 70 REIMBURSEMENT NOTICE AND INSTRUCTIONS This letter is to advise that, except as noted below, you are entitled to reimbursement for real estate taxes actually paid on the portion of your property being acquired by the Department of Transportation. The State shall reimburse you for the remaining tax period after the State acquired title to or possession of your property, whichever is the earlier date. EXCEPTION: No reimbursement will be made if the State acquires only a portion of your property and the reimbursable amount is five dollars ($5.00) or less, as computed by the State when your request for reimbursement is received. Reimbursement will be made when you have fulfilled the following requirements: 1. All current real estate taxes must be paid in full. 2. In the event only a portion of your property is being purchased, it will be necessary for you to have the Local County Office of the Department of Revenue, Property Assessment Division complete Section;B of the attached form RW 204, Request for Reimbursement for Taxes Paid. This requirement is not necessary when your entire property is purchased. 3. Complete Section C of form 204 and mail to the State of Montana, Department of Transportation, Right-of-Way Bureau, P.O. Box 201001, Helena, Montana 59620- 1001, with documents as required by Section C. You may submit another request for reimbursement, subject to the requirements listed above, if you are required to pay subsequent taxes on property acquired by the State. Additional forms may be obtained on request at the address noted below. This is your official notice from the State of Montana concerning this reimbursement provision. i , Thank you. STATE OF MONTANA DEPARTMENT OF TRANSPORTATIONBy Right-of-Way Agent Date Attachment l ROWTORMSIACQ1204 Rovised 9-1 6..2010 STATE OF MONTANA DEPARTMENT OF TRANSPORTATION Right-of-Way Bureau 2701 Prospect Avenue PO Box 201001 Helena, MT 59620-1001 REQUEST FOR REIMBURSEMENT FOR TAXES PAID SECTION A- To be completed by Division Right-of-Way Bureau, State of Montana, Department of Transportation. B 1. Identification: Project ID: STPP 86-1(44)0 Project No.: 4805-044 Designation: ROUSE AVE - BOZEMAN County: GALLATIN Parcel No.: 70 Property Owner: CITY OF BOZEMAN ® Partial Acquisition Contract Purchaser: NIA ❑ Total Acquisition of Entire Ownership t 2. Land acquired is located in: a. Urban or Suburban Subdivision as follows: Lpffsl Blocks Subdivision City, or Sec., Twp., and Rge. 1 -10 and 24 29 Imes Addition 6, T2S, R6E pt of vacated alley 6, T2S, R6E Ord. 670(Bk24 MISC, Pg 327) b. Rural Location as follows: Subdivision(s) Section Township Range I 3. Property acquired: r a. Land Area General Land Classification (grazing, cultivated, etc. 4,201 sf Exempt Property 1 b. Improvements Location pt of driveway, fencing, landscaping wall, and sidewalk SECTION B- To be completed by Local County Office of the Department of Revenue, Property Assessment Division. (Not applicable when the State of Montana, Department of Transportation acquires total ownership.) Based on the information shown in Section A, I have determined that the total general real estate tax for (year) apportionate to the land and improvements acquired by the State of Montana, Department of Transportation is 6 �i Signature: Date: i,. jf 1 ROWWORMSIACQ1204 Revised 9-15-2010 SECTION C - REQUEST FOR TAX REIMBURSEMENT (Mark one of the following) i { ) 1 have paid taxes and am enclosing the required tax receipt, which shall be returned to me after reimbursement. { ) The State acquired all of my property and I desire to have the State pay the tax shown on the enclosed statement in my name by assignment to the County Treasurer from the amount withheld from the compensation paid for my property. I understand that I shall be reimbursed for taxes in an amount representing the portion of the year that the State has had possession of my property. I fully understand that the State of Montana will compute the pro rats portion of taxes to be reimbursed based on apportionate State tax accounting procedures. Dated this day of Signed I� Address City and State Zip Code SECTION D - To be completed by the Right-of-Way Real Estate Services Section, State of Montana, Department of Transportation. f 1. Effective date of possession or vesting of title, whichever is earlier: 2. Total real estate taxes shown in Section B (for partial acquisition) or on county tax statement(for total acquisition) $ X % (applicable percentage representing portion of year the State has possessed the property. Use Form 51) _ $ (Amount of Tax Reimbursement). 3. Computation for the claim and assignment, if any: i a. Amount withheld from settlement, if any . . . . . . . . . . . $ i b. Amount of Tax Reimbursement. . . . . . . . . . . . . . . . . $ TOTAL . . . . . . . . . . . . . . . . . . . . . . $ C. The assignment shall be completed for the total tax, if applicable . . . . . . . . . . . . . . . . . . . . . . . . $ i d. Due to Landowner. . . . . . . . . . . . . . . . . . . . . . . $ s 4. Tax receipt received and returned: (Date) 5. Computed by: t Title: Date: F L 31 it s it t' STATE OF MONTANA DEPARTMENT OF TRANSPORTATION (hereinafter referred to as State, Department,Grantee,and/or MDT) RIGHT-OF-WAY AGREEMENT POVV'1FCF �.�iS1,^,✓tt1 C0 (Revises PE PROJECT ID: STPP 86 i(3Q)0 � Rouse Ave- Bozeman R/W PROJECT ID: STPP 86-1(44)0 DESIGNATION Gallatin UNIFORM PROJECT No.: 4805-044 COUNTY Parcel From Station To Station Subdivision Section Township Range 70 41+06±LT 43+56±LT Lots 1 —10 & Lot 24, Block 29, Imes 6 2S 6E *10+00±RT 12+64±RT Addition to the City of Bozeman; and a portion of vacated alley which attached to said lots by operation of law pursuant to Ordinance No. 670, recorded 02/19/1968 in Bk 24 of Misc, Pg 327, Gallatin County 814 North Rouse Ave SW Corner of N Rouse Ave and *Tamarack Street List Names &Addresses of the Grantors (Contract Purchaser, Contract Seller, Lessee, etc.) OWNER(S): LESEE(S): City of Bozeman N/A PO Box 1230 Bozeman MT 59771 (406) 582-3232 James Goehrung 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 encumbrances on the property are shown on this agreement. This agreement is effective upon execution by the Acquisition Manager or a designated representative, and possession of the property is granted to the Department when it sends the payment(s) agreed to below. Grantors contract that they will, on Department's request, execute a deed and/or easement required by Department for all real property agreed to be conveyed by this agreement. 2. COMPENSATION FOR LAND AND IMPROVEMENTS (List acreage and improvements to be acquired.) 4,201 sf land by deed $ 16,048 Improvements: asphalt driveway and landscaping $ 15,521 3. OTHER COMPENSATION: 1,120 sf land by temporary permit(includes rounding) $ 881 4. TOTAL COMPENSATION (includes all damages to the remainder): $32,450 5. IT IS UNDERSTOOD AND AGREED THE STATE SHALL MAKE PAYMENT AS FOLLOWS: A warrant in the amount of$32,450 to be made payable to City of Bozeman Treasurer and mailed to City of Bozeman at PO Box 1230, Bozeman MT 59771-1230. 6. Permission is hereby granted the State to enter upon the Grantor's land, where necessary and for the purposes described as follows: A. Station 41+90.4 Build 28-ft curb opening LT SOP It is understood and agreed by the parties hereto that the 'location of these approadhes-are-subject to adjustment at the time of construction to achieve the best physical location for said approaches. Adjustments exceeding 15' from the specified location requires concurrence of the Grantors. Grantor shall maintain, at its sole expense, all approaches identified in this agreement. Grantor further agrees to conduct maintenance activities in a prudent manner providing for the safe and continued operation of thru traffic on the highway. Physical changes in size or location or the change in use of these approaches cannot be made without first obtaining an approved approach permit from the Montana Department of Transportation. All drainage facilities within the existing right of—way/easement associated with these approaches, i.e., approach culverts, drainage ditches, will be maintained by MDT. MDT will not maintain any drainage facilities installed solely for the perpetuation of private irrigation waters. Page 1 of 3 ROWTorm\App\409 9 / Revised 3/26/10 REVIEW APPRAISER'S REPORT AND DETERMINATION OF JUST COMPENSATION FOR PARTIAL ACQUISITIONS APPRAISAL REPORT FORMAT: 455 Before and After Suimmary Report Project No.: 4805-044 Parcel No.: 70 Project ID: STPP 86-1(44)0 Owner: City of Bozeman Designation: Rouse Avenue- Bozeman Name of Appraiser Date of Appraisal Revision Date(s) Kraig Kosena, MAI 1 012 6/2 0 1 2 DETERMINATION OF COMPENSATION Value of Acquisition: Land: 4,201 Sq. Ft. X$3.82/SF $16,048 $ Improvements (Inclusive of site improvements): r lawn: 4,071 Sq. Ft. X$.45/SF $1,832 asphalt Driveway: 130 Sq. Ft. X$5.27/SF $685 Landscaping: Per Contractor's Estimate $13,004 Easements: $ $ Fixtures and Personal Property (considered realty): Easements: Subtotalof Acquisition .................................................................................................................................$31,569 Other Compensation: Permits: 1,120 Sq. Ft. X$3.82/SF X .10 X 2 Yrs. $856 Depreciation in Current Fair Market Value: (Not Offset by Special Benefits or Cured) Cost to Cure: Subtotal of Other Compensation ........................................................................................................:..............$a& Just Compensation as of 9126/12 (Effective Date)................................................................................(A)�32 42 JUST COMPENSATION, ROUNDED........................................................................................................................$32,450 AccessControl..................................................................................................................... $ TOTALCOMPENSATION.........................................................................................................................................$32,450 Uneconomic Remnant: A $ Total Just Compensation (A+ B) .......................................... JUST COMPENSATION W/ UNECONOMIC REMNANT, ROUNDED ......................................................................$ AccessControl.:::....:............:.: ............................I................................ $ TOTAL COMPENSATION W/UNECONOMIC REMNANT.............................:..........................................................$ The compensation is based on right of way plans dated 3/12/2012. Partial Interests to be Divided as Follows: Lessor's Interest $ Lessee's Interest $ REMARKS: This is a revised 409 report to bring the effective date current. Please see attached MDT authorization memo. This is a revised 409 report. The construction plans indicate the retaining wall, fencing and sidewalks will be replaced in the after as part of the highway construction. Therefore compensation has for these items have been eliminated from the just compensation. All other aspects of the original appraisal and review are still applicable. Wontana Department of Transportation Right-of-Way Bureau PO Box 201001 Helena, MT 59620-1001 R0w\Forms\P1n\520 Revised 11/05/09 State of Montana Department of Transportation Right-of-Way Bureau 2701 Prospect Avenue PO Box 201001 Helena, MT 59620-1001 R/W ID.: STPP 86-1(44)0 Parcel No.: 70 County, Gallatin Designation: Rouse Ave-Bozeman Project No.: 4805-044 Bargain and Sale Deed This Deed, made this '9 _day of 20_La, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration now paid, the receipt of which is acknowledged, witnesses that, City of Bozeman PO Box 1230 Bozeman, MT 59771 does hereby grant, bargain, sell and convey to the Montana Department of Transportation the following-described real property: Parcel No. 70 on Montana Department of Transportation Project STPP 86-1(44)0, as shown on the Right-of-Way plan for said project recorded in the office of the County Clerk and Recorder of Gallatin County, Montana. Said parcel is also described as a tract of land in Lots 1 through 10 and Lot 24 in Block 29 of Imes Addition to the City of Bozeman, Montana, according to the official plat thereof, on file and of record in the office of the Clerk and Recorder of Gallatin County, Montana; and also a tract of land in that portion of vacated alley which attached to said lots by operation of law pursuant to Ordinance No. 670, recorded February 19, 1968 in Book 24 of Miscellaneous, Page 327, records of Gallatin County, Montana, as shown by the shaded area on the plat, consisting of 2 sheets, attached hereto and made a part hereof, containing an area of 4,201 sq. ft., more or less. ROW:D2:4805:P70 Page 4 of 2 Bargain and Sale Deed Parcel No.: 70 RMI ID.: STPP 86-1(44)0 Designation: Rouse Ave-Bozeman Excepting and reserving to Grantor(s),however,all gas,oil and minerals beneath the surface of the above-described and conveyed premises,together with the right to extract the same,provided that in the exercise of such right,the surface thereof shall not be disturbed, interfered with or damaged. This exception and reservation does not include sand,gravel and other road building materials,which are conveyed by this Deed. Further excepting and reserving unto the Grantor(s),its successors and assigns,all water,water rights,ditches,canals, irrigation systems, existing or as relocated,if any,including but not limited to,water stock or shares,bonds, certificates,contracts and any and all other indicia of water,water right and ditch ownership, or any interest therein appurtenant to the land described therein,save and except groundwater for the use,benefit and purposes of the Grantee($). To have and to hold the above-described and conveyed premises,with all the reversions,remainders,tenements, hereditaments and appurtenances thereto,unto the Montana Department of Transportation, and to its successors and assigns forever. This Deed was executed on the date of its last acknowledgment. as City Mana ar of City of Bozeman (Signature)Chris Kukulski (Type of Authority) (Name of Entity) as of (Signature) (Type of Authority) (Name of Entity) as of (Signature) (Type of Authority) (Name of Entity) as of (Signature) (Type of Authority) (Name of Entity) State of fly " ) County of 9'a-CIa/7 i ) This instrument was acknowledged before me on (date) by Chris Kukulski (name of person(s)) as City Manager (type of authority, e.g., president,trustee, member, partner, etc.) of City of Bozeman (name of entity on behalf of whom i strument was execrl rta } HEATHER BIENVENUE l ' ��ai�N�'�, I Notary' Signature Line Notary Public �o'AR/.4 for the State of Montan i -A. * Residing at: Notary Printed Name ;try•SE,AL.'�= 8OZOSA J Montana Notary Pubii f r State of y . P` ry MO MY Commission Expires: s January 26,2018 Residing at: c / My Commission Expires: / /20� _ State of ) County of ) This instrument was acknowledged before me on (date) by (name of person(s)) as (type of authority, e.g., president,trustee, member, partner, etc.) of (name of entity on behalf of whom'instrument was executed) Notary Signature Line (Seal) Notary Printed Name Notary Public for State of Residing at: My Commission Expires: / /20_ _ Recording Information Page 2 of 2