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
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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
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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.
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ATTEST: N, It
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City 1 rk +°��'
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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:
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APPROVED AS TO FORM:
A�- I
ULLIVAN
City Attorney
Page 4 of 4
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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
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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:
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(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
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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
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Phone: (406)494-9600 An Equal Opportunity Employer TTY: (8001335 7592
Toll-free:(800)261-6909 Web Page: www.mdt.mt.gov
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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
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. 1 A '..�
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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)
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(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
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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:
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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
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Signature: Date:
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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:
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a. Amount withheld from settlement, if any . . . . . . . . . . . $
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b. Amount of Tax Reimbursement. . . . . . . . . . . . . . . . . $
TOTAL . . . . . . . . . . . . . . . . . . . . . . $
C. The assignment shall be completed for the total tax,
if applicable . . . . . . . . . . . . . . . . . . . . . . . . $
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d. Due to Landowner. . . . . . . . . . . . . . . . . . . . . . . $
s
4. Tax receipt received and returned: (Date)
5. Computed by:
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Title: Date:
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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