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HomeMy WebLinkAboutC4. Baxter Lane Final Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Rick Hixson, City Engineer SUBJECT: Baxter Lane Final Closing - Parcel 4 AGENDA ITEM TYPE: Consent MEETING DATE: May 16, 2016 RECOMMENDATION: Authorize the City Manager to sign the Memorandum of Agreement for the replacement of 6 Patmore Ash trees which must be relocated in order for the City to install improvements to Baxter Lane. BACKGROUND: By adopting the City of Bozeman Capital Improvement Plan the City Commission has directed staff to install improvements to Baxter Lane west of North 19th Avenue. In order to carry out that direction it will be necessary to replace 6 Ash trees adjacent to the roadway. The attached document, which has been executed by the responsible parties representative, is the result of those efforts and is necessary for the completion of the project. The valuations used for these acquisitions was performed under the direction of DOWL Engineering, the city's professional consultant for this project. UNRESOLVED ISSUES: None. FISCAL EFFECTS: The total cost of these three acquisitions is $2,100.00 which will be paid for using the Street Impact Fee Fund. ALTERNATIVES: As suggested by the City Commission. Attachments: 1 Original Agreement 18 April 19, 2016 Rick Hixson, P .E. City of Bozeman 20 East Olive St. Bozeman, MT 59715 [R>cE«:(g!N'@lg) APR 1 9 2016 .................... '""!,,.. ................. . Subject: Baxter Lane R/W Acquisition-Final Closing for Parcel 4 (Trees) Dear Rick: We are set to close on the agreement to remove trees on Parcel 4 for the Baxter/Davis Road project. To be able to close out the agreement, the City needs to sign the attached memorandum of agreement where indicated and prepare a check with the exact amount specified in the agreement. The check should be made out to The Crossing 2 Community Association, Inc. in the amount of $2,100.00 and sent to DOWL along with the signed original agreement. Upon the City completing the process for the check and signature, I will proceed with closing out this agreement for this parcel. I'll have the final check and a copy of the agreement sent to the property owners and return the original agreement to the City. At that point, the agreement will have been executed and the trees can be removed. If you have any questions, please feel free to contact me via email or phone ( direct line 406-5 51-1445). Sincerely, DOWL Tony Gaddo, P.E. Real Estate Specialist and Transportation Engineer Page 1 of 1 406-586-8834 • 800-865-9847 (fax) • 2090 Stadium Drive • Bozeman, Montana 59715 • www.dowl.com Alaska • Arizona • Colorado • Montana • North Dakota • Oregon • Washington • Wyoming 19 April 8, 2016 DOWL Project#: 4524.11402.01 The Crossing 2 Community Association, Inc. c/o Shannon Weber 40 East Main Street, Suite 210 Bozeman, MT 59715 Subject: Baxter Ln. Acquisition -Impacts to trees on Parcel 4 Dear: Mrs. Weber, The City of Bozeman will be reconstructing the roadway of Baxter Lane in the near future. In order to allow the improvements to be constructed, the City needs to remove several trees in the vicinity along the roadway. The trees are located along north side of Baxter Lane in the boulevard within the existing roadway Right-of-Way, but were installed as part of the development requirements for the Crossing 2 Subdivision. The property is described as CoOS A of the Plat of The Crossing 2 Subdivision. This letter is intended to present the offer of compensation to remove six (6) trees in the boulevard adjacent to Parcel 4, as well as briefly explain the process. The road project will be installing a new vehicle turn lane that will impact the existing boulevard trees. The remaining boulevard area will be narrow with existing underground and overhead utilities and may not be suitable to install new trees. A proposed area to install the new trees out of the Right-of-Way is located south of the current tree locations. DOWL is under contract with the City of Bozeman to assist with obtaining the additional Right-of­Way and to address property impacts for this project. Our job is to answer your questions and ensure that you understand the just compensation offering for the necessary interests and your rights as a property owner. The following is a summary of the offer and the paperwork required. The Offer The offer of compensation for the impacts to trees shown on Parcel 4 is $2,100.00. The offer is based on the estimated costs to replace the trees required for the project. Quantity Price I each Total Value Tree Replacement: Patmore Green Ash Trees 1:6 $350 $2,100 Total Estimated Compensation (Rounded): $2.100 I Estimate by Cashman Nursery; 1.75" Patmore Ash Trees and install All documents required to execute the transaction are enclosed. A brief description of the documents and additional steps necessary to complete the transaction are as follows: •Memorandum of Agreement: The Memorandum of Agreement expresses the terms of thetree compensation agreement in writing. Please sign and date the document where indicated. Page I of2 406-586-8834 • 800-865-9847 (fax) • 2090 Stadium Drive • Bozeman, Montana 59715 • www.dowl.com Alaska • Arizona • Colorado • Montana • North Dakota • Oregon • Washington • Wyoming 20 A self-addressed, stamped envelope is enclosed for your convenience. Please return all original signed documents as soon as possible and retain a copy for your files. We appreciate your attention to this matter. If you have any questions or would like to discuss these documents in more detail, please feel free to contact me via email (agaddo@dowl.com) or phone (406-551-1445). Tony Gaddo, P.E. Real Estate Services Transportation Engineer Attachment( s): As stated Page 2 of2 406-586-8834 • 800-865-9847 {fax) • 2090 Stadium Drive • Bozeman, Montana 59715 • www.dowl.com Alaska • Arizona • Colorado • Montana • North Dakota • Oregon • Washington • Wyoming 21 CITY OF BOZEMAN Engineering Division Public Works Department MEMORANDUM OF AGREEMENT PROJECT NAME: BAXTER LANE ROADWAY IMPROVEMENTS PROJECT#: 4524.11402.01 PARCEL#:4 MEMORANDUM OF AGREEMENT AGREEMENT has been reached this day of , 20_, between THE CROSSING 2 COMMUNITY ASSOCIATION, INC., the owner(s) of CoOS A of the Plat of The Crossing 2 Subdivision, located in the NEY.i of Section 3, Township 2 South, Range 5 East, P.M.M., 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, and the CITY OF BOZEMAN for the replacement of trees removed for the said road project. The amount to be paid and other considerations to be given in full satisfaction of this Agreement are as follows: Tree Replacement: $ 2, 100 Total (rounded) * See Figure 1 attached Other Conditions: 1. This Memorandum embodies the whole Agreement between the parties hereto as it pertains to the replacement of trees, and there are no promises, terms, conditions or obligations referring to the subject matter hereof, other than as contained herein. 2. THIS AGREEMENT shall be deemed a CONTRACT extending to and binding upon the parties hereto and upon the respective heirs, devisees, executors, administrators, legal representative, successors and assigns of the parties, only when the same shall have been approved by the City ManaQer on behalf of the Public Works Department. Of the total amount of compensation hereinabove agreed upon, the sum of $2.100 shall be paid upon execution and delivery of a good and sufficient: 12:1 Memorandum of Agreement and the balance of the compensation, amounting to$ Q.QQ shall be paid upon compliance by the owner(s) with the terms hereof. Disbursement of funds will be made in the following manner: Seller(s) Amount of Payment The Crossing 2 Community Association, Inc. $2, 100 The Seller(s) certify that there are no known hazardous materials on the property. The terms of this Agreement are understood and assented to by us and payment is to be made in accordance with the above. CITY OF BOZEMAN PROJECT NAME: BAXTER LANE ROADWAY IMPROVEMENTS PROJECT#: 4524.11402.01 Parcel 4 Page 1 of 3 22 THE CROSSING 2 COMMUNITY ASSOCIATION, INC.�wJr-Date: -�-· \_a,c;..S�, \le-=----Shannon Weber Authorized Signatory CITY OF BOZEMAN By: Chris KukulskiCity Manager ATTEST: By: Stacy UlmenCity Clerk CITY OF BOZEMAN Date: PROJECT NAME: BAXTER LANE ROADWAY IMPROVEMENTS PROJECT#: 4524.11402.01 Parcel 4 Page 2 of 3 23 EXISTING EASEMENT EXISTING PROPERTY LINE 2080Sldnnllrtve <OS.586-883< ---511715 www.dov.tcom 30 '--z O XI SCALE 1H FEET eo RM/LEGEND w /l,"./1 EJC!STING ROAD Rm ------ EXISTINGROWUNE ---EXISTING PROPERTY LINE RIGHT OF WAY REQUIRED FOR BAXTER LANE AND DAVIS LANE INTERSECTION IMPROVEMENTS CITY OF BOZEMAN, MONTANA PARCEL4TREEIMPACTS PROJECT DATE EXISTING PROPERTY LINE EXISTING TREES TO BE REMOVED 4524.11402.01 4/8/2016 FIGURE 1 Page 3 of 3 24