HomeMy WebLinkAboutC10. Easement - 777 Building LLC
Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: David Fine, Economic Development Specialist SUBJECT: Authorize the City Manager to sign Broadband Utility Easement with 777 Building LLC
MEETING DATE: June 20, 2016
AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the City Manager to sign Broadband Utility Easement with 777 Building LLC BACKGROUND: The City of Bozeman is currently constructing a City-owned conduit system in the Downtown and Midtown with the aim of incentivizing the provision of fiber delivered broadband services by lowering the cost of constructing buried conduit. As part of this project, the City planned to build conduit to connect City Hall and the Bozeman Public Library. The original route planned to parallel Main St. right of way controlled by the Montana Department of Transportation (MDT), which would require MDT to permit encroachment in their right of way. MDT would not permit the original route, which necessitated finding an alternate route. Asbestos contamination in the area limits alternatives, making a route crossing private property the only acceptable alternative. This option is the only viable route we have identified for extending City conduit to the Library. The property owner has agreed to provide the easement in exchange for extending conduit into the 777 Building. Given that the goal of the project is to facilitate deployment of broadband services by the private sector, this valuable consideration seems appropriate and consistent with the intent of the project. A Memorandum of Understanding (MOU) detailing this consideration is also included on the consent agenda for consideration by the City Commission.
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FISCAL EFFECTS: The estimated cost of the consideration provided to the property owner is $8,685. Funding is available from funds appropriated for this project by the Downtown Tax Increment Finance District Work Plan and Budget for Fiscal Year 2016.
ATTACHMENT: Broadband Utility Easement with 777 Building LLC
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After recording return to:
Robin Crough, City Clerk
City of Bozeman
PO Box 1230 Bozeman, MT 59771-1230
BROADBAND UTILITY EASEMENT
777 Building LLC., GRANTOR(S), in consideration of one dollar ($ 1.00) and for other
and valuable consideration, receipt of which is hereby acknowledged, grants to the City of
Bozeman, a Municipal Corporation of the State of Montana, with offices at 121 North Rouse
Avenue, Bozeman, Montana 59715, GRANTEE, a broadband utility easement for broadband
conduit, equipment and appurtenances (“broadband improvements”) in, through and across a
piece of land as shown on the attached Exhibit A, situated in Gallatin County, Montana, which is
located on the following described property: Lots 4 and 5, in Block D of the Rouse Addition to
Bozeman, located in the Northeast Quarter of Section 7, Township 2 South, Range 6 East,
Principal Meridian Montana, Gallatin County, Montana.
The easement is more particularly described on the attached Exhibit A which by this
reference are made a part hereof.
Such grant is for only such rights as are necessary for construction, operation and
maintenance of the broadband improvements. GRANTEE shall have the right to enter upon the
easement granted herein for the purpose of surveying, excavating for, laying, constructing,
operating, repairing, conducting inspections of, and maintaining the broadband improvements.
GRANTOR agrees that no new building, structure, fence, wall or other above-ground
obstruction will be placed, erected, installed or permitted upon the easement premises.
The GRANTOR(S) warrant that they are lawfully seized and possessed of the real
property described above, that they have a lawful right to convey the property, or any part of it,
and that they will forever defend the title to this property against the claims of all persons.
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The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy the
rights and privileges herein granted without any interruption by the GRANTORS. The terms,
covenants and provisions of this easement shall extend to and be binding upon the heirs,
executors, administrators, personal representatives, successors and assigns of the parties hereto.
DATED this day of , 20 .
GRANTOR:
______
______________________________
(Printed Name and Capacity)
777 Building LLC.. STATE OF MONTANA )
) ss.
County of Gallatin )
On this ____ day of _______________________, 20 , before me, the undersigned, a
Notary Public for the State of ____________, personally appeared _______________________,
known to me to be the _________________________ of 777 Building LLC, the limited liability
company that executed the within instrument, and acknowledged to me that he executed the
same for and on behalf of said limited liability company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written.
(SEAL)
Notary Public for the State of ____________
___________________________________
(Printed Name) Residing in
My Commission Expires ______/ /20
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ACCEPTED:
_________________________
CITY OF BOZEMAN by _______________________
City Manager
ATTEST:
_______________________________ Robin Crough
City Clerk
STATE OF MONTANA )
) ss.
County of Gallatin )
On this ______ day of ___________________, 20 , before me, a Notary Public for the State of Montana, personally appeared CHRIS A. KUKULSKI and ROBIN CROUGH, known to me to be the City Manager and City Clerk for the City of Bozeman and the persons
whose names are subscribed to the within instrument, and acknowledged to me that they
executed the same for and on behalf of the City of Bozeman.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal on
the day and year first above written.
(SEAL)
______________________________________
Notary Public for the State of Montana
___________________________________
(Printed Name)
Residing at Bozeman, Montana My Commission Expires: / /20
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