HomeMy WebLinkAbout11-07-16 CC Mtg - C6. Easement with Help Center for Private Well AccessGrant of Easement for Well Access to Help Center, Inc.
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Carolyn Poissant – Manager of Trails, Open Space, and Park Development
Mitch Overton – Director of Parks and Recreation SUBJECT: Grant of Easement for Well Access to Help Center, Inc. MEETING DATE: November 7, 2016
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Staff recommends the Commission approve the Easement Agreement
for Private Well (Attachment A) with Help Center, Inc. and authorize the City Manager to sign the appropriate documents. .
BACKGROUND: There is an existing well located in the northern section of the Bozeman Pond
park expansion property purchased from the Gallatin Valley Land Trust (GVLT) in 2014 (shown
as Lot 1 on the draft plat, Attachment B). The well is located in what is now the dog park area. The well serves the Help Center’s Hearts and Homes facility, located at 3316 West Babcock Avenue (Lot 2 on the attached draft plat) and is currently used for both drinking water and irrigation.
The existing well has been on the property since at least 1982, according to a water right certificate
on file with the Montana Department of Natural Resources & Conservation (DNRC). The property has changed hands several times since. On the May 9, 2000 deed transferring ownership of a portion of the property to the Gilhousen Family Foundation, the sellers, Sallie B. O’Malley
and Philip S. Cook reserved “an easement for use and maintenance of the well and water line
located on the northerly portion of Tract C for the benefit of the owner of Tract B.” According to
this deed, the easement would terminate (1) upon abandonment of the well when Tract B was connected to City water service, or (2) on May 15, 2003, whichever occurred first. The well and the easement giving access to it do not appear on any other deeds or on any of the recorded plats.
It appears that the owners of Tract B did not cease using the well after May 15, 2003. The Help
Center’s Hearts and Homes facility continues to use the well. After discussions with Help Center and a review of the recorded documents, staff feels Help Center could make a good faith legal argument that the easement benefiting Tract B was still in existence when GVLT purchased the
property because of the long-standing use of the easement. GVLT conveyed property to the City
subject to “all easements, agreements, conditions and rights of way of record and those which
would be disclosed by an examination of the property.” Staff recommends memorializing the access easement in writing at this time in order to assure the
Help Center’s Hearts and Homes facility continued access to the well. A 10-foot wide gate has
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Grant of Easement for Well Access to Help Center, Inc.
already been installed in the fence to the dog park to allow access to the well from the Hearts and
Homes facility. Because Help Center has a good faith argument that they already own this interest,
staff recommends against requesting any payment from the Help Center related to the easement
agreement other than nominal consideration of $1.00. The agreement includes a provision that the easement would terminate if the use of the well is abandoned for a period of two years. The Public
Works Department and County Health Department are working with the property owner to
facilitate connection of the facility’s drinking water service to city water. The well may continue to
be used for irrigation.
UNRESOLVED ISSUES: Public Works has offered to assist the Help Center with connection to
city water for the property located at 3316 West Babcock Avenue.
ALTERNATIVES: Per Commission
FISCAL EFFECTS: None.
ATTACHMENTS: Attachment A – Easement Agreement for Private Well
Report compiled on: October 31, 2016
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ATTACHMENT A
EASEMENT AGREEMENT FOR PRIVATE WELL
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AMENDED PLAT OFTRACT B-1 OF AMENDED VAN HORN SUBDIVISION (E-39-B) AND LOT 4A OF AMENDED VAN HORN SUBDIVISION (E-39-C),LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 11,TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN,CITY OF BOZEMAN, GALLATIN COUNTY, MONTANAOWNERS: TRACT B-1; Help Center Inc. and LOT 4A; City of BozemanPURPOSE: TO REALIGN A COMMON BOUNDARY BETWEEN 2 LOTS IN A PLATTED SUBDIVISIONSHEET1 OF 1Civil EngineeringGeotechnical EngineeringLand Surveying32 DISCOVERY DRIVEBOZEMAN, MT 59718PHONE (406) 582-0221FAX (406) 582-5770www.alliedengineering.comCERTIFICATE OF SURVEYORCONSENT OF MORTGAGEECERTIFICATE OF GOVERNING BODYCERTIFICATE OF DIRECTOR OF PUBLIC WORKSCERTIFICATE OF COUNTY TREASURERCERTIFICATE OF CLERK AND RECORDERAREA TABLETOTAL AREA=3.91 acresLEGAL DESCRIPTIONCERTIFICATE OF EXEMPTION FROM SUBDIVISION REVIEW ANDEXCLUSION FROM D.E.Q. REVIEWRELOCATION OF COMMON BOUNDARY NOTEBASIS OF BEARING, COORDINATESDRAFT54