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HomeMy WebLinkAbout11-07-16 CC Mtg - C7. Town Pump Easements Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Shawn Kohtz, Project Engineer Rick Hixson, City Engineer SUBJECT: Town Pump Bozeman #7: 1. Water Pipeline and Access Easement and Agreement 2. Release and Reconveyance of Easements (20’ Wide Utility Easement) 3. Release and Reconveyance of Easements (Sewer and Water Pipeline and Access Easement) MEETING DATE: November 7, 2016 AGENDA ITEM TYPE: Consent Agenda RECOMMENDATION: Authorize City Manager to sign BACKGROUND: Attached are copies (original to Robin Crough), of the partially executed sewer and water pipeline and access easement and agreement, release and reconveyance of easements (20’ Wide Utility Easement), and release and reconveyance of easements (Sewer and Water Pipeline and Access Easement) required as a condition of the Town Pump #7 Site Plan Modification. Engineering staff has reviewed the easements and found them to be acceptable. FISCAL EFFECTS: N/A ALTERNATIVES: As suggested by the City Commission. Attachments: Water Pipeline and Access Easement and Agreement. Release and Reconveyance of Easements (20’ Wide Utility Easement) Release and Reconveyance of Easements (Sewer and Water Pipeline and Access Easement) Report compiled on: 8/1/16 55 56 57 58 59 1 RELEASE AND RECONVEYANCE OF EASEMENTS COMES NOW the City of Bozeman, 411 E. Main, Bozeman, MT 59715, a Municipal Corporation of the State of Montana hereinafter ("GRANTOR") and does hereby release and reconvey the following described easements unto Montana Growth Opportunities LLC, a Montana Limited Partnership, as follows: W I T N E S S E T H WHEREAS the Grantor is the legal record title holder of the 20’ Wide Utility Easement across Lots 1B & 2B of Amended Subdivision Plat J-5-C City of Bozeman, Gallatin County, Montana. WHEREAS the above utility easement was granted by G-B properties, Page 5 of Book 4 of Plats, Records of Gallatin County by the following instruments: Gardner-Simmental Plaza Subdivision Plat J-5 recorded on January 9th, 1975 at the Clerk and Recorder's Office of Gallatin County, MT. WHEREAS no public utilities are located within the easement to be released and the vacation of the said easement will not adversely impact the Grantor's or the Public utility companies interests. WHEREFORE, the Grantor does hereby release and reconvey to Montana Growth Opportunities LLC , a Montana Limited Partnership, those portions of the utility easement located on the above described real property as set forth on the Exhibit attached hereto together with any right, title, or interest that the Grantor may have in said utility easements as set forth on the Exhibit attached hereto and incorporated herein by reference as though fully set forth and shown on the Exhibit A: 60 2 This reconveyance shall not affect the remainder of those easements shown on said Amended Subdivision Plat J-5-C in the Clerk and Recorder's office of Gallatin County, Montana. DATED this ______ day of _____________________, 2 . ___________________________________ GRANTOR - CITY OF BOZEMAN TITLE_____________________________ ACCEPTED: CITY OF BOZEMAN by its ATTEST: _______________________________ Clerk of the City Commission STATE OF MONTANA ) ):ss County of Gallatin ) On this _____ day of _______________, 2 , before me, a Notary Public for the State of Montana, personally appeared CHRIS KUKULSKI and BRIT FONTENOT, known to me to be the City Manager and Clerk of the City Commission 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 seal on the day and year first written above. (SEAL) ______________________________________ Notary Public for the State of Montana Residing at Bozeman, Montana My Commission Expires:_________________ 61 1 RELEASE AND RECONVEYANCE OF EASEMENTS COMES NOW the City of Bozeman, 411 E. Main, Bozeman, MT 59715, a Municipal Corporation of the State of Montana hereinafter ("GRANTOR") and does hereby release and reconvey the following described easements unto Montana Growth Opportunities LLC, a Montana Limited Partnership, as follows: W I T N E S S E T H WHEREAS the Grantor is the legal record title holder of the Sewer and Water Pipeline and Access Easement across Lots 1B & 2B of Amended Subdivision Plat J-5-C City of Bozeman, Gallatin County, Montana. WHEREAS the above utility easements were granted by Montana Growth Opportunities LLC by the following instruments: Amended Subdivision Plat J-5-C Amending Lot 1A, Lot 2A and Lot 3A Amended Plat J-5-B Document No. 2275609 recorded on April 13th, 2012 at the Clerk and Recorder's Office of Gallatin County, MT. WHEREAS public utilities are located within the easements to be released and the vacation of the said easements will not adversely impact the Grantor's or the Public utility companies interests as a new easement will be granted to provide for the existing utilities. WHEREFORE, the Grantor does hereby release and reconvey to Montana Growth Opportunities LLC , a Montana Limited Partnership, those portions of the utility easements located on the above described real property as set forth on the Exhibit attached hereto together with any right, title, or interest that the Grantor may have in said utility easements as set forth on the Exhibit attached hereto and incorporated herein by reference as 62 2 though fully set forth and shown on the Exhibit: This reconveyance shall not affect the remainder of those easements shown on said Amended Subdivision Plat J-5-C in the Clerk and Recorder's office of Gallatin County, Montana. DATED this ______ day of _____________________, 2 . ___________________________________ GRANTOR - CITY OF BOZEMAN TITLE_____________________________ ACCEPTED: CITY OF BOZEMAN by its ATTEST: _______________________________ Clerk of the City Commission STATE OF MONTANA ) ):ss County of Gallatin ) On this _____ day of _______________, 2 , before me, a Notary Public for the State of Montana, personally appeared CHRIS KUKULSKI and BRIT FONTENOT, known to me to be the City Manager and Clerk of the City Commission 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 seal on the day and year first written above. (SEAL) ______________________________________ Notary Public for the State of Montana Residing at Bozeman, Montana My Commission Expires:_________________ 63