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
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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:
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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:_________________
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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
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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:_________________
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