HomeMy WebLinkAbout08-20-18 City Commission Packet Materials - C8. Lift Station Agreement and Easement with Rosa Johnson for Boulder Creek1
REPORT TO: Mayor and City Commission FROM: Tom Rogers, Senior Planner Martin Matsen, Director of Community Development
SUBJECT: Lift Station Agreement and Public Access Easement for the Boulder Creek Phase 1 Subdivision. MEETING DATE: August 20, 2018
AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission approve the lift station agreement and Public Access Agreement for the Boulder Creek Phase 1 Major Subdivision and authorize the City Manager to
execute the same on behalf of the City of Bozeman.
BACKGROUND: The Commission approved the Finding of fact on September 8, 2014 to create a 28 lot subdivision with streets and one restricted lot for future development. On August 6, 2018 the City Commission approved the final plat of the Boulder Creek Phase 1 major subdivision subject to two
improvement agreements. The final step prior to filing the plat requires executing the agreement and
easement.
UNRESOLVED ISSUES: None determined at this time.
ALTERNATIVES: None suggested or proposed.
FISCAL EFFECTS: None identified Report compiled on August 10, 2018
Attachments: Agreement, Easement, Plat
Commission Memorandum
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RETURN RECORDED DEED TO: Bozeman City Clerk PO Box 1231 Bozeman, MT 59771-1231
PUBLIC ACCESS EASEMENT
Rosa Johnson Development, LLC, a Montana Limited Liability Company, formerly known as
Four Corners Construction, LLC, with a mailing address of 2264 Jackrabbit Lane, Unit B,
Bozeman, MT 59718, the GRANTOR, in consideration of $1.00 and for other good 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 public access easement for the use of the public in,
over, through and across the following described property situated in Gallatin County, Montana:
Common Open Space 3, Common Open Space 4, Common Open Space 5, and Common
Open Space 6 BOULDER CREEK SUBDIVISION, PHASE 1, City of Bozeman, according
to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin
County, Montana, and located in the S 1/2 of Section 4, Township 2 South, Range 5 East of
P.M.M.
The GRANTOR agrees:
(1) To construct and maintain the trails in said Common Open Space 3, Common Open
Space 4, Common Open Space 5, and Common Open Space 6 at their own expense in
accordance with relevant City Ordinances, including, but not limited to, snow removal
and all major and minor repair work.
(2) To allow the City to make any and all inspections of the trails and land appurtenant
thereto as the City reasonably deems necessary.
The GRANTOR warrants that it is lawfully seized and possessed of the real property described
above, that it has a lawful right to convey the property, or any part of it, and that it will forever
defend the title to this property against the claims of all persons.
The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy the rights and
privileges herein granted without any interruption by the GRANTOR. 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 __________________, 2018.
Rosa Johnson Development, LLC
___________________________________ ___________________________________
By: John Rosa, Member By: Scott Johnson, Member
STATE OF MONTANA )
) ss.
County of Gallatin )
This instrument was signed or acknowledged before me on this ____ day of ________________,
2018, by John Rosa and Scott Johnson as members of Rosa Johnson Development, LLC, a
Montana Limited Liability Company.
_______________________________________ (SEAL)
Notary Public for the State of Montana
Printed Name: ___________________________
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Residing at: ___________________, _________
My Commission Expires: _____/ _____, 20 ____.
ACCEPTED: CITY OF BOZEMAN
____________________________________
By: Andrea Surratt, City Manager
ATTEST:
______
Robin Crough, City Clerk
STATE OF MONTANA )
)ss.
County of Gallatin )
On this ______ day of ___________________, 2017, before me, a Notary Public for the State of
Montana, personally appeared ANDREA SURRATT and ROBIN CROUGH, known to me to be
the City Manager and City Clerk, respectively, of 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 the day
and year first above written.
Notary Public for the State of Montana (SEAL)
Printed Name: ________________________
Residing at
My Commission Expires / /20
G:\c&h\14\14624\Final Plat\OPEN SPACE DEEDS AND EASEMENT\Public Access Easement Open Space.doc
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WESTBROOK SUBDIVISION126