HomeMy WebLinkAbout09-10-18 City Commission Packet Materials - C3. Release and Reconveyance of Easement for Bozeman Brewery Sewer
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Rick Hixson, City Engineer
SUBJECT: Release and Reconveyance of a Sewer and Water Pipeline and Access Easement and Agreement
AGENDA ITEM TYPE: Consent
MEETING DATE: September 10, 2018
RECOMMENDATION: Authorize the City Manager to execute the Release and
Reconveyance of Easement, known as the Bozeman Brewery Sewer Main Easement, originally granted by Scala Properties LLC, to the City of Bozeman.
BACKGROUND: This Sewer and Water Pipeline and Access Easement and Agreement was
recorded August 13, 2008. It was intended to create the location for utilities needed for a project
proposed for this parcel. The project for which the easement was required was never developed and no water or sewer pipeline has ever occupied the easement. Another party intends to buy this parcel and they have informed us that this easement will not be used for any new public utilities
needed for that project. City legal staff have reviewed this request and concluded that since the
location of new utility lines can be appropriately considered with any future site plan for the
property, and since the purpose of the recorded easement no longer exists, the termination of the easement will not adversely affect the City's interests.
UNRESOLVED ISSUES: None.
FISCAL EFFECTS: None. ALTERNATIVES: As suggested by the City Commission.
Attachments: Original Release and Reconveyance Documents.
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RELEASE AND RECONVEYANCE OF EASEMENT
COMES NOW the City of Bozeman, 121 North Rouse Avenue, Bozeman, MT 59715, a
Municipal Corporation of the State of Montana hereinafter ("GRANTOR") and does hereby
release and reconvey the following described easement unto SCALA PROPERTIES LLC, a
Delaware Limited Liability Company of 3 Cherry Hills, Birmingham, Alabama hereinafter
(“GRANTEE”) as follows:
W I T N E S S E T H
WHEREAS the Grantor is the legal record title holder of a Sewer and Water Pipeline
and Access Easement and Agreement (“Sewer and Water Easement”) situated across the South-
East Quarter of Section 6, Township 2 South, Range 6 East P.M.M., City of Bozeman, Gallatin
County, Montana, a copy of which is attached hereto as Exhibit “A”;
WHEREAS the above Sewer and Water Easement was granted February 27, 2008 and
recorded on August 13, 2008 at the Clerk and Recorder's Office of Gallatin County, Montana, as
Document #2307994; and
WHEREAS the construction of the project for which this Sewer and Water Easement
was required was never developed and no sewer and water pipeline has ever occupied said
easement recorded on August 13, 2008 as Document #2307994; and
WHEREAS the location of a new Sewer and Water Easement can be appropriately
considered with future Site Plan review of these properties, and the purpose of the recorded
easement no longer exists, the termination of the Sewer and Water Easement recorded on August
13, 2008 as Document #2307994 will not adversely impact the Grantor's interests.
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WHEREFORE, the Grantor does hereby release and reconvey to SCALA
PROPERTIES, LLC, a Delaware Limited Liability Company of 3 Cherry Hills, Birmingham,
Alabama, the Sewer and Water Easement located on the above described real property as set
forth on Exhibit A attached hereto together with any right, title, or interest that the Grantor may
have in said Sewer and Water Easement as set forth on Exhibit A attached hereto and
incorporated herein by reference as though fully set forth.
DATED this ______ day of _____________________, 2018.
___________________________________
GRANTOR - CITY OF BOZEMAN
________________________________ ANDREA SURRATT, City Manager
ATTEST:
ROBIN CROUGH, City Clerk
STATE OF MONTANA )
)ss. County of Gallatin )
On this ________ day of ___________________, 2018, 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 pursuant to the authority vested in
them.
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 Montana
(Printed Name)
Residing at
My Commission Expires / /20
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