HomeMy WebLinkAbout12-03-18 City Commission Packet Materials - C5. Irrigation Pipeline Easement with Maynard Border Pipeline Group for Sports Park1
Commission Memorandum
REPORT TO: Mayor and City Commission FROM: Tim Cooper, Assistant City Attorney
SUBJECT: Maynard Irrigation Pipeline Easement across the Sports Park.
MEETING DATE: December 3, 2018
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the City Manager to grant an irrigation pipeline easement across the Sports Park to irrigators organized as the Maynard Border Pipeline Group.
BACKGROUND: In the early 1990s the Maynard Border pipeline was constructed through a
Natural Resources Conservation Services (NRCS) cost-share program. The pipeline generally
extended from the south side of the intersection of Flanders Mill Road and Durston Road northward for approximately three miles to Valley Center Road. The pipeline is fed by the Maynard Border Ditch which originates from the Farmer’s Canal, approximately 1.5 miles south of the headgate at
Flanders Mill Road and Durston Road.
The original pipeline alignment crossed what is now Bozeman School District and City of Bozeman owned parcels; Meadowlark Elementary, new High School site, and the Sports Park. Initially, there was no express, written easement. However, the existence of the pipeline and implied easement was
plainly disclosed to both the school district and the city when purchasing the respective properties.
In the spring of 2017, the City realigned the pipeline at the Sports Park to the eastern edge of the property. This realignment necessitates formalizing the easement to establish an accurate legal description of the exact location of the pipeline. The easement document also serves to release and
reconvey all rights and interests the irrigators had in the original pipeline easement.
UNRESOLVED ISSUES: None determined at this time.
ALTERNATIVES: As determined by the Commission.
FISCAL EFFECTS: None identified.
Report compiled on November 21, 2018
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