HomeMy WebLinkAboutConsent 15
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Anna Russell, Engineer II Shawn Kohtz, City Engineer
SUBJECT: Authorize the City Manager to sign a release and reconveyance of
easement with 2B Holdings LLC vacating a 30 foot wide public utility easement along the southeast line of Lot 5 and Lot 6, and the northwest lot line of Lot 4 of the Gallatin Center Subdivision P.U.D., Phase 1 for the Gallatin Center Subdivision Exception Project (19406).
MEETING DATE: May 4, 2020
AGENDA ITEM TYPE: Consent Agenda
RECOMMENDATION: Authorize the City Manager to sign a release and reconveyance of
easement with 2B Holdings LLC vacating a 30 foot wide public utility easement along the southeast line of Lot 5 and Lot 6, and the northwest lot line of Lot 4 of the Gallatin Center Subdivision P.U.D., Phase 1 for the
Gallatin Center Subdivision Exception Project (19406). BACKGROUND: Attached is a copy (original to City Clerk) of the partially executed agreement. Engineering staff reviewed the document and found it to be
acceptable.
FISCAL EFFECTS: N/A ALTERNATIVES: As suggested by the City Commission.
Attachments: Release and Reconveyance of Easement
Original Easement Agreement dated November 19, 1998 with Exhibits
Report compiled on: 4/20/20
177
Return to:
Auto Extreme Inc.
18601 LBJ Freeway, #525
Mesquite, TX 75150
RELEASE AND RECONVEYANCE OF EASEMENT COMES NOW the City of Bozeman, 121 N. Rouse Avenue, P.O. Box 1230, Bozeman, MT 59771-1230, a Municipal Corporation of the State of Montana, the GRANTOR, does hereby release
and reconvey the following described easement unto 2B Holdings LLC, a Montana limited liability
company, of 81 Jefferson River Road, Three Forks, MT 59752, owner of Lot 4, The Gallatin Center
Subdivision P.U.D, Phase 1, and Auto Xtreme, Inc. a Texas corporation, of 18601 LBJ Freeway, #525,
Mesquite, TX 75150, owner of Lot 5 and Lot 6, The Gallatin Center Subdivision P.U.D, Phase 1, the GRANTEES, as follows:
W I T N E S S E T H
WHEREAS the Grantor is the legal record title holder of a 30 foot wide public utility easement situated along the southeast line of Lot 5 and Lot 6, and the northwest lot line of Lot 4 of The Gallatin
Center Subdivision P.U.D, Phase 1, City of Bozeman, Gallatin County, Montana.
WHEREAS the above 30 foot wide public utility easement is depicted on the plat of The
Gallatin Center Subdivision P.U.D., Phase 1, and was originally granted by the recording of the Easement Agreement on December 9, 1998 as Film 192, Page 1808, records of the office of the Clerk
and Recorder, Gallatin County, Montana. Said easement to be released is specifically shown on Exhibit
“C” of said document.
WHEREAS the 30 foot wide public utility easement will be replaced with a 32 foot wide and 38 foot wide public access and utility easement in the same general location to serve Lot 4, Lot 5 and Lot
6, and the termination of the 30 foot wide public utility easement will not adversely impact the
GRANTOR'S interests.
WHEREFORE, the GRANTOR does hereby release and reconvey to the GRANTEES the 30 foot wide public utility easement situated along the southeast line of Lot 5 and Lot 6, and the northwest
lot line of Lot 4 of The Gallatin Center Subdivision P.U.D, Phase 1, together with any right, title, or
interest that the Grantor may have in said public utility easement. The public utility easements depicted
in Exhibits “A”, “B”, “E”, and “F”, of said Easement Agreement, shall remain intact.
178
DATED this ______ day of _____________________, 2020.
GRANTOR - CITY OF BOZEMAN
___________________________________
By: Dennis M. Taylor, Interim City Manager
ATTEST:
_______________________________ Mike Maas, City Clerk
STATE OF MONTANA )
: ss.
County of Gallatin )
On this ______ day of ___________________, 2020, before me, a Notary Public for the State of
Montana, personally appeared DENNIS M. TAYLOR and MIKE MAAS, known to me to be the
Interim City Manager and City Clerk, respectively, of the City of Bozeman, 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 on the day and year first
above written.
______________________________________ NOTARY PUBLIC FOR THE STATE OF MONTANA SEAL
Printed Name_____________________________
Residing at___________________________
My Commission expires_______________, 202___
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