HomeMy WebLinkAboutCity Commission Meeting 5.18.2020 C9 Approve Stormwater Easement; The Crossing 2 Ph 4G & 4H Commission Memorandum
REPORT TO: Mayor and City Commission
FROM: Chris Saunders, Community Development Manager SUBJECT: Approve the stormwater easement in association with The Crossing 2 Phase 4G&4H Major Subdivision Final Plat; authorize
the City Manager to execute the same on behalf of the City of Bozeman, Application 20059. MEETING DATE: May 18, 2020
AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission approve the stormwater easement in
association with The Crossing II Phase 4G&4H Subdivision Final Plat; and authorize the City
Manager to execute the same on behalf of the City of Bozeman.
BACKGROUND: On May 6, 2013, the City Commission approved the findings of fact
completing the preliminary plat approval to subdivide 36.94 acres together with the required supplementary plans and information to create three commercial lots and a park, and rights-of-way. Several prior phases have completed the final plat process. The developer has applied for final plat review and approval for the final two phases, 4G and 4H. The preliminary plat was
approved by the City Commission on March 25, 2013.
One of the required steps for final plat is completion of a stormwater easement. City Engineering
has reviewed the attached easement and finds it adequate to meet the requirement for the completion of the final plat.
UNRESOLVED ISSUES: None.
ALTERNATIVES: As proposed by the City Commission. FISCAL EFFECTS: Fiscal impacts are undetermined at this time.
Report compiled on April 21, 2020 Attachments: Staff Memo easement
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After Recording Return to:McLean, Younkin & Willett, PLLC2066 Stadium Drive, Ste. 101Bozeman,MT 59715'€GRANT OF EASEMENT IN GROSSTHIS GRANT OF EASEMENT IN GROSS ("Grant of Easement") is granted this^ day of /?^;j _, 20Z£>, by CAMPECHE SHORES DEVELOPMENT, LLC, aTexas limited liability company of P.O. Box 3088, Galveston, Texas 77552 ("Grantor").WHEREAS, Declarant is the owner of real property legally described as follows("Property"): Lot 4 of Minor Subdivision 400, Gallatin County, Montana; andWHEREAS, Declarant desires to grant an easement in gross for the benefit of the City ofBozeman, a city incorporated under the laws of the State of Montana ("Grantee"), in order toestablish proper drainage for future development contemplated within the Baxter MeadowsMaster Community, and to comply with the City ofBozeman standards applicable to stormwater drainage.NOW, THEREFORE, the Grantor hereby grants to Grantee, an easement in gross, asfollows:1. Grant and Description of Easement. Grantor hereby grants to Grantee and its permittedassigns, a non-exclusive, easement in gross ("Easement") over, under, and across the portion ofthe Property, being approximately 8,088 square feet ("Stormwater Pond"), as depicted on ExhibitA (attached hereto and incorporated by this reference) as the "STORMWATER POND 5B".2. Use of Easement; Restrictions and Prohibitions. Grantee's Easement to theStormwater Pond shall be for the limited purposes of the use and ingress and egress to theStormwater Pond. There shall be no expansion of the scope of use of the Easement or the size ofthe Stormwater Pond without written consent of Grantor.3. Assisnabilifry. This Easement is granted to Grantee in gross and is assignable only to asuccessor entity of Grantee whose purpose is substantially the same as the Grantee's ("PermittedTransferee").4. Termination. This Easement shall terminate and be of no further force and effect ifGrantee (i) ceases to use the Stormwater Pond for the purposes set forth herein; (ii) uses theGRANT OF EASEMENT IN GROSS - 1113
Stormwater Pond for any purpose not expressly permitted herein; or (iii) assigns its rights to theEasement to a party other than a Permitted Transferee.IN WITNESS WHEREOF, the Grantor executes this Grant of Easement on the date firstwritten above.GRANTOR:CAMPECHE SHORES DEVELOPMENT, LLCa Texas limitpd^liability company^-<Byj•^^R. Su((»v«^ .its Pfesi-'a^STATE OF _V^W>County of b'^A-^^_):ss.i..)_&(Q1This foregoing instrument was acknowledged before me this '| day of,~20 ^'0 , by ^o^ t. <^A^CAA-\ as ff^iLV^ofCa'mpeche Shores Development, LLC, a T^xas limited liability company.^^'Ak.cfi.^/a^MALLORYDIOSDADONotary.PublicState of TexasID #J 3092228-8MyComm. Expires T2-'"06-2020%y*•%^•V?sr@NOTARY PUB^C for the State of T £-X/-^GRANT OF EASEMENT IN GROSS - 2114