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HomeMy WebLinkAbout031_Encroachment Permit Correspondence1 Maryanne St. Sauver From:Alicia Paz-Solis <apazsolis@BOZEMAN.NET> on behalf of Alicia Paz-Solis Sent:Wednesday, February 8, 2023 2:11 PM To:Maryanne St. Sauver Cc:Bill Hanson Subject:RE: Trinity Church Encroachment Permit request Attachments:Sewer & Water Pipeline Access Easement.doc Hi Maryanne and Bill, Correct, the encroachment permit is no longer needed. Lance confirmed this, and that we will need the (previously discussed) Sewer & Water Pipeline Access Easement. I am a&aching our standard template for you to use. Please let me know if I can help answer any ques*ons. Thank you, City of Bozeman MT Alicia Paz-Solis, EI | Engineering 406 582 2976 https://www.bozeman.net From: Maryanne St. Sauver <maryannes@think1.com> Sent: Wednesday, February 8, 2023 11:07 AM To: Alicia Paz-Solis <apazsolis@BOZEMAN.NET> Cc: Bill Hanson <bhanson@think1.com> Subject: RE: Trinity Church Encroachment Permit request CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Alicia, I had an opportunity to review the Encroachment Permit request with Bill. Based on our understanding of the exis*ng “Access and U*lity Easement”, we are hesitant in providing an encroachment permit as Trinity Church s*ll owns this sec*on of land. Below are sec*ons from the “Access and U*lity Easement” agreement outlining the 60D right-of-way easement as well as the use of the area “unless and un*l” the area is developed and dedicated to the public. 1. With the exis*ng “Access and U*lity Easement”, Trinity Church s*ll owns this sec*on of land since it is not a dedicated ROW, rather a 60’ wide right-of-way easement. As such, we do not see a need to provide an encroachment permit. Please see snapshot below from Easement agreement. 2 2. In regards to the use of the land, specific language in the agreement outlines that the “…Grantor (Trinity Church) reserves the right to use the Easement granted herein, and Grantee (City of Bozeman) shall not interfere, unreasonably hinder, burden or prevent Grantor’s reasonable use and enjoyment of the area…”. As shown in our Site Plan, the area in ques*on is being used for parking and drive access. Please see snapshot below from Easement agreement. Please let us know if the City has a different posi*on and how we can best come to an agreement. Thank you! Maryanne St.Sauver Architecture Associate 101 East Main St. - Suite A Bozeman, Montana 59715 phone: (406) 586-7020 maryannes@think1.com From: Maryanne St. Sauver <maryannes@think1.com> Sent: Wednesday, February 8, 2023 9:35 AM To: 'Alicia Paz-Solis' <apazsolis@BOZEMAN.NET> Cc: Bill Hanson <bhanson@think1.com> Subject: Trinity Church Encroachment Permit request Good Morning Alicia, I am wrapping up our responses and pulling the documenta*on and drawings together for our re-submi&al. One item I was hoping you can help clarify for me is the Encroachment Permit (comment 16). In our document 015 (a&ached), we outlined the use as described in the signed Access and U*lity Easement. Do we need a secondary Encroachment Permit for the Access and U*lity Easement? Or is this in rela*on to the developing U*lity Easement, which is a condi*on of the Infrastructure approval? Can you help me understand the need for the Encroachment Permit? If we need to re-submit a new encroachment permit, is that required with the Site Plan Approval or with the upcoming U*lity Easement? 3 Thanks for your help! Much appreciated, Maryanne Maryanne St.Sauver Architecture Associate 101 East Main St. - Suite A Bozeman, Montana 59715 phone: (406) 586-7020 maryannes@think1.com City of Bozeman emails are subject to the Right to Know provisions of Montana’s Constitution (Art. II, Sect. 9) and may be considered a “public record” pursuant to Title 2, Chpt. 6, Montana Code Annotated. As such, this email, its sender and receiver, and the contents may be available for public disclosure and will be retained pursuant to the City’s record retention policies. Emails that contain confidential information such as information related to individual privacy may be protected from disclosure under law.