HomeMy WebLinkAboutNon-exclusive access & Utility Easement requested by Global Tower Assets
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Tim Cooper, Assistant City Attorney
Chris Kukulski, City Manager
SUBJECT: Consideration of a request by Global Tower Assets, LLC. for a non-
exclusive access and utility easement across land owned jointly by
Gallatin County and the City of Bozeman
MEETING DATE: September 14, 2009
BACKGROUND:
On April 9, 2009 Global Tower Assets, LLC received Conditional Use Permit (CUP) approval
from Gallatin County to construct a cell tower in the AR-80 sub-district of the Bozeman Pass
Zoning District on property located at 1285 Beacon Hill Rd. The property is legally described as
the Southwest Quarter (SW1/4) of Section Thirteen (S13), Township Tow South (T2S), Range
Seven East (R7E), P.M.M., Gallatin County, Montana.
As part of the CUP approval the applicant was required to receive final plat approval for a
subdivision by lease (Exhibit A). On June 16, 2009 Global Tower Assets, LLC made an
application for preliminary plat approval for a subdivision by lease to create a utility lot to
accommodate a cell tower. Upon element review (§4.E.a.i.A of the County Subdivision
Regulations) staff discovered that “access to” the proposed subdivision would require “use of an
existing trail that crosses the City/County property,” legally described as Parcel A of COS 1488
located in the Southwest Quarter (SW1/4) of Section Thirteen (S13), Township Two South
(T2S), Range Seven East (R7E), P.M.M., Gallatin County, Montana (Exhibit B, pages 1-8).
On June 17, 2009 the applicant was informed an access easement to cross the County and City
owned property would be needed. The applicant contacted the County Attorney’s office at the
recommendation of planning staff on June 18, 2009. Aon August 20, 2009 an agreed upon Non-
Exclusive Access and Utility Easement was reached (Exhibit C). The applicant sought and
received the County Commission’s approval of the agreed upon easement on September 1, 2009.
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RECOMMENDATION: City staff recommends approval of the easement. Upon approval by
the City, the agreement shall be recorded with the Gallatin County Clerk and Recorder, and a
copy submitted to the County Planning Department as part of the preliminary plat application for
subdivision by lease to accommodate a cell tower.
FISCAL EFFECTS: There are no fiscal effects.
ALTERNATIVES: As suggested by the City Commission.
Respectfully submitted,
_________________________________ ____________________________
Tim Cooper, Assistant City Attorney Chris A. Kukulski, City Manager
Attachments:
Non-Exclusive Access and Utility Easement
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