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HomeMy WebLinkAbout09- Lower Yards, City of Bozeman Utility Easement r City of Bozeman -City Clerk Y Box 1230 Bozeman, MT 59771 -1230 UTILITY EASEMENT The City of Bozeman GRANTOR, a municipal corporation of the State of Montana, with offices at 121 North Rouse Avenue, Bozeman, Montana 59715, hereby grants a perpetual utility easement for the use of each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, electric power, gas, internet, cable television or other similar utility or service, GRANTEES, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, through, and across a strip of land situated in Gallatin County, Montana, 10' feet wide to be located on the following described real property: A tract of land described in Deed Bk. 97 P 626 less right- of-way for Griffin Drive described in Bargain Sale Deed Film 74 P 2550 located in the NE 1 /4, Sec. 6, T2S, R6E, P.M.M., Gallatin County, Montana The easement is more particularly described on the attached Exhibit(s) A which by this reference is made a part hereof. The GRANTOR states that it possesses the real property described above and that it has a lawful right to grant an easement thereon. The GRANTOR further agrees that the GRANTEES may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR. The terms, covenants, and provisions of this easement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto. DATED this _@�d ay of 20Lt. CITY OF BOZEMAN By. Xka� City Manager 2349821 Page: 1 of 3 12/21/2009 01:36:10 PM Fee: $21.00 Charlotte Mills Gallatin County, MT MISC 111 III 1 1111 HIM 1111111111 11111111111 a2 AT 7 City 1 Y r 1883 STATE dF WNTW CO. )ss. County of Gallatin On this I (-P 44% day of 0 c 6gy 2 before me, a Notary Public for the State of Montana, personally appeared CHRIS KUKULSKI and STACY ULMEN, known to me to be the City Manager and City Clerk, respectively, of the City of Bozeman and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) =�N ....�!SS P NOTARIAL �L Not y Public for the State of Montana 0 1r rt'i� R es( Pri nted me) d ng at My Commission Expires /20 AIMEE KISSEL NOTpHV V 0131 -1C FUR THE SS7ATf? C)F MONTANA ii L'�.t C ?1NCi "T B�ZIE= NIt1N. MUN "If'Ir.NA MY irC71V1Ntt�i'�IC7N *FXF•1RF-5i BO$� THE CITY OF BOZEMAN U�r 20 E, OLIVE P.O, FOX 1230 BOZEMAN, MONTANA 59771 1230 Qp ENGINEERING DEPARTMENT PHONE: (406) 562-2260 FAX: (406) 582 -2263 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Brian Heaston, Project Engineer Chuck Winn, Assistant City Manager SUBJECT: Public Utility Easement Lower Yards MEETING DATE: October 12, 2009 Consent Agenda RECOMMENDATION: Authorize the City Manager to Sign a Public Utility Easement for the City of Bozeman Lower Yards Property. BACKGROUND: The City of Bozeman Lower Yards property will undergo improvements to construct a shared vehicle maintenance and storage facility with HRDC. A `subdivision by lease' was necessitated to support the development of a lease agreement for and between the City and HRDC. By statute, subdivisions by lease must undergo formal subdivision review, though they are not subject to filing or surveying requirements of the Montana Subdivision and Platting Act. The City Commission granted conditional approval of the Lower Yards subdivision by lease, with a condition of approval requiring that a utility easement be granted along the property's north, south and east boundaries. The attached utility easement document is provided to satisfy this condition of approval. Engineering staff has reviewed the document and finds it acceptable for execution by the City Manager. FISCAL EFFECTS: N/A ALTERNATIVES: As recommended by the City Commission. Respectfully submitted, Approved by: Brian Heaston Chuck Winn Project Engineer Assistant City Manager Attachments: (1) Public Utility Easements Report compiled on October 1, 2009 cc: Project File HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK