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: $21.00
Charlotte Mills Gallatin County, MT MISC
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County of Gallatin
On this I (-P 44% day of 0 c 6gy 2 before me, a Notary Public for
the State of Montana, personally appeared CHRIS KUKULSKI and STACY ULMEN, known to
me to be the City Manager and City Clerk, respectively, of the City of Bozeman and the persons
whose names are subscribed to the within instrument, and acknowledged to me that they
executed the same for and on behalf of the City of Bozeman.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
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FUR THE SS7ATf? C)F MONTANA
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BO$� 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
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