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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Andrew Kerr, Engineering Assistant
Rick Hixson, City Engineer
Debbie Arkell, Director of Public Service
SUBJECT: Release and Re-conveyance of Easement
MEETING DATE: August 27, 2012
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize City Manager to sign Release and Re-conveyance of
Public Drainage Easement, Lot 11a, Graf’s 2nd Subdivision
BACKGROUND: J. Christopher Gonzales and Olivia Hoyt-Gonzales, 711 O’Connell Drive, Bozeman, MT, have requested the release of a drainage easement located on a portion of Lot
11a, Graf’s 2nd Subdivision, 711 O’Connell Drive (formerly Lot 11, Graf’s 2nd Subdivision). The
easement was granted by the previous owner of Lot 11 to allow for the re-location of a storm
drainage detention pond to facilitate installation of a driveway for the residence at 711 O’Connell Drive. This year Mr. Gonzales re-located and re-configured the pond again so now it is completely within the right-of-way of O’Connell Drive. As the pond is no longer on Lot 11 there
is no need to retain the public drainage easement.
UNRESOLVED ISSUES: None identified.
ALTERNATIVES: As suggested by the Commission.
FISCAL EFFECTS: None identified.
Attachments: Release and Re-conveyance document Existing public drainage easement
Report compiled on: August 17, 2012
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RELEASE AND RECONVEYANCE OF EASEMENT
COMES NOW the City of Bozeman, 121 N. Rouse Avenue, Bozeman, MT 59715, a
Municipal Corporation of the State of Montana hereinafter ("GRANTOR") and does hereby
release and reconvey the following described easements unto J. Christopher Gonzales and Olivia
Hoyt-Gonzales ("GRANTEE") as follows:
W I T N E S S E T H
WHEREAS the Grantor is the legal record title holder of a public drainage easement
situated on a portion of Lot 11a, Graf’s 2nd Subdivision, City of Bozeman, Gallatin County,
Montana.
WHEREAS the above public drainage easement was granted July 31, 2002 and
recorded on Dec. 6, 2002, Document Number 2090058 at the Clerk and Recorder's Office of
Gallatin County, Montana.
WHEREAS the construction of public drainage facilities have been completed without
having to occupy said easement recorded on Dec. 6, 2002 , the vacation of all of the public
drainage easement recorded on Dec. 6, 2002 will not adversely impact the Grantor's
interests.
WHEREFORE, the Grantor does hereby release and reconvey to J. Christopher Gonzales
and Olivia Hoyt-Gonzales those portions of the public drainage easement located on the
above described real property together with any right, title, or interest that the Grantor may have
in said public drainage easement.
DATED this ______ day of _____________________, 201 .
___________________________________
GRANTOR - CITY OF BOZEMAN
TITLE City Manager
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ATTEST:
_______________________________
City Clerk
STATE OF MONTANA )
: ss.
Gallatin County )
On this ______ day of ___________________, 201__ , 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 known to me to be the persons whose names are
subscribed to the foregoing instrument and acknowledged to me that they executed the same.
In witness whereof, I have hereunto set my hand and affixed my seal on the day and year
first written above.
______________________________________
NOTARY PUBLIC FOR THE STATE OF MONTANA SEAL
Printed Name_____________________________
Residing at___________________________
My Commission expires_______________, 201___
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