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Memorandum to City Commission: Final Adoption of Authorization for Perpetual Easement Page 1 of 2
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission.
FROM: Scott Lee, Parking Manager.
SUBJECT: Authorize Parking Manager to sign Ingress/Egress Easements associated
with the sale of the Second floor office space in the Bridger Park Downtown Parking Garage.
MEETING DATE: October 8, 2012.
AGENDA ITEM TYPE: Consent (4/5 vote of the Commission required for Authorization
of Parking Manager to Sign Amendments)
RECOMMENDATION: I recommend the Commission give approval to the Parking Manager
to sign the Amendment No. 1 and Amendment No. 2 and approve the granting of a Perpetual
Easement for Ingress/Egress to the 2nd Floor Retail Unit at Parking Garage.
SUGGESTED MOTION: If the item is removed from consent, I suggest the following motion: Having conducted a public hearing on October 8, 2012, considered written and spoken
public testimony, and based on the findings contained in the Amendment No.1 and Amendment
No.2 to the Condo Declarations and By-Laws, I hereby move to: (i) finally adopt and authorize
the Parking Manager to sign both amendments on behalf of the City of Bozeman, and grant a Perpetual Easement for Ingress/Egress to the 2nd Floor Retail Unit at the Parking Garage.
BACKGROUND:
The Parking Manager has previously been given authority to act on behalf of the City re: both
condo associations (Intermodal Commerce Condominiums and Mendenhall Marketplace Condominiums), but is putting this action before the City Commission because the amendment
to the declaration for the intermodal commerce condominiums has a perpetual easement tied to
it.
While the City had no intent to prevent ingress or egress to any member of the public, the Buyer of the 2nd floor vacant office space has requested specific language to be included in the
amendment.
ALTERNATIVES: As determined by the City Commission.
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Memorandum to City Commission: Final Adoption of Authorization for Perpetual Easement Page 2 of 2
FISCAL EFFECTS: NONE
ATTACHMENTS:
• Amendment No. 1 Intermodal Commerce Condo Docs and Amendment No. 2 –
Mendenhall Marketplace Condo Docs with exhibits
Report compiled on: September 28, 2012
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