HomeMy WebLinkAboutApprove South University District Release and Reconveyance of Public Access and Utility Easements_4 Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Dustin Johnson, Project Engineer Richard Hixson, City Engineer
SUBJECT: South University District–
Release and Reconveyance of Public Access and Utility Easements
MEETING DATE: March 3, 2014
AGENDA ITEM TYPE: Consent Agenda
RECOMMENDATION: Authorize City Manager to sign
BACKGROUND: Attached is a copy (original to Stacy Ulmen), of the three release
and reconveyances (to RTR Holdings II) of previously executed public
access and utility easements. Engineering staff has reviewed the
documents and found them to be acceptable.
The development has modified their original layout which required
that the original easements be released. The new public access and utility
easements will be recorded with the new plat to better reflect the site
layout.
FISCAL EFFECTS: N/A
ALTERNATIVES: As suggested by the City Commission.
Attachments:Three Release and Reconveyance of Easements
Report compiled on: 2/20/14
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Please return to: City of Bozeman – City Clerk
P.O. Box 1230 Bozeman, MT 59771-1230
RELEASE AND RECONVEYANCE OF EASEMENTS
COMES NOW the City of Bozeman, 121 North Rouse Avenue, Bozeman, MT 59715, a
Municipal Corporation of the State of Montana hereinafter ("GRANTOR") and does hereby
release and reconvey the following described easement(s) unto RTR Holdings II, Montana as
follows:
W I T N E S S E T H
WHEREAS the Grantor is the legal record title holder of Public Access easements situated
across: Tract B of COS 2661, excepting Parcel 2 of Document 2311126, located in the SW1/4 of
Section 13, T2S, R5E, and the NW1/4 of Section 24, T2S, R5E, PMM, City of Bozeman,
Gallatin County, Montana.
WHEREAS the above Public Access easements were granted December 11, 2012 and
recorded on February 2, 2013 at the Clerk and Recorder's Office of Gallatin County, Montana.
WHEREAS the planned location of public walkways have been relocated without having
to occupy said easements recorded on February 2, 2013, and WHEREAS the potential re-
alignment of public walkways can be appropriately considered with future subdivision review of
these properties, the vacation of all of the Public Access easements recorded on February 2, 2012
will not adversely impact the Grantor's interests.
WHEREFORE, the Grantor does hereby release and reconvey to RTR Holdings II those
portions of the easement(s) located on the above described real property as set forth on Exhibit A
attached hereto together with any right, title, or interest that the Grantor may have in said
easements as set forth on Exhibit A attached hereto and incorporated herein by reference as
though fully set forth and described as follows: Public Access Easement recorded on February 2,
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2013 as Document 2440469, in the Office of the Clerk and Recorder, Gallatin County, Montana.
DATED this ______ day of _____________________, 20 .
___________________________________ GRANTOR - CITY OF BOZEMAN
Title _____________________________
ATTEST:
City Clerk
STATE OF MONTANA )
)ss.
County of Gallatin ) On this ________ day of ___________________, 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)
Notary Public for the State of Montana
(Printed Name)
Residing at
My Commission Expires / /20
14
S. 11th AVE.S. 12th AVE.S. 13th AVE.S. 14th AVE.STADIUM VIEW DR.
STATE ST.
CAMPUS BOULEVARD
STAHLY ENGINEERING & ASSOCIATES
EXHIBIT
A
Public Access Easements
South University District
RTR Holdings II
Bozeman, MT
Professional Engineers& Surveyors
15
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Please return to: City of Bozeman – City Clerk
P.O. Box 1230 Bozeman, MT 59771-1230
RELEASE AND RECONVEYANCE OF EASEMENTS
COMES NOW the City of Bozeman, 121 North Rouse Avenue, Bozeman, MT 59715, a
Municipal Corporation of the State of Montana hereinafter ("GRANTOR") and does hereby
release and reconvey the following described easement(s) unto RTR Holdings II, Montana as
follows:
W I T N E S S E T H
WHEREAS the Grantor is the legal record title holder of Public Street and Utility easements
situated across: Tract B of COS 2661, excepting Parcel 2 of Document 2311126, located in the
SW1/4 of Section 13, T2S, R5E, and the NW1/4 of Section 24, T2S, R5E, PMM, City of
Bozeman, Gallatin County, Montana.
WHEREAS the above Public Street and Utility easements were granted December 11,
2012 and recorded on February 2, 2013 at the Clerk and Recorder's Office of Gallatin County,
Montana.
WHEREAS the planned location of public streets and utilities have been relocated
without having to occupy said easements recorded on February 2, 2013, and WHEREAS the
potential re-alignment of public streets and utilites can be appropriately considered with future
subdivision review of these properties, the vacation of all of the Public Street and Utility
easements recorded on February 2, 2012 will not adversely impact the Grantor's interests.
WHEREFORE, the Grantor does hereby release and reconvey to RTR Holdings II those
portions of the easement(s) located on the above described real property as set forth on Exhibit A
attached hereto together with any right, title, or interest that the Grantor may have in said
easements as set forth on Exhibit A attached hereto and incorporated herein by reference as
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though fully set forth and described as follows: Public Street and Utility Easement recorded on
February 2, 2013 as Document 2440467, in the Office of the Clerk and Recorder, Gallatin
County, Montana.
DATED this ______ day of _____________________, 20 .
___________________________________ GRANTOR - CITY OF BOZEMAN
Title _____________________________
ATTEST:
City Clerk
STATE OF MONTANA )
)ss.
County of Gallatin ) On this ________ day of ___________________, 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)
Notary Public for the State of Montana
(Printed Name)
Residing at
My Commission Expires / /20
17
S. 11th AVE.S. 12th AVE.S. 13th AVE.S. 14th AVE.STADIUM VIEW DR.
STATE ST.
'
'
'
'
CAMPUS BOULEVARD
STAHLY ENGINEERING & ASSOCIATES
EXHIBIT
A
Public Street and Utility Easements
South University District
RTR Holdings II
Bozeman, MT
Professional Engineers& Surveyors
18
1
Please return to: City of Bozeman – City Clerk
P.O. Box 1230 Bozeman, MT 59771-1230
RELEASE AND RECONVEYANCE OF EASEMENTS
COMES NOW the City of Bozeman, 121 North Rouse Avenue, Bozeman, MT 59715, a
Municipal Corporation of the State of Montana hereinafter ("GRANTOR") and does hereby
release and reconvey the following described easement(s) unto RTR Holdings II, Montana as
follows:
W I T N E S S E T H
WHEREAS the Grantor is the legal record title holder of Sewer Pipeline and Access easements
situated across: Tract B of COS 2661, excepting Parcel 2 of Document 2311126, located in the
SW1/4 of Section 13, T2S, R5E, and the NW1/4 of Section 24, T2S, R5E, PMM, City of
Bozeman, Gallatin County, Montana.
WHEREAS the above Sewer and Pipeline and Access easements were granted December
11, 2012 and recorded on February 2, 2013 at the Clerk and Recorder's Office of Gallatin
County, Montana.
WHEREAS the planned location of sewer pipeline has been relocated without having to
occupy said easements recorded on February 2, 2013, and WHEREAS the potential re-alignment
of sewer pipeline can be appropriately considered with future subdivision review of these
properties, the vacation of all of the Sewer Pipeline and Access easements recorded on February
2, 2012 will not adversely impact the Grantor's interests.
WHEREFORE, the Grantor does hereby release and reconvey to RTR Holdings II those
portions of the easement(s) located on the above described real property as set forth on Exhibit A
attached hereto together with any right, title, or interest that the Grantor may have in said
easements as set forth on Exhibit A attached hereto and incorporated herein by reference as
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though fully set forth and described as follows: Sewer Pipeline and Access Easement and
Agreement recorded on February 2, 2013 as Document 2440466, in the Office of the Clerk and
Recorder, Gallatin County, Montana.
DATED this ______ day of _____________________, 20 .
___________________________________ GRANTOR - CITY OF BOZEMAN
Title _____________________________
ATTEST:
City Clerk
STATE OF MONTANA )
)ss.
County of Gallatin ) On this ________ day of ___________________, 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)
Notary Public for the State of Montana
(Printed Name)
Residing at
My Commission Expires / /20
20
S. 11th AVE.S. 12th AVE.S. 13th AVE.S. 14th AVE.STADIUM
VIEW DR.
STATE ST.
CAMPUS BOULEVARD
STAHLY ENGINEERING & ASSOCIATES
EXHIBIT
A
Sewer Pipeline Easements
South University District
RTR Holdings II
Bozeman, MT
Professional Engineers& Surveyors
21