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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Andrew Kerr, Engineering Assistant
Chris Kukulski, City Manager
SUBJECT: Easement request, Abelin Estate Rentals, LLC
MEETING DATE: July 1.0,2006
BACKGROUND: Abelin Estate Rentals, LLC ("Abelin") submitted a request for an
easement on a portion of Burke Park to allow for the continued encroachment and maintenance
of some structures owned by Abelin onto Burke Park. A brief history of the encroachment has
been provided by Abelin and is attached. The easement document is available for review in the
City Clerk's office. The area of the requested easement amounts to 4,430 square feet.
RECOMMENDATION: The structures have been encroachments for many years, even before
the Burke property was obtained by the city, and it seems reasonable to grant this request and
authorize the City Manager to sign the easement.
FISCAL EFFECTS: None identified.
ALTERNATIVES: As suggested by the City Commission.
Res ctfully submitted,
C" A -?�, �-
Andrew Kerr, Engineering Assistant Chris A. Kukulski, City Manager
Attachments: Encroachment history
Report compiled on 6/28/2006
Cc: Ron Dingman, Park Superintendent
Ron Brey, Assistant City Manager
Debbie Arkell, Director of Public Service
Rick Hixson, City Engineer
Paul Luwe, City Attorney
History of Abelin Property and Encroachment of Structures onto Adjoining Property
Alfred Abelin purchased the property currently addressed as 1316-1326 S. Church Avenue in the
late 1930's or early 1940's.
1960—buildings #3 and #4 were built
1962—Mr. Burke wrote a letter to Alfred saying he had no objection to building the garage and
they would try to work out an easement for it.
1965-1991 —Alfred tried to purchase the land from Burke.
1991 —Alfred wrote a letter to Chris Boyd at Gallatin Valley Land Trust. He told Chris that his
home encroached on the Burke Property and offered to buy the land when the City purchased the
property for a park.
1993 —the Certificate of Survey for the Burke Property that was subsequently purchased by the
City was filed. The survey noted the existence of the structure encroachments at the Abelin
property.