HomeMy WebLinkAboutPacket 03-19-2007_49-57_Authorize City Manager to sign Release & Reconveyance of Easement from City of Bozeman to Bozeman Deaconess for a sewage lagoon
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Bob Murray, Project Engineer
Chris Kukulski, City Manager
SUBJECT: The Knolls at Hillcrest East
MEETING DATE: 3/19/07
BACKGROUND: Attached is a copy, of the partially executed Release and Reconveyance of
Easements document for the above referenced project. When the New Hyalite
View Subdivision was created, there was an easement granted by Bozeman
Deaconess for a sewage lagoon. The property is now served by City sewer, so
the easement is no longer necessary. Engineering staff has reviewed the
document and found it to be acceptable.
RECOMMENDATION: Authorize City Manager to sign.
FISCAL EFFECTS: N/A
ALTERNATIVES: None
Respectfully submitted,
_________________________________ ____________________________
Robert J. Murray Jr., Project Engineer Chris A. Kukulski, City Manager
Attachments: Release & Reconveyance Document
Report compiled on 3//12/07
49
RELEASE AND RECONVEYANCE OF EASEMENT(S)
COMES NOW the City of Bozeman, 411 E. Main, 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 Bozeman
Deaconess Foundation, Montana as follows:
WITNESSETH
WHEREAS the Grantor is the legal record title holder of sewage lagoon
easement(s) situated across
A tract of land situated in Gallatin County, Montana, being a part
of the Southeast Quarter and Southwest Quarter of section
seventeen (17), Township (2) South, Range Six (6) East M.P.M,
more particularly described as 16.7 acres more or less. As
described in the Easement document on Page 280, Book 135.
City of Bozeman, Gallatin County, Montana.
WHEREAS the above sewage lagoon easement(s) were granted
December 12, 1959 and recorded on September 30, 1960 at the Clerk and Recorder’s
Office of Gallatin County, Montana.
50
WHEREAS the construction of the sewage lagoon has not been completed and
will not have to occupy said easements recorded on page 280, book 1356, and
WHEREAS the potential installation of sanitary sewer mains can be appropriately
considered with future subdivision review of these properties, the vacation of all of the
sewage lagoon easement(s) recorded on page 280, book 135 will not adversely impact the
Grantor’s interests.
WHEREFORE, the Grantor does hereby release and reconvey to Bozeman
Deaconess Foundation 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 in Exhibit A attached
hereto and incorporated herein by reference as though fully set forth and described as
follows: Portions of COS 2047 tract 3 as described in easement recorded on Film 85,
pages 3999 - 4002.
This reconveyance shall not affect other easements of record in the Clerk and
Recorder’s office of Gallatin County, Montana.
DATED this _____ day of ___________________, 20____.
___________________________________
GRANTOR – CITY OF BOZEMAN
Title: ______________________________
ATTEST:
___________________________________
City Clerk
51
STATE OF MONTANA )
)ss.
County of Gallatin )
On this ______ day of ___________________20____, before me, a Notary Public
for the State of Montana, personally appeared CHRIS KUKULSKI and BRIT
FONTENOT, 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
Residing at:_______________________
My Commission Expires: __/____/20__
52
EXHIBIT A
EASEMENT DOCUMENT
53
54
55
56