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Home My WebLink About10-22-07_Authorize City Manager to sign The Knolls at 2_5Commission Memorandum REPORT TO Honorable Mayor and City Commission FROM Jami Morris Contract Planner SUBJECT The Knolls at Hillcrest Release and Reconveyance of Easements MEETING DATE Monday October 22 2007 Consent Item RECOMMENDATION The City Commission authorize the City Manager to sign the Release and Reconveyance of Easements BACKGROUND The Release and Reconveyance of Easements is for surface drainage across portions of cas 2047 New surface drainage easements are being provided with final plat for The Knolls at Hillcrest Engineering staff has reviewed the agreement and found it to be acceptable UNRESOLVED ISSUES None FISCAL EFFECTS Fiscal impacts are undetermined at this time ALTERNATIVES None CONTACT Please feel free to email JamiMorrisatjamimorrislabresnannetifyouhave any questions APPROVED BY Andrew Epple Planning Director Chris Kukulski City Manager ATTACHMENTS Release and Reconveyance of Easements Report compiled on October 8 2007 11 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 unto Bozeman Deaconess Foundation Montana as follows City of Bozeman Gallatin County Montana WITNESSETH WHEREAS the Grantor is the legal record title holder of a surface drainage easement situated across Portions of COS 2047 Tracts 12 and 3 as described in the easement document recorded on Film 85 pages 3999 4002 City of Bozeman Gallatin County Montana WHEREAS the above surface drainage easement was granted August 14 1984 and recorded on December 10 1984 at the Clerk and Recorder s Office of Gallatin County Montana WHEREAS the construction of The Knolls at Hillcrest provides new surface drainage without having to occupy said easement recorded on December 10 1984 and I Projects 06 013 The Knolls East Highland South General Admin2007 DocumentslRelease and Reconveyance of Easement Surface Drainage doc 12 WHEREAS the re alignment of drainage swales has been appropriately considered with subdivision review of these properties the vacation of all of the surface drainage easement recorded on December 10 1984 will not adversely impact the Grantor s interests WHEREFORE the Grantor does hereby release and reconvey to Bozeman Deaconess Foundation those portions ofthe easement 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 easement 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 Tracts 12 and 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 IProjectsI06 013 The Knolls East Highland SouthlOeneml Adminl2007 DocumentslRelease and Reconveyance afEasement Surface Drainage doc 13 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 DRIT FETHTENOT 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 ofMontana Residing at My Commission Expires 20 I Projects 06 013 The Knolls East Highland South General Admin 2007 DocumentslRelease and Reconveyance of Easement Surface Drainage doc 14 EXHIBIT A 15 1j i l r jlJJ 1i IrfiAJ 1 llitYIi 1 i tJ n A p 9n o 1bQ c ntP a1 tI tlplCity O f 1 P il wJd i C1i L1i thli 1 1rir W4 s Ii Ti ittE and 3 A t j 9J o b Ri tf H 1U Mdttion to i f U ofI l5oi Jlta1 Wl1ibh 1i ltQa Od in tbe E iI s is ojS 5 RIB and 4J A PllI tLon of tbe Valley View Addition to bha p Of e G w lb is located in the NE l h S lB 1fts R611 nl 51 A u npLa tQd pottQt of the E 1 2 S 18 fZS R AU Ch 4 11o1ons c C ord L1l9to tbe offiq ial plats tq pf 9 4fId f eoO a it tb af ijQ of th citi y clrtnk and ROtor4e of Canatin COUI1 Yjtna e te of this 9 dt ball be e tb fo ft e Y iil ji itsd a1e or urltd l tovelae lJ Pdve 1s an 1l1proved n t wi b vem ntf curb and 9u ter inst l1ed wbiobever is lt nq r This gran includes the riqht of tbe Granteo its successors peromftaas lice nllees add assiqns and it s and th ir qent5 and ployeeB to entor t all t me QPon the 1216vv9859121v ON XtlltdWdt9121Ll2Il2lcLtuef 1 n6u1naA nSlau1dltl WO l16 j f l f ik j iri f i i t 4 uP V r tfr IIi j t 1 t t Hpj fbl1 r ti ii 8 reQr 6l j rJi I il7 J i Aiii t ti Jj tttitf ijwe frt irf ge t f E l iii ii Ifej tli1 ae tfil ti h ft t rt be llent 1 f iii i1 1n y m njitr th b W1 lL Jl it 1W nt or int rf lr rlo1 rI 1E f fi jHa li 1W y 1di ei y Qf the ttqhts 9 tlte4 lt4 icrPlnFAit 11 JJ1 Gtatltie 89ieetJnit ltffie u tJer y 9 rant titl i1m ll be U1bi ted excluSive 1 Y tQ dtri u ge pitt s ana lie iftc WEltal tWeeto IJ useli lin the ttttll a tnageP anal connote the naw af noromaJ alld e1CC iS5 water ft01lI th1l water fo2f1lge r ae oir locatgd in JOIiJ phLt u Park OS8 the e8flelent plemi BEIlii 2 t this time it does not plall 1Kl install storm sewlitS as a pa t of he i rovem nts included w thin speeial mp ov t Pi e ict o 644 as cr tea by aozemap C ty Commil t n ReIilQwtion No 2482 If due falely to the dtaina8 definea in h preoeding para9 aph it elects la inolua storm sewerg witbin Special t1lttovement District NO 644 thAt portion of tbe en9ille rtn9 ana constr uction costs attf ibutitb1e tO the etorm self U shall not be pdd by tbe CJnntox 31 The Ji9ht of d ilina98 hereill CjJrafttea tltIYOBB the ea an p eia1 es shall be exereiseCl and Used in such a manler IS not to cal s ny dama98 ot destruction of any n t re what8 oever to pr 1ntet uption of the use of tbe a jol nin9 latills owp d Y the Gta tO1 8 and othet Iy1if rcd Wd 1 90 L00c Ll uer 06vv98 90v ON XIll 1 n6ulndA nSlaUldIIl WOdl17 ikit ItiI1i fvf li f t Iit ij j e tIFlltt 85PKGf40M I4 It shall indemnify and hold harmless the G antor from and against any and all liability what oeve ariainq out of or conneoted with the exerci e of its rights under thi aement aXc p fQ liability causea by th0 Bole neql1gefioa of the Grantor its officea 8qeots or employees 1 The Grantor a9rees that At no time shall any buildin9 of any kind or apything l e be erected or placed permanently or te orarily within tbe easement wbich interfereS with the water 2 flOl1 Qver upon and th 01tgh the natural dra1naqe he Grantor warrants that it is lawfully seized and pOBses ed of the real property described above that it has lawful ri ht to oonvey the property or any part of it and that it will fo ever defend the title to this property qainst the claims of all perscns he terms covenants nd provisions of this agreement shall extend to d be binding upon the s ccessors ana assi9ns of tbe parties bereto DATlVD this day of 1984 GRANTOR aOZEMAN DBAC ESS FOUND T ON k AtrBST A aD GRANTU THE CITY OF BOZEMAN B A Its ty Manager on d Wd9l 90 L00c Ll uer 06tt9SS90t ON XIjl 1 n6Ulnd nSldUldllj WOll18 i 1 IIf 1 V lr fI r fILM 85rAot40q2 1 133144 or HM of Mont CGullty of Ga tln 881itdfor r d DeclD1h 10 84 1 at 1 t59 f 114 nd NMfCiflCl lit Boo 85 MlSCELLANEOUS D 9 aIo 10 1 u11 D wi MUAtJ uJarMJt t 06vv98S90v ON X 1 n6ulnd nSlduldt 01 K I as County of GaUatin On the 14th 1984dayofAl9ust b@fore me a Notary Publ1c for the atate of entana per onallY a pearea Edwin Dahlberg knoWn to me to be the An1n 18trator of neas Foondlltlon the corporatiop tha executed the foregoln9 Surface Orainage 8ement and acknowledged to roe that he ahe execute6 the same fo and on behalf of Baid corporation IN WITNESS WHE EOF I have hereunto set tIly hand and on the day and year first written above I otary Public far State of Montana Gs1cU n9 at BQlileman Man anl My Comm1GS1 on expire April 30 1985 STATE 01 MONTANA County of Gallatin lilS On the 1st 04tobar 1984dayof before me Notary Publio for the t te of Montana per onallY app red James E Wysocki and Babin L Sullivan known to me to b the person descri d in and w o executed the foregoing in8tru nt as City Manag r and Clerk of the City Commission r speetively of thG City of Bozeman whose n QS are ub oribed to the within in trument and acknowl dged to tile that they executed the same tor and on behalf of said City IN WITNESS WHEREOF 1 h ve hereuntQ set my hand and affixed my seal on the day and year first written above J Notary public for tate of Mont na RSlIidin9 at Bozeman Montana My Colllltllssion explrQ April 30 1985 vd WdLl 90 L00 Ll uef WOHl19