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Home My WebLink AboutMeadow Creek (Southbridge )Public Comment re Water Easement from Bozeman Ranch Land Bozeman Ranch Land, LLC 10233 Cottonwood Road Bozeman, MT 59718 406-580-2985 cell 406-582-7582 home 406-752-1144 alt. May 18, 2014 City of Bozeman Department of Community Development P.O. Box 1230 Bozeman, MT 59771-1230 RE: Water Line Easement To Whom It May Concern: Bozeman Ranch Land, LLC would like to put the issue of the lack of a fully executed water line easement with the City of Bozeman across our property on South 19th to finally be resolved. It has been skirted on several occasions, but has never been fully addressed. The deficiencies regarding the installation of the water line across our property have never been resolved,which is why the easement with the City was never signed. Per a letter from our attorney at the time,Christopher B. Gray,the City of Bozeman was duly notified that the license allowing the water line easement was revoked due to the lack of reclamation and resulting crop losses that the city officials at the time were notified about. It appears that more development is proposed for the area (ie. Southbridge Application P14010), so once again,the issue comes up and truly needs final resolution. We are only in Bozeman part-time, but would like to set up a meeting in the near future. Very Truly Yours, / J G Marcia T. Coleman Managing Member, Bozeman Ranch Land, LLC Enclosures LAIN OFFICE OF CHRISTOPHER B. GRAY PLLC P.O.Box 1065 BOXEMAN,MT 5977 1-1 065 406.580.1441 FAX 866.302.0515 July 1, 2009 Mr. Rt bul J. Murray .)r., Y.E. 01y of Bozeman PO Box 1230 Bozeman. M`I" 59771 Re: Bozerllan RGnlch Land, 1-1—C Meadow Creek Subdivis'1011 DCe Ir Mr. Murray: I:>ave Skelton referred une to you regarding this matter. In the pas'l I had yvorked with you regarding the owners of tr act of land and a water pipeline, As you can see by [lie attached c.orrespondeuce issues remain regarding the pipeline- To date: the C'ily of Bozeman and Bozeman Raney Land, 1.1.(" have not finalized an c;asernom for the water pipeline. It appears thttt a major portion of Phrase I of Mcitclov,- Cri�c�h Slrt�clivisio.n has or is about to change hands after an atmion. The license that allowed the water pipeline to dross thy: property owned by -13oz .man Ranch Land, LLC:° has now been revoked and thf: owners of the- pipeline can do with it whet they please. I'lease contact m.e to indicate what the City cif t3ozeman intends to do regardirl;. Ific water pipeline. 1 will I i able e`pass that itiform�ation on to the manaa in.g mc.niber of ific I__I_.C.'. 1 look f0mard to vom. response. sipcE 9b i Chrislol)her B. Gray C: Clietlts LAW OFFICE OF CHRISTOPHER B. GRAY PLLC P.O.Box 1065 BOZEMAN,MT 5977 1-1 065 406.580.1441 FAx 866.302.0515 10/27/2008 Troy Bentson Meadow Creek Partners, LLC 25 Apex Drive, Ste. B Bozeman, MT 59718 Re: NOTICE OF REVOCATION OF LICENSE From Bozeman Ranch Land, LLC-S1/2 SW1/4 of Section 24 and N1/2 N1/2 NWl/4 Section 25,T2S,R5E,MPM, Gallatin County Dear Troy: In a telephone conversation a few weeks ago you indicated that you represent Meadow Creek Partners, LLC and specifically addressed the concerns of your client to the demand of Bozeman Ranch Land, LLC in its September 9, 2008 letter. Although I have not heard from you since then, I assume that you still represent Meadow Creek Partners and therefore I present this notice to you. Please be advised that the Real Property License dated March 8, 2006 between your client and the predecessors to Bozeman Ranch Land, LLC is now revoked. Your client has no authority to enter the property to which that instrument pertains or utilize the appurtenances of that property. If for any reason your clients want to enter the property please contact this office at the above listed sources. Bozeman Ranch Land, LLC has contacted the City of Bozeman pertaining to the ongoing use of the water line that the license is meant to facilitate. My clients continue to consider their options regarding their damages. Please contact me if you have any questions regarding this revocation. Sincerely, LAW OFFICE OF CHRISTOPHER B. GRAY PLLC Christopher B. Gray C: Tim Cooper,Assistant City Attorney LAW OFFICE OF CHRISTOPHER B. GRAY PLi-c P.O.BOX 1065 SOZEMAN.MT 59 77 1-1 065 406.S80.1441 !rAX866,302.0515 September 9. 2008 Meadow Creek Partners. LIC Sloneridge Drive, Suite I 1.1ozemarl- NIT 597 IS Re: 1.)emimd- Damage to Property'-Bozeman Rlanch Lc n(L 1_1_(7- `2 NW 1/4 Sect 1011 -2-5-. -F."Sv. S If— SNV 1/4 of Section `? and N.1/2 N1 R5E.. NVIPM., Gallatin County, A"his office represents the owners of the above referenced property, Bozeman Ranch I atid. (13RF tnd Its predecessors in interest. Marcia Coleman, Peter Lynn (Alrimian, Stephen Allen Christian. the Arin T. Skiter'l rust and Jon Wallace Timricr. On March 8, 2006 you entered into as Real Property License Agreement with the BRI, predecessors to install it water pipeline. The goal was to have the pipeline inslaflod auld then my, clients Would execute an easement in favor if the City of Bozenmn,. The work ,iPpLidenatil to the pipeline wets never been completed correctly and the easeliient %vas never executcd (it]thoug h the lerms and conditions were agreed by coun-sel by myself sand (lie Cli v). This letter is to inform you that BRL dernands $59.34-5.00 to repair-daniages incurred.arid pav its is costs incurred. II"the money is 1,101 recclvcd by 0C10beF 1. 2008 it will revoke (lie license and require you io vacate the premises including your use ol'the water pipeline. The folk),.villO damages have heen incurred by BRL: Growing Crop Damages A large nurnher of rocks were. unearthed during the excavation For the water pipeline. Promises io remove them were made by Neill Ainsl&orffi as well its, Civil E`.ngineer ('kris Bud,eski to no avail. Your conlractor rnade attempi at correcting the SitUti011 but thm remains a lade amount ot'r0ch 'Phis :area has defiflitely 1101 bee) left in substantially the Same Condition as exist cd.prior to the contractor activities. 'i-his portion of the property hats not been able-to be I"armed f,or the Iasi three: yelars due (ot"ear of dc-lyllape, to the This hats resulted in significant financial damages to BRL due vour failure it) correct the de�ficiencv Ill ii liriielv manner. Road repair Yottr contractor ruined ,, portion of a farm road on the property. lWL-s Lessee, Dave Kraft. had to repair this at his cost. • Reestablish Grass/Hay T`he: installation of the water lino; resulted in the need for the grass=`l-t;.ay to be replanted, « Ground water damages The excac•atton for the; water line required that they area he, clewatered' €sir€t= pumps. Tl€e discharge from the pun€ps was allowed to run across he t:al=aa€wd field resulting in damages, to the growing crops. • NVeeclOmtrol Since the construction of[lie water pipeline weeds have propagated' In certain I reas- Mr. Kraft has compiled financial damages to elate. He has oubniitted thorn seve nil tirttes 10 VOU and it) date, no restitution as been provided. My clients have been quite patient in their attempts to resolve this matter with y(.)a:. Thty, are now forced to fortrtalirc their demands. It is their intent to have this, rnratte€- rug,owed with you by laaynient for all necessary repairs and da na.,es and then finalize the; easement with the City of Bozeman. Please respond with pays€ent to this office no latter than 5,00 p.rt€. on October I. 2008, If no response is receive(]: BRL will take further action Including revcac.KatIOT-1 Of tl€c IAce.nse. c.€pc.ratiot€ of the pipeline and filing suit lc€ protect its rights: sincerely- : , LAW.'OFF I E 01 CH RISTOI'I I R B. GRAY PLLC �'hristopher II. Gray C: Tim Cooper, Assistant City Attorney Sue 1=rve. ERA Landmark Real Estate