HomeMy WebLinkAboutC9. Public Access Easement1
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: David Fine, Economic Development Specialist
SUBJECT: Authorize the City Manager to sign a Public Access and Street Lighting
Easement Procured for the North Seventh Urban Renewal District’s Street
Lighting and Sidewalk Project
MEETING DATE: November 2, 2015
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the City Manager to sign a public access and street lighting
easement procured for the North Seventh Urban Renewal District’s Street Lighting and Sidewalk
Project.
BACKGROUND:
The North Seventh Urban Renewal District (NSURD) is working on a project to enhance
the safety and aesthetics of the North 7th Avenue corridor by installing setback sidewalks
buffered by boulevard, and decorative luminaries. The existing right-of-way along the corridor
will not accommodate a sidewalk setback, so the district has been acquiring public access and
lighting easements from property owners on a voluntary basis for one dollar ($1.00) and for other
valuable consideration. Construction on Phase 2 of the project between Juniper St. and Durston
Rd. has commenced, with construction expected to be complete by the end of 2015. The N. 7th
Lighting and Sidewalk Project has been approved by the City Commission as part of the North
Seventh Urban Renewal District Work Plan and Budget for Fiscal Year 2016.
UNRESOLVED ISSUES:
Construction of Phase 2 of the project commenced without all of the easements being
obtained (including the easement under consideration for ratification). Right-of-way exists to
install the underground wiring for street lights that may be installed in the future, but there is
inadequate existing right- of way for a setback sidewalk. As a result, there may be temporary
gaps in the installation of decorative luminaries, as the District works to obtain easements from
property owners in Phase 2 that have not yet been willing to provide easements. The principal
obstacle to obtaining the remaining easements has been the requirement that property owners
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maintain grass or landscaping in the proposed boulevard strip. Staff is continuing its effort to
work with property owners obtain these easements.
ALTERNATIVES: As determined by the Commission.
FISCAL EFFECTS:
The easement required one dollar ($1.00) of consideration.
Attachments:
1. DMC Properties Easement
Report prepared on October 27, 2015
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PUBLIC ACCESS AND UTILITY EASEMENT
DMC Properties, LLC, GRANTOR(S), in consideration of one dollar ($ 1.00) and for
other and valuable consideration, receipt of which is hereby acknowledged, grants to the City of
Bozeman, a Municipal Corporation of the State of Montana, with offices at 121 North Rouse
Avenue, Bozeman, Montana 59715, GRANTEE, a public access and utility easement for
sidewalk and utility improvements for the use of the public in, through and across a piece of land
as shown on the attached Exhibit A, situated in Gallatin County, Montana, which is located on
the following described property: Lots 7, 8 and 9 of Block 2 of Durston’s Second Subdivision,
Located in the Southeast One-Quarter of Section 1, Township 2 South, Range 5 East, Principal
Meridian Montana, Gallatin county, Montana.
The easement is more particularly described on the attached Exhibit A which by this
reference are made a part hereof.
The GRANTOR(S) agrees:
(1) To maintain the sidewalk at their own expense in accordance with relevant City
Ordinances, including, but not limited to, snow removal and all major and minor repair
work.
(2) To allow the City to make any and all inspections of the sidewalk, utility infrastructure
and land appurtenant thereto as the City reasonably deems necessary.
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(3) The Grantor and the City of Bozeman acknowledge that any setbacks required along
North 7th Avenue will be measured from the actual property line and not from the edge of
the public access easement established by this easement.
The GRANTOR(S) warrant that they are lawfully seized and possessed of the real
property described above, that they have a lawful right to convey the property, or any part of it,
and that they will forever defend the title to this property against the claims of all persons.
The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy the
rights and privileges herein granted without any interruption by the GRANTORS. The terms,
covenants and provisions of this easement shall extend to and be binding upon the heirs,
executors, administrators, personal representatives, successors and assigns of the parties hereto.
DATED this day of , 20 .
GRANTOR(S)
CORPORATION:
______
______________________________
(Printed Name and Capacity)
DMC Properties, LLC.
STATE OF MONTANA )
) ss.
County of Gallatin )
On this ____ day of _______________________, 20 , before me, the undersigned, a
Notary Public for the State of ____________, personally appeared _______________________,
known to me to be the _________________________ of DMC Properties, LLC, the corporation
that executed the within instrument, and acknowledged to me that he executed the same for and
on behalf of said corporation.
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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 ____________
___________________________________
(Printed Name)
Residing in
My Commission Expires ______/ /20
ACCEPTED:
_________________________
CITY OF BOZEMAN
by _______________________
City Manager
ATTEST:
_______________________________
City Clerk
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 A. KUKULSKI and STACY ULMEN, known
to me to be the City Manager and City Clerk for 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.
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal on
the day and year first above written.
(SEAL)
______________________________________
Notary Public for the State of Montana
___________________________________
(Printed Name)
Residing at Bozeman, Montana
My Commission Expires: / /20
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