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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 81 2 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 ($1.00) of consideration. Attachments: 1. DMC Properties Easement  Report prepared on October 27, 2015 82 PUBLIC ACCESS AND UTILITY EASEMENT DMC Properties, LLC, GRANTOR(S), in consideration of one dollar ($ 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. 83 (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. 84 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. 85 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 86 87