HomeMy WebLinkAboutC4. Park Easement Release and Reconveyance1
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Saunders, Planning and Policy Manager Wendy Thomas, Director of Community Development
SUBJECT: Authorize the City Manager to sign the park easement release and reconveyance
associated with the Flanders Mill Phase 1 Subdivision Final Plat and Final Park
Plan, Application 15-512 MEETING DATE: February 29, 2016
AGENDA ITEM TYPE: Consent
RECOMMENDATION: The City Commission authorize the City Manager sign the park easement
release and reconveyance in conjunction with the Final Plat for the Flanders Mill Phase 1 Major
Subdivision Final Plat, Application 15-512.
BACKGROUND: On September 8, 2014, the City Commission approved the findings of fact
completing the preliminary plat approval to subdivide 136.75 acres together with the required supplementary plans and information to 295 residential lots, open space, and streets in seven phases.
The developer has applied for final plat review and approval for Phase 1. The preliminary plat was
unanimously approved (5:0) by the City Commission on July 7, 2014.
The area being subdivided was part of a previous subdivision that provided a park easement. The
Flanders Mill subdivision was approved by the Commission, in association with the preliminary plat, to reconfigure that parkland and provide an alternate layout through a new easement. The appropriate
easement has been submitted to complete the approved reconfiguration. It is necessary to release the old,
now unnecessary easement.
UNRESOLVED ISSUES: None determined at this time.
ALTERNATIVES: 1) Approve the easement release and reconveyance as presented and
recommended.
2) Deny the final plat.
FISCAL EFFECTS: None
Attachments: Release and reconveyance of easement
Report compiled on February 19, 2016
Commission Memorandum
53
Return To:
Bozeman City Clerk
121 N. Rouse Avenue
Bozeman MT 59715
RELEASE AND RECONVEYANCE OF EASEMENT
COMES NOW the City of Bozeman, 121 North Rouse Avenue, Bozeman, MT 59715, a
Municipal Corporation of the State of Montana hereinafter ("GRANTOR") and does hereby
release and reconvey the following described easement unto Flanders Mill LLC, 235 Greenhills
Ranch road, Bozeman MT 59715 as follows:
W I T N E S S E T H
WHEREAS the Grantor is the legal record title holder of a 13.683 acre public park
easement labeled as Diamond Park depicted on the final plat of the Diamond Estates Subdivision
No. 2, Phase II, plat J-484, City of Bozeman, Gallatin County, Montana.
WHEREAS the above public park easement was granted November 6, 2007 and recorded
on December 19, 2007 at the Clerk and Recorder's Office of Gallatin County, Montana as
document number 2287337, and
WHEREAS the City of Bozeman has approved Flanders Mill final plat which will
provide parkland adequate to meet all the requirements of the persons for whose benefit the
original public park easement was granted and therefore, the release will not adversely impact
the Grantor's interests.
WHEREFORE, the Grantor does hereby release and reconvey to Flanders Mill LLC, 235
Greenhills Ranch road, Bozeman MT 59715 all 13.683 acres of the public park easement
labeled as Diamond Park located on the above described real property as set forth on Exhibits A
and B attached hereto together with any right, title, or interest that the Grantor may have in said
54
2
easements as set forth on Exhibits A and B attached hereto and incorporated herein by reference
as though fully set forth and described as follows: Document number 2287337 and the final plat
of Diamond Estates Subdivision No. 2, Phase II, plat J-484.
DATED this ______ day of _____________________, 2015.
___________________________________
GRANTOR - CITY OF BOZEMAN
Title: City Manager
ATTEST:
City Clerk
STATE OF MONTANA )
)ss.
County of Gallatin )
On this ________ day of ___________________, 2015, before me, a Notary Public for
the State of Montana, personally appeared CHRIS KUKULSKI and STACY ULMEN, 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
(Printed Name)
Residing at
My Commission Expires / /20
55