HomeMy WebLinkAboutC2. Easement
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Andrew Kerr, Engineering Assistant
Rick Hixson, City Engineer SUBJECT: Granting of Utility and Access Easement
To Serve Lot A, Amended Plat C-35B, Block 20, Butte Addition
MEETING DATE: May 2, 2016 AGENDA ITEM TYPE: Consent Agenda
RECOMMENDATION: Authorize City Manager to sign
BACKGROUND: Attached is a copy (original to City Clerk) of a utility and access easement to serve Lot A Amended Plat C-35B, Block 20, Butte
Addition, also known as 1414 S. Willson Ave. The easement
would allow for access and installation of utilities across a portion
of the Gallagator Trail right-of-way for the benefit of 1414 S. Willson. An access easement was previously established across this right-of-way but it only specified access to the property to the
south of 1414 S. Willson. Staff has reviewed the easement and
found it to be acceptable.
UNRESOLVED ISSUES: None identified
ALTERNATIVES: As suggested by the City Commission.
FISCAL EFFECTS: None identified.
Attachments: Access and Utility Easement
Report compiled on April 15, 2016
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ACCESS AND UTILITY EASEMENT
The City of Bozeman, a municipal corporation of the State of Montana, with offices at 121 N.
Rouse Avenue, Bozeman, Montana 59715, GRANTOR, in consideration of $ 1.00 and for other
and valuable considerations, receipt of which is acknowledged, grants to Gordon S. Fowler and
Beverly I. Fowler, with an address of 1781 Fir Crest Court, Bozeman, Montana, 49715, the
owners of Lot A, Amended Plat C-35B, Block 20, Butte Addition to the City of Bozeman,
Gallatin County, Montana, and portion of abandoned railroad right-of-way adjacent to said Lot
A, GRANTEES, a perpetual access and utility easement for the use of the Grantees, in, through,
and across a strip of land situated in Gallatin County, Montana, 30 feet wide to be located on the
following described real property: A portion of the abandoned Chicago, Milwaukee, St. Paul
and Pacific Railroad Company’s right of way as described in Parcel III of Film 92, Page 4612 of
Gallatin County records, located in Block 20, Butte Addition to the City of Bozeman, Gallatin
County, Montana, also known as Tract 3 of Certificate of Survey 1571.
The easement is more particularly described on the attached Exhibit A which by this
reference is made a part hereof.
The GRANTOR states that they possess the real property described above and that they
have a lawful right to grant an easement thereon.
The GRANTOR further agrees that the GRANTEES may peaceably hold and enjoy the
rights and privileges herein granted without any interruption by the GRANTOR.
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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 , 2016.
__________________________
CITY OF BOZEMAN by ________________________
City Manager
ATTEST:
City Clerk
STATE OF MONTANA ) )ss. County of Gallatin )
On this ________ day of ___________________, 2 , before me, a Notary Public for
the State of Montana, personally appeared CHRIS KUKULSKI and PEARL MICHALSON, known to me to be the City Manager and Deputy/Interim 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
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