Bridger Creek
Subdivision Community Association
Special Board of
Directors’ Meeting
Wednesday, December
14, 2016
The meeting was called
to order at 7:30 am at Morrison Maierle’s offices in Bozeman.
Board
members: Sharyn Anhalt, Dian Bottcher, Karin
Jennings and Dorick Savageau were present, with Dorrick abstaining from Board
decisions during this meeting. Also present were members, Rollie and Phyllis Rounds
(Links Condos) and Jack Schunke, of Golf Course Partners (GCP)
The Board met at the
request of GCP as the City of Bozeman has required that they provide access to
City water services to the 12 acre parcel to the west of Bridger Creek
Subdivision owned by Bridger Center LLC. GCP is asking the Association (BCSCA) to
grant an easement for water only across the BCSCA park and trail, as prescribed
in the BCSCA Covenants (Section 5c, page 13). This easement is required by the
City of Bozeman as a condition for GCP to continue development of the Links
Condo project. In order to coordinate and cooperate with the City and GCP, the
Board met to discuss this requirement and possible options.
Following discussion the
Board agreed to work with Golf Course Partners to draft an easement from
BCSCA to Bridger Center LLC. This easement would be for the sole purpose of
accessing city water from Boylan Road to the Bridger Center LLC property and contingent
on:
a)
annexation of the Bridger Center LLC property to the City of Bozeman,
b) the
number of units proposed on the Bridger Center LLC property may not exceed
capacity of the service area,
c) no
further easements may be requested by Bridger Center LLC from BCSCA or GCP,
d) no
legal action may be brought against BCSCA or GCP by Bridger Center LLC with
regard to easements,
e) all
BCSCA and GCP attorney fees related to drafting and negotiating this easement will
be reimbursed by Tom Murphy or Bridger Center LLC,
f) in
order to minimize impact, the easement would be aligned to an existing manhole
on Boylan Road and would avoid any environmental impact to the spring creek located
within the BCSCA park (between Boylan Road and the property),
g) all
construction and remediation costs for installation within the easement would
be paid by Tom Murphy or Bridger Center LLC,
h) the
terms of such easement would go with the land and be applicable to all future
owners, and
i) any
other contingencies advised by the BCSCA and GCP legal counsel.
Any easement from the
Association to Bridger Center LLC that is approved between the parties
(Association Board, Bridger Center LLC, City, etc.) would be held and not be
filed with the Gallatin County Clerk and Recorder’s Office until such time that
the property is imminently and/or at an appropriate stage of its development
process (so as not to be filed unnecessarily).
The meeting was
adjourned at 8:40 am.
________________________________
The
next meeting will be held Monday, January 9 (moved from Jan 3 due to holiday) @
6:30.
Any
members wishing to attend the October meeting please contact the Board via
email at BridgerCreekBoard@gmail.com
and they will be notified of the meeting location. The Board elected not to pay
for rent for meeting space.
