6. Lawrence Park Boundary Line AdjustmentIncorporated 1892
Telephone (406) 758-7700
FAX (406) 758-7758
Post Office Box 1997
Zip 59903-1997
DATE: October 23, 1995
TO: Robert Babb, Public Works Director,
Mike Baker, Parks Director
FROM: Greg Thurston, 10803-S
SUBJECT: Lawrence Park Accesp - Boundary Adjustment
On Tuesday evening, October 17, I met with a group of property owners from the
East side of Lawrence Park regarding the resolution of long standing survey problems
in that area. Dan Brien, president of the Montana Association of Registered Land
Surveyors, led the meeting and is acting as the consulting surveyor for the group. The
City is one of six participating landowners.
This area is a strange hybrid of subdivision land and tract land. The main problem is
that the lines of occupation/fence lines do not match what is called for in the deeds,
with differences ranging from 14 to 21 feet. Mr Brien proposed a straight forward
solution by consolidating the tract lands in Section 6 (having various types of deed
and legal descriptions) into the Parkdale Subdivision in Section 5. Mr. Brien feels that
this can be done, by using a "construction errors" exemption in the Montana
Subdivision and Platting Act. He feels that this can be done without going through
the frustration, time and expense of the subdivision review process as long as no new
lots are created. The revised deed process would be simplified using lot numbers
instead of metes and bounds descriptions. The City's bridge access area will remain
the same and will shift northward around 20 feet. Mr. Brien estimates that the total
survey cost for aU parties will be from $2,000 to $4,000. This is a wide range but
surveying in river bottom land with heavy undergrowth can be unpredictable.
Five landowners (including myself representing the City) attended the meeting with
Mr. Ruegsegger being absent due to ill health. All present decided to endorse Mr.
Brien's plans. As Mr. Ruegsegger will lose a strip of land due to the correctional line
shift, all parties agreed that the cost of survey should be split five ways (instead of six)
to compensate Mr. Ruegsegger for his loss. Mr. Ruegseggers' neighbors felt that he
would agree to this. The cost to the City would be from $400 to $800.
It is in the City's best long term interest to endorse clear titles and a solution to survey
problems in this area. I strongly urge you to support this localized group effort by
including the City as a participant in the process.
Douglas Rauthe
Mayor
Bruce Williams
City Manager
City Council
Members:
Gary W. Nystul
Ward I
Cliff Collins
Ward I
Barbara Moses
Ward II
Dale Haarr
Ward II
Jim Atkinson
Ward Ill
Lauren Granmo
Ward III
Pamela B. Kennedy
Ward IV
M. Duane Larson
Ward IV
1� 0 lv
Incorporated 1892
Telephone (406) 752-6600 Douglas Rauthe
FAX (406) 752-6639 Mayor
Post Office Box 1997
Zip 59903-1997 Bruce Williams
City Manager
City Council
Members:
TO: Bruce Williams,
City Manager Gary
d I Nystul
FROM: Michael Baker, C.L.P. Cliff Collins
Director, Parks & Recreation Ward
Barbara Moses
RE: George Thompson Boundary Line Adjustment - Wardn
Whitefish Stage Road
Dale Haarr
DATE: September 29, 1995 Ward11
Jim Atkinson
Ward III
Bruce, Lauren Granmo
The property in question is our narrow strip of land Ward III
adjacent to the Stillwater River, bordering Lawrence Park Pamela B. Kennedy
on the West and Whitefish Stage on the east. The City owns Ward IV
approximately 100 feet in width that runs East to West. M. Duane Larson
The intent for this property is to utilize it as an access Ward IV
to Lawrence Park with a pedestrian foot bridge over the
Stillwater River.
I spoke with Mr. Dan Collins, and visited the site
with Greg Thurston, our City Surveyor, to identify our
existing property corner. Mr. Collins' request to adjust
the existing property lines fifteen feet (15') to the north
does not appear to impact our property at this time. In
fact, we would be acquiring a portion of the approach to
our neighbor on the north, where presently we have no
approach or adequate access at this time.
It is my recommendation that we agree to make the 15
feet adjustment in accordance with the effected property
owners.
Mr. Collins states in his letter that a fee is to be
paid to Dan Brien, the consultant/surveyor. Upon calling
and speaking with Mr. George Thomspon, they are meeting
with Mr. Brien Monday, and can hopefully tell us on Tuesday
what the fee will be for the City's portion.
I will forward any new information on to you. Please
advise of any further action you would have me do.
MB/dlw
SEP ) 8 1995
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