HomeMy WebLinkAbout99- Saccoccia, Jr. Public Street & Utility Easement, 1999
PUBLIC STREET AND UTILITY EASEMENT
AND TEMPORARY CUL-DE.SAC EASEMENT
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This agreement is entered into between Philip Saccoccia, Jr., whose address is 991 East
Beach, Pass Christian, Mississippi 39571 (referred to in this easement as the "Grantor"), and the City
of Bozeman, a municipal corporation of the State of Montana with offices at 411 East Main,
Bozeman, Montana 59771-0640 (referred to in this easement as the "Grantee").
WHEREAS, the Grantor owns the real property described as follows (referred to in this
agreement as the "Grantor's Property"):
Tract IB of Certificate of Survey No. 121SA and Tracts 4A-l and 4B-l of Certificate
of Survey No. 1215D, located in the NWl,4 of Section 1, Township 2 South, Range
5 East, P.M.M., City of Bozeman, Gallatin County, Montana
WHEREAS, the Grantee is in the process of adopting a resolution which vacates a right of
way for Tschache Lane which runs along the boundary between Tract IB of cas 1215A and Tract
4A-l of COS 121SD, and then curves down into Tract 4B-l of cas 1215 D.
WHEREAS, the Grantor and the Grantee wish to establish a new and different right of way
for Tschache Lane through the Grantor's Properiy.
NOW, THEREFORE, in consideration of $1.00 and for other good and valuable
consideration, receipt of which is acknowledged, the Grantor grants to the Grantee, and to the
Grantee's successors and assigns, the following easements across Grantor's Property for the use of
the public:
1. A perpetual street and utility easement as described in Exhibits A and C.
2. A temporary easement for a cul-de-sac as described in Exhibits Band C. This temporary
easement for a cul~de-sac is for use with the portion of Tschache Lane which runs between North
19th A venue and the cuI-dc-sac, which portion of Tschache Lane will be paved and otherwise
improved in connection with the development of Lots 1-11 of Bridger Peaks Town Center. When
Tschachc Lane has been paved and otherwise improved to the east of the cuI-de-sac, the Grantee and
the Grantor will execute and record an agreement which tem1inates this temporary easement for a
cuI-dc-sac.
The Grantor states that he owns the Grantor's Property, and that he has the lawful right to
grant the casements across the Grantor's Property which are described in this agreement. The
Grantor further agrees that the Grantee may peaceably hold and enjoy the rights and privileges
granted in this agreement without any interruption by the Grantor.
The terms, covenants, and provisions of this agreement will extend to and be binding upon
the heirs, executors, administrators, personal representatives, successors, and assigns of the parties
to this agreement.
.'
Dated
J".. q
,1999.
Philip saee~
CITY OF BOZEMAN
By: -\- \
Clark Johnson, City Manager
--..
ATTEST:
C2~ ;I ~~~
Robin L. Sullivan, Clerk of the Commission
ST ATE OF~~'lf:" )
:ss
COUNTY O~ )
This instrument was acknowledged before me on~" , 1999, by Philip Saccoccia, Jr.
(SEAL)
~>--~O- ~ ~ 2
Notary P lie for t~ state of ~..: . A~~
Resldmg at ~ a~ 0",,- c.\....
My commission expires My Commission Expires March 24, 2000
STATE OF MONTANA
:ss
COUNTY OF GALLATIN )
(SEAL)
, 1999, by Clark Johnson
mmission, respectively, for the City
This instrument was acknowledged before me on I
and Robin L. Sullivan, as the City Manager and Clerk of the
of Bozeman.
psdO 179
EXHIBIT "A"
PUBLIC STREET AND UTll.,ITY EASEMENT
A portion of Tract IB of Certificate of Survey No. 1215A and Tracts 4A-l and 4B-l of Certificate
of Survey No. 1215D, located in the NWIA of Section 1, Township 2 South, Range 5 East, P.M.M.,
City of Bozeman, Gallatin County, Montana, described as follows:
A 60.00 foot wide public street and utility easement, the centerline of which is
described as follows:
Commencing at the northwest comer of Tract 4A~ 1 of Certificate of Survey No.
1215D, being the true point of beginning;
Thence South 89021'08" East a distance of 1377.03 feet to the northeast comer of
Tract 4B-l of Certificate of Survey No. 1215D.
The sidelines of this easement will be lengthened or shortened as required so as to
begin on the west property line of Tracts IB and 4A-l and to end on the east property
line of Tracts IB and 4B-1.
Containing 82,622 square feet, more or less.
EXHIBIT "B"
TEMPORARY CUL-DE-SAC EASEMENT
A portion of Tract IB of Certificate of Survey No. 1215A and Tracts 4A-l and 4B-l of Certificate
of Survey No. 12 I 5D, located in the NWIA of Section 1, Township 2 South, Range 5 East, P.M.M.,
City of Bozeman, Gallatin County, Montana, described as follows:
A circular easement with a fifty foot radius, the center of which is located a distance
of 40.3 I feet South 89021'08" East from the northwest corner of Tract 4B-l of
Certificate of Survey No. 1215D.
Containing 7854 square feet, more or less.
"
.. .~"
EXHIBIT "c"
PUBLIC STREET AND UTILITY EASEMENT
A TRACT OF LAND BEING PORTIONS OF TRACT 1B OF CERTIFICATE OF SURVEY NO. 1215A
AND PORTIONS OF TRACTS 4A-1 AND 4B-1 OF CERTIFICATE OF SURVEY NO. 12150 IN THE
NW1/4 OF SECTION 1, T2S, R5E, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA.
OWNER
TRACTS 1B COS 1215A
4A-1, 48-1 COS 12150
PHILIP SACCOCCIA, JR.
991 E. BEACH
PASS CHRISTIAN, MS 39571
~ \/-C/L OF 19th. AVENUE
\ y'""\ HIG WAY RIGHT-OF-WAY
\\ \\\ 40.31'
P.O.B.
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~ ~Wl/4 COR-;;-E;-; - - - COVERED -- - - - --
NORTH BRASS CAP MON. WA.GON D MORRISON
GRAPHIC SCALE l'/'IRl<- c53D MAIERLE,INC.
300 0 150 300 600 900 A" Em~""-<! Comp'''lI
I.. _ _ I I I I p,o. a.. IIIl 101 TocImIoqJ IJoI. -. lIT !1m . - (<06) ~-onl r"" (406) ~~117'
C. _ I I . DRA\\N BY: AR DATE;5\27\99 REVISION DATE;
( IN FEET ) CHECKED BY; KSB ORA WING ND.:
1 inch = 300 ft. JOB NO,:J121.001 SHEET 1 OF
ENGINEER
MORRISON MAIERLE,
P.O.BOX 1113
BOZEMAN, MT 59771
INC.
BASIS OF BEARING
EAST-WEST MID-SECTION LINE OF
SEC. 1, CERTIFICATE OF SURVEY
No. 1215
EXISTING \ '
C/l DRIVE 60 WIDE PUBLI STREET
ACCESS & UTILITY EAS MENT TO
THE CITY OF B ZEMAN
TEMPORARY
CUL-DE-SAC
'fRA-Cl'lB
C.O.S.1215A.
30.00'
60.00.J
'fRA-Cl' 2
C.O.S.1215
'fRA-C't 4A.-1
C.O.S.1215D
'fRA-C't 4B-1
C.O.s.1215D
'fRA-ct 3
C.O.S.1215
ENGINEERS
SCIENTISTs
sulNE'YURs
PlANNERS
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