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Home My WebLink About18- Temporary Construction Easement - Saccoccia Lands, LLC - Bridger Peaks Village Subdivision Return to: City of Bozeman City Clerk PO Box 1230 Bozeman, MT 59771-1230 ►'LA7 i�D f 2622609 Page: 1 of 6 08/09/2018 01:45:59 PM Fee. $4200 Charlotte Mills - Gallatin County, MT MISC 11111111111111 I I 1111111111111111111111111111111 I I I I 1111111111111 I I 11111111111111111111 IN TEMPORARY CONSTRUCTION EASEMENT THIS TEMPORARY CONSTRUCTION EASEMENT (this "Agreement") is entered into this day of July, 2018, by Saccoccia Lands, LLC ("Saccoccia"), and the City of Bozeman, a municipal corporation of the State of Montana,with offices at 121 North Rouse Avenue, Bozeman, Montana 59715, GRANTEE, its successors and assigns (the "City") (collectively, the "Parties"). WHEREAS, Saccoccia is the owner of the following real property: BRIDGER PEAKS VILLAGE SUB, S01, T02 S, R05 E, Lot 5, ACRES 11.85,PLAT J-368 PLUS INEREST IN COMMON AREA (the "Property"). WHEREAS, the City desires to obtain a temporary construction easement to perform the activities described below upon the portion of Saccoccia's land described and shown on the attached Exhibit A as the area for the temporary construction easement (the"Easement Land"); WHEREAS, Saccoccia is willing to grant a temporary construction easement to the City upon the Easement Land upon the terms and conditions set forth in this Agreement. NOW THEREFORE, in consideration of the recitals and covenants herein contained, and for other valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows: 1. Saccoccia hereby grants to the City a non-exclusive Temporary Construction Access Easement (the "Temporary Construction Easement") for the Easement Land, to facilitate the City's construction of North 15th Avenue beginning at its intersection of Patrick Street including its connection to Tschache Lane, and other related improvements in the vicinity of the Easement Land (the "Project"). The area of the Project within the Easement Land is further described in Exhibit A. 2. The Temporary Construction Easement is granted for vehicular and pedestrian ingress and egress to and from the Temporary Easement Property and for City's use to do all things reasonably necessary to construct and install the Project including,but not limited to,the transport, stockpiling and storage of construction materials, soil, equipment and vehicles. 3. Upon expiration of the Temporary Construction Easement, the City agrees to restore the Easement Land (and any portion of the Property damaged as a result of the Temporary Construction Easement granted hereunder) as nearly as possible to its condition prior to the City's use. 1 4. The term of this Agreement shall begin upon the date of mutual execution hereof and shall extend until one hundred twenty (120) days following the effective date of this Agreement or until the Project has been completed, whichever first occurs (the"Expiration Date"). The Temporary Construction Easement shall expire and be of no force and effect as of the Expiration Date. 5. At the Expiration Date, the entirety of the completed project within the Easement Land shall be considered accepted and become permanent property of Saccoccia. 6. The City agrees to indemnify, and hold Saccoccia harmless from, any and all liability that may result or arise from: (i) the City's exercise of rights granted to it hereby, or (ii) any breach of the City's obligations hereunder. 7. Saccoccia hereby covenants to the City that except as otherwise provided in this Agreement: (i) Saccoccia has good title to the Easement Land, and (ii) the City shall have quiet and peaceable possession of the Easement Land until the Expiration Date. S. The rights granted herein shall not be construed to interfere with or unreasonably restrict Saccoccia's use of the Easement Land including, without limitation,the right of ingress or egress from the same. 9. The City may not assign or transfer this Temporary Construction Easement or the rights granted it hereunder. 10. The benefits and burdens of the Temporary Construction Easement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. DATED this, day of July, 2018. By: Philip Sacco is Saccoccia Lands, LLC 2 STATE OF MONTANA ) ):ss County of Gallatin ) On this _'i "< day of July, 2018, before me the undersigned, a Notary Public for the State of Montana, personally appeared Philip Saccoccia Jr, known to me to be a Member of Saccoccia Lands,LLC, and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of Saccoccia Lands, LLC. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. Pf�ecgc LORI LBLACK �o 0-fAR/ NOTARY PUBLIC for the State of Montana N SEAL Resitting at Bozeman,Montana (SEAL) 9TFOF MO��P2 My Commission Expires September 11,2021 L Notary Public for the State of ana (Printed Name) Residing at My Commis n expires / /20 3 ACCEPTED: CITY BOZE AN b OZ �� , • • .�' rty Manager ATTEST: r City Clerk �fL� ' • • ° '.��p IN Cp. STATE OF MONTANA ) ):ss County of Gallatin ) On this „ '` day off , 2018, before me, a Notary Public for the State of Montana, personally appeared ANDREA SURRATT and ROBIN CROUGH, 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) oA SwF BRENDA SWEENEY _ 4,a. •F - Notary Public } =m�NeTn_igt-:0�<;for the State of Montana Residing at: 4 .SEAL:2e;= Bozeman, Montana Notary Public for the State of tontana P; yy My Commission Expires: December G2,2018 (Printed Name) �— Residing at My Commission Expires /,�Z / /20-f�g- 4 EXHIBIT A PUBLIC STREET& UTILITY EASEMENT DESCRIPTION LAND OWNER: SACCOCCIA LANDS, LLC A tract of land for a public street& utility easement over, across and through the property situated in Lot 5, Bridger Peaks Subdivision, located in Section 1, Township 2 South, Range 5 East, P.M. Montana, Gallatin County, said easement being more particularly described as follows: BEGINNING at the intersection of the centerlines of North 15th Avenue and Patrick Street; Thence, along the property boundary between Lots 4 &5 of said Bridger Peaks Village Subdivision, N 89°04'09"W, 35.50 feet; Thence N01°13'51"E, 36.65 feet; Thence on a curve to the right with a delta of 28'08'18", a radius of 205.50 feet, a length of 100.92 feet; Thence N29°22'09"E, 23.77 feet to the west property boundary of Lot 6A of PT Land Phase 2 Subdivision; Thence, along said west property boundary of Lot 6A, S01°14'09"W, 154.33 feet to the POINT OF BEGINNING. Said easement contains 4090 square feet (0.09 acres) more or less and is subject to all existing easements and documents of record. w / i LOT 5 BRIDGER PEAKS VILLAGE SUB. z / SACCOCCIA LANDS, / LLC N 29°22'09" E / 65.0' Public Street& 23.77' / / Utility Easement / N Per Plat J-489 "' / Public Street & Utility Easement ♦=28°08'18" A, R=205.50' c / / Created This Survey L=100.92' CB=N 15018'00"E CL=99.91' 00 Temporary I I -dam P G�J� 10' Public Utilities Construction L Easement Easement z I I CD I Q� Per Plat J-489 5292 Sq. Ft. CO N 01013'51" E b - 432 40' ---r ------------�`-0 36.65 I I o 24.22' 35 0' co PATRICK STREET ---------------1-------------- N89°0 0"11W i 60' RIGHT-OF-WAY i uj � � ------------------------- 0 Q ; Point of \Q P _ LL Beginning ZV Q 0 I r9 1 ON TA OWNERSHIP DESCRIPTION: LOT 5,BRIDGER PEAKS VILLAGE SUB. S. 1 TWP. 2S R. 5E MICHAEL J. RIES N COUNTY: GALLATIN STATE: MONTANA O 17794LS TYPE: PUBLIC STREET& UTILITY EASEMENT TOTAL AREA: ±4090 sq. ft., ±0.09 AC LEGEND 30 0 30 60 Note: O FOUND 2"A.C. M-M INC. All distances are ground,international feet SCALE FEET OO FOUND Y.P.C. M-M 15276LS All bearings are Geodetic North A.C. ALUMINUM CAP Basis of bearings=Geodetic North based on GPS (KLI Y.P.C. YELLOW PLASTIC CAP Observation Drawn By Surveyed By Approved By Project No. Date B. Lightner C. Kosine M. Ries 16616100 06 25 2018 Jun 25,2018-3:07pm- P:\Private\MT\City\Bozeman\16616100 Emb—y Suites-Hompton Inn\Survey\CADD\16616100-SACCOCCU-FASF-dwg ®KLJ 2018 EXHIBIT PUBLIC STREET& UTILITY EASEMENT DESCRIPTION LAND OWNER:SACCOCCIA LANDS, LLC A tract of land for a public street&utility easement over, across and through the property situated in Lot 5, Bridger Peaks Subdivision, located in Section 1,Township 2 South, Range 5 East, P.M. Montana, Gallatin County, said easement being more particularly described as follows: BEGINNING at the intersection of the centerlines of North 15th Avenue and Patrick Street;Thence, along the property boundary between Lots 4&5 of said Bridger Peaks Village Subdivision, N 89004'09"W, 35.50 feet;Thence N01'13'51"E, 36.65 feet; Thence on a curve to the right with a delta of 28*08'18", a radius of 205.50 feet, a length of 100.92 feet;Thence N29'22'09"E, 23.77 feet to the west property boundary of Lot 6A of PT Land Phase 2 Subdivision;Thence, along said west property boundary of Lot 6A, S01'14'09"W, 154.33 feet to the POINT OF BEGINNING, Said easement contains 4090 square feet (0.09 acres) more or less and is subject to all existing easements and documents of record. LOT 5 0 BRIDGER PEAKS VILLAGE SUB. z SACCOCCIA LANDS, LLC N 29022'09"E 65.0' Public Street& 23.77' Utility Easement Per Plat J-489 C� V Public Street &Utility Easement A=28*08'1 8" R=205.50' Created This Survey L=100.92' CB=N15*18'00"E CL=99.91' 6� 5) Co co t-� I "I M pp V Temporary to CY) 0 10' Public Utilities Construction 0 -'t \Y Lo Easement Easement 0 z Per Plat J-489 5292 Sq. Ft. 1� Cf) ------------- ---------- N 01'13'51"E 0-9 n-W 36,65' 432.40' 24.22 1 1150, C� ......... 13,51*�i (y) PATRICK STREET ---------- 011 -------------------- N8900,'4: '911W 60' RIGHT-OF-WAY Ld > I 0 3:< r-------------------------- < 1 I r Point of \y I LL Beginning V �v 0 z I CD OWNERSHIP DESCRIPTION: LOT 5,BRIDGER PEAKS VILLAGE SUB. S. I TWP. 2S R.5E MICHAEL J. R COUNTY: G)ZLLATIN- STATE: MONTANA p 1gqSs N TYPE: PUBLIC STREET& UTILITY EASEMENT TOTAL AREA:±4090 sq. ft., ±0.09 AC LEGEND 30 0 30 Note: 60 0 FOUND 2"A.C. M-M INC. All distances are ground,intemational feet SCALE FEET * FOUND Y.P.C. M-M 15276LS All bearings are Geodetic North A.C. ALUMINUM CAP Basis of bearings=Geodetic North based on GPS Y.P.C. YELLOW PLASTIC CAP Observation < Q g BY Approved By Project No. 77. Lightner C. Kosine M. Ries 06/25/2018 Jun 1 16616100 1"" 25, Embany Suiles—HMO"lnn\Su"\CADD\16616100—SCCOCCtA—EkSEdwg (D