HomeMy WebLinkAbout99- Bridger Peaks, LLC Agreement Restricting the Construction of Buildings
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AGREEMENT RESTRICTING THE CONSTRUCTION b -,;;' r-' 9 5'
OF BUILDINGS
This agreement is entered into between Bridger Peaks, LLC, whose address is P.O. Box
16101, Missoula, Montana 59808 (referred to in this agreement as "Bridger"), Philip Saccoccia, Jr.,
whose address is 991 East Beach, Pass Christian, Mississippi 39571 (referred to in this agreement
as "Saccoccia"), 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
"City").
WHEREAS, Bridger Peaks, LLC, owns the real property described as follows (referred to
in this agreement as the "Bridger Property"):
Lots 2, 5, 8, and 11 of Bridger Peaks Town Center, tracts of land being part of Tract
4A~1 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, Philip Saccoccia, Jr., owns the real property described as follows (referred to
in this agreement as the "Saccoccia Property"):
Tract 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, Bridger wishes to construct a series of commercial buildings with party walls
on the Bridger Property, which commercial buildings will contain approximately 138,000 square feet
of floor space.
WHEREAS, Section 505.2 of the 1997 Uniform Building Code (the "Building Code")
provides that notwithstanding the limitations on the area of buildings contained in other sections of
the Building Code, the area of the buildings which Bridger wishes to construct "shall not be limited
if the building is provided with an approved automatic sprinkler system throughout as specified in
Chapter 9, and entirely surrounded and adjoined by public ways or yards not less than 60 feet (18
288 mm) in width"; and
WHEREAS, as a condition to issuing Bridger a building permit for the buildings it wishes
to construct on the Bridger Property, and in order to comply with Section 505.2 of the Building
Code, the City has required Bridger and Saccoccia to grant the City this casement;
NOW, THEREFORE, in consideration of $1.00 and for other good and valuable
consideration, receipt of which is acknowledged, Bridger and Saccoccia grant the City, and the
City's successors and assigns, an casement on the Bridger Property and the Saccoccia Property
prohibiting the construction of any buildings in the area within sixty feet of the buildings which
Bridgerconstructs on the Bridger Property. The approximate location of the buildings which Bridger
. .
intends to construct, and the approximate location of the area within which no buildings may be
constructed, are shown in Exhibit A. Bridger will not construct any buildings closer than forty feet
from the boundary between the Bridger Property and the Saccoccia Property, in order to ensure that
the area within which no buildings may be constructed will not extend more than twenty feet into
the Saccoccia Property.
Bridger states that it owns the Bridger Property, and that it has the lawful right to grant the
easement across the Bridger Property which is described in this agreement. Saccoccia states that he
owns the Saccoccia Property, and that he has the lawful right to grant the easement across the
Saccoccia Property which is described in this agreement. Bridger and Saccoccia further agree that
the City may peaceably hold and enjoy the rights and privileges granted in this agrecment without
any interruption by Bridger or Saccoccia.
The terms, covenants, and provisions of this agreement will extend to and be binding upon
the heirs, cxecutors, administrators, personal representatives, successors, and assigns of the parties
to this agreement.
Dated~, 1999.
BRIDGER PEAKS, LLC, by H&S Financial
Corporation, its managing member
Philip saCCOCCia~ ~
By.
Harold D. McNee, Jr., Presi
CITY OF BOZEMAN
By. 1 1 -
Clark Johnson, City Manager
ATTEST:
()J:J~
Robin L. Sullivan, Clerk of the Commission
STATE OF -4J~ )
COUNTY OF refJ/J'(-t' :ss
)
This instrument was acknowledged before me on~, 1999, by Harold D. McNee,
Jr., as the President of H&S Financial Corporation, the m ging member of Bridger Peaks, LLC.
(SEAL) Notary public
Residing at
My commission expires htr~ ~ .L~
STATE OF~~!o.lo."tf" ) U. (
:ss
COUNTY OF~ )
This instrument was acknowledged before me on ~ <\ ' 1999, by Philip Saccoccia, Jr.
~~
(SEAL) Notary blicfor stateof ~~ 't't"
Residing at ~ ~
My commission expire~ My Commission Expires March 24, 2000
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
This instrument was acknowledged before me ond/ , 1999, by Clark Johnson
and Robin L. Sullivan, as the City Manager and Clerk of the mission, respectively, for the City
of Bozeman.
(SEAL)
psdO 194
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----~~ ----~-~- n '~C-;'-- ~ -=-==-=-=EXHIBIT "A"
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BUILDING RESTRICTION EASEMENT
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A TRACT OF LAND BEING PORTIONS OF LOTS 2, 5, 8 & 11 OF BRIDGER PEAKS
TOWN CENTER ALSO BEING PART OF TRACT 4A-1, CERTIFICATE OF SURVEY NO.
1 21 50 AN 0 A POR TI ON OF TRACT 4B-1 OF CERTI FI CA TE OF SU RVEY NO.
12150; IN THE NW1/4 OF SECTION 1, T2S, R5E, P.M.M., CITY OF BOZEMAN,
GALLATIN COUNTY, MONTANA.
',i! BUILDING RESTRICTION
EASEMENT (TYP,)
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