HomeMy WebLinkAbout3.13.14_Release Reconveyance Stormwater Drainage_2021-03-19
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After recording return to:
RELOCATION OF STORMWATER DRAINAGE EASEMENT
WITH ABANDONMENT OF FORMER LOCATION
COMES NOW Saccoccia Lands, LLC, a Montana limited liability company with
address of 1243 Springhill School Road, Bozeman MT 59715 hereinafter ("GRANTOR")
and does hereby release and reconvey for future use by the owner of Lot the following
described easement for stormwater drainage located over, across and under the real
property owned by Grantor as follows:
W I T N E S S E T H
WHEREAS, the Grantor is the owner of Lot 5 of Bridger Peaks Village
Subdivision, located in the NW1/4 of Section 1, T2S, R5E, P.M.M., City of Bozeman,
Gallatin County Montana being a portion of former Tract 4B-1 of COS 1215D, City of
Bozeman, Gallatin County, Montana (plat reference J-368).
WHEREAS, the Grantor’s predecessor, in Film 199, Pgs. 1967-1972, recorded on
June 14, 1999 at the Clerk and Recorder's Office of Gallatin County, MT, granted to Lots
1- 11 Bridger Peaks Town Center, tracts of land being Tract 4A-1 of Certificate of Survey
No. 1215D, located in the NW1/4 of Section 1, T2S, R5E, P.M.M., City of Bozeman,
Gallatin County Montana, an easement for stormwater drainage system, (hereinafter
“Stormwater Drainage System Easement”) described therein.
WHEREAS, the Grantor’s predecessor reserved and retained the authority to
relocate the Stormwater Drainage System Easement.
WHEREAS, Grantor, with the powers and authority set forth below, desires to re-
locate the Stormwater Drainage System Easement from its present position and place the
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same in a pipe system, which is described and depicted on the attached Exhibit F (NOTE:
there are no exhibits A-E for this grant of relocation easement).
WHEREAS, there are no public utilities are located within the easement to be
released and the vacation of the said easements will not adversely impact the Grantor's or
the public utility companies’ interests.
WHEREAS, the Notice required by the Stormwater Drainage System Easement has
been provided.
NOW THEREFORE, Grantor does hereby grant as follows:
1. The recitals are incorporated as if fully set forth herein.
2. Grantor does hereby grant, subject to the terms and conditions expressed herein, over,
across and under Grantor’s real property described above, being the burdened or
servient tenement, a private non-exclusive stormwater drainage easement for access and
placement of underground facilities which benefit of dominant tenements or benefited
properties being to Lots 1-11 Bridger Peaks Town Center as subsequently modified, in
the location depicted on the attached Exhibit F, which is incorporated.
3. The maintenance of the easement granted herein shall be the exclusive obligation and at
the sole cost of the Grantor.
4. The Grantor does hereby relocate, alter, reconstruct and improve the stormwater
drainage system to the location depicted and described in Exhibit F, which is attached
and incorporated within this grant of easement. The former location is abandoned with
this relocation.
This reconveyance shall not affect the remainder of those easements shown on said
Book of Plats J, page 368 in the Clerk and Recorder's office of Gallatin County, Montana.
DATED this ______ day of _____________________, 2020.
[SIGNATURES TO FOLLOW]
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GRANTOR – SACCOCCIA LANDS, LLC
BY:
_______________________________________
ITS:
_______________________________________
STATE OF MONTANA )
:ss
County of Gallatin )
On this _____ day of _______________, 2020, before me, a Notary Public for
the State of Montana, personally appeared PHILIP SACCOCCIA, known to me to be
_______________________ of Saccoccia Lands LLC and the person whose name is
subscribed to the within instrument, and acknowledged to me that he executed the same for
and on behalf of Saccoccia Lands LLC.
In witness whereof, I have hereunto set my hand and affixed my seal on the day and
year first written above.
(SEAL)
____________________________________________
Notary public for the State of Montana
STATEMENT OF PHILLIP SACCOCCIA
I, Phillip Saccoccia, do hereby declare that I am the Philip Saccoccia named and
identified in the Stormwater Drainage System Easement and I hereby consent, approve and
to the extent necessary, authorize Saccoccia Lands, LLC to relocate the Stormwater
Drainage System Easement in my stead.
PHILLIP SACCOCCIA
_______________________________________
STATE OF MONTANA )
:ss
County of Gallatin )
On this _____ day of _______________, 2020, before me, a Notary Public for
the State of Montana, personally appeared PHILIP SACCOCCIA, known to me to be the
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person whose name is subscribed to the within instrument, and acknowledged to me that he
executed the same.
In witness whereof, I have hereunto set my hand and affixed my seal on the day and
year first written above.
(SEAL)
____________________________________________
Notary public for the State of Montana