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Home My WebLink About21- Sewer & Access Easement & Agreement - Bridger Peaks Holdings, LLC Lot 11 Bridger Peaks Town Center & Lot 5 Bridger Peaks Village Subdivision AFTER REC ING RETURN TO: City of zeman 121 rth Rouse Ave. ozemalt MT 59715 Return to: City of Bozeman City Clerk PO Box 1230 PLATTED Bozeman, MT 59771-1230 2745718 Page 1 of 5 08/10/2021 10:47:26 AM Fee: $40.00 Eric Semerad - Gallatin County, MT MISC 11111111111111 I 1111111111111111111111111111111111111111111111111 I 1111111111111111111111111 SEWER AND ACCESS EASEMENT AND AGREEMENT y Y%00'rANA f" ` Bridger Peaks Holding, LLC, a limited liability company registered to conduct business in the State of Montana with address c/o H&S Financial Corp. P.O. Box 2028, Sun Valley Idaho, 83353, the GRANTOR, in consideration of one dollar and other good and valuable consideration, receipt of which is acknowledged, grants to Saccoccia Lands, LLC, a Montana limited liability company with address of 1234 Springhill School Road, Belgrade, Montana, 59714 GRANTEE, its successors and assigns, a perpetual easement to lay and construct, at SACCOCCIA LANDS LLC, GRANTEE expense, sewer mains with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting sewer in, under, through, and across a strip of land situated in Gallatin County, Montana, ten (10) feet wide by twenty (20) feet in length to be located on the following described real property (GRANTOR'S PROPERTY) (servient tenament), more particularly described and depicted on the incorporated Exhibit A: Lot 1 I of Bridger Peaks Town Center Subdivision, located in Section 1, T2S, R5E, P.M.M. City of Bozeman, Gallatin County Montana. For the benefit of GRANTEE'S PROPERTY (dominant tenament): Lot 5 of Bridger Peaks Village Subdivision, located in Section 1, T2S, R5E, P.M.M. City of Bozeman, Gallatin County Montana. FURTHER, GRANTOR, in consideration of one dollar and other good and valuable consideration, receipt of which is acknowledged, grants to City of Bozeman, a municipal corporation of the State of Montana, with offices at 121 North Rouse Avenue, Bozeman Montana 59715, CITY GRANTEE, its successors and assigns, upon acceptance by CITY GRANTEE of the constructed sewer mains, a perpetual easement to maintain and repair said sewer mains with the usual services, valves, connections, accessories and appurtenances for the purpose of transmitting water and sewer in, under, through, and across GRANTOR'S PROPERTY. The easement granted to SACCOCCIA LANDS, LLC, GRANTEE for construction and the CITY GRANTEE for repair, operations and maintenance is more particularly described on the attached Exhibit A for sewer easement which by this reference are made a part hereof. This grant includes the right of the SACCOCCIA LANDS, LLC, GRANTEE, its successors, permittees, licensees, and assigns and its and their agents and employees, to enter at all times upon the above-described land by using existing roads or otherwise by a route causing the least damage and inconvenience to the GRANTOR in order to survey and establish the route and location of the easement and the pipeline and to: (1) Construct, the mains, services, connections, accessories and appurtenances; (2) Trim, remove, destroy, or otherwise control any trees and brush inside or outside the boundaries of the easement which may, in the opinion of the SACCOCCIA LANDS, LLC GRANTEE, interfere or threaten to interfere with or be hazardous to the construction, of the mains; (3) Repair or replace, at its sole expense, or pay to GRANTOR the reasonable value of any damages landscaping, sidewalks and parking areas installed and other appurtenances in compliance with the City of Bozeman ordinances of said land that may be disturbed by its construction or other actions of SACCOCCIA LANDS, LLC GRANTEE; (4) Grade the land subject to this easement and extend the cuts and fills of this grading into and on the land adjacent to that which is subject to this easement to the extent SACCOCCIA LANDS, LLC GRANTEE may find reasonably necessary; and (5) Upon acceptance of the installed mains, services, connections, accessories and appurtenances by CITY GRANTEE, GRANTOR relinquishes, releases and transfers any and all ownership interest GRANTOR may have in the same to CITY GRANTEE. THE CITY GRANTEE AGREES: (1) That, upon acceptance of installed the mains, with the usual services, valves, connections, accessories and appurtenances, operating, patrolling, repairing, substituting, removing, enlarging, replacing, and maintaining of said sewer and water mains, it will repair or replace, at its sole expense, or pay to GRANTOR the reasonable value of any damages landscaping, sidewalks and parking areas installed and other appurtenances in compliance with the City of Bozeman ordinances of said land that may be disturbed by its operation, repair maintenance or other actions of CITY GRANTEE. (2) That, during repair, maintenance and/ or operations CITY GRANTEE shall restore any disturbed portion of GRANTOR'S PROPERTY to the same condition as existed prior to the commencement of repair, maintenance or operations and it will leave the finished surface in substantially the same condition as existed prior to the beginning of repair, maintenance and /or operations. THE GRANTOR AGREES: (1) At no time will it build, construct, erect or maintain any permanent structure within the boundaries of said easement without the prior written consent of CITY GRANTEE. (2) At no time will it modify the finished grade of the land over the mains by removal of existing soil or by placement of fill material within the boundaries of said easement without the prior written consent of the CITY GRANTEE. (3) The GRANTOR warrants that it is lawfully seized and possessed of the real property described above, that it has a lawful right to convey the property, or any part of it, and that it will forever defend the title to this property against the claims of all persons. (4) The CITY GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR. The terms, covenants and provisions of this easement and agreement shall extend to and be binding upon the successors in interest, heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. [signatures to follow] 2 DATED this r3 day of , 2019. GRANTOR: BRIDGER PEAKS HOLDING, LLC By:H&S Financial Corporation, its sole member By: —SA��#- &-Ld� Harold D. McNee, Jr., President STATE OF O ) :ss COUNTY OF 6 , - ) This instrument was acknowledged before me on "C-IL l 3, 2019, by Harold D. McNee, Jr., as President of H&S Financial Corporation, the sole member of Bridger Peaks Holding, LLC. Notary's signature:ER L :�}p�tYP(j6 RO��ii��/ Notary's name: �P �/p . Notary public for the state of (SEAL) COMMISSION Residing at C c.-S�A.E , 10 EXPIRES4-23-2020 ; = My commission expires �i. 3 , 20 OF s 3 DATED this ` day of ;,��;y ; , 2019. GRANTEE: SACCOCCIA LANDS, LLC GRANTS -6a occia Lands, LLC Philip Saccoccia Jr, TTEE 2012 Philip Saccoccia Jr Living Trust, as Managing Member STATE OF MONTANA ) :ss. County of Gallatin ) On this, day of �/��ry6 1 , 2019, before me the undersi ned, a Notary Public for the State of Montana personally appeared, f�{�; ;p� i C�,Cch. r-- , known to me to be the j r U ; ��_ 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 limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. g ,jnANN SIMONS PvOtary,Pub�ie F �ARrqd'_tor tine Slaie of P✓ontana _ residing at: * ';SAL e: B�wigrvde, nitontana Notary u is for the State of Montana 0�, _; My Comn !ssicn Pxpires: Or Mer ' April 13,�Ol`3 Printed Name: � ACCEPTED: CITY OF BOZEMAN O� 1 0 tit, City Manager ATTEST: City Clerk Cp•• ,10 STATE OF MONTANA ) ss. County of Gallatin ) On this !'` day of %t L l` fore me, a Notary Public for the State of Montana, personally appeared and NI t g MAas , known to me to be the City Manager and City Clerk for 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 seal on the day and year first above written. BERNADETTE A MASSEYf��j�/G! �� SF17egi:F'%, 1. 1 y Notary Public pTARIq�s�=for the state of Montana Notary Public for the State of Montana P'Sealding at: SEAL.2Q= Bozeman, Montana Printed Name:�e My Commission Expires: (J on�FlMl�oa° May 23,2023 4 EXHIBIT A A SEWER PIPELINE EASEMENT IN,THROUGH AND ACROSS LOT 11 OF BRIDGER PEAKS TOWN CENTER SUBDIVISION PH 2,PLAT J-275; SITUATED IN THE NW j SECTION 1,TOWNSHIP 2 SOUTH, RANGE 5 EAST,PRINCIPAL MERIDIAN,GALLATIN COUNTY,MONTANA. PROP. N87°55'12"W 799.23' Commencing from the Northeast Corner of Lot it of COR. —� Bridger Peaks Town Center Subdivision PH 2,Plat J-275 thence S.1°29'24"W.a distance of 157.55 feet along the EXISTING PROPERTY East line of said Lot 11 to the Point of Beginning;thence BOUNDARY continuing S.1°29'24"W,a distance of 20.00 feet,thence N.88.30 36 W.a distance of 10.00 feet,thence N.1.29'24"E.a distance of 20.00,thence S.88.30'36"E.a distance of 10.00 feet to the Point of Beginning. _ I' I EXISTING 31'WATER/SEWER 1 EASEMENT PER COOS 1215D —� _ fi i r- rr ii f N r ( — S88°30'3"E 10.00, ` PROPOSED 8" I:,`w o c P.O.B. SEWER MAIN t CV a 8S 8S 8S 8S 8S t PROPOSED 20.0' 1 [-- EXISTINGN88°3010.00 SEWER EASEMENT EXISTING 8"SEWER MAIN ,B � GR 8" OT 5 LAG �r WATER MAIN I�(—'� i L pEAKSP�.r,gg8 SUB UOT .ORDG .R S Te TO N G�pIAT 2T � ''yG ' �. ��_ - - - ,H 2• I CERTIFICATE OF SURVEYOR ■ I,Jon C.Wilkinson,Montana Professional Land Surveyor License No. I ` 16411 LS,here _$j certify that I condu ted this easement survey. Dated this ___day of ,2019. .� I r„ �, I �. • . n ',- r Jon C.Wilkinsoq S,CFedS MT Reg.tt16411LS • i i I Morrison-Maierle,Inc. _ W I,L filvo- ' - 30 At 0. 16,1. UV D I` IN FEET )DRAWN BY: CJE / I A`tt PROJECT NO. I Morrison v 288p Blvtl We9t Bf�(t5� PEAKS'i`OWN CENTER Bozeman, M MT S9718 pSGN.BY:� 3859.012 Ma i e r I e ` w40S 5870721 APPR.BY: MEE BOZEMAN MONTANA ww.nrmnel DATE:0712019 FIGURE NUMBER engineers.surveyors•planners.sciemisrs SEWER EASEMENT EXHIBIT Fj yx]J•e CORM-.rnr O"OrWl3'JnM4ENlE M.:y,9 lL 11L111 1 1 N:13959M2MCA01Esh�irslOPTC Sewer Eesemem Eslube.chvg Pbttetl byJon 4 wskinson on FeW81Z019 pIV 1