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Home My WebLink About07- Lowe's Stormwater Drainage Easement appurtenant to the Grantee's Property, and which will be binding on Grantor Saccoccia and Saccoccia's successors, and assigns and Grantor Lowe's, and its successors in interest and assigns. The benefits of this easement will run with the title to the Grantee's Property whether or not it is referred to in conveyances of the Grantee's Property, and the burdens of this easement will run with the title to Grantor Saccoccia's property whether or not it is referred to in conveyances of Saccoccia's Property. Section 10. Attorney's fees. If either party to this agreement institutes legal proceedings to enforce the terms of this agreement, the parties agree that the unsuccessful party to the proceedings will pay the reasonable attorney's fees and legal costs of the successful party, as they may be approved by the court having jurisdiction over the proceedings. Section 11. Indemnification. Grantee agrees to indemnity and hold harmless Grantors from all acts of Grantee preformed in conjunction with this grant of easement. a: U) '" U) ~ -'" ~ a." "- I'- U) 08 Section 13. Entire agreement. This instrument constitutes the entire J"oo N ~ N OJ l:j agreement between the parties. No party will be bound by any terms, conditions, N E ~ understandings, warranties, statements or representations, oral or written, not contained g in this agreement. Each party hereby acknowledges that the execution of this ;;l agreement was not induced or motivated by any promise or representation made by any !!!!!!!!!!!!!!! other party, other than the promises and representations expressly set forth in this ~ - :il agreement. All previous negotiations, statements and preliminary instruments by _ ~ parties or their representatives are merged into this agreement, except as expressly _ ~ provided herein. _U - ~.s - 3 Section 14. Severability of invalid provision. If any provisions of this - ~ agreement is declared or becomes invalid, unenforceable or contrary to law, then the _ :: provision will be severed from the remaining provisions of this agreement and will not ~ i affect the validity or enforceability of the other provisions of this agreement. ~~ -~ = ~ Section 15. Applicable law. This agreement will be governed by and ~ .5 construed in accordance with the laws of the State of Montana. Section 12. Modification of agreement. No modification of this agreement will be valid or binding unless the modification is in writing, is signed by all parties to this agreement, and has been recorded. IN WITNESS WHEREOF, the parties hereto have executed this Agreement under the seal of the date first above written. [signatures to follow] J STORM WATER DRAINAGE EASEMENT AGREEMENT, PAGE 2 After ording return to: Rob Doa Lowes HIW, 1530 Faraday A Ste.14O Carlsbad, California Boz-<-~ ~b C1~J:. ""po "".R 0 X ,;Z 30 13oz..~J M..l'" 5r771- J::J3o ----\ )'''---q.'-::\~ v ,H .1 I \:,\)., ' , ",-. 111111111111 111111111111111111111 111111111111111111 1111 ~:~3~;3:~~, Char l~t te_Mllls-Gall~.! in_..c:o MTMISC 42.00 STORMWATER DRAINAGE EASEMENT AGREEMENT The Agreement is entered into this day of f,'H-. of AJ~~ 2007, between Saccoccia Lands II, LLC, a Montana limited liability company, whose address is 1234 Spring Hill School Road, Belgrade, MT 59714 and (referred to in this agreement as "Grantor Saccoccia") and Lowe's HIW, Inc. a Washington Corporation ("Grantor Lowe's"), whose address is address of Box 1111, (Highway 268 East), North Wilkesboro, NC 28659 Attention: Property Management Dept. (REO), to Tract 2B3 of Certificate of Survey 1215G, City of Bozeman, Gallatin County, Montana owned by Saccoccia Land III, LLC, a Montana limited liability company with address of 1234 Springhill School Road, Belgrade, Montana 59714, as the beneficiary or dominant tenement tract of this easement agreement (Referred to in this agreement collectively as "Grantee") Section 1. Purpose of easement The purpose of this easement grant, for the benefit of Grantee's property, allows connection to .the system of underground pipes, undergrouncj vaults, manholes, drainage ditches, detention ponds, outlet structures, and related equipment and facilities that are being installed and constructed on the lands of Grantor Saccoccia and Grantor Lowe's, more particularly described on Exhibit A, attached hereto and incorporated by reference herein, and collectively referred to in this agreement as the ("Drainage System") for handling storm water and other surface runoff which is discharged from Grantee's property. Section 2. The drainage basin served by the Drainage System. Before the construction of improvements on the Grantee's Property the Grantee's Property naturally drained to the north, to the abandoned railroad bed. Grantors grant the Grantee the right to alter the drainage of the Grantee's Property so that all of the Grantee's Property drains to the east across Grantor Lowe's property and to the detention pond located on Grantor Saccoccia's property. Section 3. Capacity of the Drainage System. The underground pipes, which are part of the Drainage System, will be designed to a capacity sufficient to carry the runoff that is produced by up to a ten-year storm from the Grantee's Property. The Drainage System as a whole will be designed to handle up to 100-year peak storm runoff from the Grantee's Property. The Drainage System will be designed to use ditches and swales as well as underground pipes to handle portions Of the runoff from storms which are larger than ten year storms. The Drainage System will be designed in accordance with standard engineering practice and analysis, and in accordance with the City of Bozeman and Gallatin County ordinances and regulations, which are in effect on the date of this agreement. Section 4. Maintenance Grantor Lowe's and Grantor Saccoccia agree to maintain Drainage System in accordance with the certain Easement, Covenants, Conditions and Restrictions ("ECCRs") dated October 21, 2005 and recorded on October 25, 2005 as Document No. 2207231 in the Office of Gallatin County Clerk and Recorder. Section 5. Easement to Run with the Land. The easement described in this deed is a perpetual easement which is for the benefit of the Grantee's Property, which is STORM WATER DRAINAGE EASEMENT AGREEMENT, PAGE 1 a: UJ ~ UJ .....: "^ <0 ~ a....... t- UJ og ,-.'" ~ NiV~ lll- N~~ ~GI ~GI =<'1 ='<1" - - ~ -u ===~ -E -I- ~l!: _8 - -~ ='" =~ -~ ~:J =1 _Ill -~ -~ -..... =E: ~Q) ~~ -0 =~ ~~ ~J: _0 Lowe's HIW, Inc. A Washington Corporation By: /1/1- ( Its: ~ MICHAEL L. SKilES Vila:. PRESIDENT ~r State of (' ~: County of ~ (f On .:r ~"'.IL \ ~ . 2001.. 'tt're me, 1): "'^"'- L. ~... "<e- notary public, personally appeared ~ r.lA OI...p~l L . St<' e.4- : personally known to me (er preved m me 88 the haSH 8f satisfaemry evideB8e} to be the person{&} whose name~ isI... subscribed to the within instrument and acknowledged to me that hel8Ilel*~' executed the same in hislh.er/tlteir' authorized capacity~, and that by hisAter.<their signature('It on the instrument the person~ or the entity upon behalf of which the person~ acted, executed the instrument. WITNESS my hand and official seal. S~tnre~:1~ (Seal) . DIANA L. CommlUlon fI 1640561 NoIary PublIc . CaIIfoInIo san DIego countv MrConm. --'Ftlb22.201 a: to <D to<D~ fI') ... 1_ to og t'-- '<I" ~ NiV~ 0)- N~:g iiiiiiiiiiii 0 !!!!!!!!!!!!!!! 0 -N -'<I" iiiiiiiiiiii iiiiiiiiiiii _0 ==== ~ _:L -I- ~:L -8 - -~ ==== ~ ;;;;;;;;;;;;,;; ... !!!!!!!!!!!!!!! ~ =' -~ iiiiiiiiiiii ... ~i ~~ -... ~~ =.... -'II !!!!!!!!!!!!!!! .r. _0 SACCOCCIA LANDS III, LLC A Montana limited liability company ~ By' . ._~ . ItSf ~"'..." ~......c:. ~(.,~\...",,"L STATE OF MONTANA ) :ss. County of Gallatin ) On this \(o~~day of ~u._\.\...\ ,200', , before me, the undersigned, a Notary Public of the State of ontana~ personally appeared Philip Saccoccia, Jr., being the' of Saccoccia Lands III, LLC known to me to be the person w cuted the within instrument and acknowledged to me he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal as of the day and year first above written. j~C'~ k \-\}\.~ N<?T ARY pU~r the State of Bonta~ Pnnted Name; -r C>.... L" of>> 0. 5 \.e.- .... Residing at \SO'"? e Y'V\..(\ '^ . My Commission expires -F\ ~ -r \ \ \4 \ ~ C)a~ \ \\\\ \ \ \ \ 1111/1/1/111 -$""\\~. \..E E H..tJII/0 ~ ~I". . . . . . -1U' ~ $'1(-' '.,.>.~ ~ ".:~aTARI..qi..~~ ~ *:. SEA' L :*~ ~cP~... ~. ~ ~ ~ . . .::".'1\;:::: ~ t~ . . . . .' ~~ ~ ~// Or: MO"~.,;-.~ '/111 \\.. 1111/11111\\\\\\ SACCOCCIA LANDS II, LLC A Montana limit i1ity company By: "^"..........'"'~Cl'.. Its: STATE OF MONTANA ) :55. County of Gallatin ) On this _\(O~day of ~Ju . 2oiiL. before me, the undersigned, a Notary Public of the State of ontana; personally appeared Philip Saccoccia, Jr., being the" of Saccoccia Lands II, LLC known to me to be the person wti within instrument and acknowledged to me he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal as of the day and year first above written. ",,""'''~'~Ih'''.i,~ ~~ ~g~ \\CkI:\ ~ :# ~~. ':- . ~. ':-i~ NOTARY PUBLIC for the State of Montapa !"';...."\.. aTAR ...~\ Printed Name::TC-\.rC'l G_Q \-\o.~+\ f' ~ : ~ l..ql. .. '" ~ Residing at m <.e l"'N"\ ..... ~ *: SEA-'-L : * ~ My Commission expires -41' ~ \ '-\. ::tOd\ ~.~. . ~ , ~v~ II 01 S ~..." . . .::".'1\ ~ ~ t~ . . . . .. ~ ~ ~/IIIII 01= MO~I.\-S'~ 111!lIIJ'I\\\\\\'\~' a: UJ <0 UJ ~ _<O~ a'" _ I'- UJ og ......l!)~ Nq;~ Ol- N.i'gJ -0 -0 -~ iiiiiiiiiiiiiii iiiiiiiiiiiiiii _0 -<11 =H -:L -I- !!!!!!!!! "" 8 - iiiiiiiiiiiiiii .5 -~ === ~ -~ =1 _III iiiiiiiiiiiiiii - _.~ ="" ~~ -~ -0 -- =.... === 1 ===== 0 , ACCEPTANCE BY THE CITY OF BOZEMAN: As to all provisions and amendments, of which the City of Bozeman.. is a third party beneficiary by virtue of the approval of the 5accoccia PUD, the City of Bozeman does hereby acknowledge these amendments and accepts the same. City of Bozeman By:~!r~\ The City Manager Altested~ C . of the mmission . .,' .'., t.\ 1 J 1. I '1 ,;,~...\. -"""'.. / ! .) . 1.f ' . , ~ "., I'.~ " ,"I \ .' ''''.: '...1 ,,0-\ """'" _ 'f- , '.. ~ ' ' ... \._', ".J ""'-., "', .: ,.Q I \. ~ ' ....;\. ,!,., '. II , i"':' _.' '.-l">;'" .)" \ (' .l,~ _-;....,->;;;n._ " ~ . I > t~~~~;(.J I 1/ ll~: ( :': ~' _ ;.J" ~l(\, ~\~\l:.. ," .' .~ 1 ) ~, ~ . ( ';It ~ 7' t,i t '.~'\i ~" \ . \ '>.' , . .t " t \ $,'- " / \~ ..11.:...,....~.,..~':~ L. .//.1 :r::1 'l.f~ 5T ATE OF MONTANA ) :ss. County of Gallatin ) JZ4~ On this day of 20070, before me the undersi ned, a Notary Public of the S te of Montana, nally appeared Chris KlMculski, t4anier of the City of Bozeman, known to me to be e person who execu.t,dthe within instrument and acknowledged to me he executed the same. it ~-.. '3""....rdrJ+.. ~) €.(<.N'k ~ tt.. ~;o-.- IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal as of the day and year first above written. , ,~\\\\IIlIJI1IIIIII <"I' .' ry I f:! 1111/ ii/ ~-: . ' , " ~ Iv v '/,y #/' . -,~~ i1<v,- ."- . 1- ~ .==:: ,j. . '" .. . n I /1!,' "'" co S~.Vi" ""';:;1- =%, "0'- '_ S *, t,"'::'''' '\L . * : :: , .' ~~, tt* ~ ".......~ ~ ..n t ~t A~~ . ":\ .:S; ~",.l. , . ,~'" ::;"'. . ~,;:;. ~ 1'~ . . . , . . _0.~3; ~ /$,['),.- ..itO\~ ~" ~JJ ...211" ,'t. \\\." '1.(1///1',1.1),; " ~I .\\\\ ~ '~.. ,., 1 ' ARYP Printed Nam ~}fiding at /\10 CDYl/lJYtbSj\O'V) ~pfrtVJ I nO ZLR .2DID /'" STORM WATER DRAINAGE EASEMENT AGREEMENT, PAGE r> "" U) ~ U) ;.:. f'I') <0 ~ ~,.... U) 08 "<0 !:::' N;';~ m_ N~~ iiiiiiiiiiiiiii 0 ~o =N iiiiiiiiiiiiiii .. ~ iiiiiiiiiiiiiii -u ==== ~ iiiiiiiiiiiiiii r: ->;;: ~8 - -= =.. =.... -~ =. -'" -.... -.... _.~ =11: ~Ql iiiiiiiiiiiiiii ::::: -0 =.... iiiiiiiiiiiiiii ~ ~J: _U Exhibit A Saccoccia Lands II is the legal owner of a fee interest of Tract 2B2 ofC.O.S. 1215 G; and Lowe's HIW, Inc. is the legal owner of a fee interest of Tract 2B 1 of C.O.S. 1215G; all of which are located in the NW ~ of Section 1, T2S, R5E, P.M.M. City of Bozeman (hereinafter referred to as the "Property"); and STORM WATER DRAINAGE EASEMENT AGREEMENT. PAGE 6