Loading...
HomeMy WebLinkAbout04- Saccoccia, Philip Jr. & Cape France Inc.-N. 19th-Old Chicago Center - Access Easement , .. r PlATTE~ , / 11111111111111111111111111111111111101111 nllll~11111 ~:t~~~ ~p Shelley Vance~Gallatln Cc MT MISC 54.00 EASEMENTS FOR ACCESS COMES NOW Philip Saccoccia, Jr., and Philip Saccoccia, Jr. IRA Rollover, Hancock Bank-Custodian, 991 East Beach, Pass Christian, MS 39571, and Cape France, Inc" 2020 Charlotte Street, Bozeman, MT 59718, being the owner of real property herein described do hereby grant, subject to the terms and conditions contained herein, unto the other, heirs, and successors in interest for the sum of One Dollar ($1,00), and other good and valuable consideration, the receipt of which is hereby acknowledged, easements for ingress, egress, and use over and across the real property set forth below. ' WHEREAS, Philip Saccoccia, Jr. and Philip Saccoccia, Jr. IRA Rollover, Hancock Bank-Custodian are owner of Tracts A and B of Certificate of Survey 1215C and Tract IB of Certificate of Survey 1215A, located in the NW 1,4 of Section 1, Township 2 South, Range 5 East, P.M,M" City of Bozeman, County of Gallatin, Montana; and WHEREAS, on the westerly boundary of Tract B of Certificate of Survey 1215C and Tract IB of Certificate of Survey 1215A shall be a 20 foot wide private non exclusive access easement, described on the attached Exhibit A and depicted on the attached Exhibit B, which are incorporated by reference herein; and WHEREAS, Cape France, Inc. is owner of Lots 55 and 57 of Stoneridge PUD Minor #2 Subdivision, located in the NE Y4 of Section 2 Township 2 South, Range 5 East, P,M_M., City of Bozeman, County of Gallatin, Montana; and WHEREAS, on the easterly boundary of Lot 55 shall be a 10 foot wide private non exclusive access easement described on the attached Exhibit A and depicted on the attached Exhibit B, which are incorporated by reference herein; and WHEREAS, the parties hereto agree that the above described real property is adjacent in location and shall share a common access easements which benefit each of the properties; and WHEREAS, Cape France, Inc. is developing the Old Chicago Center CUP within Lot 55 of Stoneridge PUD Minor #2 Subdivision; and WHEREAS, the existing 60 foot wide Public Access Easement on the easterly boundary of Lot 55 of Stoneridge PUD Minor #2 Subdivision and adjoining westerly boundary of Tract B of Certificate of Survey 1215C and Tract IB of Certificate of Survey 1215A must be abandoned in order to allow parking along the easterly boundary of Lot 55 and to allow construction of Building B as depicted in The Old Chicago Center CUP within Lot 55 as submitted to the City of Bozeman; and WHEREAS, the parties further agree that the granting of a private non exclusive access easement and construction of a roadway within such easement located on the east - west boundary line between Lots 55 and 57 of Stoneridge PUD Minor #2 Subdivision 1 2 ,. 111111111111111111111111111111111111111111111111111111I ~~tJ~~:~ ~p Shelley Vance-Gallatin Cc MT MISC 64,00 described on the attached Exhibit C and depicted on the attached Exhibit D, which is incorporated by reference herein; will benefit Lots 55 and 57 of Stoneridge PUD Minor #2 Subdivision and Tract B of Certificate of Survey 1215C and Tract IB of Certificate of Survey 1215A; and WHEREAS, the parties agree that Cape France, Inc., shall construct the traveled portion of each roadway, which shall be placed in each easement, consistent with this agreement; and WHEREAS, the parties have reached mutually agreeable and acceptable terms, they hereby enter into this Easement agreement to clarify and memorialize those agreements, NOW THEREFORE BE IT RESOLVED, the parties agree and covenant as follows: 1, The recitals as set forth herein are incorporated by reference, The parties to this agreement hereby agree to petition the City of Bozeman to abandon the existing 60 foot wide Public Access Easement on easterly boundary of Lot 55 of Stoneridge PUD Minor #2 Subdivision and adjoining westerly boundary of Tract B of Certificate of Survey 1215C and Tract IB of Certificate of Survey 1215A 2, Philip Saccoccia, Jr., and Philip Saccoccia, Jr. IRA Rollover, Hancock Bank-Custodian hereby grant unto Cape France, lnc, for the benefit oLLots 55 and 57 of Stoneridge PUD Minor #2 Subdivision, and any future divisions thereof, a perpetual, non-exclusive access easement, which is located directly east and adjacent to the property boundary line separating Lot 55 of Stone ridge PUD Minor #2 Subdivision and Tract B of Certificate of Survey 1215C and Tract 1 B of Certificate of Survey 1215 A. Said easement is granted in the location and width as is described on Exhibit A, attached hereto and incorporated by reference herein and depicted on Exhibit B, attached hereto and incorporated by reference herein. 3, Cape France, Inc, hereby grants unto Philip Saccoccia, Jr., and Philip Saccoccia, Jr. IRA Rollover, Hancock Bank-Custodian for the benefit of Tract B of Certificate of Survey 1215C and Tract 1B of Certificate of Survey 1215A, and any further divisions thereof, a perpetual, non-exclusive access easement, which is located directly west and adjacent to the property boundary line separating Lot 55 of Stoneridge PUD Minor #2 Subdivision and Tract B of Certificate of Survey 1215C and Tract 1B of Certificate of Survey 1215 A. Said easement is granted in the location and width as is described on Exhibit A, attached hereto and incorporated by reference herein and depicted on Exhibit B, attached hereto and incorporated by reference herein, 4, Cape France, Inc, shall, upon the sooner of the submittal of site plan for Tract B of Certificate of Survey 1215C or Tract IB of Certificate of Survey 1215A, or portion(s) thereof, or within five (5) years of the execution of this Easement, construct an asphalt roadway, which shall meet all City of Bozeman construction standards in effect at the time of construction, except width standards, with said construction occurring so that 3 IIIIIIIIIIIIIIIIII~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ~:t1?:f~ '~P Shelley Vance-Gallatin Cc MT MISC 64.00 20 feet of the 30 foot roadway shall be located on Tract B of Certificate of Survey 1215C and Tract 1 B of Certificate of Survey 1215 A, or on the easements granted in paragraphs 2 and 3 above, 5. The owner of Lot 55 of Stoneridge PUD Minor #2 Subdivision shall be solely responsible for maintenance of said constructed roadway until such time as an occupancy permit is issued by the City of Bozeman for a structure located on Tract IB of Certificate of Survey 1215 A Upon the issuance of said occupancy permit, the owners of the real property adjacent to the easement shall enter into a maintenance agreement for the constructed roadway sharing the cost of maintenance equally, 6. Cape France, lnc, as owner of Lots 55 and 57 of Stoneridge PUD Minor #2 Subdivision do hereby grant unto Philip Saccoccia, Jr., for the benefit of Tract B of Certificate of Survey 1215C and Tract IB of Certificate of Survey 1215A, and any further divisions thereof, a perpetual, non-exclusive access easement 15 feet on the south side of the property line between Lots 55 and 57 and 15 feet on the north side of the property line between Lots 55 and 57 for a total easement width of 30 feet, with said easement being in strip of land more particularly described on Exhibit C attached hereto and incorporated by reference herein and depicted on Exhibit D attached hereto and incorporated by reference herein. 7, Cape France, Jnc, shall, upon sooner of the submittal of site plan for Tract B of Certificate of Survey 1215C or Tract IB of Certificate of Survey 1215A, or portion(s) thereof, or site improvements construction on Lot 55 or Lot 57 of Stoneridge PUD Minor #2 Subdivision that adjoins, includes, or connects to the roadway easement referenced herein, or within five (5) years of the execution of this Easement, construct a 26 foot face to face asphalt roadway, which shall meet aU City of Bozeman construction standards in effect at the time of construction, except width standards, within said easement granted in paragraph 6 of easement. 8, The owner(s) of Tract B of Certificate of Survey 1215C or Tract IB of Certificate of Survey 1215A, shall prohibit, to the best of their ability, any construction traffic use ofthe roadway granted in Paragraph 6 above after it has been paved. 9, Either party may grant the easement described in paragraph 6 to the public or dedicate the easement described in paragraph 6 to public use on condition that the public is then responsible for all maintenance. 10, The owners of Lots 55 and 57 of Stoneridge PUD Minor #2 Subdivision shall be solely responsible for regular maintenance of said constructed roadway within the easement granted in paragraph 6 herein, until such time as an occupancy permit is issued by the City of Bozeman for a structure located on Tract IB of Certificate of Survey 1215A Upon the issuance of said occupancy permit, the owners of the real property adjacent to the easement shall enter into a maintenance agreement for the constructed roadway sharing the cost of maintenance equally, if there is use by Saccoccia Tracts owners, f) -,..,~. 4./Lo/ rJ IIIIIIIIIIIII~IIIIIIIIIIII 1111111111111111111111111 ~~tZ~~,~P Shelley Vance-Gallatin Cc MT MISC 54,00 11, Neither party may modify the size, scope, or location of the easements granted herein without the prior written consent of both parties, 12, In the event it is necessary for either of the parties hereto to take any action, judicial or otherwise, to enforce the terms of the Easements, it is agreed that the easements shall be governed by, construed, and enforced in accordance with the laws of the State of Montana; is binding and inures to the benefit of the respective successors in interest and assigns; and the prevailing party shall be entitled to recover their reasonable attorney's fees and costs from the non-prevailing party, IN WITNESS WHEREOF, the parties have hereunto set their hands as of the day and year first above written, Don Cape, J r ~uthorized Agent Cape France, Inc ST A TE OF 1IL.(JYLltt-t-~ COUNTY OF 9{lLR.a;f1n ;ss U f/Vu-u,- / ~ This instrument was acknowledged before me on/)a?uJrI. (!qjje J~2004" by U:Jnaltt' I . __I . known to me to be the person whose' name IS subscnbed to the within ins ment, acknowledged to me that he executed the same. \\\\ltI"1 "~e.A li'l ...." ~\ '.';, I~'''''", .... :4';,' , +....', ,:~.. O~A.RIAi',~-:; ,- 'lilt' ,..3.' , -. ,- ..... , ,.. ,- ~ -, .... ... · 7\ _. '~* l~A.L:~ ~.~' .... tPlo.' , 'A'" ........ /,':' .... II ~ T ". , , /:,~ OF \~O\ \,' '1/1111' tftJ/lip~ (l Q~~ p ntName:K~1i'lL /I, b/lkl2./ NotaryPUbli~~ Residing at: My Commissioo xpires: 1/hlt! laoer., / 4 111111111111111111111111111111111111111111111111111111I ~~t~~?:~ ~p Shelley Vance-Gallatin Cc MT MISC 64,00 Philip saccoccwr- STATE OF 'MS ) :ss ) COUNTY OF r\a,N't"S611 T " instrument was acknowledged before me on M...... \ \ , 2004, by ,\, CA..oc:.c.,... known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same, lJ1.J;S{) . _ Print Name: (J,let'l,.tr; r:: ~kr:<;.(~ Notary Public for the State of #-AS Residing a~: ~5.Dr'- [ill, .....h.~,-' . My CommIssion Expires: NOTARY waul. Sl..'>1'F. Of' MISSISSIPPI AT LARGE &lY COMMISSION ~At'IKr:S, Sep 26 2006 JIONDED TIIRIJ NOTARY I'UBUC 1JNDEJl.~RlTLllS ~:...Y~ -_ 1,1,Il1o f.'h,,;, ."~"'" \)... ~ ~il. ,\..!. i\ i~ ~', ~.....\. ..". ,". ,... ~',\,., ~\" ...... """ :.."....'.,;....,' ''''. ." ~ v 'I.',.. .n\" "'. ~. Z" ,". .... I ...., ,. .: . ~i' t:, \ ". ~(., ',' : : ".) ! ~. 1E~l: ::! I '. ,.,': . .. - ~, .. - : "' . --- ~:. c 'C 1"'. (') ,'It..' . ~.'r ". "".: I...........};'A~ '..... ~,...~...... . If) ., ....., 0" I' r '. \ . "\ I'/~" V l"') ,I "Ultlldll Hancock Bank-Custodian For Philip Saccoccia, Jr. IRA Rollover ST ATE OF l'1~ ) :ss County of J\ Cd"'rt5 0 t\ ) On this \ \ day of 'tV\ortt h , 20 00\, before me, the und~ a ~ary Public in and for the above named county and state, personally appeare :C '5 C- r'< e..P , as Hancock Bank Custodian, known to me to be the person who executed the within instrument on behalf of Philip Saccoccia. Jr. IRA Rollover. Hancock Bank-Custodian, and acknowledged to me that he/she executed the same for the purposes therein stated, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. ~ ~ J<C'lR.... - Pri nt N ame:(., (ervlr. r=. ~e- f.t. r.:5 <."'lV"'\ Notary Public for the State of MS RMesicding a~: ./~E .:s ~'~Ol~~~I:l~'~' .",.,l.;,i';,;iH'!.H LAKGE y ommlSSlon xplres, I\'H COl\ll\C;:::I~J:> r\''''';:' ""I' Zh, 20(1,6 BONDED THUll NOTA);:\' I'VilLll' IINlJERWRITJ:'U \ \ \ ,,~,.~ tt ~.. h"t~, 'i ",,(, >\o^ F. 1', "" ......... ':" :...'. . t.... Ii ........,fW('......, f,. ~/ C.:..'. ~E~"-.<;,~\\. ~ .!,~: ~ ~{\.'~ ~~ ~ : """ Cl "("" ; : ">I .. 0 ~ ,'J : of'): ,.,.. <<II 'I :~:; - ~.;'. - '.. :. : -', ~...o ~"" .'" ,.' ., """"1 . "". 'V' I' .,' '-,'.r, .... ""' .,' ..., .- ", ~~". ""tt .... .,',"'. " "".~J 10 'J t' o!~ \ ",/ 'II, U~I ~. ..~. \.' \' 5 Shelley Vance-Gallatin Cc MT MISe 64,00 IlmlllllllllllIl~11 nllll~llllm IIIIII~ II~ 1111 ~~t~12:~~p RYR1RIT "A" MUTUAL ACCESS EASEMENT A portion of Tract 8 of Certificate of Survey 1215C, Tract 18 of Certfflcate of Survey 1215A, and Lot 55 of Minor Subdivision 272, located in the northwest quarter (NW ~) of Section 1 and the northeast quarter (NE %) of Section 2, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, more particularly described as follows: A strip of land 30.0 feet in width, being 20.0 feet on the east side and 10.0 feet on the west side of the section line common to Sections 1 and 2, Township 2 South, Range 5 East, and more particularly described as follows: Beginning at the southeast comer of Lot 57, said point also being the northeast corner of lot 55. Minor SubdMslon 272; thence S 01049'03" W along the eastern boundary line of. Lot 55, said boundary also being the section .Ilne common to Sections 1 and 2, Township 2 South, Range 5 East. a distance of 584.90 feet. more or less. to the point of tennination. Said point of tenninatlon is intended to be the intersection of said section line common to Section 1 and Section 2 with the extension of the southemmost wall of a building to be erected on Lot 55, Minor Subdivision 272. The sidelines of said 30.0~foot wide strip of land to be lengthened or shortened as necessary to Intersect the northern boundary of Lot 55 and the extension of said line. and the extension of the southernmost wall of said proposed Lot 55 building. Said easement contains 17,547 square feet (0.40 acres), more or less. Cape Easement Exhibit A_012004 " ... 2iSN ~! ~ !:WQ. ::I~- -8 , .... ii~..c u OO~ % OJ ~: - x f:4I( Z ~ - r.n....e ... ~ I- ::c u% i!i'ti ~ g; N :~ -.a 2 -%~.. = ~ tt ~8~~~ u ... 1--1 -c ....... 5 I w ~~~~u rn I- 0 Z rn 9 - ~ N~IlI~ u ....~:O:::laI U 0 ....(!) -c Z%~ !O- -l u;<<.o:.% -c ~ s::.... ..41( i= oiS~~a ::J Q.1Il .... :2 4I(~5~5: It-, <~ m~ I3Sffi ~ ~ II 'r-- 'r-- I ~5a l~ l\ ~i~ a N ,... m~ I II :15" CffiN ..... .. l'l o!z ~a~ ~- ~LoJ n ~v\ I 2m..... ~ 5 ~~~ O. ~LoJNO \-u o~~~ i~ S; ~~~ I I ~~m~ .. :J IO-a: .....J .. "'5~ ---J.. ~5 ' i~ 51! 5 --_L_---- t'- \0 '0 .....l ~"J~. 191'1:1 1'10. IIIIIIIIII~ IIIIIIIIIIIIIIII~IIIIIIIIIIIIIIIIIIIIII ~:t~~ ~p Z N o l' F; N ~a:~ 00- LlJZlIl c~:E o - II) g m ~ ~ ~ ~ ~ Shelley Vance-Gallatin Cc MT MISC 64,00 _. ,.._. ___. __... ..__n ,.__ -" ____.