HomeMy WebLinkAbout04- Saccoccia, Philip Jr.; Tr1B1, COS 1215E, N 19th - Access Easement
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Shelley Vanoe-Oallatin Co MT MISC 36,00
EASEMENTS FOR ACCESS
COMES NOW Philip Saccoccia, Jf., and Philip Saccoccia, Jr. IRA Rollover,
Hancock Bank-Custodian, 991 East Beach, Pass Christian, MS 39571, and Cape France,
[nc" 2020 Charlotte Street, Bozeman, MT 59718, being the owner ofreal 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 TractlB 1 of Certificate of Survey l215E, located
in the NW Y4 of Section I , Township 2 South, Range 5 East, P.M,M., City of Bozeman,
County of Gallatin, Montana; and
WHEREAS, on the westerly boundary of Tract I B 1 of Certificate of Survey
12l5E shall be a 20 foot wide mutual 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 Lot 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 57 shall be a 10 foot wide mutual
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, the parties agree that Cape France, Inc., shall construct the traveled
portion of the 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 57 of Stoneridge PUD
1
I111I11 H~IIIIIIIIIIIIIIIIII nl 111111111 11111 1111 1111 ~U~:~~p
SnllllY Vanoa-Gallatin Co ~T MISC 36,00
Minor #2 Subdivision and adjoining westerly--boundary of TractfB 1 of Certificate of
Survey 1215E.
2, Philip Saccoccia, Jr., and Philip Saccoccia, Jr. IRA Rollover, Hancock
Bank-Custodian hereby grant unto Cape France, Inc, for the benefit of Lots 57 of
Stoneridge PUD Minor #2 Subdivision, and any future divisions thereof, a perpetual,
mutual access easement, which is located directly east and adjacent to the property
boundary line separating Lot 57 of Stoneridge PU D Minor #2 Subdivision and Tract 1 B 1
of Certificate of Survey 1215E. 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 1 B 1 of
Certificate of Survey 1215E, and any further divisions thereof, a perpetual, mutual access
easement, which is located directly west and adjacent to the property boundary line
separating Lot 57 of Stoneridge PUD Minor #2 Subdivision and Tract I Bl of Certificate
of Survey 1215E. 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 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 20 feet of the 30 foot roadway shall be
located on Tract IB I of Certificate of Survey I2I5E, or on the easements granted in
paragraphs 2 and 3 above,
5, The owner of Lot 57 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 1
of Certificate of Survey 1215E. 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, Neither party may modify the size, scope, or location of the easements
granted herein without the prior written consent of both parties,
7. 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,
2
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S~elley Vanoe-Gallatln Co MT MISC 35,00
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Don Cape, iO Authorized Agent "
Cape France, Inc
STATE OF
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This instrument was acknowledged before me on J:~dh1l"t'V"-,, ,;t..:( ,2004,
bY."il-/)uJr/ /". C~J"... known to me to be the person whose name is subscribed
to the within instrument, acknowledged to me that he executed the same.
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Print Name: ('W,-'72 i e e ,(XJpe~
Notary Public for the State of /J?v",,-;-.-.,J1
Residing at: ac.'L u.c...,..qll C /?;'1/~__
My Commission Expires: u'S" - /) .-. dC)D ~:.1-
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Philip saccoCCi~
STATE OF M:::,
COUNTY OF th~~
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This instrument was acknowledged before me on ~e..t?f' r-90f.-L-, 2004, by
\>J.u: L;~~coc~c.. k~..known to me to be the person whose name is subscribed .
to the wlthm mstrument Glnd acknowledged to me that he executed the same_ ' '" - '(<'~>:'"
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Notary Public for the State of M S. \,',,-::::,,:0:. 1;J.:;j ,,:~ ~ , .
Residing at: Hv H1'~Cv"\ ~~~:~I~~I~~';;~r:~~~:'~~:~;\(,<,,-
(SEAL) My Commission Expires: .BONUM' UJ.K" """,LId!!'" ,l'I.JBLK ~lDlr"~'Ji'Es"t.
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Hancock Bank-Custodian
For Philip Saccoccia, Jr. IRA Rollover
STATE OF
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County of \-lu.msCJY'""'\
On this ~OJ-,l-~day of ~ ' 20a.:{, before me, the undersigned, a
1\[Qta~blic in and for the a ove named county and state, personally appeared J:::.erJ/5L
\Iv , as Hancock Bank Custodian, known to me to be the person who
executed the within instrument on behalf of Philip Saccoccia. Jr. IRA Rollove.r. 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. _~ "...,~, _.<:".'>."
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Shelley Vanoe-Gallatin Co MT MISC 38.00
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,SMelley Vance-Gallatin Co MT MISC 38.00 12/10/2004 04,41P
EXHIBIT "A"
MUTUAL ACCESS EASEMENT
A portion of Tract 1 B1 of Certificate of Survey 1215E, and Lot 57 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:
PARCEL 1: West 10,0 Feet
A 10,0 foot wide easement lying west of the following described line:
Beginning at the southeast corner of Lot 57, said point also being the northeast
corner of lot 55, Minor Subdivision 272; thence N 01049'03" E along the eastern
boundary line of Lot 57, said boundary also being the section line common to
Sections 1 and 2, Township 2 South, Range 5 East, a distance of 444,39 feet,
more or less, to the northeast corner of Lot 57 and the point of termination.
The sidelines of said 10,O-foot wide strip of land to be lengthened or shortened
as necessary to begin on the southern boundary of Lot 57 and end on the south
right-of-way line of Baxter Lane, said right-of-way line being 50 feet south of the
centerline of said Baxter Lane,
PARCEL 2: East 20.0 Feet
A 20.0 foot wide easement lying east of the following described line:
Beginning at the southeast comer of Lot 57, said point also being the northeast
corner of lot 55, Minor Subdivision 272; thence N 01049'03" E along the western
boundary line of Tract 1 B1, cas said boundary also being the section line
common to Sections 1 and 2, Township 2 South, Range 5 East, a distance of
449,39 feet, more or less, to the intersection of the south 45' easement line of
Baxter Lane with the west boundary of said west line of Tract 1 B1 , also being the
point of termination.
The sidelines of said 20,O-foot wide strip of land to be lengthened or shortened
as necessary to begin on the extension at the southern boundary of Lot 57 and
end on the south right-of-way line ot Baxter Lane, said right-at-way line being 45
feet south of the centerline of said Baxter Lane.
Said easement contains 13,519 square feet (0.31 acres), more or less,
Exhibit A_090304MO,doc
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