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Home My WebLink About15- Saccoccia Lands II LLC Rocky Mountain Credit Union Sewer, Water and Access Easement and Agreement City ®f Bozeman-City Clerk P.O. ®x 1230 Bozeman, MT 59771-1230 2518681 PLATTEp Page: 1 of 6 07/27/2015 09:50:44 AM Fee: $42.00 Charlotte Millllls — Gallatin County, MT MISC I(IIIII(IIIII II IIII Illllll(IIIII IIII IIII IIIII IIIII IIIII IIIIIII III IIIII IIII'IIII IIII SEWER,WATER AND ACCESS EASEMENT AND AGREEMENT Rocky Mountain Credit Union,a Montana corporation with address of 3400 North Montana Ave.,Helena Montana,the GRANTOR,in consideration of one dollar and other good and valuable consideration,receipt of which is acknowledged,grants to Saccoccia Lands II, LLC,a Montana limited liability company with address of 1234 Springhill School Road, Belgrade,Montana,SACCOCCIA LANDS 1I LLC,GRANTEE,its successors and assigns,a perpetual easement to lay and construct,at SACCOCCIA LANDS H LLC,GRANTEE expense, sewer mains and water mains with the usual services,valves,connections,accessories and appurtenances for the purpose of transmitting water and sewer in,under,through,and across a strip of land situated in Gallatin County,Montana,thirty(30)feet wide to be located on the following described real property(GRANTOR'S PROPERTY): Lot IA of the corrected amended plat of The Saccoccia Minor Subdivision No.407C,located in the NW 1/4 of Section 1,T2S,RSE,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 and water mains,a perpetual easement to maintain and repair said sewer mains and water 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 II 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 and Exhibit B for water easement which by this reference are made a part hereof. This grant includes the right of the SACCOCCIA LANDS H 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 H LLC GRANTEE,interfere or threaten to interfere with or be hazardous to the construction,of the mains; (3) 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 II LLC GRANTEE may find reasonably necessary;and (4) 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 Clay of "�' 2015. rNTOR-RockyMountain redit Union STATE OF MONTANA ) ,dPX1-E- :ss. County of Gallatin ) On this r i day of 2015,before me the undersigned,a Notary Public for the St to of Montana,personally appeared, e S i 7 .V!'Z� ,known to me to be the Itl V i c of Rocky Mountain Credit Union 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 the corporation. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) ] G zs/lV {�=P"I ��' Cresta Bundling Pahut Notary Public for the State ofMontana 5�?s' ��y; Notary Public Printed Name: 11�. oTAR/,j':�;_for the State of Montana Residing at: N�•SEAL•?e Bozeman, Montana ' oFoa�? My Commission Expires: February 01,2016 GRANTEE-Saccoccia Lands 11,LLC STATE OF MONTANA ) M �"�p pyl b.0 10 County of Gallatin ) On this-n day of 2015,before me the undersigned,a Notary Public for the State of Montana,personally appeared, �? i i, ;„ C s t.<�; known to me to be the i l ,a`o of Saccoccia Lands II,LLC and the person whose name is subscribed the ithin 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. `o PSUNDL/4/ ; Cresta Sundling Pahut A, Notary Public f r the State of Montana ' Notary Public NOTAR/q� _for the State of Montana Printed Name: N'.SEAL • *= Residing at: Bozeman, Montana 'roF rn0 ` MY Commission Expires: February 01,2016 3 ACCEPTED: CITY OF BOZ MAN ., ukulski,City Manager ATTEST; `` 5 City STATE OF MONTANA ) g =- `< - q��3 County of Gallatin ) L 4 A a 7'I CO.S On this � c day of .,2015,before me,a Notary Public for the State of Montana,personally a eared CHRIS A.KUKULSKI and STACY ULMEN,known to me to be the City Manager an ity Clerk for the City of Bozeman and the persons whose names are subscribed to the within in ent,and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF,I have here to set my hand and affixed my seal on the day and year first above written. HEATHER SIEN\'E' 11�� ! �p Bt�NAtqA L) Notr+�PUI�IiG ~_ �y' for the mutt®In �te�nta otary Public or he State of Montana Q' pTAR/q G * S�:/1 L: = BozsrtISM, n SOS r n� Printed Name: e?= �,►y CatT�l#i15�?tom Xp�res: 20 4 EXHIBIT A 30'-WIDE SEWER EASEMENT ACROSS A PORTION OF LOTS 1A AND 2A 1.4 OF THE AMENDED PLAT OF THE SACCOCCIA MINOR SUBDIVISION 407,SITUATED IN THE NW i OF SECTION 1,T2S,R5E,P.M.,CITY OF ZBOZEMAN,GALLATIN COUNTY,MONTANA SIIMMENT'A P�AZA 1236 35 BAXTER LANE WC CORNER OF1 LOT lA EXISTING 30' WIDE SEWER EASEMENT S86'59'20"E 282.08' I ----i-------------- pT 57A,2 MINSUB )� I--------------- OR v'il S86'59'22"E LOT lA 30•00' -------------- N3'00'38"E I 80.36'� S3'00'38"W NEW 30' WIDE I f 79 74' SEWER EASEMENT I I LOT 2A N88'10'57"W 30.00' 0 60 ( IN FEET ) MORRISON Engineers 1 Engineering Place DRAWN BY: DS SACCOCCIA LANDS II,LLC Helena,MT 59602 PROJECT0 ? T�^ T Soroeyors DSGN BY: DB 2927.010 MAIERLE INC, Plan s BOZEMAN MONTANA Planners Phone:(406)442-3050 APPR.BY: MEE Fax:(406)442-7862 DATE: 05/2015 FIGURE NUMBER :one,Py yee-O—MC—W-y NC,NIS 1v ly 30'SEWER EASEMENT FI(! A COPYRIGHTOYIXiR150l1-R1AEPo.E N1292710101ACAD\SurveylEasementstSEWER Easement Lot I&dM Plotted bydsquires on May/14/2015 EXHIBIT B WATER MAIN EASEMENT ACROSS A PORTION OF LOTS IA AND 2A OF THE AMENDED PLAT OF THE SACCOCCIA MINOR SUBDIVISION 407, SITUATED IN THE NW a OF SECTION 1,T2S,R5E,P.M.,CITY OF z ,�+ BOZEMAN,GALLATIN COUNTY,MONTANA W� 51MMEERCOO NTA� P0ZA 36 35 BAXTER LANE 2 1 LMOR SUB' 21 64 84' 32"E LOT l A NEW WATER SW CORNER N1'46'52"E MAIN EASEMENT OF LOT 1A 30.00' 1 N1'49'03"E PER MINOR SUBDIVSION 407B 1 45.00' N88'12'01"W 34.82' �N88'10'57"W N1'49'03"E 30.00' LOT OT 2A 0 60 �Qy 11�� II�� ( IN FEET ) > 1\/IODDT�O�T Engineers I Englneering Place DRAWN BY: DS PROJECT NO. M RRI lV s"neyas Helena,MT 59602 DSGNBY: DB SACCOCCIA LANDS II,LLC 2927.010 -' MAT T ry srlannsrs BOZEMAN MONTANA IERLE INC. R(anners PF":(4408)42-78620 APPDATER. : MEE � Fax:(406)442-7862 DATE: 0512015 FIGURE NUMBER An Employee-Onned Co p.ny NC, WATER MAIN EASEMENT FIG. COPYRIGHT"MCRRISON-AUF.SiLE •2a15 l� l � N:12 92 7101 0iACADISuwey\Easements\WATER Easement Lot 1AdM Plotted by:dsqulres on May/2812015 1