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Home My WebLink About4.10_Gallatin Subaru_Recorded Shared Access Easement_3-3-2020 This instrument was drafted by and after recording should be returned to: Jon J.Hoganson,Esq. Winthrop& Weinstine,P.A. 225 S. Sixth Street, Ste.3500 263721 G Minneapolis,Minnesota 55402 Er9c Semerad}- Ga01atin2CountM y, T12 cup FeeMISC7 ®® IIIIIII IIIII II tllll IIII IIIIII Ililh�11 IIII IIIN IIII IIIII IIIII tl1 INN IIN IIII IN ACCESS AND uTQ1TY EASEMENT AND MAINTENANCE AGREEMENT This Access and Utility Easement and Maintenance Agreement("Agreement"),dated January Z5- 2019 ("Effective Date"), is between Rydell Management Company, LLC, a South Dakota Iimited liability limited partnership("Rydell"),and D&G Investments,LLLP, a North Dakota limited liability limited partnership("D&G"). RECITALS A. Rydell owns certain real property located in Gallatin County, Montana, legally described on the attached Exhibit A("Rydell Tract"). B. D&G owns certain real property located in Gallatin County, Montana, legally described on the attached Exhibit B("D&G Tract"). C. Pursuant to the Memorial Plat, Huempfner Minor Subdivision No. 450, dated June 19, 2012 (the "Huempfner Plat"), two 30' access easements to Lot 2 were created, each identified as Easement 1 ("Easement I")and Easement 2 ("Easement 2") on the Huempfner Plat, and one 30' access easement to Lot I was created, identified as Easement 3 ("Easement 3") on the Huempfner Plat. Easement 1, Easement 2 and Easement 3 are depicted on the attached Exhibit C. D. Rydell and D&G desire to terminate Easement 1, Easement 2 and Easement 3 and release all rights and obligations related to Easement 1,Easement 2 and Easement 3. E. Rydell has agreed to grant an easement to D&G for access to and over a portion of the Rydell Tract("Rydell Easement Area"), more particularly described and depicted on the attached Exhibit D. F. D&G has agreed to grant an easement to Rydell for access to and over a portion of the D&G Tract ("D&G Easement Areal% more particularly described and depicted on the attached Exhibit E. AGREEMEN'r For good and valuable consideration, the receipt and sufficiency of which the parties acknowledge,the parties agree as follows: 2637210 Page 2 of 11 02/04/2019 10:39:12 AM 1. Termination of Easement 1, Easement 2 and Easement 3. Rydell and D&G hereby agree that Easement 1, Easement 2 and Easement 3 are hereby terminated in their entirety,and,as a result,Easement 1,Easement 2 and Easement 3 shall hereafter be of no further force or effect. 2. Rydell Easement. 2.1. Rydell Grant.Rydell grants and conveys to D&G,and its tenants,occupants, employees, agents, invitees, permitees, licensees, contractors, successors and assigns, and any future owner of the Rydell Tract (collectively, the "D&G Users"), for the benefit of the D&G Tract, a perpetual, non-exclusive, access and utility easement(the "Rydell Easement")to, upon, through, and over the Rydell Easement Area to access the D&G Tract and to share in the use of utilities on the Rydell Easement Area. 2.2. D&G Use. The D&G Users may use the Rydell Easement for both vehicular and pedestrian ingress and egress. 2.3. Rydell Reservation of Rights. All right, title, and interest in and to the Rydell Easement Area that may be used and enjoyed without unreasonably interfering with the rights conveyed to D&G and the D&G Users by this Agreement are reserved to Rydell. Rydell shall have the right to grant additional easement rights in the Rydell Easement Area, provided such rights shall not unreasonably interfere with any of D&G's or the D&G Users' rights herein. 2.4. Rydell Representations and Warranties. Rydell hereby represents and warrants to D&G that:(i)Rydell has the full right,power,title,and interest to make the grant of the Rydell Easement to D&G and the D&G Users; (ii)the Rydell Easement may be fully and thoroughly enjoyed and used by D&G and the D&G Users; and (iii) D&G's and the D&G Users' easement rights hereunder shall not be defeased, impaired, and adversely affected by superior title. 3. D&G Easement. 3.1. D&G Grant. D&G grants and conveys to Rydell, and its tenants, occupants, employees, agents, invitees, permitees, licensees, contractors, successors and assigns, and any future owner of the Rydell Tract (collectively, "Rydell Users"), for the benefit of the Rydell Tract,a perpetual, non-exclusive,access and utility easement (the "D&G Easement") to, upon, through, and over the D&G Easement Area to access the Rydell Tract and to share in the use of utilities on the D&G Easement Area. 3.2. Rydell Use.The Rydell Users may use the D&G Easement for both vehicular and pedestrian ingress and egress. 2 2637210 Page 3 of 11 02/04/2019 10:39:12 AM 3.3. D&G Reservation of Rights. All right,title, and interest in and to the D&G Easement Area that may be used and enjoyed without unreasonably interfering with the rights conveyed to Rydell and the Rydell Users by this Agreement are reserved to D&G.D&G shall have the right to grant additional easement rights in the D&G Easement Area, provided such rights shall not unreasonably interfere with any of Rydell's or the Rydell Users'rights herein. 3.4. D&G Representations and Warranties. D&G hereby represents and warrants to Rydell that: (i)D&G has the full right,power,title,and interest to make the grant of the D&G Easement to Rydell and the Rydell Users; (ii)the D&G Easement may be fully and thoroughly enjoyed and used by Rydell and the Rydell Users; and (iii) Rydell's and the Rydell Users' easement rights hereunder shall not be defeased, impaired,and adversely affected by superior title. 4. Maintenance and Repair. Rydell shall be solely responsible, at its sole cost and expense, for maintaining the Rydell Easement Area in good condition and repair, including, without limitation, snow removal, repair, replacement and the removal of conditions and hazards that might lead to slipping or tripping accidents. D&G shall be solely responsible, at its sole cost and expense, for maintaining the D&G Easement Area in good condition and repair, including, without limitation, snow removal, repair, replacement and the removal of conditions and hazards that might lead to slipping or tripping accidents. 5. Transferability. The parties to this Agreement acknowledge and agree that the easements and other rights conferred by this Agreement are intended to, and do, constitute covenants that run with the land and shall inure to the benefit of and be binding on the parties and their respective grantees,heirs,successors,and assigns. 6. Default and Remedies. In the event of a default by either Rydell or D&G, the non- defaulting party may seek any and all remedies permitted by law or in equity. 7. Further Cooperation. Each of the parties to this Agreement agree to execute such other documents and to perforin such other acts as may be reasonably necessary or desirable to further the expressed purpose of this Agreement. 8. Authority. Both parties represent and warrant that they have the authority to execute this Agreement and each individual signing on behalf of a party to this Agreement states that he or she is the duly authorized representative of the signing party and that his or her signature on this Agreement has been duly authorized by, and creates the binding and enforceable obligation of,the party on whose behalf the representative is signing. 9. Governing Law. This Agreement shall be governed and construed in accordance with the laws of Montana. 10. Miscellaneous Provisions. This Agreement may not be modified, amended, or terminated except in a writing by each party hereto (or their respective grantees, , 3 2637210 Page 4 of 11 02/04/2019 10:39:12 AM heirs,successors, and assigns, as applicable)and recorded with the County of Gallatin, Montana, Clerk and Recorder. Both parties agree that time is of the essence and that time specifications contained herein shall be strictly construed. This Agreement may be executed in separate counterparts, each of which when so executed and delivered shall be deemed to be an original for all purposes, and all such counterparts shall together constitute one and the same instrument. 11. Term. The terms contained in this Agreement shall be effective commencing on the date of recordation of this Agreement in the office of the County of Gallatin, Montana, Clerk and Recorder and shall remain in full force and effect thereafter in perpetuity, unless this Agreement is amended, modified, canceled or terminated by the written consent of all then record owners of the D&G Tract and the Rydell Tract in accordance with Section 10 above. 4421.19 164898620 [COUNTERPART SIGNATURE PAGES START OBI FOLLOWING PAGE] 4 2637210 Page 5 of 11 02/04/2019 10:39:12 AM IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective as of the date first above written. RYDELL: Rydell Management Company,LLC,a South Dakota limited liability company By: Its: G14eIm STATE OF SD ) )SS COUNTY OF 111 <- ) The foregoing instrument wads acknowledged before me this day of 2019, by gA'" a�r�_ the ,'d of Rydell Management Company, LLC, a South Dakota limiib-:d company, on behalf of such limited liability limited partnership. & 4 _/ Notary Public ALISON LOUNSBERY N TARY PUBLIC SOUTH bAKOTAA S-1 2637210 Page 6 of 11 02/04/2019 10:39:12 AM IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective as of the date first above written. D&G: D&G Investments,LLLP,a North Dakota limited liability limited partnership By: Its: �r►,�-T�vrs2 STATE OF SD ) )ss. COUNTY OF rYll tift1hAk } jThe foregoing instrument was acknowledged before me this o day of a'X , 2019, by Va yi q e e [&L oA l ,the Poo r-6-k r of D&G Investments,LLLP,a North Dakota limited liability limi partnership. otary Public ALISON LOUNSBERY td0iARYPti3!IC SOU'H DAKOTA �MoWW�eooNk S-2 2637210 Page 7 of 11 02/04/2019 10:39:12 AM Exan;IT A RYDELL TRACT LEGAL DESCRIPTION Lot 2,Huempfner Minor Subdivision No.450,Gallatin County,Montana. A-1 2637210 Page 8 of 11 02/04/2019 10:39:12 AM EXHIBIT B D&G TRACT LEGAL DESCRIPTION Lot 1,Huempfner Minor Subdivision No.450,Gallatin County,Montana. B-1 2637210 Page 9 of 11 02/04/2019 10:39:12 AM ExjHBiT C LOTS 9 & 2 ABANDONED EASEMENTS BEING LOTS 162,OF THE HUEMPFNER MINOR SUBDIVISION No.450.LOCATED IN THE SOUTHEAST:OF SECTION 6 AND THE SOUTHWEST Y.OF SECTION SJOWNSH)P 2 SOUTH,RANGE 6 EAST,PRINCIPAL MERIDIAN MONTANA, CRY OF SOZEMAN,GALLATIN COUNTY,MONTANA � U -S.y�GylyAyZOr,y�vTq AOANDON THESE-/ EXISTING ACCESS EASEMENTS / 5A 4y?/I I `1 � z (' 1 1 USI ' 1 SHANNON J. IlAl.D0 HEREBY CE-RUF'V }1AT THIS SURVEY WAS MADE OY ME OR UNDER MY O iPe-RVISION URVZS IS TRUE AS SHOWN. SHANNONJ. 2 y� I IYALITE EGINEti 1L(:, C•• I Q LP�Naa`FIUEMPFNER MINOR CTtE xuata HYALI�'' I+�I'i�aa�� SUBDIVISION No.450 NCIR111 SCAE �, LOTS 1 S 2 - R'.�t i 1.i n, ••• r[•, �.•r y6 MYJjTR- ]iMO� R wig: .ww.'I�ron+eena-"t`om BOZEMAN,MONTANA 0 Feel 100 �l2,FT Eu+N:A 1�-1 2637210 Page 10 of 11 02/04/2019 10:39,12 AM EX11tBIT D RYDLLL EASEMENT AREA DF,SCRIPTION AND DEPICTION The Westerly 15 feet of Lot 2, except the southerly 20 feet thereof, Huempfner Minor Subdivision No. 450, Gallatin County, Montana. LOT 2 ACCESS AND UTILITY EASEMENT BEING LOT Z OF THE HUELIPFNER MINOR SUBDIVISION No.ASO.LOCATED IN THE SOUTHEAST%.OF SECTIONS AND THE SOUTHWEST Y.OF SECTION S.TOWNSHIP 2 SOUTH,RANGE 6 EAST,PRINCIPAL MERIDIAN MONTANA, CITY OF BOZEMAN,GALLATIN COUNTY,MONTANA U ---- - ``� 3�G�k'AYZan'�TFNA hAI�Llly ry ACCESS AND UTILITY ` -- EASEMENT / 16 Q / 0 / rwe0p / 0 f w r h y j / I i 1 I SHANNON J.MAMNK HERERY CERIILY WA' IIS SURVEY MIAS MADF BY ME OR UNDER MY DIRE. 5 RVI,JON.AND SAID SUN17f;Y IS 1'f31JE AS SHOV.N Co a"�l'•t 11l�I `r NON J.MARI 6 L`� HYALITE EGINE@RS C-J' "O \ -,.foss• . . .- �� }_�YALIT�/O�,�I 1p� PFNER MINOR �®n, neTr o,aveois ��jInmwI10)BDNISION No.450 ® SME hw" LOT 2 R WEt;"wvrw^hyulN�eng.co�* BOZEMAN, MONTANA 0 F¢M TOE) 2fF.- E7 &7c D-1 2637210 Page 11 of 11 02/04/2019 10:39,12 AM ExHIBIT E D&G EASEMENT AREA DESCRIPTION AND DEPICTION The Easterly 15 feet of Lot 1,except the southerly 20 feet thereof,Huempfner Minor Subdivision No.450, Gallatin County,Montana. LOT 9 ACCESS AND UTILITY EASEMENT BEING LOT!,OF THE H-UEMPFNER MINOR SUBDIVISION Na 450.LOCATED IN THE SOUTHEAST)'.OF SECTION S AND THE SOUTHWEST Of SECTION 9,TOWNSHIP 2 SOUTH,RANGE 6 EAST,PRINCIPAL MERIDIAN MONTANA, CITY OF BOZEMAN,GALLATIN COUNTY,MONTANA US hIC,11jy`" M p R4IL LW,, ` r o 75.00 r ( ( �5'C�yGy15 z(¢ ( 1• /( O; AC:CESSANDUTILITIY— EASEMENT W( f V y us ft7FRt� i SHANNON 1.VARINKO.EtS,UPS McREGY CERTIN TH67*-S SURVEY WAS MADE BY ME OR UNDER MY DIRE T S VISION.AND SAiU {TVE�V'IS#9 E AS SHOV.Ti. r, SHANNON3 MAR •15� T I �� • -- HYALITE FCINFER ' ' 's�ONAL �Pb(- i=NERMINOR DA,L or�rR,s HY'ALITLtjojf("IAII j� "JJBPDIVISION No.450 LOT t �ry xyCR. ,zva WE6:•rww�Ayalllea op yam BOZEMAN, MONTANA D FfCI .00 '3TF, E1G14l7� E-1