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HomeMy WebLinkAboutDRC 2 - HOA Shared Agreement signed 2021-05-24 Upon recording,please return to: Jennings Law Office 517 South 22"d Avenue, Unit 3 Bozeman, Montana 59718 DECLARATION OF EASEMENT AND SHARED PARKING This Declaration of Easement and Shared Parking is made this 3e&y of May 2021, by Rosa-Johnson Development, LLC, a Montana limited liability company, referred to herein as "Declarant,"of 2264 Jackrabbit Lane,Unit B, Bozeman, Montana 59718. RECITALS A. Declarant is the owner of Lots 1 and 2,Block 5,of Boulder Creek Subdivision,Phase 1, Gallatin County, Montana. B. Declarant desires to create an apartment upon the property described above. C.Declarant recognizes that as the owner of both properties described above,Declarant cannot give itself an easement, but is executing this easement for the sole purpose of satisfying a condition imposed by the City of Bozeman for site plan review. NOW THEREFORE,the Declarant hereto states and agrees as follows: 1. PROPERTIES: The properties which are the subject of this document are located in Gallatin County, Montana and are described as Lots I and 2,Block 5 of Boulder Creek Subdivision, Phase I,Bozeman, Gallatin County, Montana. (Plat reference: J-633) 2. EASEMENT: A non-exclusive easement is hereby granted to the owner(s) of the Properties described above,and all guests and invitees of such owner(s)onto, over and across all drive aisles 1 and parking areas for the apartments located on the Properties,and to allow for parking of vehicles, as shown on"Exhibit A."Accesses to the properties will be from Abigail Lane and Sherwood Way. 3. DURATION OF DECLARATION: Under Montana law, a party cannot give an easement to itself,so the Declarant recognizes that the Easement created hereby shall only be effective upon the two lots described above being held in separate ownership.At such time as the lots described above are held in separate ownership,this document shall automatically become effective. The easement and parking privileges granted by this Declaration shall be perpetual;provided,however,that should the owner(s)of the Dominant Tract abandon the easement or the parking privileges created herein, the easement or parking privileges shall cease and this Declaration shall be of no further force and effect. 4.RESTRICTIONS ON EASEMENT:The easement granted herein shall be for the purposes stated above and for no other purpose. The roadway providing ingress and egress to and from the apartments located upon the properties shall be used for travel to and from the designated parking spaces located on the lots described above only and there shall be no parking of vehicles or storage of materials within the drive aisles, nor shall there be any other activity conducted on such drive aisles that will interfere with free flow of vehicles within the properties. 5. PARKING AREAS: The parking areas shown on the attached exhibit are for the benefit of both lots and shall be available to residents and guests of the apartments located on both Iots. b.MAINTENANCE OF EASEMENT AND PARKING AREAS: The owner(s)ofthe lots described above shall maintain and care for the roadway and parking areas for as long as this Easement shall exist. Maintenance shall include keeping the roadway and parking areas in a usable condition, plowing snow and keeping them free from vegetation.All snow plowing and other maintenance shall be conducted in such a manner as to not unreasonably interfere with the right of the owners of the lots to utilize the areas which are the subject of this instrument for their own purposes not inconsistent with the uses allowed herein. 7. INDEMNITY: As a condition of use of the easement or parking privileges described herein,the owners of either lot described above who use the easement or parking privileges allowed herein, agree to indemnify,save,defend,insure and hold harmless the owners of other lot described above and their agents, servants, employees, and lenders from any and all expenses, suits, actions, judgments,attorneys' fees,and costs arising from use of the easement or parking privileges by any owner, or owner's guests and family members. 8. ENFORCEMENT: In the event of any dispute arising out of this Declaration once this Declaration becomes effective,each of the parties agrees to submit the matter to mediation prior to 2 initiation of a court action to enforce the terms of this Declaration. In the event that the matter proceeds to mediation, the parties shall attempt to choose a mediator between themselves. If the parties cannot agree upon a mediator, the parties shall seek the names of three mediators from the Gallatin County Bar Association president,other than those potential mediators who were previously rejected by one or both of the parties. From the list of three mediators named in the list from the Bar Association president,the party claiming to be aggrieved shall delete one mediator from the list and the other party shall then delete a second name.The remaining person shall then be the mediator for the conflict and the parties shall thereafter follow the instructions of the mediator in their attempt to settle the dispute. The cost of the mediator, as well as any charge by the Bar Association president in preparing a list shall be divided equally between the parties. 9. EFFECTIVE DATE: This easement shall become effective upon recording in the office of the Clerk and Recorder of Gallatin County, Montana, subject tot he provisions of article 3, above. Dated this 2 1" day o ay 2021. Scott V. Johnson, authorized representative of Rosa-Johnson Development, LLC STATE OF MONTANA ) :ss County of Gallatin ) This instrument was acknowledged before me this 21" day of May 2021, by Scott V. Johnson, authorized representative of Rosa-Johnson Development, LLC. AMY HANSON s' P' - Y% Notary Public \407AA�q(• =for the State of Montana Notary Public fo t e S ate of Montana *' SEAL *_ Residing .-z Bozeman, Montana Printed name: Amy Hanson OF MO MYNovember Commission Expires: ReSldlri at Bozeman, Montana 10, 2022 g My Commission expires: November 10, 2022 3