HomeMy WebLinkAboutRefuse Enclosure Easement 052521 After Recording, Return To:
RB53, I_,1_,C
510 W. Hemlock
Bozeman, MT 59715
REFUSE ENCLOSURE EASEMENT
THIS REFUSE; ENCLOSURE EASEMENT is entered into effective as of
, 2021 by and between Mike Acuff("Acujj"or "Grantor") of 407
Ryan Drive, Bozeman, MT 59715 and RB53, LLC, ("RB53" or "Grantee") at Montana limited
liability company of510 W. Hemlock,Bozeman, MT 59715.
W11F,REAS, Acuff owns real estate commonly referred to as 341 Gallatin Park Drive,
Bozeman,Montana and legally descrihed as follows:
Lot 5 in Block I of Gallatin Park Subdivision, located in the N E 1 A and SE1A of
Section 36, 'Township 1 South, Range 5 East, P.M.M., Gallatin County, Montana,
according to the official plat thereof on file and of record in the office of the Clerk
and Recorder, Gallatin County, Montana. [Deed Reference: 24162231
("A cuffs Property"or `:Servient Estate']
WIIERF,AS, IIB53 owns real estate commonly referred to as 325 Gallatin Park Drive,
Bozeman, Montana and legally described as follows:
Lot 4A, Block 1 of the Amended Plat of Lots 3 and 4 Block 1 of Gallatin Park
Subdivision, City of Bozeman, Gallatin County, Montana according to the official
plat thereof on file and of record in the office of the Clerk and Recorder, Gallatin
County, Montana. [Deed Reference: 2700423]
("RB53 Property"or "Dominant Estate')
WHEREAS, RB53 desires to obtain from Acuff, and Acuff agrees to grant to RB53, a
permanent refuse enclosure easement over and across AcufFs Property within the Refuse
Easement Area(defined below)according to the terns and conditions set fi)rtb herein.
NOW "I'liEREFORE, for One Dollar and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
Refuse Enclosure Easement—Page 1
I. Acurr hereby grants and conveys to RB53 an casement (the "Easement"). over,
upon and across that portion of Acutf's Property as further detailed and described on Exhibit A
attache, hereto (the"Reface Easement Area") tier the placement ora trash enclosure and storage
or trash containers liar trash, as well as access to and maintenance of the same. As part of this
Easement,Grantee shall he allowed,to build at trash/refuse enclosure and place trash containers I.br
trash within the Refuse Easement Area on Acutrs Property. Acuff hereby grants RB53 and its
agents, assigns and contractors access to and from AcufT's Property within the Refuse Easement
Area as may be reasonably necessary to build, repair, replace and maintain the trash enclosure, as
well as to place containers and trash within the containers and for the removal/emptying of the
trash containers. While utilizing the Easement, Grantee shell cause as little damage as possible to
the Servient Estate, and shall promptly repair any damage causal by its use of the Refuse
Easement Area and shall pickup and remove any garbage or debris that may fall out of the
containers and/or trash enclosure.
2. The Easement shall be perpetual and shall run with the land, for the benefit of
RB53 and its agents, successors and assigns, subject to the terms and conditions set forth herein.
3. The scope of the Easement shall be for access to and from and the use of the
Refuse Easement Area for a trash enclosure, storage or trash containers, trash collection and
trash removal and uses incidental thereto. The Grantee may develop and rurther subdivide its
property and such development and/or subdivision shall not he considered an overburdening or
the Easement.
4. In the event of a dispute over this Easement Agreement, the parties agree;that the
prevailing party in any legal proceeding to crilbree or interpret this Easement Agreement shall be
entitled to receiver the costs of such lawsuit, including reasonable attorney's Ices, from the other
party.
5. This Agreement shall in all respects ,be inaterpretexl., construexl and enforced
according to the laws of the State or Montana. If any term of this Easement Agreement. is fund
to be void or invalid, such invalidity shall not affect the remaining terms or this Easement
Agreement, which shill continue.in full fierce and effect. This Easement Agreement may be
executed in one or more countc�arts, which taken together shall constitute one and the same
document.
G. Whenever required by the context of this Agreement, any singular reference shall
include the plural reference, and any plural reference shall include the singular.
7. Nothing contained in this Agreement shall or shall be deemed to constitute a gift
or dedication or any portion of the Refuse Easement Area to the general public, fi)r the benefit of
the general public, or ibr any public purpose whatsoever, it being the intention or the parties
hereto that. the casement created hereunder shall be strictly limited, to and fir the purposes
expressed herein. The parties agree and acknowledge that, except as expressly set forth herein,
there are no intended third-party beneficiaries of this Agreehnent or of any or the rights and
privileges conf:crre d herein.
Refuse Enclosure Easement—Page 2
8. Such Easement is and shall be(teemed to he a covenant running with the land and
shall be binding upon the parties hereto and upon their successors and assigns. Any modification
or amendment shall be etfcc:tive only when duly executed, acknowledged and filed in the office
of the Clerk and Recorder of Gallatin County,Montana.
9. The failure of either party to take action with respect to any breach of any term,
covenant, or condition contained in this Easement Agreement shall not be deemed to he a waiver
of such tern, covenant, or condition or subsequent breach of the same, or any other term,
covenant, or condition contained in this Easement Agreement, unless such waiver is in writing
and signed by the parties.
10. Grantor hereby warrants and represents to Grantee that the holders of all recorded,
pre-existing mortgages, Deeds of Trust and any other lien affecting the Servient Estate consent to
the granting of this Easement and subordinate the rights to the Easement. Grantor represents and
warrants that the granting of this Easement sloes not constitute an event of default under any
mortgage, Dead of-Trust, or any other lien atTe;ting the Servient Estate.
The Remainder�of This Page Intentionally Left Blank; Signature Pale Follows.)
Refuse Enclosure Easement—Page 3
Dated this day of , 2021.
R1353, LI,C
a Montana Limited Liability Company
By:
Donald W. Olsson, Member
By:
Jon Evans, Member
State of Montana )
ss
County of Gallatin )
On the day of , 2021 before me, a Notary Public lirr the
State of Montana, personally appeared Donald W. Olsson and Jon Evans, who acknowledg(A to
me that they are the Members of RB53, LLC and that they, in such capacity, being authorized to
do so, executed the foregoing instrument tier the purposes therein Contained pursuant to the
authority vested in them.
In Witness Whereof, I have set my hand and official seal.
(SEAL)
Notary Public for the State of Montana
Residing at
My Commission expires:
&ficve findosure Easement—Page 4
Dated this, day of 2021.
Mike Acuff
State of Montana )
ss
County of Gallatin )
On this day of , 2021, before me, a Notary
Public Ibr the State of Montana,personally appeared M IKE AC UFF, known to me to be the
person whose name is subscribed to the within instrument and acknowledged to me that he
executed the same.
IN WITNESS WHEREOF, i have hereunto set my hand and affixed my Notarial
Seal, the day and year first above written.
(SEAL)
Notary Public for the State of Montana
Residing at
My Commission expires:
Refuse Enclosure Easement—Page 5
ExmBI1 A
Refuse Enclosure Easement—Page 6
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