The URL can be used to link to this page

Home My WebLink AboutRefuse enclosure easement RB53-signed-061621 After Recording,Return To: RB53, LLC 510 W. Hemlock ! Bozeman, MT 59715 REFUSE ENCLOSURE EASEMENT THIS REFUSE: ENCLOSURE EASEMENT is entered into effective as of 'c.1-Ij , 2021 by and between Mike Acuff("'Acuff"or "Grantor") of 407 Ryan Drive, Bozeman, MT 59715 and RB53, [PLC, ("RB53"or "Grantee") a Montana linlite d liability company of510 W.Hemlock,Bozeman, MT 59715. WHEREAS, Acuff'owns real a tate commonly referred to as 34"1 Gallatin Park Drive, Bozeman,Montanat and legally described as follows: Lot 5 in Block I of Gallatin Park Subdivision, located in the NE1A and SE1/4 of Section 36, Township 1 South, Range.5 Last, P.M.M., Gallatin County, Montana, according to the ollicial plat thereof on file and of record in the office of the Clerk and Recorder,Gallatin County, Montana. [Deed Reference: 24162231 ("Acuff's Property"or "Servient EsIate") WHEREAS, RB53 owns real estate cxnnmonly referred to as 32.5 Gallatin Park Drive, Bozeman,Munfitna and legally described as follows: Lot 4A, Block 1 of the Amended Plat of Lets 3 and 4 Block l of Gallatin Park Subdivision, City of Bozeman,Gallatin County, Montana according to the official plat thereof on file and ofrecord in the office of the Clerk and Recorder, Gallatin County, Monuma. I Deed Reference: 2700423] ("RB53 Property"or"Dominant Estate') WF[EREAS, RB53 desire's to obtain from Acuff, and Acuff agrees to grant to RB53, a permanent refuse enclosure casement over and across Acuff's Property within the Refuse Easement Area(defined below)according to the terns and conditions set forth herein. NOW THEREFORE, 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.! l. Acuf3'hereby pants and conveys to RB53 an easement (the: "Easement"), over, upon and across that portion of Acuff's Property as further detailed and described on .Exhibit A attached hereto (the"Refuse F.avemerrt Area") for the placement of a trash enclosure and storage of trash containers For trash, as well as access to and maintenance of the same. As part of this Easement,Grantee shall be allowed.to build a trash/refuse enclosure and place trash containers firr trash within the Refuse Easement Area on Acuff s Property. Acuff hereby grants RB53 and its agents, assigns and contractors, access to and from Acufrs Property within the Refuse Easement Area as may be reasonably ncee_ssary to build, repair, replace and maintain the trash enclosure, as well as to place u)ntainers and trash within the container~ and for the removal/emptying of the trash containers. While utilizing the Easement, Grantee shall cause as little damage as possible to the Servient Estate, and shall promptly repair any damage caused 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 teem and conditions set forth herein. 3. The sceape of the Easement shall be far 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 further subdivide its property and such development and/or subdivision shall not he considered an overburdening of 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 eMi rc a or interpret this Easement Agreement shall be entitled to recover the cx)sts of such lawsuit, including reasonable attorney's flees, fn)m the;other party. 5. This Agi=nenl shall in all aspects .be inlerpretexl, cx)anstruexl and enfcrrcxxl according to the laws of the State of Montana. If any term of this Easement Agreement is found to be void or invalid, such invalidity shall not aff'e ct the remaining terms of this Easement Agreement; which shall continue.in full force and effect. This Easement Agreement may be executed in one or more counterparts, which taken together shall constitute one and the same document. G. Whenever required by the context of this Agreement, any singular refcrenc:e shall include the plural referenec;, 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 of any portion of the Rdb.%c: Easement Area to the general public,for the benefit of the general public, or for any public purpose whatsoever, it being the intention of the parties hereto that. the easement created hereunder shall be strictly limited to and far 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 Agreement or of any of the rights and privileges confcrcd herein. Refuse Enclosure Easement—Page 2 R. Such Easement is and shall be ele me d to be a covenant running with the land and shall be binding upon the parties hereto and upon their successors and assigms. Any modification or amendment %hall be cile,Kive only when duly executed, acknowledged and filed in the office of the Clerk and Rex:order 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 be a waiver of such germ, 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 mortgage,, Decals of Trust and any other lien affecting the Servient Estate emsent to the granting of this Easement and subordinate the rights to the Easement. {grantor represents and warrants that the granting of this Easement does not emstit:ute an event of default under any mortgage, Decal ofTrust,or any other lien affecting the Servient Estate. The Remainderof This Page Intentionally Left Blank; Signature Page Follows.] Refuse Enclosure Easemeta-Page 3 Dated this day of 2021. RB53, LLC a Montana Limited Liability Company By: - — Donald W. Olsson, Member By: vans, Member State of Montana ) : SS County of Gallatin ) On the j day of_ J i J12.. , 2021 before me,a Notary Public for the State of'Montana, personally appearexi Donald W. Olsson and Jon Evans, who acknowledged to me that they are the Members of RB53, LI,C and that they,in such capacity,being authorized to do so, executed the tbregoing instrument for the purposes therein ce)ntainal pursuant to the authority vested in them. In Witness Whereof, I have set my hand and official seal. (SEAL) tj2ZA �(-! - _ e_ e ss Notally Public for the State of Montana ��pSNFflpFS� HEATHER DEISS Residing at Notary Public for the — -- ^� Notarial r State of Montana My Commissio�i.. (`fl�e� ' I•�OL� Seal Residing at BELGRADE,MT PAP My Commission Expires " "` September 11,2021 Refuse Enclosure Easement--Page 4 Dated this-L-hday of VJYl 2021. Yk t e Acuff" State of Montana ) ss County of Gallatin ) On this I U-4) day of , 2021,before me,a Notary Public for the State of Montana,personally appeared M IKE ACUFF, 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 WNERFOF, 1 have hereunto set my hand and affixed my Notarial Seal,the day and year first above written. (SEAT.) _ �PSt1lM 6F�1 WEATHER DEISS Notary Publi -fir the State of Montana Notary Public for the Residing at e * State of Montana , 555 Seat Residing at BELGRADE,MT My C-ammissian Notarial My Commission Expires , September 11,2021 Refuse Encloser a Easement--Page 5 EIHQBIT A Refuse EntJosure Eavottent--Page 6 z �# w § co w Ol w wZZ m D 2 \ w 0 2 w w M k 3 /Ci § § 90 \ 2 JiF \|$ � k _j R UNI q39 Cf) 2 ZI � k 0 // Q W /$ � � � k $ � f O _$ � m0 � tc) � � � % q O 0 B §§/� � � §o§Am 2 w R - z 0 F-0 UN 2§\§� ■ 10- M,4 S o u/�001 « aa Z m m k2�®§ JJ4 §not■ d§§/§ % N&34rae'W m�AQ¥ ƒ§k]§ /j)§q gALLA2m PARK DRY w OL-