HomeMy WebLinkAboutSnow removal easement signed-061621 Alter Recording, Return To:
RB53, LLC
510 W. Hemlock
Bozeman,MT 59715
SNOW STORAGE EASEMENT AGREEMENT
THIS SNOW STORAGE EASEMENT AGREEM.ENI' ("Agreement") is entered into
etfe'dive ILLS of ��ll, g, 160 , 2021 by and between Mike Acuff ("Acuff" or
"Grantor") of 407 Ryan Drive, Bozeman, MT 59715 and RB53,LLC,("RB53"or "Grantee")
a Montana limitedd liability company of 510 W. hemlock, Bozeman, MT.59715.
WHEREAS, Acuff'owns real estate commonly referred to as 341 Gallatin Park Drive,
Bozeman, Montana and legally described as follows:
Lot 5 in Block I of Gallatin Park Subdivision, locatedd in the NE1/4 and SEl/4 of
Section 36, Township 1 South, Range 5 East, P.M.M., Gallatin County, Montana,
according to the official plat thercx)f on file and of record in the office of the Clerk
and Recorder,Gallatin County,Montana. I'Deed Reference: 2416223]
("Acuff c Property"or "Servient Estate")
WHEREAS, RB53 owns real estate commonly referred to as 325 Gallatin Park Drive,
Bozeman,Montana and legally described as.follows:
L.ot 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. Refcrenw:2700423]
("R853 Property"or "DominantFi-stwle")
WHEREAS, RB53 desires to obtain from Acuff, and Acuff agrees to grant to RB53, a
Permanent snow storage easement over and across Acuirs Property within the Snow Storage
Easement Area(defined.below)according to the terms 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 fbIlows:
Snow Storage Easement Agreement—Page 1
1. Aculf hereby grants and conveys to RB53 a non-exclusive easement (the
"Easement'), over, upon and across that portion of Acufrs Property as it borders R1353's
Property and as further detailed and described on Exhibit A attached hereto (the "Snow Storage
Catiement Area") for the storage of snow and access to and maintenance of the same. As part of
this Easement, Grantee shall be allowed to deposit and store snow from its property within the
Snow Storage Easement Arm on Acutr%Property. Acuff hereby grants RB53 access to and from
Acufrs Property within the Snow Storage Easement Area as may be reasonably necessary to
push, blow, shovel,or otherwise deposit the snow from RB53's Property within the Snow Storage
Easement.Area. While utilizing Easement, Grtmtoc shall cause*Ls little damage as possible to the
Servient Estate, and shall promptly repair any damage caused by its use of the Snow Storage
Easement Area and shall remove any garbage or debris that may be left when the snow melts.
2. Said Easement granted from Acuff to RB53 is non-exclusive and the Snow Storage
Easement Area may be used by Acuff'so long w% said use is not adverse to RB53's use of the
Snow Storage Easement Area. Notwithstanding anything to the contrary herein, Grantor retains
the right to utilize that portion of the Servient Estate which is subject to this Easement for all
purlx)sc s as do not have an adverse effext on Grantee's ability to access acid store snow within the
Snow Storage Easement Area.
3. The Easement shall be perpetual and shall nm with the land, fir the benefit of
RB53 and its agents, successors and assig is,subject to the terms and conditions set firth herein.
4. The scope of the Easement shall be for access, to and from and the use of the
Snow Storage Area for snow storage quid uses incidental thereto. The Grantee:may develop and
further subdivide its property and such development and/or subdivision shall not. be considered
an overburdening ofthe E.-i.scment.
5. In the event of a dispute over this Easement Agreement, the parties agree that the
prevailing party in any legal proceeding to enforce;or interpret this Easement Agreement shall be
entitled to rexmivcr the exists of such lawsuit, including reasonable attorney's few, from the other
Ply
6. Time is of the essence with respect to the provisions of this Agreement.
7. This Agreement shall in all respect% be interpreted, construed and enforced
according to the laws of the State of Montana. If any term of this liasenient Agreement is found
to he void or invalid, such invalidity shall not affect the remaining terms of this Easement
Agreement, which shall continue in lull lorc a and effect. This Easement Agreement may be
executed in one or more counterparts, which taken together shall constitute one and the same
document.
8. Whenever required by the context of this Agreement, any singular reference shall
include the plural reference:, and any plural reference shall include the singular.
Show Storage Easement Agreement—Page 2
9. Nothing comtained in this Agreement shall or shall be domed to umstitute a gift
or dedication of any portion of the Snow Storage Easement Area to the general public, for the
benefit of the general public, or to any public purpose whatsoever, it being the intention of the
parties hereto that the easement created hereunder shall be strictly limited to and for 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 conferred herein.
10. Such Easement is and shall be deemed to be a covenant running with the land and
shall be binding upon the particq hereto and upon their successors anti assigns. Any modification
or amendment shall be etTective only when duly executed, acknowledgred and filed in the Proper
office of the Clerk and Rccorder of Gallatin County, Montana.
11. The failure of either party to take action with respect to any breach of any teen,
cxwenant,or condition contained d in this Easement Agreement shall not be deemed to be a waiver
of such term, 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.
12. 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 Servicnt Estate consent to
the granting of this Easement and subordinate the rights to the 13tcscxnent. Grantor represents and
warrants that the granting of this Hasement does not cemstitute an event of default under any
mortgage,Deed of Trust,or any other lien affecting the Servient Estate.
[The Remainder of This Page Intentionally Left Blank; Signature Page Follows.]
.Snow Storage Basement Agreement— 'age 3
Dated this .( day of 2021.
RB53,LLC
a Montana Limited Liability Company
By: �c�c•—J -
Donald W. Olsson, Member
By: �!
r
vans,Member
State of Montana )
ss
County of Cralfatin }
On the day of JU rye, , 2021,before me,a Notary Public for the
State or Montana,personally appeared Donald W. 4lsson and Jon Evans, who acknowledged to
me that they are the Members of RB53, U,C and that they,in such capacity, being authorized to
do so, executed d the foregoing instrument for the purposes therein exmtaine d pursuant to the
authority vested in their.
In (fitness Whereof, I have;set my hand and official seal.
(SEAL) _
HEATHER DEISS Notary Public for the State of Montana
SF'PHEp OF'rJ' Notary Public for the Residing at rad& -
Notarial * State of Montana My Commission Aires' h l l `ZQZi
Seal Residing at BELGRADE,MT
�r _�eP My Commission Expires
9�OF M�"P September 11,2021
Snow,Storage Easement Agrec anent-Page 4
Dated this 1jetday of_,3A DC, 2021.
-bz" 16
Mike Acuff
State of Montana )
. ss
County of Gallatin )
On this ► I i t day of , 2021,before me, a Notary
Public for the State of Montana,personally appeared MIKE ACU1'F,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,1have hereunto set my hand and affixed my Notarial
Seal,the day and year first above written.
(SEAL) 4&9�L
S5
tlER HEATHER DEISS Notary Public for the State oft Mont E Iaanaa�p'
l I
® p
s``P FSs Notary Public for the Rc,siding at W
Notarial State of Montana M Commission ices
Seal Residing at BELGRADE,MT y p
ys, p My Commission Expires
° �oF September 11,2021
Snow Storage Easement Agrc cement—Page 5
Exumfr A
.Snow Stowage Easement Agreement--Page 6
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