HomeMy WebLinkAbout12 Parking Easement DRAFTWhen Recorded Return to:
Bryan Law Firm, P.C.
PO Box 1371
Bozeman, MT 59771
Return to:
Bozeman City Clerk
P.O. Box 1230
Bozeman, MT 59771-1230
MUTUAL ACCESS AND PARKING EASEMENT AND AGREEMENT
This Easement and Agreement is established this ____ day of _____________, 2022, between 19th
Capital Group LLC, a Montana Limited Liability Company, whose address is 322 W.
Mendenhall St., Bozeman, Montana, 59715 (“Grantee”), and University Crossing Property
Owners Association, a Montana mutual benefit corporation, whose address is 322 W.
Mendenhall St., Bozeman, Montana, 59715 (“Grantor”);
RECITALS:
WHEREAS, University Crossing Property Owners Association is the record owner of the
following subservient tenement (“Easement Property”):
COMMON OPEN SPACE, UNIVERSITY CROSSING MINOR SUBDIVISION NO. 503, City
of Bozeman, according to the plat thereof on file and of record in the office of the Clerk and
Recorder, Gallatin County, Montana, and located in the SE 1/4 of Section 14, Township 2 South,
Range 5 East of P.M.M.
WHEREAS, 19th Capital Group LLC is the record owner of the following dominant tenement:
LOT 1A-1 of MINOR SUBDIVISION NO. 503B, City of Bozeman, according to the plat thereof
on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and located
in the SE 1/4 of Section 14, Township 2 South, Range 5 East of P.M.M.; and
LOT 2A of MINOR SUBDIVISION NO. 503A, City of Bozeman, according to the plat thereof
on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and located
in the SE 1/4 of Section 14, Township 2 South, Range 5 East of P.M.M.; and
LOT 3, of MINOR SUBDIVISION NO. 503, City of Bozeman, according to the plat thereof on
file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and located
in the SE 1/4 of Section 14, Township 2 South, Range 5 East of P.M.M.; and
WHEREAS, the Parties have determined that it is in their best interests to establish an access and
parking easement for the development of the lot described above;
NOW, THEREFORE, a mutual access and parking easement for a common driveway, parking
area and ingress and egress is hereby established as follows:
1. Description of Easement. The easement is over, under and across all of said Common
Open Space.
2. Perpetual Easement. This access and parking easement shall be a perpetual easement and
shall be superior to and paramount to the rights of any of the subsequent owners of said properties
and the respective servient estates so created. The Parties further state that this easement is a
covenant that shall run with the land, and shall be for the benefit of and inure to the Parties, their
successors and assigns, their agents, employees, tenants, and guests of tenants, and shall burden
their respective parcels, perpetually.
3. Surface Easement; Reservation of Subsurface Rights; Access. This easement is
generally construed as a surface right where the Parties acknowledge that Grantor has certain
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subsurface rights, primary related to the maintenance of a stormwater system. Grantor reserves
the right to access its subsurface rights via the surface lot for which Grantor is granting to Grantee.
Grantor may reserve the right to access its subsurface rights as is reasonable and necessary to
preserve its subsurface rights, which may include the need to destroy portions of the easement
Property. Should Grantor need to access its subsurface rights, Grantor shall be able to utilize the
Easement Property, with reasonable attempts to minimize Grantor’s interference with Grantee’s
use of the Easement Property. Grantor shall bear all expense to repair the Easement Property to
reasonably restore the Easement Property to its condition prior to Grantor’s access. Should Grantor
deprive Grantee of any space within the Easement Property for more than 30 days in 1 calendar
year, Grantor shall reasonably compensate Grantee.
4. Maintenance. Grantee shall generally be responsible for the maintenance of the Easement
Property unless otherwise provided in this Agreement.
5. Successors. Subsequent owners and their heirs and assigns shall be bound to this
Agreement.
6. Indemnification. That Grantee shall indemnify Grantor against any liability resulting from
its use of the Easement Property unless such liability is due to Grantor’s negligence.
7. No Encumbrances. That the mutual access and parking easement shall remain free and
clear at all times from all encumbrances.
8. Attorney Fees. That the substantially prevailing party in any dispute arising under this
Agreement shall be awarded its reasonable attorney fees.
9. Governing Law. This Agreement shall be construed under the laws of the State of
Montana.
The Parties have executed this mutual access and parking easement and agreement on the
day and year first written above.
19th Capital Group LLC, a Montana limited liability company
By:
Its: Managing Member
STATE OF MONTANA )
) ss.
County of Gallatin )
On this_______day of________________,20____, before me the undersigned, a Notary
Public for the State of Montana, personally appeared__________________________, known to
me to be___________________ of____________ and the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the within instrument for and on
behalf of _________________________________.
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
Printed Name: ______________________
Residing at: _______________, _________
My Commission Expires: _____/ _____, 20 ____.
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University Crossing Property Owners Association
By: _____________________________
Printed Name: ____________________
Its: President
STATE OF MONTANA )
) ss.
County of Gallatin )
On this_______day of________________,20____, before me the undersigned, a Notary
Public for the State of Montana, personally appeared__________________________, known to
me to be___________________ of____________ and the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the within instrument for and on
behalf of _________________________________.
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
Printed Name: ______________________
Residing at: _______________, _________
My Commission Expires: _____/ _____, 20 ____.
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ACCEPTED:
CITY OF BOZEMAN
______________________________
By: Jeff Mihelich, City Manager
ATTEST:
Mike Maas, City Clerk
STATE OF MONTANA )
)ss.
County of Gallatin )
On this ________ day of ___________________, 202___, before me, a Notary Public for the State
of Montana, personally appeared JEFF MIHELICH and MIKE MAAS, known to me to be the
City Manager and City Clerk, respectively, of the City of Bozeman and the persons whose names
are subscribed to the within instrument, and acknowledged to me that they executed the same for
and on behalf of the City of Bozeman.
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
Printed Name: ________________________
Residing at
My Commission Expires / /20