HomeMy WebLinkAbout026.2 SEWER AND ACCESS EASEMENT-pkg1
Sewer Pipeline and Access Easement
SEWER PIPELINE AND ACCESS EASEMENT
THIS SEWER PIPELINE AND ACCESS EASEMENT is entered into effective as of
___________________, 2022 by and between GALLATIN PARK OWNER’S ASSOCIATION,
INC. (GRANTOR or “ASSOCIATION”) of Bozeman, MT and LONGSHOT EQUITY, LLC
(GRANTEE or “LONGSHOT”), a Montana limited liability company of PO Box 10025,
Bozeman, MT 59719.
WHEREAS, ASSOCIATION owns real estate commonly referred to as Private Open
Space “C” of the Gallatin Park Subdivision, Plat J-300, located in the East ½ of Section 36,
Township 1 South, Range 5 East, P.M.M. City of Bozeman, Gallatin County, Montana according
to the officiation survey thereof on file and of record in the office of the County Clerk and
Recorder of Gallatin County, Montana.
WHEREAS, LONGSHOT owns real estate commonly referred to as Lot 12, Block 2 of
the Gallatin Park Subdivision, Plat J-300, located in the East ½ of Section 36, Township 1 South,
Range 5 East, P.M.M. City of Bozeman, Gallatin County, Montana according to the officiation
survey thereof on file and of record in the office of the County Clerk and Recorder of Gallatin
County, Montana.
WHEREAS, LONGSHOT desires to obtain from ASSOCIATION, a perpetual easement
to lay, construct and maintain sewer pipelines with the usual services, connections, accessories
and appurtenances for the purpose of transmitting wastewater in, through and across a 20’ wide
strip of land owned by the ASSOCIATION as depicted in EXHIBIT A.
NOW THEREFORE, for One Dollar and other and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree as follows:
1. The ASSOCIATION hereby grants and conveys to LONGSHOT the above-described 20’
sewer pipeline and access easement, over, upon and across that portion of the
ASSOCIATION’s property as further detailed and described on Exhibit A, attached
hereto to lay, construct and maintain sewer pipelines with the usual services, connections,
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Sewer Pipeline and Access Easement
accessories and appurtenances for the purpose of transmitting wastewater. The
ASSOCIATION hereby grants LONGSHOT and its agents, assigns and contractors
access to and from ASSOCIATION property within the sewer pipeline easement as may
be reasonably necessary to build, repair, replace and maintain the sewer pipeline. While
utilizing the Easement, LONGSHOT shall cause as little damage as possible to the
Servient Estate, and shall promptly repair any damage caused by its use of the Sewer
Pipeline Easement Area.
2. The Easement shall be perpetual and shall run with the land, for the benefit of
LONGSHOT and its agents, successors and assigns, subject to the terms and conditions
set forth herein.
3. 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 recover the costs of such lawsuit, including reasonable attorney’s fees,
from the other party.
4. This Agreement shall in all respects be interpreted, construed, and enforced 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 affect 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.
5. Wherever required by the context of this Agreement, any singular reference shall include
the plural reference, and any plural reference shall include the singular.
6. Such Easement is and shall be deemed to be a covenant running with the land and shall
be biding upon the parties hereto and upon their successors and assigns. Any
modification or amendment shall be effective only when duly executed, acknowledged
and filed in the office of the Clerk and Recorder of Gallatin County, Montana.
7. The failure of either party to take action with respect to any breach of any term,
covenants, or condition contained in this Easement Agreement shall not be deemed to be
a waiver of such term, covenant, or condition of subsequent breach of the same, or any
other term, covenants, or condition contained in this Easement Agreement, unless such
waiver is in writing and signed by the parties.
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Sewer Pipeline and Access Easement
DATED this ______ day of _____________________, 20 .
___________________________________
GRANTOR, President of the Gallatin Park Owner’s Assoc.
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 ________________, President of
GALLATIN PARK OWNERS’ ASSOCIATION., 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 above written.
(SEAL)
___________________________________ Notary Public for the State of Montana
__________________________________ (Printed Name)
Residing at
My Commission Expires _____/ /20
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Sewer Pipeline and Access Easement
DATED this ______ day of _____________________, 20 .
___________________________________
GRANTEE, Member Longshot Equity, LLC.
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 ________________, Member of
Longshot Equity, LLC, 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 above written.
(SEAL)
___________________________________ Notary Public for the State of Montana
__________________________________ (Printed Name)
Residing at
My Commission Expires _____/ /20
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Sewer Pipeline and Access Easement
EXHIBIT A
PRIVATE OPEN SPACE "C"GALLATIN PARK SUBDIVISIONPLAT J-300LOT 12, BLOCK 2GALLATIN PARK SUBDIVISIONPLAT J-300NGRAPHIC SCALE1 inch = ft.0( IN FEET )255050DATE:Plot Date: 1/13/2022 5:07 PMH:\1086\017\ACAD\SHEETS\SEWER EASE.dwgLOCATION:BOZEMAN, MT01/202220-FOOT SEWER EASEMENTEXHIBIT AA 20-FT SEWER EASEMENT ACROSS OPEN SPACE "C" OF THEGALLATIN PARK SUBDIVISION (J-300), FOR THE BENEFIT OF LOT 12,BLOCK 2 OF THE GALLATIN PARK SUBDIVISION (J-300), BOTHLOCATED IN SOUTHEAST QUARTER OF SECTION 36, T1S, R5E, P.M.M.,CITY OF BOZEMAN, GALLATIN COUNTY, MONTANAEXHIBIT A