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Home My WebLink About030 Road Maintenance Agreement 2158826 II1111111111 loll 1 09 0512004 09:29A Sh*114r VanOO-Gallatlr, Co MT MiSC 80.00 ROAD MAINTENANCE AGREEMENT THIS Road Maintenance Agreement, made, entered into and effective as of to the latest signature which appears below, is as follows: WITNESSETH WHEREAS, the undersigned constitute all of the owners of that real property known as lots 1 through 12, inclusive, in Block 2 of Gallatin Park Subdivision, according to the official plat therof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. {Plat Reference: J-3001; and WHEREAS, there is shown and set forth on the plat above-referenced, a 20-foot reciprocal access easement shared drive access extending westerly from Manley Road between Lots 1 and 2, then in a northwesterly direction along the southern boundary of Lots 2 through 11 , inclusive, and terminating at the southernmost point of Lot 12, all in Block 2 of the Subdivision above-referenced; and WHEREAS, there has been established an easement for right-of-way for ingress and egress along the common boundary between Lots 11 and 10 in Block 2 of the above-referenced Subdivision, which easement connects the Gallatin Park Drive with the shared drive access referred to in the paragraph above; and WHEREAS, the parties hereto are desirous of setting forth their rights, understandings, and obligations insofar as the maintenance, repair and upkeep of the 20-foot wide shared drive access and the easement for right-of-way for ingress and egress above-described are concerned. NOW, THEREFORE, for and in consideration of the mutual terms and conditions contained and set forth on the part of the parties to be kept and performed, the parties hereto agree each with the other as follows: 1. That the recitals as set forth above are hereby incorporated herein by reference. 2. The undersigned herein establishes this Road Maintenance Agreement whereby each lot shall pay an equal share in and to the maintenance and upkeep of the roadway. All undersigned owners shall contribute equally on a per lot basis to the maintenance, repair, and upkeep of the roadway. 1 CAWORDNClients\I,J,K's\Kradolfer\Road Maint.Agmt.wpd I2158826 Papa: 2 of 10 08/0512004 09:28AIIII Illlllll lilllll111111111111111111111 Shelley Vanoe-Gallatin Co MT MISC 60.00 3. As used herein, maintenance and/or upkeep shall include periodic seal coating, snow plowing, and the annual mowing of vegetation adjacent to either side of the roadway to minimize snow drifting. 4. Further in this regard, notwithstanding the above provisions, it is agreed and understood by and between the parties hereto that; The owners shall meet at least annually to discuss and vote upon the road and maintenance and shall prepare an estimated annual budget, with each lot having one vote and each lot being responsible for 1/12 of the cost of all maintenance, repairs, replacement, or other work to be done hereunder. Any vote shall require a quorum 2/3 of the lot owners are present in person or by proxy, and if such a quorum is present, then a 2/3 vote shall carry any item voted upon. Any Lot owner who fails, refuses, or neglects to pay for an assessment as provided for herein, hereby consents to the placement of a lien upon the Lot or Lots for which the assessment is unpaid, together with the cost of preparation, filing and collection, including foreclosure costs involved with such liens. 5. No gate or other obstruction shall be placed over or across the roadway which is the subject of this Agreement. 6. Nothing herein shall be construed so as to require or provide for the maintenance, repair, replacement, upkeep, establishment, snow plowing, or other treatment of driveways leading from the roadway. It being understood that all such private driveways leading from the roadway shall be created, established, repaired, replaced, maintained and the responsibility of the lot owners served by such private driveway. 7. That this Agreement shall be binding upon the undersigned and the undersigned's heirs, successors and assigns in perpetuity and the provisions contained and set forth herein shall run with and bind the land described above. This document may be amended or terminated only by an instrument signed by all of the owners of the Lots described above. 2 CAWORD\Clients\I,J,K's\Kradolfer\Road Maint.Agmt.wpd 2158826 4IIIllI ��1 U J 05/2004 0:29A I1111111111 Illllllll 41111II II�IIII� IIIII Shelley Vance-Gallatin Cc MT MtSC e0,00 8. This document shall be construed according to the laws of the State of Montana and any dispute shall be resolved in the Eighteenth Judicial District in Gallatin County, with the prevailing party entitled to reasonable attorney's fees and costs. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals as of the day and year which corresponds to their signatures attached. Balance of this page left intentionally blank, signatures to follow: / 3 CAWORMClientsM,J,K's\KradolfeARoad Maint.Agmt.wpd 2158826 page! 4 of ie 09105/2004 09:29A Illy I111 11111 l�l�ll I IIIIII IIII1l Lot 10: ShalleY Vince-Siallotln Cc MT MISC WAS K RT WINEGA DNER DATE MELINDA WINEGARDINtItR DATE STATE OF MONTANA } County of Gallatin ® ) On this 4:�)day of 6 0-7� , 2004, before me, a Notary Public for the State of Montana, personally appeared KURT WINEGARDNER and MELINDA WINEGARDNER, known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS THEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first above written. r Notary Public for the State of Montana Residing at My commission a pires: �dzv? 4 CAWORMClientsV,J,K'sWradolfer\Road Maint.Agmt.wpd 2158826 IIII II �IIIII 1111111 Pass; B 0612004 09:2ea IIIII IIII III IIIII III Shall�v Vance-Gallatin Cc MT MISC 60.00 Lot 3 c� SR ALLACE, L.L.C. --7P 4-;l DATE STATE OF MONTANA ) County of Gallatin ) On this S day of , 2004, before me, a Notary Public for the State of Montana, personally ap eared S c.�-e'j -b, u,ktllu known to me to be the person whose name is subscribed to the within instrument and the of SR WALLACE, L.L.C, and acknowledged to me that he/she executed the same. IN WITNESS THEREOF, i have hereunto set my hand and affixed my Notarial Seal, the day and year first above written. f��t SEAL - Notary Public for the State of M ntana .y Residing at BOV My commission expires: J5 5 ONWORMOientsv,J,K'"radoltaARoad Maint.A®mt.wpd A - UO/Z00'a T800# Z31330 IOSKs Z5L6L859Ob 809T fi00Z8Z'Znr Illlli�III�fl 11 II 2158826afo10 li I (I I��I If��III� II III ff 08/05!2004 09.28A Shelley Vance-Gallatin Cc MT MISC 60.00 REACH, INC., /"a', - BY 1T ' � DATE STATE OF MONTANA ) :ss County of Gallatin ) On this da of � 2004, before me, a Notary Public for � ' y the State of Montana, personally appeared -� <� l( , known to me to be the person whose name is subscribed to the within instrument and the I of REACH, INC., and acknowledged to me that he/she executed the same. ` ve- IN WITNESS THEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first above written. /100 Notary Public fX the State of Montana '"•,�,, f Residing at ►-� /u f- My commission ek fires: 6 CAWORMCIientsV,J,K's\Kradolfer\Road Maint.Agmt.wpd IIIIII IIIII IIIII IIIIIII III III II 11111E Ell Page: 7 of 10 2158826 I IIIII IIIIII 06/05/2004 09:29A I I Shelley Vanco-Gallatin Cc MT MISC 60.00 RICOCHET DEVELOPMENT, LLC, � �e Zq 0 BY ITS' DATIE STATE OF MONTANA ) County of Gallatin ) On this 2 l day of —v\ , 2004, before me, a Notary Public for the State of Montana, personally appeared)o ---))U Y r\e , known to me to be the person whose name is subscribed to the within instrument and the of RICOCHET DEVELOPMENT, L.L.C, and acknowledged tome that he/she executed the same. IN WITNESS THEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first above written. ,, �, ,t,: ,.;;M1, w� a: = Notary Public for the State of Montana N ; SEAL ..',=IT Residing at e Y0\6-Q '.,�'A•qj My commission expires: 11 - J C- OF MO I1rifi kt%\k � 7 CAWORD\Clients\I,J,K's\Kradolfer\Road Maint.Agmt.wpd 07i20l2004 11:08 FAX 4085889210 HOUSE OF CLEAN Z005/008 II! I 2158826 l II Illll ill! Pass: 8 10 tllltllltttt I!ltlllllltt II!!IllHitl 08/061!It 2004 09.28Fi Shelley VanOe-Gallatin Co MT M1SC 80.00 TABLEROCK. VENTURES, INC., a FUND OF FUNDS, a Nevada Nevada C rporatlon., by Corporation, Say aur nce.- Vasti, Pre,,-rdent qLaellCe Vosti, President `.f, TIE -i.. CP-.i-lF(-)—M l`, Cr..iMy of -CO CO ld��; il':I::• �.}:.t�r` '.! -...._._ _SCL. --------- Ci�'.�'^!•� `before :'�ne: a.. Note.ry Public in and t for said Stag. oerscnalf,, appeared LA,URENCE_ VOSTi as President of TABLEROCK VENTURES, INC., a Nevada Corporation and as President of FUND OF FUNDS, a Nevada Corporation ana ackno-wledged to me lhat he executed the same on behalf of TABLEROCK VENTURES,FS, ;rfC., a ^�eva;f< C�,-ooration and FU',,' OF FUNDS, a Nevacia Corw;rat cn. IN 1-,V TNESS 'THE'-EOf, i I�a�ie ��ereuntc set my` h�ana and affixeu my Notarial Seal. L %d- fly&I �'.•. J��E. nE• 4l Cxt1 '::tr�;f, �.t;3ar ,i �_: `�.��: �% �'ti ri-,r•.!"�. .;...:....., for the `State expi—s-z:jjj! =LINDAMCNar Y08 tfant.Agmt apd IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII11111IIIIIIII z6588?6Q Shelley Vance-Gallatin Co MT M1SC 60.00 7- B 91AN A. N E R DATE d2)t4 7 �Z CONSTANCE WAGNE D E STATE OF MONTANA ) County of Gallatin ) L* On this aC/ day of , 2004, before me, a Notary Public for the State of Montana, personal) app ed BRIAN A. WAGNER and CONSTANCE WAGNER, known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS THEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first above written. Aw SEAL Notary Public r the State of Montana •' - Residing at am /'t -7/- _. � My commisslo expires: �'s�`�0C) 9 CAWORMClientsM,J,K's\Kradolfer\Road Maint.Agmt.wpd 2158826 0SPew l0612004r09:29A 1IIIIII��I 19 1�1111 1111111 tillll�1�111 Shelley Vanes-Gallatin Co SIT MISC 60.00 B & G Development, L.L.C. 7-- BY ITS' DATE STATE OF MONTANA ) County of Gallatin ) On this�L day of 004, before pe, a Notary Public for the State of Montana, personal app red 6- , known to me to be the per on whose name is subscribed to the ithin instrument and the � c v f of B & G DEVELOPMENT, L.L.C, and acknowledged to me that he/she execute the same. IN WITNESS THEREOF, I have hereunto set my hand and affixed my Notariai Seal, the day and year first above written. oe M. yip n d-1, /au wy Notary blic f the gSt;Lte of Montana ' SEAL ' t Residing at M 6� ` , My commission Aires: r y. ` r •�:;. spa 10 C..\woRDV✓lier tW,,,Wa\ radoliAMoad Main Agmt.wpd £00/£00 'd T800# ZGL6L8590V 80=9T V00Z, 8Z''If1r