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HomeMy WebLinkAbout011 Homesites Existing Easement Upon recording, please return to: Jennings Law Office, P.C. 1704. West Babcock, Suite A Bozeman, Montana 59715 I IIIIII IIIII IIIII IIIIII IIII II II � I o f 5 II Illfll III IIIII IIII II�I 1 f321200,7 09.19R Charlotte Mills-Gallatin Co MTMISC 35,00 EASEMENT AGREEMENT This Easement Agreement is made this l day of September, arti 2007, by and between Dale L. Miller and M W. Miller, of 906 Blackmore Place, Bozeman, Montana 59715, hereinafter referred to as "Millers, " and L.A. S.T. , LLC, of 924 Stoneridge Drive, Suite 1, Bozeman, Montana, 59718, hereinafter referred to as "L.A.S .T. " for the property described below. R E C I T A L S 1 . That Millers are the owners of certain real property in Gallatin County, Montana, which adjoins land owned by L.A. S .T . 2 . That pursuant to agreement of the parties, L.A.S.T. wish to acquire from Millers an easement over and across the land owned by Millers. NOW THEREFORE, the parties hereto declare as follows : 1. The properties which are the subject of this Declaration of Easement are described as follows: Dominant Tract: Tract 19A of the Amended Plat of Lots 19 and 17 of Homesites Subdivision, Bozeman, Gallatin County, Montana. Servient Tracts: Lots 1 and 2 of the Amended Plat of Tract 15 of Homesites Subdivision, Bozeman, Gallatin County, Montana. 2 . Millers hereby grants to L.A. S.T. a perpetual easement which shall run with the land for the benefit of the dominant tract described above, for the benefit of L.A.S.T. , as well as its successors and assigns, for the construction of a roadway over and across that portion of the Servient Tract shown on the attached site plan. 1 3 . The easement granted herein shall be for the purpose of providing ingress and egress to and from the Dominant Tract � a described above for the owners, guests and invitees of owners of �_ properties within the Dominant Tract, as well as Tract 17A of thery0 Amended Plat of Lots 19 and 17 of Homesites Subdivision, as shown on the proposed site plan for GVRE Office Plaza and Homesite Nab Condominiums . In addition, other improvements generally associated with roadways, such as curbs, gutters, sidewalks and landscaping, Ln shall be allowed within the easement . This easement shall become " effective upon recordation of this instrument in the office of the Gallatin County Clerk and Recorder. W 4 . It shall be the responsibility of L.A. S.T. , or its o successors in interest, to construct and maintain the roadway C within the easement, at its expense, for as long as the same shall ro exist and to restore any portion of the easement which is disturbed during construction, but not a part of the roadway, or any other N portion of the Servient Tract which is not part of the roadway, to C its condition at the time of execution of this instrument . In constructing or maintaining the roadway, L.A. S . T. agree to promptly pay all costs associated with such construction and to indemnify and hold harmless the owners of the Servient Tract against all claims, damages, construction liens, and causes of action that may arise out of such construction or maintenance, including reimbursement of all court costs and attorney fees that the owners of the Servient Tract may incur in defending against such claims, damages, construction liens and causes of action. 5 . In the course of construction of improvements, L.A. S. T. agrees that it will construct a curb cut at the east end of the roadway on Lot 2 of the Servient Tract to allow vehicular traffic to and from Lot 2 onto the easement roadway. L.A. S.T. further agrees that it will construct the roadway in such a manner that the slope of the roadway on Lot 2 of the Servient Tract will facilitate the flow of storm water away from Lot 2, in order to prevent flooding at the transition between Lot 2 and the easement area. L.A. S .T. also agrees that it will raise the top of the stormdrain immediately south of the easement area and immediately east of North 19t' Avenue to match the surrounding grade and that it will backfill along the edges of the driveway curb to match the surrounding grade or to provide a gentle slope away from the curb to the adjacent property. 6 . Nothing contained herein shall prevent the owner of the Servient Tract from utilizing the easement for any purpose not inconsistent with the usage described herein, including vehicular travel for the owners, employees of the owners, guests and invitees of the owner of the Servient Tract. In addition, the Millers, or their successors in interest, shall have the right to erect a gate 2 or other mechanism to limit or prohibit traffic onto that portion of the Servient Tract which is not available for roadway usage. 7 . L.A. S.T. , for itself and its successors in interest, hereby agrees to release the owners of the Servient Tract and their am successors in interest from any damages or injuries that L.A.S.T . , O1 their successors in interest, or any guests or invitees of L.A.S.T. Jam© or their successors in interest, or any member of the public may Rrwr- suffer while using the easement and L.A. S . T. , for itself and its G00 0 successors in interest further agree that it and its successors in � .N interest shall save and hold harmless and indemnify the owners of �ySOa the Servient Tract and their successors in interest from any �! claims, causes of action, or damages on the part of any third party �! as a result of the installation of roads or other improvements within the easement area, or the usage of the same by L.A.S. T. , its successors in interest, its guests and invitees, or members of the public who may choose to utilize the roadway, including all court costs and attorney fees incurred by the owners of the Servient �� o Tract in defending against any such claims or causes of action. This release and agreement to hold harmless shall not protect the owners of the Servient Tract, or their successors, from their own negligent or intentional acts or omissions which may result in M- y injury to persons or property upon the easement. In furtherance of the provisions of this paragraph, L.A. S . T. agrees that it will name the Millers, or their successors in interest, as additional named o insureds on any liability insurance policy obtained for the protection of the Dominant Tract . 8 . The terms and conditions of this instrument shall constitute covenants running with the land and shall bind the parties to this instrument, as specified in Section 70-17-201, MCA. Dated this day of September, 2007 . L.A. S .T. , LLC Dale L. Miller Neal Ainsworth, Managing Member of L.A. S. T. , LLC J k Mar i W. Miller 3 STATE OF MONTANA ) : ss County of Gallatin ) This instrument was acknowledged before me on September _, 2007, by Dale L. Miller and Marti W. Miller. m �� m 111111'By11111!/�� 8 P, CD �. . - . �� '� Notary P blic for the State of Montana 00 N (S,•E L) •, �$ Printed name: Biller-- IN • 14 AR/,4 Residing at Montana Na 0 - c �•� _- My Commission expires : Z 20 jt} p m ;s � � Cq IlllII III kill 0 � U m c� STATE OF MONTANA ) : ss E County of Gallatin ) ° This instrument was acknowledged before me on September ILI , 2007, by Neal Ainsworth, managing member of L.A. S. T. , LLC. `0u1111UIlu//// I . 'A Notary Public for the State of Montana Printed name: Residing at Montana N-. My Commission expires : Z��_ 20 q SEAL ,• * :,,,may ' •P�sQ'�` Z410F M01�6 4 EXHIBIT A a ACCESS EASEMENT m TRACT 19A, HOMESITES SUBDIVISION LOTS 1 & 2 OF THE AMENDED FLAT OF TRACT 15 � 00 0 OF THE HOMESITES SUBDIVISION N rn N o �a� 50 25 0 50 m Lo � � M 'i...--......ALL 1 � N S�eQ{vEs� � E � o rn CV � FZ ¢ 3 I NoMES I TRACT i 9A r a Z a z I a IN Z o o o � 0 o N I L 'p V W Z I FOWD MAR r V }— N00'00'1D"W N 88'58'Sfi"E� 154.60 � ' �..� Q1M CAP'aist EV E 20.9 ' �t z a Y' 500 65' 71.38' ACCESS EASEMENT g S 89'55'50" w N 89'55'50' E 114.79'� BASIS OF BEARIN rn W CQRNER OF TR. 19A FWKO WW SHOMESITES SUBDIVISION S 8g'38'5� 6" 139.72' S 89' .0 S50' W v U I a N00'OD'10'W I � 15.81' 0 s `1 xcf l� s I �Ot 1 piAT of s 6o N55� �Or 2 co I I AMER �pOM5 1{ I OF 1N fl \ W10E z I 8�' tR,�EASEMENT w F I T ol 6I fyI 50' 6, ' m I 15R cE 5U80 14 �'i ApEE I I M a i c cn o I it soz_oso�s�►ca.a£oseman�Exh .D1Y6 BOZ-902_LERNER 09/70/2007 DWP i 0 q a U a