HomeMy WebLinkAbout24 - Easement Type Unknown - BCA RE, LLC, RWH Realty, LLC, & 104 E Main, LLC - Black Avenue, Block B of the Bozeman City Plat After recording,return to: 2818216
RWH Realty,LLC Page: 1 of 10 01/05/2024 10:30:47 AM Fee: $80.00
Attn:Randy Scully
Eric Semerad -II Gallatin County MT MISC
106 E.Babcock Street,Suite 1F
Bozeman,MT 59715
DRAINAGE EASEMENT AGREEMENT
This Drainage Easement Agreement (this "Agreement") is made by and among BCA RE, LLC
(`BCA RE'), RWH Realty, LLC, a Florida limited liability company ("RWH Realty"), and 104 E Main,
LLC, a Florida limited liability company ("104 E Main"). BCA RE, RWH Realty, and 104 E Main are
each sometimes individually referred to in this Agreement as a"Grantor" and are sometimes collectively
referred to in this Agreement as "Grantors." Grantors desire to grant to each other reciprocal easements
across each property that each owns, as described below. Therefore, each Grantor is also a Grantee and
beneficiary of this Agreement.
RECITALS:
WHEREAS, BCA RE is the owner of the BCA RE Property, as defined and described on Exhibit
A to this Agreement,which Exhibit A is hereby incorporated into and made a part of this Agreement;
WHEREAS, RWH Realty is the owner of the RWH Realty Property,as defined and described on
Exhibit A to this Agreement;
WHEREAS, 104 E Main is the owner of the 104 E Main Property, as defined and described on
Exhibit A to this Agreement;
WHEREAS, the BCA RE Property, RWH Realty Property, and 104 E Main Property is
sometimes collectively referred to in this Agreement as the"Property'; and
WHEREAS, the Grantors desire to grant to each other reciprocal easements across the Property
for purposes of the conveyance of stormwater and the operation, maintenance, repair, improvement and
replacement of drainage facilities related thereto, including, without limitation, any storm drain and
drainage pipe,all on the terms and conditions set forth in this Agreement.
NOW, THEREFORE, each Grantor, severally and not jointly or jointly and severally and solely
with respect to the portion of the Property owned by such Grantor, for good and valuable consideration,
receipt and sufficiency of which is hereby acknowledged, hereby grants to each other Grantor, and their
respective successors in interest, an easement for conveyance of stormwater through and across the
portion of the Property depicted and identified on Exhibit B, attached hereto and incorporated herein, as
NEW 14.00' STORM DRAIN EASEMENT (the "Easement Area"), together with the right to operate,
maintain, repair, improve, and replace, as necessary, related drainage facilities and a non-exclusive
easement for ingress and egress between such Easement Area and the nearest public road or street as
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reasonably necessary for the operation, maintenance, repair, improvement, and replacement of such
drainage facilities located or to be located within the Easement Area. Except for the easement rights
expressly granted herein, each Grantor reserves and retains all rights in and to the portion of the Property
owned by such Grantor, including the right to use such Property and grant use rights to others so long as
such use does not unreasonably interfere with use of the Easement Area for the purposes stated in this
Agreement.
Grantors shall, collectively, be responsible for the maintenance, repair, improvement, and
replacement, as reasonably necessary from time to time, of the drainage facilities located or to be located
within the Easement Area. Each Grantor shall be responsible for a portion of the cost of any such
necessary maintenance, repair, improvement, or replacement of the drainage facilities, or any portion
thereof, based on the square footage of the surface space of the Easement Area located on such Grantor's
portion of the Property as compared to the entire square footage of the Easement Area, regardless of
which Grantor owns the portion of the Property where the maintenance, repair, improvement, or
replacement is needed. When any Grantor believes any maintenance, repair, improvement, or
replacement is needed with respect to the drainage facilities within the Easement Area such Grantor will
provide notice to the other Grantors, which notice will be provided in advance of such work except in the
case of emergencies, and the Grantors will cooperate in good faith to complete the required maintenance,
repair, improvement, or replacement and to make payments or reimbursements as necessary so that the
Grantors share the costs of such work as described above.
Each Grantor warrants, severally and not jointly or jointly and severally, that it is lawfully seized
and possessed of the portion of the Property owned by such Grantor and that it has lawful right to convey
the easements and rights as set forth herein. The foregoing notwithstanding,the easements granted herein
are granted subject to all existing easements, encumbrances and other items of record. As used herein,the
term Grantor shall mean each Grantor signing this Agreement and their successors in interest with respect
to the portion of the Property within the Easement Area which is owned by such Grantor, including if
such portion of the Property within the Easement Area is further subdivided or otherwise modified, in
which case the owners of all future lots or other subdivisions of the Property within the Easement Area
shall be Grantors with respect to the portions of the Property within the Easement Area which is owned
by them. Any notices to any Grantor delivered under this Agreement shall be hand delivered or sent to
the address on file with the Gallatin County Treasurer's office with respect to the portion of the Property
owned by such Grantor.
The terms, covenants and provisions of this Agreement shall extend to and be binding upon the
heirs, executors, administrators, personal representatives, and successors in interest of the Grantors.
Nothing in this Agreement shall be deemed a dedication to the public or other grant of easement or other
rights to the public.
Drainage Easement Agreement
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IN WITNESS WHEREOF,this Drainage Easement Agreement has been signed on behalf of each
Grantor as of the dates set forth on the signature pages below.
GRANTOR:
BCA RE,LLC
By:
Name: s
Title: `/ri., WA-611V(s flL reV-I-ay�,
6CH-tr(!:, LLC-
STATE OF
COUNTY OF EjT :ss
This instrument was acknowledged before me on 20ZLt by
as r of BCA RE,LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the date first above written.
. LAXi-3 [signature]
Notary Public for the to of
( SEAL) L �e s �01��✓.5
SUSAN L. DES JARDINS (Printed Name)
��„DES�g9 NOTARY PUBLIC for the Residing at: ,
wyP'OTA % State of Montana ty) (State Residing at ( )
N,•, �e Bozeman,Montana My commission expires: t -0\ ,20 ZA
9TFOFMO�P MY Commission Expires (M th/Day/Year)
August01,2025
Drainage Easement Agreement
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GRANTOR:
RWH Realty,LLC, a Florida limited liability company
By:
V Name: 1, t_'�A "v e Sc ct-I�/
Title:
STATE OF
COUNTY OF fi&C,-� :ss
This instrument was acknowledged before me on 20Z [, by
as C)w,� of RWH Realty, LC, a lorida limited liability
company.
IN WITNESS WHEREOF, I ha e hereunto set my hand and seal the date first above written.
[signature]
Notary Public for the of A
( SEAL) 5'x—� U• 40-5 AL�G%�Acv
(Printed Nam
Residing at:N ,
SUSAN L. DES JARDINS ( ' y) (State)
DES�g9 NOTARY PUBLIC for the
'• ' ° My commission expires: Ob O k ,20 Z 5-
State of Montana
v*,�,SEAL :* Residing at (Month/Day/Year)
9�., ,.•P�� Bozeman, Montana
OF ma My Commission Expires
August 01, 2025
Drainage Easement Agreement
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GRANTOR:
104 E Main,LLC, a Florida limited liability company
By:
Name: SW
Title:
STATE OFC� )
as
COUNTY OF
This instrument was acknowledged before me on �Ida
20VA , by
5 as VW j, � of 104 E Main, LL , imited liability
company.
IN WITNESS WHEREOF, I hav hereunto set my hand and seal the date first above written.
Cc [signature]
Notary Public for the Stat f c,-
( SEAL) 9lksa-^ L. c�✓a,V•5
(Printed Name
Residing at: \
DESK SUSAN L. DES JARDINS
�� ...•q9 NOTARY PUBLIC for the (C y) (State)
��' TA • °y State of Montana My commission expires: O O\ 120 ZS
Residin
*: AL:* 9 at (Month/Day/Year)
N,.•. 2� Bozeman, Montana
9rFOFMO�P My Commission Expires
August 01, 2025
Drainage Easement Agreement
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EXHIBIT A
Legal Description of Property
BCA RE,LLC
Certain real property owned by BCA RE, LLC, located in Gallatin County,Montana,more particularly
described as follows (the`BCA RE Property"):
Beginning at a point on the North boundary line of Block "B" of the original townsite of
the City of Bozeman, Montana, as shown on the plat thereof on file in the office of the
County Clerk and Recorder of Gallatin County, Montana, 10 feet West of the East
boundary line of Lot 5, thence running westerly along the North boundary of said Block
"B", to a point 28%z feet East of the West boundary line of Lot 4, in said Block; thence at
right angles Southerly 140 feet; thence Easterly at right angles to a point 10 feet West of
the East boundary line of said Lot 5; thence Northerly to the place of beginning the above
being a parcel of land 21%2 feet wide by 140 feet long, according to Warranty Deed
recorded in Film 85,page 2390. [Deed Reference: Doc.No.2374244]
RWH Realty,LLC, a Florida limited liability company
Certain real property owned by RWH Realty,LLC, a Florida limited liability company, located in
Gallatin County,Montana,,more particularly described as follows (the"RWH Realty Property"):
Parcel I:
That part of Lots 5 and 6 in Block "B" of the Original Plat of the Town (now City) of
Bozeman,Montana, as follows: Beginning at a point in the north line of said Lot 5 distant
thirteen feet west of the northeast comer thereof, thence east along said north line thirty
feet,thence south by a line parallel with the east line of said Lot 6, 140 feet,more or less,
thence west along said south line of said Lots 5 and 6, 30 feet, thence north 140 feet,
more or less, to the point of beginning, situated in the City of Bozeman, Gallatin County,
Montana. (Deed Reference: Doc.No. 2785977)
Parcel II:
Thirteen feet off of the East side of Lot Six(6) and also Thirteen feet off of the West side
of Lot Seven (7), all being in Block "B" of the Original Plat of the Town, now City, of
Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of
record in the County Clerk and Recorder of Gallatin County, Montana. (Deed Reference:
Doc.No. 2785977)
104 E Main,LLC, a Florida limited liability company
Certain real property owned by 104 E Main,LLC, a Florida limited liability company, located in Gallatin
County,Montana,more particularly described as follows (the"104 E Main Propert
Parcel 1:
Twenty-five (25) feet off the West side of Lot No. One (1) and extending South from
Main Street one hundred and forty (140) feet in Block `B" of the principal plat of the
town(now city)of Bozeman.
Beginning at a point on the North end line on the Southerly side of Main Street, of Lot 1,
Block `B" in the original town site of the town, now City, of Bozeman, 25 feet East of
Drainage Easement Agreement
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the Northwest corner of said lot, thence South on a line parallel with the East line of said
lot to the South end line of said lot, thence East along said South end line 1.2 feet,thence
North on a line parallel with the East line of said lot 52.9 feet; thence West on a line
parallel with the North end line of said lot 1 foot; thence North on a line parallel with the
East line of said lot to the North line thereof; thence West .2 feet to the place of
beginning.
All that portion of lots One(1) and Two(2) in Block`B"of the original plat of Bozeman
City, Montana, included within the following metes and bounds, to-wit: Commending at
a point on the North line of said Lot One (1), which point is 25.2 feet East of the
Northwest corner of said Lot One, and running thence South parallel with the East line of
said Lot One, a distance of 87.1 feet, more or less, to a point which is 52.9 feet North of
the South end line of said Lot One; thence East parallel with the South line of said Lot
One, a distance of 1 foot; thence South parallel with the said East line of said Lot One a
distance of 52.9 feet to the South line of said lot One; thence East along the South line of
said Lots One and Two a distance of 27.53-1/3 feet; thence North parallel with the East
line of said Lot Two; a distance of 140 feet, more or less, to the North line of said Lot
Two; thence West along the North line of said Lots Two and One, which line is on the
South line of Main Street a distance of 28.53-1/3 feet,to the place of beginning.
All that part of Lots 2 and 3, Block`B" of the Original Townsite of Bozeman, Montana,
according to the official plat thereof on file and of record in the office of the County
Clerk and Recorder of Gallatin County, Montana, beginning at a point in the North line
of said Lots 2, 6.26 2/3 feet West of the Northeast corner thereof; thence East along the
North line 32.26 2/3 feet; thence South and parallel to the East line of Lot 3 a distance of
133 feet to a point 7 feet North of the South line of said Lot 3; thence West and parallel to
the South line of Lots 3 and 2 a distance of 32.62 2/3 feet; thence North and parallel with
the East line of said Lot 2 a distance of 133 feet to the point of beginning.
Commencing at a point 1'h feet West of the Northeast corner of Lot 4 of Block`B"of the
Townsite of Bozeman, Montana, thence West 32% feet; thence South 140 feet; thence
East 32%2 feet; thence North 140 feet to the place of beginning.
Lots 13, 14 and 15 in Block `B" of the Original Townsite of Bozeman, Montana, also
that certain strip of land about 22 feet in width North and South extending the entire
length East and West along the South ends of said Lots 13, 14, and 15 in said Block`B",
the same being a strip of land lying between the South ends of said lots and the North line
of Babcock Street, in said City of Bozeman, according to the official plat thereof on file
and of record in the office of the County Clerk and Recorder, Gallatin County,Montana.
All of Lots 16, 17, 18, 19 and 20 in Block `B" of the Original Townsite of Bozeman,
Montana, according to the official plat thereof on file and of record in the office of the
County Clerk and Recorder, Gallatin County, Montana, EXCEPTING the North 7 feet of
said Lots 16 through 20. Also,that certain strip of land, about 22 feet in width,North and
South extending the entire length, East and West, along the South the South ends of said
Lots 16 through 20, in said Block`B", the same being a strip of land about 22 feet wide
and 150 feet lying between the South ends of said lots and the North line of Babcock
Street, in said City. [Deed Reference: Doe. No. 2722168 for Parcels I-III of the 104 E
Main Property; Also Reference COS C-1-V for Parcels 1-111 of the 104 E Main Property]
Parcel H:
Drainage Easement Agreement
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The North 7 feet of Lots 16 through 20 in Block"B" of the original townsite of Bozeman,
Montana, according to the official plat thereof on file and of record in the office of the
County Clerk and Recorder of Gallatin County, Montana. [Deed Reference: Doc. No.
2722168 for Parcels I-III of the 104 E Main Property; Also Reference COS C-1-V for
Parcels I-III of the 104 E Main Property]
Parcel III:
The North 7 feet of Lots, Thirteen (13), Fourteen (14) and Fifteen (15) in Block "B" of
the original townsite of Bozeman, Montana, according to the official plat thereof on file
and of record in the office of the County Clerk and Recorder of Gallatin County,
Montana. [Deed Reference: Doc. No. 2722168 for Parcels I-III of the 104 E Main
Property; Also Reference COS C-1-V for Parcels I-III of the 104 E Main Property]
Parcel IV:
That portion of Deed Parcel I-D more particularly described as a 228 square foot parcel
beginning at a point on the south line of Lot 2 in said Block B, said point being 6.27 feet
west of the east line of said lot; thence North 00°35'36" West, parallel to and 6.27'
westerly at right angles from the east line of Lot 2, a distance of 7.00 feet; thence North
89°22'14" East, parallel to and 7.00 feet northerly at right angles from the south line of
Lots 2 and 3, a distance of 32.62 feet; thence South 00°35'40" East, parallel to and 4.00
feet westerly at right angles from the east line of Lot 3, a distance of 7.00 feet; thence
South 89°22'14" West, on the south line of said Lots 2 and 3, a distance of 32.62 feet to
the Point of Beginning.
Also as depicted as the southerly approximate 7.00 feet of Deed Parcel I-D on Certificate
of Survey No. C-1-V, on file and of record in the Office of Clerk and Recorder of
Gallatin County, Montana. [Deed Reference: Doc. No. 2794627; Also Reference the
Exception depicted and described on COS C-1-V for this Parcel IV]
Drainage Easement Agreement
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EXHIBIT B
Easement Area
(see attached)
Drainage Easement Agreement
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EXHIBIT -B—
STORM DRAINAGE EASEMENT
ACROSS PORTIONS OF LOTS 1-7&14-201N BLOCK B OF THE BOZEMAN CITY PLAT
LOCATED IN THE NW 114 OF SECTION 7,T2S,R6E,PMM,GALLATIN COUNTY,MONTANA
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