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HomeMy WebLinkAboutExisting Mutual Access Easement Inst. #2208318 AGREEMENT AND GRANT OF EASEMENTS FOR SADDLE PEAK OFFICE PARK LOTS 27,28,AND 29 STONERIDGE SUBDIVISION PHASE 2B BOZEMAN,MONTANA II�I1IIIIII �IIIIlllil IIIIIIII III�IIIIIIIIlf�lI1IIIIlI 2208318. P Shallay Vanoo-Gallatin Co MT M1SC 118.00 CROSS PARKING AGREEMENT AND EASEMENTS SADDLE PEAK OFFICE PARK LOTS 27,28,AND 29 STONERIDGE SUBDIVISION PHASE 2B THIS GRANT OF EASEMENTS ("Agreement") is made as of the day of2005,by > --------------------------------- 1. PRELIMINARY 1.1. Definitions. 1.1. "Driveway": Shall mean those driveways and related driveway improvements,paving,curbing,entrances and exits, in the location on the Parcels as shown on the Site Plans attached hereto as Exhibit B and Exhibit B-1. 1.2. "Lienholder": Any mortgagee under a mortgage or a trustee or beneficiary under a deed of trust constituting a lien on any Parcel. 1.3. "Owner": The record holder of fee simple title to a Parcel, its heirs, personal representatives, successors and assigns. 1.4. "Parcel": The Parcels as shown on Exhibits B and B-1 attached hereto and incorporated herein by this reference. Parcels may be reconfigured from time to time by the owners thereof. 1.5 'Person": Any individual, limited liability company, partnership, firm, association, corporation, trust, governmental agency, administrative tribunal or any other form of business or legal entity. 1.6 . "Service Facilities": If any of the following exist, loading docks, trash container enclosures, recycling facilities, HVAC systems, exterior coolers, electrical and refrigeration facilities, and other similar facilities. 2. INDEMNIFICATION 2.1. Indemnification. Each Owner hereby agrees to indemnify, defend and hold harmless the other Owners and occupants from and against any and all liability, claims, damages, expenses Page: 2 of 2208318 Shelley Vanoe—Gallatin Co MT RISC 118.00 (including reasonable attorney's fees including on any appeal),judgments, proceedings and causes of action, for injury to or death of any Person or damage to or destruction of any property occurring in or on the interior or exterior of any building and sidewalk(s) constructed on the indemnifying Owner's Parcel, unless caused by the negligent act or willful misconduct of the indemnified Person, its tenants, subtenants, agents,contractors or employees. 3. EASEMENTS 3.1. Ingress, Egress and Parking. Each Owner, as grantor, hereby grants to the other Owners, their respective tenants, contractors, employees, agents, customers, licensees and invitees, and the subtenants, contractors, employees, agents, customers, licensees and invitees of such tenants, for the benefit of each Parcel belonging to the other Owners, as grantees, a nonexclusive easement for ingress and egress by vehicular and pedestrian traffic and vehicular parking upon, over and across that portion of the Parking Area located on each Parcel. Exceptions: 1. Those areas devoted to Service Facilities or drive-up or drive-through customer service facilities. 2. Employees must park on their employer's Parcel or in an area designated pursuant to this agreement_ 3.2 Each Owner agrees to grant such additional easements as are reasonably required by any public or private utility for the purpose of providing the utility lines and facilities described herein provided such easements are not otherwise inconsistent with this Agreement. 3.3 Fire and Emergency Access. Each Owner, as grantor, hereby grants to the other Owners, for the benefit of each Parcel belonging to the other Owners, as grantees, a nonexclusive easement for fire protection and emergency access for pedestrian and vehicular access, ingress and egress over, across, on and through the Parcels for the benefit of the Owners consistent with providing the Properties with such fire and emergency access as is required by law. 3.4 Employee Parking. Anything in this Agreement to the contrary notwithstanding, areas to be used for motor vehicle parking by employees of occupants of the either property may be designated from time to time with the prior written consent of the Consenting Owners. Employees of occupants of any the Properties must park on their employer's Parcel unless otherwise designated by the Consenting Owners 4. DRIVEWAYS 4.1. The Driveways shall in no event be blocked, closed, altered, changed or removed and shall at all times remain in place as shown on Exhibit B and B-1, except as otherwise provided herein. l llllll Il11!11!!!lll!!I 11l11 Ill llllllll Ill 220� 418 IlII!Illl1!!1 11/04/2005 01.27P Shelley Vance-Gallatin Cc MT MISC 110.00 5.0 GENERAL PROVISIONS 5.1. Agreement Shall Run With The Land. Each easement on each Parcel shall be a burden on that Parcel, shall be appurtenant to and for the benefit of the other Parcels and each part thereof and shall run with the land. Each and all of the easements and rights granted or created herein are appurtenances to the affected portions of the Properties and none of the easements and rights may be transferred,assigned or encumbered except as an appurtenance to such portions. 5.2. Successors and Assigns. This Agreement and the restrictions covenants, obligations, and easements created hereby shall inure to the benefit of and be binding upon the Owners, their heirs, personal representatives, successors and assigns, and upon any Person acquiring a Parcel, or any portion thereof, or any interest therein, whether by operation of law or otherwise; provided, however, that if any Owner sells all or any portion of its interest in any Parcel, such Owner shall thereupon be released and discharged from any and all obligations as Owner in connection with the property sold by it arising under this Agreement after the sale and conveyance of title but shall remain liable for all obligations arising under this Agreement prior to the sale and conveyance of title. The new Owner of any such Parcel or any portion thereof(including, without limitation, any Owner who acquires its interest by foreclosure, trustee's sale or otherwise) shall be liable for all obligations arising under this Agreement with respect to such Parcel or portion thereof after the date of sale and conveyance of title. 5.3. Duration. Except as otherwise provided herein, the term of this Agreement shall be for sixty-five (65)years from the date hereof. Notwithstanding the termination of the Agreement: 5.3.1. The easements for ingress and egress in this Agreement shall survive the expiration of this Agreement and be perpetual and run with the land forever; and 6.0 MODIFICATIONS AND TERMINATION 6.1. Modification and Termination. This Agreement may not be modified in any respect whatsoever, or terminated, in whole or in part, except by the written approval of the Consenting Owners and then only by written instrument duly executed and acknowledged by a ALL of the Consenting Owners and recorded in the office of the recorder of the county in which the Properties are located. No modification or termination of this Agreement shall affect the rights of any previously existing Lienholder unless the Lienholder consents in writing to the modification or termination. 6.2. Method of Approval. Approval or consent of the Consenting Owners (unless otherwise stated herein) shall mean the written approval or consent all of the Consenting Owners. IIII1IIIlil page: 4 2208f 4 SP Iliilllllllilllii llili111111 Ill IIIIIIiI III Il ShaLlay Vance-Gallatin Cc MT MISC 115.00 6.3. Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or dedication of any portion of properties to the general public or for the general public or for any public purpose whatsoever, it being the intention that this Agreement shall be strictly limited to and for the purposes herein expressed. 6.4. Breach Shall Not Permit Termination. It is expressly agreed that no breach of this Agreement shall entitle any Owner to terminate this Agreement,but such limitation shall not affect in any manner any other rights or remedies which such Owner may have hereunder by reason of any breach of this Agreement. Any breach of this Agreement shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith for value, but this Agreement shall be binding upon and be effective against any Owner whose title is acquired by foreclosure, trustee's sale or otherwise. 6.5. Default. A Person shall be deemed to be in default of this Agreement only upon the expiration of thirty (30) days (ten (10) days in the event of failure to pay money) from receipt of written notice from any Owner specifying the particulars in which such Person has failed to perform the obligations of this Agreement,unless such Person,prior to the expiration of said thirty (30) days(ten (10) days in the event of failure to pay money), has rectified the particulars specified in said notice of default. However, such Person shall not be deemed to be in default if such failure (except a failure to pay money) cannot be rectified within said thirty(30) day period provided such Person commences to rectify such particulars within said thirty (30) day period and thereafter diligently proceeds to rectify such particulars using good faith and its best efforts. 7.0 ADDITIONAL NOTICE AND LEGAL PROVISIONS 7.1. All notices permitted or required to be given pursuant to this Agreement shall be in writing and shall be given by personal delivery, by United States mail or by United States express mail or other established express delivery service (such as Federal Express), postage or delivery charge prepaid, return receipt requested, addressed to the Person and address designated below or, in the absence of such designation, to the Person and address shown on the then current real property tax rolls of the county in which the Properties are located The Person and address to which notices are to be given may be changed at any time by any Owner upon written notice to the other Owners. All notices given pursuant to this Agreement shall be deemed given upon receipt. 7.2. For the purpose of this Agreement, the term "receipt" shall mean the earlier of any of the following: (1) the date of delivery of the notice or other document to the address specified pursuant to Section 6 above as shown on the return receipt, (ii) the date of actual receipt of the notice or other document by the Person or entity specified pursuant to Section 6 above, or (iii) in the case of refusal to accept delivery or inability to deliver the notice or other document,the earlier of(a) the date of the attempted delivery or refusal to accept delivery, (b) the date of the postmark on the return receipt, or© the date of receipt of notice of refusal or notice of non-delivery by the sending party. I��III lIII�III�I NII�I II�II II!IIIIIIII III Illlf llll IIII 22@83 4 Shelley Vanoa-Gallatin co MT MISC 118.00 7.3. Waiver. The failure of a Person to insist upon strict performance of any of the obligations or Restrictions contained herein shall not be deemed a waiver of any rights or remedies that said Person may have, and shall not be deemed a waiver of any subsequent breach or default in the performance of any of the obligations or Restrictions contained herein by the same or any other Person. 7.4. Attorney's Fees. In the event of any controversy, claim or action being filed or instituted to enforce or interpret any of the terms of this Agreement, the prevailing party will be entitled to receive from the other party all costs, damages, and expenses, including reasonable attorneys' fees(including on any appeal or in bankruptcy), incurred by the prevailing party, whether or not such controversy or claim is litigated or prosecuted to judgment. The prevailing party will be that party who was awarded judgment as a result of trial or arbitration,or who receives a payment of money from the other party in settlement of claims asserted by that party. 7.5. Severability. If any term or provision of this Agreement or the application of it to any Person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Agreement or the application of such term or provision to persons or circumstances, other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and shall be enforced to the extent permitted by law. 7.6. Not a Partnership. The provisions of this Agreement are not intended to create, nor shall they be in any way interpreted or construed to create, a joint venture, partnership, or any other similar relationship between the Owners. 7.7. Third Party Benefici Rights. This Agreement is not intended to create, nor shall it be in any way interpreted or construed to create, any third party beneficiary rights in any Person, except as to an Owner or unless otherwise expressly provided herein. 7.8. Estoppel Certificate. Each Owner shall, upon written request of any other Owner, issue to a prospective mortgagee or successor of such other Owner or to such other Owner, an estoppel certificate stating to the best of the issuer's knowledge that as of such date: (i) Whether the Owner to whom the request has been directed knows of any default by the requesting Owner under this Agreement, and if there are known defaults, specifying the nature thereof; and (ii)Whether this Agreement has been assigned, modified or amended in any way by the requested Owner(and if it has,then stating the nature thereof); and (iii)Whether this Agreement is in full force and effect. Such statement shall act as a waiver of any claim by the Owner furnishing it to the extent such claim is based upon facts contrary to those asserted in the statement and to the extent the claim is asserted against a bona fide encumbrancer or purchaser for value without knowledge of facts to the contrary of those contained in the statement and who has acted in reasonable reliance 111111111111111111111111111111111111111111111111111111 22@8f 14 Shelley Vance-Gallatin Co MT MISC 118.00 upon the statement; however, such statement shall in no event subject the Owner furnishing it to any liability whatsoever, notwithstanding the negligent or otherwise inadvertent failure of such Owner to disclose correct and/or relevant information. 7.9. Joint and Several Obligations. In the event any Owner is composed of more than one Person,the obligations of said Owner shall be joint and several. 7.10. Exhibits and Recitals. The Recitals above and the Exhibits attached are incorporated herein and made a part hereof to the full extent as if each were set forth in its entirety in the body hereof. 7.11. Recording. This Agreement shall be recorded in the office of the recorder of the county in which the Properties are located. EXECUTED as of the day and year first above written. i By: Owner By: `�--- Nl a A. Owner By: Owner By: &L., a i-- , Owner By: Owner (IIIII IIIII IIIII III �I II�II�I IIIIIII I I I�III(III(III 2208f 14 Shelley Vance-Gallatin Cc M7 MISC 118.00 By: Owner 2208318 �ti1�11111�111111 ll�lttill�I��I p.90a 0, m4:z7a tilll�tilll�lll 1lllltitlll`ll ,tB.mm Shelley Vance-Gallatin Cc MT MISC STATE OF MONTANA County of Gallatin On this 4th day of November,2005, before me a Notary Public in and for the State of Montana,personally appeared Dennis Balian and Joni Balian known or identified to me to the Owners, and who subscribed said names to the foregoing instrument, and acknowledged to me that they executed the same in said company name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the Day and year first above written. Notary Public for th tate of Montana Residing at: Q � My commission pires: NNE866bi � 11111111111111111111111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII! zz f 14 Shelley Vamm-Gallatin Cc MT MISC 118.00 STATE OF MONTANA ) ss. County of Gallatin ) On this 2 ^, day of •� ��'' , 2005, before me a Notary Public in and for the State of ont p rsonally appeared and "d l '0 Irr known or identified to me to the Owners, and who subscribed said names to the foregoing instrument, and acknowledged to me that they executed the same in said company name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. �J � - .••(/ Gam_ ;��- N p Tq R�q = Notary Public f the State of Moidana Residing at: Yl My commission expires: dud Qk'ltNl� i Illl�i ill�l I�III�I�III III�I ��IIIIIII!III IIIIII III III! 22083127P Shallay Vance-dallalln Co MT MISC 118.00 EXHIBIT A LEGAL DESCRIPTION OF PARCELS Lots 27, 28,and 29, StoneRidge Subdivision,Phase 2B (see attached Plat) 2208318 11lllll 111II IIIII Illl Sh@116y Co MT MISC 119,00 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 2202 of �L I i r pli M li I i gig �+ i PI s;N e fl- i I � I �ae goo 22 ti[n mv--i m y=C= j Gig q �r�mm Z r I 9r� 4 9iN muz mn y Z D ZO I S zoo inoyZ I � i c c n O z=m,n I j v...grs i mm�m ` if ff..f f ,} _. fn r �I A STONERIDGE BUSINESS PARK SPRINGER GROUP,P.C. LOT 29 Y AACIIITECl9 L.FND USF ILAN�E0.5 '= BUILDING'A'&'B' STONERIDGE SUBDIVISION MAJOR SUBDIVISION PHASE 2B LOT 29-1031 STONERIDGE DR. BOZEMAN,MONTANA "'s "01P1Ei III I IIIII III I II IIIII III II IIIII III IIIIII I III 2208318P Shell.Y Vane-Callan,C.MT MISC 118.00 I I I 1 I � _ I I - I I •"-"-- � REI ^"NM nNNaai pir7p l4Sger reccmrr _ Y o�—I I is it E c _j— o I g op ----._--I 1 gi � i 1 a SE I �,� i Nr --------------- v c. � ,; 5■j5'�) wv w.irl'mna9As� � Ak -cA� 8 , Y� 9 &� ba �q�7 rOMr•.�r13'il�� ��A� S� �q�q I § I 1N3N3EY3/111Lf1 Al �9 1N3N35V3 Alllll 1 r ARWA{tar ______-- STONERIDGE BUSINESS PARK SEE "'� �" b $ SPRINGER GROUP,P.C. Lors n&za b �RER1 m L,NN USE n NERS � w! STONERIDGE SUBDIVISION MAJOR SUBDIVISION PHASE 2B LOT 27-1143 STONERIDGE DR LOT 29-1091 STONERIDGE DR BOZEMAN,MONTANA III I III I III IIII III III I I II uI III II� 2208318P Sh.11W Va--G.11ttir CO MT NISC 119.00 �N¢J� fl ••• - ————— J I 1 1 MWb I %I 4 •aJ1'• A 1 1 . - .... tI 1 tl IiP 11 ''•try �� 1 ————————— � < 3 990 liu gill _ -- ----- a. ® � '• ..t: ;"\,..\. . :o's. � awexawwwe ... _— ___ �i iOC�� 11 I ,I � ���� �"'•"'."' It �Eey� p 11 il'WS lJ.^MRVi•r y A 1I 1 oil FOil pill I pa ! u 1 1 ri� a Me F STONERIDGE BUSINESS PARK n T SPRINGER LOT 29 4. GROUP,P.C. IRCH cls yr/ S BUILDING'A'&'B' wno user nrcens STONERIDGE SUBDIVISION MAJOR SUBDIVISION PHASE 2B M ,;,.t.=�'A s M LOT 29-1031 STONERIDGE DR. B07.P.MAN,MONTANA vea walmlalasxr