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HomeMy WebLinkAboutMutual Emergency Access EasementOriginal to: City of Bozeman City Clerk PO Box 1230 Bozeman, MT 59771-1230 Project Number 26128 MUTUAL EMERGENCY ACCESS EASEMENT AGREEMENT This Mutual Emergency Access Easement and Agreement (this “Agreement”) is made and entered into effective this ______ day of ______________________, 2026 (the “Effective Date”), by and between Double Sundog, LLC (“DSL”) and Haggerty Infill LLC (“HIL”). DSL and HIL are referred to collectively herein as the “Parties” and each individually as a “Party.” RECITALS WHEREAS, DSL is the record owner of that certain real property (the “Property”) commonly known and numbered as Units A and B of 333 Haggerty Lane, Bozeman, MT 59715, with Units A and B being all of the units of the Property, which is organized as a commercial condominium development; WHEREAS, HIL is the record owner of that certain real property commonly known and numbered as 219 Haggerty Lane, Bozeman, MT 59715 (the “Adjacent Property”); WHEREAS, the Property and the Adjacent Property are adjoining or neighboring parcels, and the Parties desire to assure reliable emergency access to and from each parcel for the protection of persons and property; WHEREAS, DSL and HIL each desire to grant to the other, and in turn to accept, a mutual easement providing emergency-only access to the Property and the Adjacent Property, subject to the terms and conditions set forth herein (the “Easement”); and WHEREAS, the Parties intend that this Agreement create a valid, perpetual easement that runs with the land and binds and benefits their respective successors and assigns. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements contained herein, the mutual benefits to be derived by each Party, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: AGREEMENT 1. Grant of Easement. For and in consideration of the mutual covenants and benefits described above, DSL does hereby grant, bargain, sell, convey, and confirm unto HIL, and HIL does hereby grant, bargain, sell, convey, and confirm unto DSL, and each Party unto the other and to the other’s successors and assigns, a perpetual, non-exclusive easement and right-of-way for emergency access, ingress, and egress over, across, upon, and through the Easement areas of the Property and the Adjacent Property, respectively, as more particularly described and depicted on Exhibits A and B attached hereto and incorporated herein by reference. Each Party, as grantor, hereby grants the foregoing easement to the other Party, as grantee, and each Party, as grantee, hereby accepts such grant. TO HAVE AND TO HOLD said Easement, together with all rights and privileges appurtenant thereto, unto the Parties and their respective successors and assigns forever. 2. Description of Easement. The exact dimensions and location of the Easement, as it burdens and benefits each of the Property and the Adjacent Property, are set forth and depicted on Exhibits A and B attached hereto and incorporated herein by this reference. In the event of any conflict between the descriptions and the depictions, the legal descriptions shall control. The Exhibits are intended to be attached to and recorded with this Agreement. 3. Permitted Use. The Easement shall be permanent in nature and shall be used for the sole and exclusive purpose of emergency vehicle access, ingress, and egress and for the related provision of emergency services. Access to and use of the Easement shall be limited exclusively to emergency personnel, including, without limitation, fire, emergency medical services (EMS), and law enforcement personnel. The Easement shall remain gated and locked at all times so as to prohibit general, non-emergency vehicular and pedestrian access, and shall be accessible only by means of a Knox box or equivalent device accessible to emergency personnel. No Party shall use, or permit the use of, the Easement for any purpose other than emergency access as set forth herein. 4. Maintenance and Related Obligations. The Easement and the Easement areas shall be kept and maintained free and clear at all times of all obstructions, encumbrances, and hazards that would impair emergency access. Except as expressly provided below with respect to initial construction, the Parties shall share equally the ongoing maintenance, repair, and replacement of the Easement areas, together with any related street approach and public sidewalk serving the Easement, so as to keep the same in good condition and repair and suitable for emergency access. Notwithstanding the foregoing, the initial construction and improvement of the Easement areas shall be performed and paid for solely by HIL, as the owner of the Adjacent Property (the “Adjacent Owner”). Such initial construction shall include, without limitation, the re-paving of DSL’s existing parking lot and the re- paving and improvement of the Easement area, all to a condition suitable for emergency vehicle access. From and after completion of such initial construction, all further maintenance, repair, and replacement obligations shall be shared equally by the Parties as provided above. 5. Emergency Access; Removal of Obstructions and Cost Recovery. In recognition of the nature and purpose of the Easement as emergency access, each Party shall have the right, at any time and without prior notice, to clear debris, remove snow, ice, vehicles, or other obstructions, and to otherwise take such actions as are reasonably necessary to render the Easement passable and accessible for emergency purposes, by any means reasonably necessary. Any Party that undertakes such action shall be entitled to reimbursement of the reasonable costs and expenses incurred in connection therewith. Such costs and expenses shall be shared equally by the Parties, and the Party or Parties not having incurred such costs shall pay their respective share to the incurring Party within thirty (30) days after written demand therefor. The rights set forth in this Section are in addition to, and shall not limit, waive, or excuse, each Party’s continuing obligation under Section 4 to keep the Easement and the Easement areas free and clear at all times. 6. Term; Termination. This Agreement and the Easement created hereby shall be perpetual and shall continue in full force and effect unless and until terminated by the mutual written consent of all Parties (or their respective successors and assigns) then holding record title to the Property and the Adjacent Property. No Party shall have the right to terminate, extinguish, relocate, or materially alter the Easement unilaterally. Any termination shall be effective only upon a written instrument executed and acknowledged by all such Parties and recorded in the real property records of Gallatin County, Montana. 7. Indemnity. Each Party (the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party, and its members, managers, officers, employees, agents, successors, and assigns (collectively, the “Indemnified Parties”), from and against any and all claims, demands, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from the Indemnifying Party’s actions or inactions regarding the Easement, including a breach of this Agreement, except to the extent caused by the negligence or willful misconduct of an Indemnified Party. This indemnity shall survive the termination of this Agreement with respect to matters arising prior to such termination. 8. Authority. Each Party represents and warrants to the other that: (a) it is duly organized, validly existing, and in good standing under the laws of the State of Montana; (b) it has full right, power, and authority to enter into this Agreement and to grant the Easement described herein; (c) it holds record title to the applicable parcel of real property as previously set forth above; and (d) the person executing this Agreement on its behalf is duly authorized to do so. Each Party shall execute and deliver such further instruments and take such further actions as may be reasonably necessary to carry out the intent and purposes of this Agreement. 9. Governing Law. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Montana, without regard to its conflict-of-laws principles. Venue for any action arising out of or relating to this Agreement shall lie exclusively in the courts of competent jurisdiction located in Gallatin County, Montana. 10. Covenants Running with the Land; Binding Effect. The Easement, and all covenants, conditions, restrictions, and obligations set forth in this Agreement, are intended to and shall constitute covenants running with the land, shall be appurtenant to and binding upon the Property and the Adjacent Property, and shall inure to the benefit of and be binding upon the Parties and their respective successors and assigns and all persons claiming by, through, or under them. Upon conveyance of a Party’s parcel, the conveying Party shall be relieved of obligations accruing after the date of conveyance, and the grantee shall assume such obligations. 11. Amendment. This Agreement may be amended, modified, or supplemented only by a written instrument executed and acknowledged by all Parties (or their respective successors and assigns) then holding record title to the Property and the Adjacent Property, and recorded in the real property records of Gallatin County, Montana. 14. No Public Dedication. Nothing contained in this Agreement shall be deemed to be a gift or dedication of any portion of the Property or the Adjacent Property to the general public or for any public use or purpose whatsoever. The Easement is private and is limited to the Parties and to emergency personnel as expressly provided herein. 15. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be deemed modified to the least degree necessary to render it enforceable while preserving the Parties’ intent. 16. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. 17. Entire Agreement. This Agreement, together with the Exhibits attached hereto, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written. IN WITNESS WHEREOF, the Parties hereto have executed this Easement effective the date first above written. DOUBLE SUNDOG, LLC By: ________________________________ Name: Wendy Bianchini Morrison Its: Manager HAGGERTY INFILL LLC By: ________________________________ Name: Jackson Bruff Its: Manager DATED this _______ day of _______________________, 2026. STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this _______ day of _______________________, 2026, before me, the undersigned, a Notary Public for the State of Montana, personally appeared JACKSON BRUFF and WENDY MORRISON, known to me or proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) _________________________________________ (Printed Name Here) Notary Public for the State of Montana Residing at _______________________ My Commission Expires: ____________ EXHIBIT A 020 SCALE:1" = 40' 4020 EXHIBIT B EASEMENT - DESCRIPTION A 20 foot wide mutual access easement located within Lot 2A1 and Lot 2A2, Minor Subdivision 16-B, located in the SW1/4 of Section 8, Township 2 South, Range 6 East, P.M.M., City of Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana, lying ten feet on both sides of the following centerline: Commencing at the northwest corner of said Lot 2A1; thence S56°23'36"E, 44.01 feet to the Point of Beginning; thence along the centerline of the mutual access easement through the following six courses; 1) S32°54'39"W, 169.29 feet; 2) along a curve to the left, said curve having a radius of 25.00 feet and a chord that bears S16°49'45"E, 38.16 feet, thence along said curve 43.41 feet; 3) S66°34'10"E, 8.11 feet; 4) along a curve to the left, said curve having a radius of 61.12 feet and a chord that bears S82°38'01"E, 33.82 feet, thence along said curve 34.27 feet to a point of compound curvature; 5) along a curve to the left, said curve having a radius of 55.00 feet and a chord that bears N60°00'20"E, 39.95 feet, thence along said curve 40.89 feet; 6) N38°42'33"E, 135.22 feet to the northeasterly line of said Lot 2A2 and the terminus of this easement. The sidelines of said 20 foot easement to be extended or shortened to meet at the northeasterly lines of said Lot 2A1 and said Lot 2A2. Said easement containing 8,623 square feet, more or less.