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HomeMy WebLinkAboutRefuse Enclosure Easement 052521 After Recording, Return To: RB53, I_,1_,C 510 W. Hemlock Bozeman, MT 59715 REFUSE ENCLOSURE EASEMENT THIS REFUSE; ENCLOSURE EASEMENT is entered into effective as of , 2021 by and between Mike Acuff("Acujj"or "Grantor") of 407 Ryan Drive, Bozeman, MT 59715 and RB53, LLC, ("RB53" or "Grantee") at Montana limited liability company of510 W. Hemlock,Bozeman, MT 59715. W11F,REAS, Acuff owns real estate commonly referred to as 341 Gallatin Park Drive, Bozeman,Montana and legally descrihed as follows: Lot 5 in Block I of Gallatin Park Subdivision, located in the N E 1 A and SE1A of Section 36, 'Township 1 South, Range 5 East, P.M.M., Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana. [Deed Reference: 24162231 ("A cuffs Property"or `:Servient Estate'] WIIERF,AS, IIB53 owns real estate commonly referred to as 325 Gallatin Park Drive, Bozeman, Montana and legally described as follows: Lot 4A, Block 1 of the Amended Plat of Lots 3 and 4 Block 1 of Gallatin Park Subdivision, City of Bozeman, Gallatin County, Montana according to the official plat thereof on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana. [Deed Reference: 2700423] ("RB53 Property"or "Dominant Estate') WHEREAS, RB53 desires to obtain from Acuff, and Acuff agrees to grant to RB53, a permanent refuse enclosure easement over and across AcufFs Property within the Refuse Easement Area(defined below)according to the terns and conditions set fi)rtb herein. NOW "I'liEREFORE, for One Dollar and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Refuse Enclosure Easement—Page 1 I. Acurr hereby grants and conveys to RB53 an casement (the "Easement"). over, upon and across that portion of Acutf's Property as further detailed and described on Exhibit A attache, hereto (the"Reface Easement Area") tier the placement ora trash enclosure and storage or trash containers liar trash, as well as access to and maintenance of the same. As part of this Easement,Grantee shall he allowed,to build at trash/refuse enclosure and place trash containers I.br trash within the Refuse Easement Area on Acutrs Property. Acuff hereby grants RB53 and its agents, assigns and contractors access to and from AcufT's Property within the Refuse Easement Area as may be reasonably necessary to build, repair, replace and maintain the trash enclosure, as well as to place containers and trash within the containers and for the removal/emptying of the trash containers. While utilizing the Easement, Grantee shell cause as little damage as possible to the Servient Estate, and shall promptly repair any damage causal by its use of the Refuse Easement Area and shall pickup and remove any garbage or debris that may fall out of the containers and/or trash enclosure. 2. The Easement shall be perpetual and shall run with the land, for the benefit of RB53 and its agents, successors and assigns, subject to the terms and conditions set forth herein. 3. The scope of the Easement shall be for access to and from and the use of the Refuse Easement Area for a trash enclosure, storage or trash containers, trash collection and trash removal and uses incidental thereto. The Grantee may develop and rurther subdivide its property and such development and/or subdivision shall not he considered an overburdening or the Easement. 4. In the event of a dispute over this Easement Agreement, the parties agree;that the prevailing party in any legal proceeding to crilbree or interpret this Easement Agreement shall be entitled to receiver the costs of such lawsuit, including reasonable attorney's Ices, from the other party. 5. This Agreement shall in all respects ,be inaterpretexl., construexl and enforced according to the laws of the State or Montana. If any term of this Easement Agreement. is fund to be void or invalid, such invalidity shall not affect the remaining terms or this Easement Agreement, which shill continue.in full fierce and effect. This Easement Agreement may be executed in one or more countc�arts, which taken together shall constitute one and the same document. G. Whenever required by the context of this Agreement, any singular reference shall include the plural reference, and any plural reference shall include the singular. 7. Nothing contained in this Agreement shall or shall be deemed to constitute a gift or dedication or any portion of the Refuse Easement Area to the general public, fi)r the benefit of the general public, or ibr any public purpose whatsoever, it being the intention or the parties hereto that. the casement created hereunder shall be strictly limited, to and fir the purposes expressed herein. The parties agree and acknowledge that, except as expressly set forth herein, there are no intended third-party beneficiaries of this Agreehnent or of any or the rights and privileges conf:crre d herein. Refuse Enclosure Easement—Page 2 8. Such Easement is and shall be(teemed to he a covenant running with the land and shall be binding upon the parties hereto and upon their successors and assigns. Any modification or amendment shall be etfcc:tive only when duly executed, acknowledged and filed in the office of the Clerk and Recorder of Gallatin County,Montana. 9. The failure of either party to take action with respect to any breach of any term, covenant, or condition contained in this Easement Agreement shall not be deemed to he a waiver of such tern, covenant, or condition or subsequent breach of the same, or any other term, covenant, or condition contained in this Easement Agreement, unless such waiver is in writing and signed by the parties. 10. Grantor hereby warrants and represents to Grantee that the holders of all recorded, pre-existing mortgages, Deeds of Trust and any other lien affecting the Servient Estate consent to the granting of this Easement and subordinate the rights to the Easement. Grantor represents and warrants that the granting of this Easement sloes not constitute an event of default under any mortgage, Dead of-Trust, or any other lien atTe;ting the Servient Estate. The Remainder�of This Page Intentionally Left Blank; Signature Pale Follows.) Refuse Enclosure Easement—Page 3 Dated this day of , 2021. R1353, LI,C a Montana Limited Liability Company By: Donald W. Olsson, Member By: Jon Evans, Member State of Montana ) ss County of Gallatin ) On the day of , 2021 before me, a Notary Public lirr the State of Montana, personally appeared Donald W. Olsson and Jon Evans, who acknowledg(A to me that they are the Members of RB53, LLC and that they, in such capacity, being authorized to do so, executed the foregoing instrument tier the purposes therein Contained pursuant to the authority vested in them. In Witness Whereof, I have set my hand and official seal. (SEAL) Notary Public for the State of Montana Residing at My Commission expires: &ficve findosure Easement—Page 4 Dated this, day of 2021. Mike Acuff State of Montana ) ss County of Gallatin ) On this day of , 2021, before me, a Notary Public Ibr the State of Montana,personally appeared M IKE AC UFF, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. 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