Loading...
HomeMy WebLinkAboutSnow removal easement signed-061621 Alter Recording, Return To: RB53, LLC 510 W. Hemlock Bozeman,MT 59715 SNOW STORAGE EASEMENT AGREEMENT THIS SNOW STORAGE EASEMENT AGREEM.ENI' ("Agreement") is entered into etfe'dive ILLS of ��ll, g, 160 , 2021 by and between Mike Acuff ("Acuff" or "Grantor") of 407 Ryan Drive, Bozeman, MT 59715 and RB53,LLC,("RB53"or "Grantee") a Montana limitedd liability company of 510 W. hemlock, Bozeman, MT.59715. WHEREAS, Acuff'owns real estate commonly referred to as 341 Gallatin Park Drive, Bozeman, Montana and legally described as follows: Lot 5 in Block I of Gallatin Park Subdivision, locatedd in the NE1/4 and SEl/4 of Section 36, Township 1 South, Range 5 East, P.M.M., Gallatin County, Montana, according to the official plat thercx)f on file and of record in the office of the Clerk and Recorder,Gallatin County,Montana. I'Deed Reference: 2416223] ("Acuff c Property"or "Servient Estate") WHEREAS, RB53 owns real estate commonly referred to as 325 Gallatin Park Drive, Bozeman,Montana and legally described as.follows: L.ot 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. Refcrenw:2700423] ("R853 Property"or "DominantFi-stwle") WHEREAS, RB53 desires to obtain from Acuff, and Acuff agrees to grant to RB53, a Permanent snow storage easement over and across Acuirs Property within the Snow Storage Easement Area(defined.below)according to the terms and conditions set forth herein. NOW THEREFORE_., for One Dollar and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties agree as fbIlows: Snow Storage Easement Agreement—Page 1 1. Aculf hereby grants and conveys to RB53 a non-exclusive easement (the "Easement'), over, upon and across that portion of Acufrs Property as it borders R1353's Property and as further detailed and described on Exhibit A attached hereto (the "Snow Storage Catiement Area") for the storage of snow and access to and maintenance of the same. As part of this Easement, Grantee shall be allowed to deposit and store snow from its property within the Snow Storage Easement Arm on Acutr%Property. Acuff hereby grants RB53 access to and from Acufrs Property within the Snow Storage Easement Area as may be reasonably necessary to push, blow, shovel,or otherwise deposit the snow from RB53's Property within the Snow Storage Easement.Area. While utilizing Easement, Grtmtoc shall cause*Ls little damage as possible to the Servient Estate, and shall promptly repair any damage caused by its use of the Snow Storage Easement Area and shall remove any garbage or debris that may be left when the snow melts. 2. Said Easement granted from Acuff to RB53 is non-exclusive and the Snow Storage Easement Area may be used by Acuff'so long w% said use is not adverse to RB53's use of the Snow Storage Easement Area. Notwithstanding anything to the contrary herein, Grantor retains the right to utilize that portion of the Servient Estate which is subject to this Easement for all purlx)sc s as do not have an adverse effext on Grantee's ability to access acid store snow within the Snow Storage Easement Area. 3. The Easement shall be perpetual and shall nm with the land, fir the benefit of RB53 and its agents, successors and assig is,subject to the terms and conditions set firth herein. 4. The scope of the Easement shall be for access, to and from and the use of the Snow Storage Area for snow storage quid uses incidental thereto. The Grantee:may develop and further subdivide its property and such development and/or subdivision shall not. be considered an overburdening ofthe E.-i.scment. 5. In the event of a dispute over this Easement Agreement, the parties agree that the prevailing party in any legal proceeding to enforce;or interpret this Easement Agreement shall be entitled to rexmivcr the exists of such lawsuit, including reasonable attorney's few, from the other Ply 6. Time is of the essence with respect to the provisions of this Agreement. 7. This Agreement shall in all respect% be interpreted, construed and enforced according to the laws of the State of Montana. If any term of this liasenient Agreement is found to he void or invalid, such invalidity shall not affect the remaining terms of this Easement Agreement, which shall continue in lull lorc a and effect. This Easement Agreement may be executed in one or more counterparts, which taken together shall constitute one and the same document. 8. Whenever required by the context of this Agreement, any singular reference shall include the plural reference:, and any plural reference shall include the singular. Show Storage Easement Agreement—Page 2 9. Nothing comtained in this Agreement shall or shall be domed to umstitute a gift or dedication of any portion of the Snow Storage Easement Area to the general public, for the benefit of the general public, or to any public purpose whatsoever, it being the intention of the parties hereto that the easement created hereunder shall be strictly limited to and for 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 Agreement or of any of the rights and privileges conferred herein. 10. Such Easement is and shall be deemed to be a covenant running with the land and shall be binding upon the particq hereto and upon their successors anti assigns. Any modification or amendment shall be etTective only when duly executed, acknowledgred and filed in the Proper office of the Clerk and Rccorder of Gallatin County, Montana. 11. The failure of either party to take action with respect to any breach of any teen, cxwenant,or condition contained d in this Easement Agreement shall not be deemed to be a waiver of such term, 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. 12. 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 Servicnt Estate consent to the granting of this Easement and subordinate the rights to the 13tcscxnent. Grantor represents and warrants that the granting of this Hasement does not cemstitute an event of default under any mortgage,Deed of Trust,or any other lien affecting the Servient Estate. [The Remainder of This Page Intentionally Left Blank; Signature Page Follows.] .Snow Storage Basement Agreement— 'age 3 Dated this .( day of 2021. RB53,LLC a Montana Limited Liability Company By: �c�c•—J - Donald W. Olsson, Member By: �! r vans,Member State of Montana ) ss County of Cralfatin } On the day of JU rye, , 2021,before me,a Notary Public for the State or Montana,personally appeared Donald W. 4lsson and Jon Evans, who acknowledged to me that they are the Members of RB53, U,C and that they,in such capacity, being authorized to do so, executed d the foregoing instrument for the purposes therein exmtaine d pursuant to the authority vested in their. In (fitness Whereof, I have;set my hand and official seal. (SEAL) _ HEATHER DEISS Notary Public for the State of Montana SF'PHEp OF'rJ' Notary Public for the Residing at rad& - Notarial * State of Montana My Commission Aires' h l l `ZQZi Seal Residing at BELGRADE,MT �r _�eP My Commission Expires 9�OF M�"P September 11,2021 Snow,Storage Easement Agrec anent-Page 4 Dated this 1jetday of_,3A DC, 2021. -bz" 16 Mike Acuff State of Montana ) . ss County of Gallatin ) On this ► I i t day of , 2021,before me, a Notary Public for the State of Montana,personally appeared MIKE ACU1'F,known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF,1have hereunto set my hand and affixed my Notarial Seal,the day and year first above written. (SEAL) 4&9�L S5 tlER HEATHER DEISS Notary Public for the State oft Mont E Iaanaa�p' l I ® p s``P FSs Notary Public for the Rc,siding at W Notarial State of Montana M Commission ices Seal Residing at BELGRADE,MT y p ys, p My Commission Expires ° �oF September 11,2021 Snow Storage Easement Agrc cement—Page 5 Exumfr A .Snow Stowage Easement Agreement--Page 6 !I ¥ u 2 )2 w w \) m m < LU )§ L in § w OD w 0 Q ( U) U) R LU 0 (§ L / & Lo w �� I \ 00 , § V k £ }/ & ^ 9k - z nk _jR LLD 04 RR « k q 3 CO zq -- k CO) g ® ) , 2 2 I � fg # ® 0 3 Q Luf / co R � /§ LU K 0/ 4 CO W _## EOM F. A U k \ 2 / e§ /4 ® wo4w ® oQ= q % $ z , -§§ // k e22 /\§\/ k ® e �) � 0 %I / 2§0 &0 Q =o EI % 2 ®/� § z 2\/ 0 u c>g-_ \§ \z zw � \ q3§ %i /\ � 2w § §� N4&7m' f\ �/ \ GALLATN PARK DRIVE �j/ �