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HomeMy WebLinkAbout026.2 SEWER AND ACCESS EASEMENT-pkg1 Sewer Pipeline and Access Easement SEWER PIPELINE AND ACCESS EASEMENT THIS SEWER PIPELINE AND ACCESS EASEMENT is entered into effective as of ___________________, 2022 by and between GALLATIN PARK OWNER’S ASSOCIATION, INC. (GRANTOR or “ASSOCIATION”) of Bozeman, MT and LONGSHOT EQUITY, LLC (GRANTEE or “LONGSHOT”), a Montana limited liability company of PO Box 10025, Bozeman, MT 59719. WHEREAS, ASSOCIATION owns real estate commonly referred to as Private Open Space “C” of the Gallatin Park Subdivision, Plat J-300, located in the East ½ of Section 36, Township 1 South, Range 5 East, P.M.M. City of Bozeman, Gallatin County, Montana according to the officiation survey thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. WHEREAS, LONGSHOT owns real estate commonly referred to as Lot 12, Block 2 of the Gallatin Park Subdivision, Plat J-300, located in the East ½ of Section 36, Township 1 South, Range 5 East, P.M.M. City of Bozeman, Gallatin County, Montana according to the officiation survey thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. WHEREAS, LONGSHOT desires to obtain from ASSOCIATION, a perpetual easement to lay, construct and maintain sewer pipelines with the usual services, connections, accessories and appurtenances for the purpose of transmitting wastewater in, through and across a 20’ wide strip of land owned by the ASSOCIATION as depicted in EXHIBIT A. NOW THEREFORE, for One Dollar and other and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. The ASSOCIATION hereby grants and conveys to LONGSHOT the above-described 20’ sewer pipeline and access easement, over, upon and across that portion of the ASSOCIATION’s property as further detailed and described on Exhibit A, attached hereto to lay, construct and maintain sewer pipelines with the usual services, connections, 2 Sewer Pipeline and Access Easement accessories and appurtenances for the purpose of transmitting wastewater. The ASSOCIATION hereby grants LONGSHOT and its agents, assigns and contractors access to and from ASSOCIATION property within the sewer pipeline easement as may be reasonably necessary to build, repair, replace and maintain the sewer pipeline. While utilizing the Easement, LONGSHOT shall cause as little damage as possible to the Servient Estate, and shall promptly repair any damage caused by its use of the Sewer Pipeline Easement Area. 2. The Easement shall be perpetual and shall run with the land, for the benefit of LONGSHOT and its agents, successors and assigns, subject to the terms and conditions set forth herein. 3. 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 recover the costs of such lawsuit, including reasonable attorney’s fees, from the other party. 4. This Agreement shall in all respects be interpreted, construed, and enforced according to the laws of the State of Montana. If any term of this Easement Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Easement Agreement, which shall continue in full force and effect. This Easement Agreement may be executed in one or more counterparts, which taken together shall constitute one and the same document. 5. Wherever required by the context of this Agreement, any singular reference shall include the plural reference, and any plural reference shall include the singular. 6. Such Easement is and shall be deemed to be a covenant running with the land and shall be biding upon the parties hereto and upon their successors and assigns. Any modification or amendment shall be effective only when duly executed, acknowledged and filed in the office of the Clerk and Recorder of Gallatin County, Montana. 7. The failure of either party to take action with respect to any breach of any term, covenants, or condition contained in this Easement Agreement shall not be deemed to be a waiver of such term, covenant, or condition of subsequent breach of the same, or any other term, covenants, or condition contained in this Easement Agreement, unless such waiver is in writing and signed by the parties. 3 Sewer Pipeline and Access Easement DATED this ______ day of _____________________, 20 . ___________________________________ GRANTOR, President of the Gallatin Park Owner’s Assoc. STATE OF MONTANA ) ) ss. County of Gallatin ) On this ____ day of _______________________, 20 , before me the undersigned, a Notary Public for the State of Montana, personally appeared ________________, President of GALLATIN PARK OWNERS’ ASSOCIATION., 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, I have hereunto set my hand and affixed my Notarial Seal the day and year above written. (SEAL) ___________________________________ Notary Public for the State of Montana __________________________________ (Printed Name) Residing at My Commission Expires _____/ /20 4 Sewer Pipeline and Access Easement DATED this ______ day of _____________________, 20 . ___________________________________ GRANTEE, Member Longshot Equity, LLC. STATE OF MONTANA ) ) ss. County of Gallatin ) On this ____ day of _______________________, 20 , before me the undersigned, a Notary Public for the State of Montana, personally appeared ________________, Member of Longshot Equity, LLC, 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, I have hereunto set my hand and affixed my Notarial Seal the day and year above written. (SEAL) ___________________________________ Notary Public for the State of Montana __________________________________ (Printed Name) Residing at My Commission Expires _____/ /20 5 Sewer Pipeline and Access Easement EXHIBIT A PRIVATE OPEN SPACE "C"GALLATIN PARK SUBDIVISIONPLAT J-300LOT 12, BLOCK 2GALLATIN PARK SUBDIVISIONPLAT J-300NGRAPHIC SCALE1 inch = ft.0( IN FEET )255050DATE:Plot Date: 1/13/2022 5:07 PMH:\1086\017\ACAD\SHEETS\SEWER EASE.dwgLOCATION:BOZEMAN, MT01/202220-FOOT SEWER EASEMENTEXHIBIT AA 20-FT SEWER EASEMENT ACROSS OPEN SPACE "C" OF THEGALLATIN PARK SUBDIVISION (J-300), FOR THE BENEFIT OF LOT 12,BLOCK 2 OF THE GALLATIN PARK SUBDIVISION (J-300), BOTHLOCATED IN SOUTHEAST QUARTER OF SECTION 36, T1S, R5E, P.M.M.,CITY OF BOZEMAN, GALLATIN COUNTY, MONTANAEXHIBIT A