Fillable Printable Road Maintenance Agreement - Montana

Road Maintenance Agreement - Montana

ROAD MAINTENANCE AGREEMENT

1. Parties. The parties to this agreement are the owners of lots of the

___________________________ Subdivision (and owners of land) that utiliz e the access

road(s), known as___________________________________________________, located

in Section(s)__________, Township _________N., Range ___________W.

2. Purpose. The purpose of this agreement is to establish a means for the repair and

maintenance of the above referenced roads and any emergency access that will be

equitably shared among the parties utilizing the road.

3. Consideration. The considerations for this agreement are the mutual benefits to be derived

by the parties, their heirs, and assigns.

4. Agreement. The owners of the above referenced land shall, at their own expense, repair

and maintain the above referenced road(s) to, at a minimum, Lincoln County Subdivision

Regulation Standards in effect at the time of filing of the above referenced subdivision. The

road repair and maintenance responsibility will be equally (proportionally) shared among the

land owners. A meeting may be held between the owners at specific time intervals or called

when required, to discuss the specifics and responsibilities in insuring the road(s) is/are kept

at the above referenced standard. Dust control and air pollution measures may require a

schedule of water or oil distribution to be agreed upon and implemented as a standing

requirement to comply with legal statutes.

5. Persons Bound by Agreement. This agreement shall be binding upon the heirs successors

and assigns of the parties and shall be deemed to be an obligation running with the land.

6. Termination of Agreement. This agreement shall remain in full force and effect until such

time as city, county, state, or federal authorities install some other arrangement to facilitate

maintenance of said road.

7. Enforcement of Agreement. This agreement may be enforced by all remedies available

under Montana Law, including the placement of a lien against the property, or properties, of

an owner who does not pay their share of the repair or maintenance required per the Lincoln

County Subdivision Regulations requirements or maintenance deemed necessary by the

majority of the parties of this agreement that utilize the road. If legal action is taken to

enforce this agreement, the successful party or parties, shall be entitled to be reimbursed for

reasonable and necessary costs incurred, including attorney fees.

Enforcement of the ROAD MAINTENANCE AGREEMENT for the

_____________________________________ Subdivi sion shall be by proceedings at law or in

equity against any person or persons violating or attempting to violate any of the

aforementioned restrictions, either to restrain violation or to recover damages.

Invalidation of any one of these conditions, covenants, or restrictions, by judgment, or by

court order, shall in no way affect any of the other provisions hereof which shall remain in full

force and effect.

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STATE OF MONTANA )

) ss.

County of )

On this ______ day of ___________________, 20____, before me, a notary public in

and for said State, personally appeared ____________________ 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 seal the day and year first

above written.

(SEAL) __________________________

Notary Public for State of Montana

Residing at Libby, Montana

My commission expires ________