HomeMy WebLinkAbout8_Draft Utility EasementAfter Recording Return to:
___________________, LLC
20 North Tracy Ave. Bozeman, Montana 59715
PERPETUAL PRIVATE NON-EXCLUSIVE ACCESS AND ________________ UTILITY
EASEMENT
This Private Non-Exclusive Access and _____________ Easement Grant is entered into by Olive
and Black, LLC, a Montana limited liability company, with address of 20 North Tracy,
Bozeman, MT 59715 owner of Tract A of Amended Plat ______ of Block C of Black’s Addition
to City of Bozeman, more particularly described below granted to ______________, with
address of ____________, _______, ________ _________ granting an access and a ________________ easement more particularly described below.
RECITALS
WHEREAS, Olive and Black, LLC is the “Grantor” and owner of Tract A of Amended
Plat ______ of Block C of Black’s Addition to the City of Bozeman, in Section 7, Township 2
South, Range 6 East, P.M.M., City of Bozeman, Gallatin County, Montana; and
WHEREAS, Grantor desires to grant a private perpetual easement for access and
_____________ over, across and under its property which will allow _______________, its
successor and subsidiaries (Grantee) to install _________________ from the existing public
street to the location for the soon to be constructed building.
GRANT
1. The recitals are incorporated as if fully set forth herein; 2. Grantor does hereby grant, subject to the terms and conditions expressed herein, over, across and under Grantor’s Lot ___ of Block C of Black’s Addition to the City of
Bozeman, in Section 7, Township 2 South, Range 6 East, P.M.M., City of Bozeman,
Gallatin County, Montana, a perpetual private access and ____________ easement in the
location depicted on the attached Exhibit A, in the widths established therein. 3. Access to and for installation and maintenance shall be by existing roads whenever possible. Should access require use of non-road ways, the ground shall be returned to the
same condition as prior to installation and maintenance.
4. The maintenance of the access and _______________ shall be the responsibility of the
Grantor. Grantor and Grantee acknowledge that this grant of easement is non-exclusive in nature and
Grantee undertakes the burden and obligation to locate the utility to be installed in compliance
and conformance with all applicable rules, regulations and laws, local, state and federal.
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Neither party may modify the size, scope or location of the easement without the prior written
consent of both parties.
The parties agree that this Declaration of Easement shall be governed by, construed and enforced
in accordance with the law of the State of Montana.
The rights and obligations of the parties hereto shall not terminate except by mutual agreement of the owners of record of the real property described herein.
IN WITNESS WHEREOF, Grantor has hereunto set its hand on the ___ day of
____________, 2016.
GRANTOR: Olive and Black, LLC
____________________________________
BY: ______________________
STATE OF __________ )
: ss. County of __________ )
On this ____ day of _____________, 2016 me appeared ____________ as the
___________________ for Olive and Black, LLC to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same on behalf of Olive and Black, LLC.
(SEAL) __________________________________________
Notary Public for the State of _______________
Printed Name: _____________________________
Acceptance of Easement Grant - GRANTEE
______________________, its successor and subsidiaries, Grantee, does hereby accept the
easement herein granted together with all terms and obligations. Upon acceptance,
________________, abandons, vacates and forever releases any prior or previously granted
easement over, across and under said property in favor of the easement stated herein.
[signature to follow]
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GRANTEE:
____________________________________
BY: ______________________
STATE OF __________ )
: ss.
County of __________ )
On this ____ day of _____________, 2016 me appeared ____________ as the
___________________ for __________________ to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same on behalf
of ____________________________.
(SEAL) __________________________________________
Notary Public for the State of _______________
Printed Name: _____________________________