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HomeMy WebLinkAbout9_Easement documents_02-04-2020 DRAINAGE EASEMENT Shane Collins Construction Inc. Owner of Lot 2, Block 1 of the Cattail Creek Subdivision, Phase 3, GRANTOR, in consideration of One Dollar ($1.00) and other good and valuable consideration, receipt of which is acknowledged, grants to Door 5 LLC, Owner of Lot 3, Block 1 of the Cattail Creek Subdivision, Phase 3, GRANTEE, its successors and assigns, an easement for surface and subsurface drainage purposes in, through and across land situated in Gallatin County, Montana, which is located on the following described property: Lot 3, Block 1, Cattail Creek Subdivision Ph 3, S35, TOIS, R05E, Plat J-415 The GRANTOR warrants that it is lawfully seized and possessed of the real property described above, that it has lawful right to convey the property, or any part of it, and that it will forever defend the title of the property against the claims of all persons. The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR. The terms, covenants mid provisions of the easement acid agreement shall extend to and be binding upon the heirs, executors, administrators, personal representatives. successors and assigns of the parties hereto. Dated this day of , 20_. By: GRANTOR STATE OF MONTANA ) ):ss County of Gallatin ) On this day of , 20_, before me the undersigned, a Notary Public in and for the State of Montana, personally appeared , known to me to be the of and whose name is subscribed to the within instrument, and acknowledge to me that he did execute the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (Printed Name Here) (Seal) Notary Public for the State of Montana Residing at My Commission Expires: (Use 4 digits for expiration year) 1 ACCEPTED: GRANTEE STATE OF MONTANA ) ):ss County of Gallatin ) On this day of , 20_, before me the undersigned, a Notary Public in and for the State of Montana, personally appeared known to me to be the of and whose name is subscribed to the within instrument, and acknowledge to me that he did execute the same. (Printed Name Here) (Seal) Notary Public for the State of Montana Residing at My Commission Expires: (Use 4 digits for expiration year) Inter-office Original to: Madison Engineering 895 Technology Blvd, Suite 203 Bozeman, MT 59718 MUTUAL PARKING AND ACCESS EASEMENT AND AGREEMENT This Easement and Agreement is established this day of , 2020, by Shane Collins Construction Inc and Door 5 LLC. RECITALS: WHEREAS, Shane Collins Construction is the record owner ("Owner") of Lot 2 of Block 1 of Cattail Creek Subdivision Phase 3; And WHEREAS, Door 5 LLC is the record owner("Owner") of Lot 3 of Block 1 of Cattail Creek Subdivision Phase 3; WHEREAS, the Owners have determined that it is in their best interest to establish a mutual shared parking& access easement agreement for the development of the lots described above; NOW, THEREFORE,a mutual shared parking and access easement agreement is hereby established for Lots 2 and 3 of Block 1 of Cattail Creek Subdivision Phase 3. THAT this mutual shared parking and access easement shall be a perpetual easement and shall be superior to and paramount to the rights of any of the subsequent owner of said properties and the respective servient estates so created. The Owners further state that this agreement is a covenant that shall run with the land, and shall be for the benefit of and inure to the Owners, their successors and assigns, their agents, employees, tenants, and guests of tenants, and shall burden their respective parcels, perpetually. THAT the subsequent owners and their heirs and assigns shall be responsible for the maintenance and repair of their respective portions of the shared parking and access, including the street approach and public sidewalk. THAT each subsequent owner and their heirs and assigns shall hold the other party harmless from any liability resulting from the use of the mutual access for ingress and egress to their respective properties. Mutual Parking&Access Easement and Agreement Lots 2 and 3 of Block 1 of Cattail Creek Subdivision,Phase 3 Pagel of 3 THAT the mutual access easement shall remain free and clear at all times from all encumbrances. The Owners have executed this mutual access easement and agreement on the day and year first written above. Owner(Lot 2) DATED this day of , 20_. Owner(Lot 3) DATED this day of ,20_. 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 known to me to be the of Shane Collins Construction LLC and Door 5 LLC 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 Mutual Parking&Access Easement and Agreement Lots 2 and 3 of Block I of Cattail Creek Subdivision,Phase 3 Page 2 of 3 My Commission Expires / /20 Mutual Parking&Access Fasement and Agreement Lots 2 and 3 of Block l of Cattail Creek subdivision.Phase 3 Page 3 of 3