HomeMy WebLinkAboutLot 1 & 7 Shared Access Easement - DRAFT - 04-20-20
Mutual Access Easement and Agreement Lots 1 & 2 Opportunity Subdivision
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Inter-office Original to:
Madison Engineering
895 Technology Blvd, Suite 203
Bozeman, MT 59718
MUTUAL ACCESS EASEMENT AND AGREEMENT
This Easement and Agreement is established this ______ day of _______________, 2020, by
Bozeman Boulder LLC.
RECITALS:
WHEREAS, Bozeman Boulder LLC is the record owner (“Owner”) of Lots 1 and 7, Block 21 of
Cattail Creek Subdivision PH III.
and
WHEREAS, the Owner has determined that it is in their best interest to establish a mutual shared
access easement agreement for the development of the lots described above;
NOW, THEREFORE, a mutual shared access easement agreement is hereby established for of
Lots 1, 2 and 7, Block 21 of Cattail Creek Subdivision PH III.
THAT this mutual shared 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 Owner 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 Owner, their successors and
assigns, their agents, employees, tenants, and guests of tenants, and shall burden their respective
parcels, perpetually.
THAT the subsequent owner 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 Access Easement and Agreement Lots 1 & 2 Opportunity Subdivision
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THAT the mutual access easement shall remain free and clear at all times from all
encumbrances.
The Owner has executed this mutual access easement and agreement on the day and year
first written above.
________________________________
Owner
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 Bozeman Boulder 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
My Commission Expires _____/ /20