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HomeMy WebLinkAboutMutual Parking & Access Easement & Agreement - DRAFT Mutual Parking & Access Easement and Agreement Lots 1A, 2A & 3A of Amended Plat of Block 5 of the Ferguson Farms Subdivision Page 1 of 2 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 Town & Country Foods Inc.. RECITALS: WHEREAS, Town & Country Foods Inc. is the record owner (“Owner”) of Lots 1A, 2A & 3A of Amended Plat of Block 5 of the Ferguson Farms Subdivision; and WHEREAS, the Owner 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 1A, 2A & 3A of Amended Plat of Block 5 of the Ferguson Farms Subdivision. 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 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(s), 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. THAT the mutual access easement shall remain free and clear at all times from all encumbrances. Mutual Parking & Access Easement and Agreement Lots 1A, 2A & 3A of Amended Plat of Block 5 of the Ferguson Farms Subdivision Page 2 of 2 The Owners have 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 Town & Country Foods Inc 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