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Home My WebLink About022 Access Easement 1 MUTUAL USE EASEMENT AGREEMENT This agreement is made between Blacktail Development, LLP., Parties of the First Part, of 9062 Haggerty Lane, Bozeman, MT 59715, owners of the following described property situated in Gallatin County, Montana: Lot 2, Block 11, Cattail Creek Subdivision, Phase 2B, according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and located in the NW %4 & the SW '/a of Section 35, Township 1 South, Range 5 East of P.M.M.. and Joseph and Deborah Velli, Parties of the Second Part, of 13515 Cottonwood Canyon Road, Bozeman, MT 59718, owners of the following described property situated in Gallatin County, Montana: Lot 1, Block 11, Cattail Creek Subdivision, Phase 2B, according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and located in the NW '/4 & the SW I/4 of Section 35, Township I South, Range 5 East of P.M.M.. The purpose of this agreement is two fold: 1. To create a 24 foot wide access easement over, under and across said Lots 1&2 for the mutual use of both the Party of the First Part and the Party of the Second Part. The access to be used by both Parties is located across both Lot 1 and Lot 2. 2. To create a 36 foot wide open-space easement over, under and across said Lots 1&2 for the mutual use of both the Party of the First Part and the Party of the Second Part. The open-space to be used by both Parties is located across both Lot l and Lot 2. Said easements are more particularly shown and described on the attached Exhibit A, which by this reference is made a part hereof. The terms, covenants and provisions of these easement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the Parties hereto. This Mutual Use Easement Agreement can not be terminated without consent of both parties listed herein. DATED this of i L� �-�- , 2005 Parties of the First Part: /L DeberahJJ.Shope, gi tered a nt of Blacktail Development, LLP. 12193666 I IIIII IIII IIIIII IIII Illll�l III�IIII Ilil IIII 07/08/2005 01:Bea III�IIIIIII Shelley Vance-Gallatin Cc M7 MISC 35.00 2 STATE OF MONTANA } ss. } On this �Z day of , _ /l�� 2005, before me th aY' Te,.undersigned, a Notary Public for the State of Montana, personally appeared Shope, designated representative for the Blacktail Development, LLP., known to me to be the person whose name is described within the instrument and who acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this instrument first above written. . "'_°, , o Public for the State of Montana Printed Na �me t � titit. -f L� ,� .,., 4 Residing at _ v"1nU,"�-� I1 ►,, My Commission expires S SEAL Parties of the Second Part: S Shope, repres tative ph and De` rah Velli by Power of Attorney STATE OF MONTANA } }ss. } o a On this 1�) day of LE—' , 2005, befor a 'V(rsigned, a Notary m Public for the State of ontana, personally appeared Shope, N a a .,known to me to be the person whose name is escribed within the instrument and who acknowledged to me that she executed the same. a Y�s..(ar�$�.w�-a.�-�v�. a�' �'o��ln c�•••c3 eJRlocav�� /r�il� b.� �jwr� c� �4i�'dv-v��r. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this instrument first above written. US YA No Public for the State of Montana a Printed Name 5 Residing at My Commission expires SEA-•�,y, t w EXHIBIT A SHEET I OF 3 LEGAL DESCRIPTION OF MUTUAL ACCESS EASEMENT A mutual access easement over and across Lots 1&2, Block 11, Cattail Creek Subdivision, Phase 2B, according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and located in the NW '/4 & the SW 1/4 of Section 35, Township 1 South, Range 5 East of P.M.M.. The boundary of said easement is described as follows: Commencing at the southeast corner of said Lot 1; thence northerly 000° 13' 52", assumed azimuth from north, 12.00 feet along the east line of said Lot 1; thence westerly 270* 13' 52" azimuth 108.55 feet; thence southerly 180' 13' 52" azimuth 24.00 feet; thence easterly 090° 13' 52" azimuth 108.55 feet; thence northerly 000° 13' 52" azimuth 12.00 feet along the east line of said Lot 2 returning to the southeast corner of said Lot 1. Area of easement across Lot 1 = 1303 SF Area of easement across Lot 2 = 1303 SF 1I21: 3 o f 5 07/08/2006 01:6BP Shelley Vance-Gallatin Cc MT MISC 36.00 EXHIBIT A SHEET 2 OF 3 LEGAL DESCRIPTION OF OPEN SPACE EASEMENT A mutual use easement over and across Lots 1&2, Block 11, Cattail Creek Subdivision, Phase 2B, according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and located in the NW `/4 & the SW 1/4 of Section 35, Township 1 South, Range 5 East of P.M.M.. The boundary of said easement is described as follows: Commencing at the southwest corner of said Lot 1; thence southerly 180' 09' 17", assumed azimuth from north, 18.00 feet along the west line of said Lot 2; thence easterly 090' 13' 52" azimuth 72.00 feet; thence northerly 000' 13' 52" azimuth 36.00 feet; thence westerly 270' 13' 52" azimuth 72.00 feet; thence southerly 180' 09' 17" azimuth 18.00 feet along the west line of said Lot 1 returning to the southwest corner of said Lot 1. Area of easement across Lot 1 = 1297 SF Area of easement across Lot 2= 1297 SF IIIII�IIII II�II III IIIII I�III lilll�l III IIIII IIII IIII 21e93fifi6P Shelley Vance-Gallatin Cc MT MISC 35.00 - - -SAVANNA STREET [N 89 43'57-E] 089 43'57'(R&M) 089 43'5r(R&M) iN 89 43'Sr 203.29' EXHIBIT A PAGE 3 OF 3 MUTUAL USE AGREEMENT ACROSS LOTi,BLOCK 11, R CATTAIL CREEK SUBDIVISION PHASE 2B AND LOT 2, BLOCK 11,CATTAIL CREEK SUBDIVISION,PHASE 2B w ai " i� m o 0 p LOT 1,BLOCK 11,CATTAIL CREEK SUBDIVISION,PHASE 2B g „ 26236 SF,0.6023 ACRES or N m UTUAL USE EASEMENT APPURTENANT TO LOT 2 'tl a AREA=1297 SF ACCESS EASEMENT AREA w APPUTENANT TO LOT 2 AREA=1303 SF CA 0 1 , 72 o o r- "�' -13' &M S 89 46'08 203.11' r C> g 0 ? aIT52°7ZW , Lij S N Z c } " ACCESS EASEMENT AREA Q APPUTENANT TO LOT 1 z C ti UTUAL USE EASEMENT AREA=1303 SF u"i W APPURTENANT TO LOT 1 LL O m AREA=1297 SF 0 g Z LOT 2,BLOCK 11.CATTAIL CREEK SUBDIVISION,PHASE 2B .a 24364 SF,0.5593 ACRES o N M 0 25 50 100 p g SCALE IN FEET D90 13'52' R&M S 89 4W 08'EI -3.11' LOT 3,BLOCK 11,CATTAIL CREEK SUBDIVISION,PHASE 2B 1IIII��IIIIIII �IIIII�II��II��I�II�I I�ilIIII 07J08��VV58P Shelley Vanns-Gallatin Cc IT MSSC 35.00