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Home My WebLink About009_Access Easement Doc 2113225 llII 2113225 06Q26/2003 04:12P Shell*y Vance-011atin Co MT MISC 24.00 MUTUAL.A CESS EASEMENT AND AGREEMENT This Agreement is made this 51h day of tX�� 2003, by and between Joanne Tengelsen, current owner of the"Haynes Building" of the north boarder of "East Aspen Street" and Jon Gerster, Sr., S Faye Gerster and Jon Gerster,Jr.,of the south boarder of "East Aspen Street"at North Wallace Avenue,and John and Joanne Tengelsen, current owners of Lattice Materials at 516 East Tamarack Street,Bozeman, Montana. RECITALS: WHEREAS, the City of Bozeman has vacated by Ordinance No. 1460 being the east-west street between Block 108 and Block 109 of the Northern Pacific Addition, City of Bozeman, Gallatin County,Montana.; and WHEREAS,the Gersters own the following described parcels of real property located in Gallatin County,Montana: Lots 9(rune)though 16(sixteen), Block 108,Northern Pacific Addition to the City of Bozeman, located in the SE 1/4 of Section 6,T2S,R6E,PMM, and the south half of the east-west street of East Aspen Street, west of North Wallace Avenue, adjacent to each lot above, as vacated by Ordinance 1460, all in Block 108,Northern Pacific Addition, City of Bozeman,Gallatin County Montana. and WHEREAS, Joanne Tengelsen owns the following described parcels of real property located in Gallatin County, Montana: Lot 1 (one)of the Amended Subdivision Plat of Tract A and Tract 2A of the Amended Subdivision Plat filed in Block C of Plats,Page 23N,being a portion of Lots 17-24 (seventeen through twenty four),block 109,Northern Pacific Addition to the City of Bozeman, located in the SE 1/4 of Section 6, T2S,R6E,PMM, , and the north half of the east-west street of East Aspen Street,west of North Wallace Avenue, adjacent to each lot above, as vacated by Ordinance 14M all in Block 109,Northern Pacific Addition,City of Bozeman, Gallatin County Montana. and ii IIImill 111111111111111111111111111111 III 111111 Page:HI ibi 314 SMll�y Vane-Gill&tln Cc MT MISC 24.00 WHEREAS, John and Joanne Tengelsen own"Lattice Materials", the following described parcels of real property located in Gallatin County, Montana: Lot 1, Block 109, Amended Plat C-23-A6,Northern Pacific Addition, and located in the SE 1/4 of Section 6,T2S,R6E ofPMM, City of Bozeman, Gallatin County, Montana. WHEREAS, a portion of the east-west street of East Aspen vacated by Ordinance No. 1460 is used as a common drive access by the Joanne Tengelsen and the Gersters to provide ingress and egress solely to the above described parcels; and WHEREAS, the parties to this Agreement desire to create a common easement and driveway between the above described adjoining parcels owned by them and for the benefit of each of them and to provide ingress and egress, and parking to and for their respective parcels_ THE PARTIES AGREE AS FOLLOWS: THAT a mutual access easement for a common driveway and ingress and egress is here by granted over the former East Aspen Street vacated by Ordinance No. 1460. The legal description for said easement is as follows: . Vacating and Abandoning that 60 foot wide by approximately 200 foot long portion of East Aspen Street lying between lots 9 though 16, Block 108, and Blocks 17 through 24, Block 109,Northern Pacific Addition, and more particularly lying between the west right of way line of Northern Wallace Avenue and the portion of East Aspen Street right of way vacated by Ordinance 911,in the city of Bozeman,Montana. THAT this common mutual access easement shall apply to the north 37 feet,less 13 feet of the far north side of the above Ordinance(for a total of 24 feet) and shall be a perpetual easement and shall be superior to and paramount to the rights of any of the parties hereto and the respective servient estates so created. The parties further agree that this easement is a covenant that shall run with the land owned by each party, and shall be for the benefit of and inure to the parties,their successor and assigns,their agents, employees,tenants, and guests of tenants, and shall burden their respective parcels, perpetually. THAT the parties and the heirs and assigns shall be responsible for the maintenance and repair of their respective portions of the shared access, including the street approach and public sidewalk. Illlh �II III Ili III��III I�IIIII IIM III 2 w1M 225 SMllay Vuwo-dallatin Co MT MISC 24.00 THAT each party 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, unless cited or legal action precipitates such harm. THAT the mutual access easement shall remain free and clear at all times from all encumbrances, unless upon mutual agreement of the parties. THAT this agreement may be amended at any time in writing signed by the parties to this agreement of their heirs and assigns. The parities have executed this mutual easement and agreement on the day and year first written above. IGNNED STATE OF MONTANA COUNTY OF GALLATIN Joanne Tengelsen, Owner, "Haynes Building" SUBSCRIBED AND SWORN TO BEFORE ME THIS 26 DAY OF JUNE 2003 BY JOANNE JO TENGELSEN and Deborah J.Br '- Notary Public for tho Sias of Montana Residing at Eclgrade, Jahn Tengelsen, wne Commission r, "Lattice Materials" My Expiry -7itco Joanne Tengelsen, Owner,"Lattice Materials" (SEAL) and ('u u Angetta Schleg�t 441 Notary public for Me Com at si � ,`t t t 44 � (JJoB. Gerster Sr., Owner,"Lehrkind Mansion" y COfnmiss� res Q•NOTAR�,� ,�� b� Subscri ed a M to b �•'r - this a ay c, S. Faye Gerster, Owner,"Lehrk�fd Mansion" �' / !Votary eL- Mon,an Residing a Jon lyGerster, Jr., Owner,�Lehrkind Mansion" My commission a fires l / 6,, , ,4e-'"J r»�d po"7 f ! 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