HomeMy WebLinkAboutMutual Access easement.pdf V11
MUTUAL ACCESS EASEMENT AND AGREEMENT
This Agreement is made this day of , 200 , by and between
MBHT Bozeman, LLC, and Bozeman Main and 15th Avenue Shopping Center, LLC.
RECITALS:
THE PARTIES AGREE AS FOLLOWS:
THAT a mutual access easement for a common driveway and ingress and egress is hereby
granted. The legal description for said easement is as follows:
Any parking lot drive aisle area shown on the site plan attached hereto as ‘Exhibit A’.
Any other areas such as building or landscaping areas are excluded from this easement.
THAT this common mutual access easement 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 successors and
assigns, their agents, employees, tenants, and guests of tenants, and shall burden their respective
parcels, perpetually.
THAT the parties and their 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.
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.
THAT the mutual access easement shall remain free and clear at all times from all
encumbrances.
THAT this agreement may be amended at any time in writing signed by the parties to this
agreement or their heirs and assigns.
The parties have executed this mutual access easement and agreement on the day and
year first written above.
DATED this _______ day of _______________________, 20 .
2
MBHT Bozeman, LLC:
STATE OF ____________ )
):ss
County of ___________ )
On this day of , 20 , before me the undersigned, a Notary
Public for the State of _____________, personally appeared ,
known to me to be of and the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the within
instrument for and on behalf of .
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
(SEAL)
Notary Public for the State of ____________
(Printed Name)
Residing at
My Commission expires / /20
Bozeman Main and 15th Avenue Shopping Center, LLC
STATE OF ____________ )
):ss
County of ___________ )
On this day of , 20 , before me the undersigned, a Notary
Public for the State of _____________, personally appeared ,
known to me to be of and the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the within
instrument for and on behalf of .
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
(SEAL)
Notary Public for the State of ____________
(Printed Name)
Residing at
My Commission expires / /20
W:\21-097 Smart Foods Bozeman\dwgs\Concept and Exhibits\21-097ex-mutualEasement.dwg, 1/4/2022 7:14:20 AM, DWG To PDF.pc3,1:1