HomeMy WebLinkAbout605 E Bryant - DRAFT ACCESS
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MUTUAL ACCESS EASEMENT AND AGREEMENT
This Easement and Agreement is established this day of , 20_ _ , by
Julian and Maureen Degidio, of 30 Ptarmigan Road, Bozeman, Montana 59715, and Daniel and
Simia Ranieri, of 204 Snowline Road, Bozeman, Montana 59715.
RECITALS:
WHEREAS, Julian and Maureen Degidio are the record owners (“Owners”) of Lot 8 of
Industrial Properties Subdivision, located in the Northeast One-Quarter of Section 6, Township 2
South, Range 6 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana;
and
WHEREAS, Daniel and Simia Ranieri are the record owners (“Owners”) of Lot 7 of Industrial
Properties Subdivision, located in the Northeast One-Quarter of Section 6, Township 2 South,
Range 6 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana; and
and
WHEREAS, the Owners have determined that it is in their best interests to establish a mutual
access easement for the development of the lots described above;
NOW, THEREFORE, a mutual access easement for a common driveway and ingress and egress
is hereby established. The easement is more particularly described on the attached Exhibit
“EXHIBIT OF SHARED ACCESS EASEMENT” which by this reference is made a part hereof.
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 subsequent owners of said properties and the
respective servient estates so created. The Owners further state that this easement is a covenant
that shall run with the land, and shall be for the benefit of and inure to the Owners, 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 access, including the street
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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.
The Owners have executed this mutual access easement and agreement on the day and
year first written above.
________________________________ ___________________________________
Owner 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 person whose name is subscribed to the within instrument, and
acknowledged to me that he/she 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
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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 person whose name is subscribed to the within instrument, and
acknowledged to me that he/she 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