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HomeMy WebLinkAbout019a Mutual access easement 1 MUTUAL ACCESS EASEMENT AND AGREEMENT This Agreement is made this day of , 2025 , by and between Oxbow Land Holdings, LLC located at 1100 W Idaho Street, STE 630, Boise ID 83703 hereby referred to as “Owner” or “Grantor,” and Oxbow Land Holdings, LLC located at 1100 W Idaho Street, STE 630, Boise, ID 83703 hereby referred to as “Grantee” and with consent of the City of Bozeman, PO Box 1230, Bozeman MT 59771. 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: Grantor, for and in consideration of the faithful observance and strict performance of the terms and conditions hereof, hereby grants to Grantee an exclusive easement and right of way, located along the drive aisle as constructed across COTTONWOOD SUB PH 1 & 2, S15, T02 S, R05 E, BLOCK 1, Lot 1 and Lot 2, PER PLAT J-685, in the City of Bozeman, Gallatin County, Montana according to the map or plat thereof on file or of record, and shown thereon as 30' Vehicular Access Easement (herein referred to as the "Easement Area"); copy of said plat is described in Exhibit A and shown in Exhibit B, attached hereto and by this reference being made a part hereof, which plat depicts the Easement Area. 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. 2 The parties have executed this mutual access easement and agreement on the day and year first written above. DATED this _______ day of _______________________, 20 . 3 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 , and known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. 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 Montana (Printed Name) Residing in My Commission expires / /20 BOZEMAN, MT p 406.922.7111 REVISIONTAG SHEET NAMEREF SHEETCHECKED BY| ALL RIGHTS RESERVED©Mutual Access Easement COTTONWOOD_P2 EX. A 1 01.28.2025 2024EXHIBIT A EASEMENT DESCRIPTION A Mutual Access Easement located along the parking lot access drive, as constructed, through a portion of Lot 1, Lot 2, and Open Space Lot 2, Block 1, Cottonwood Subdivision Phase 1 & 2, Document No. 2726305, on file in the Office of the Gallatin County Clerk and Recorder, located in the northwest quarter of Section 15, Township 2 South, Range 5 East, Principal Meridian, Montana, City of Bozeman, County of Gallatin, State of Montana, being more particularly described as follows: Commencing at the southeast corner of Lot 2, Block 1; thence northerly 118.02 feet along the east property boundary of said Lot 2 to the Point of Beginning; thence S89°55'25"W, 236.79 feet; thence N00°04'35"W, 323.44 feet; thence N89°55'25"E, 247.37 feet, thence S84°28'12"E 70.78 feet to the east property boundary of Lot 1, Block 1; thence southerly along said east boundary, 30.02 feet following a non-tangent curve concave to the west, said curve having a radius of 214.97 feet, an interior angle of 8°00'08" and a chord which bears S5°31'47"W, 30.00 feet; thence N84°28'12"W, 69.31 feet; thence S89°55'25"W, 215.90 feet; thence S00°04'35"E, 263.44 feet; thence N89°55'25"W, 206.79 feet to the east property boundary of said Lot 2; thence south along said east property boundary 30.00 feet to the Point of Beginning. Containing 24,518 square feet. X W. GARFIELD STREETCOTTONWOOD ROADPoint of Commencement STAFFORD AVENUELOT 2A 0INOR SUB 221C O3EN S3ACE LOT  BLO C K 1 BLO C K 2 O3EN S3ACE LOT 1 O3EN S3ACE LOT 2 LOT 1 LOT 1Existing30' UtilityEasementL1L2L3 L4 C1L5L6 L7L8 L9LOT 2 30' MUTUAL ACCESS EASEMENT Point of Beginning 118.02'NORTH Line Table Line # L1 L2 L3 L4 L5 L6 Bearing S89°55'25"W N00°04'35"W N89°55'25"E S84°28'12"E N84°28'12"W S89°55'25"W Distance 236.79' 323.44' 247.37' 70.78' 69.31' 215.90' Curve Table Curve # C1 Length 30.02' Radius 214.97' Delta 008°00'08" Line Table Line # L7 L8 L9 Bearing S00°04'35"E N89°55'25"E S00°05'02"E Distance 263.44' 206.79' 30.00' EXHIBIT B BOZEMAN, MT p 406.922.7111 REVISIONTAG SHEET NAMEREF SHEET CHECKED BY| ALL RIGHTS RESERVED©Mutual Access Easement COTTONWOOD_P2 EX. B 1 01.28.2025 2024