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Home My WebLink About22 - Easement Type Unknown - Evergreen Business Park, Inc. & Nikles Business Park LL - EVERGREEN BUSINESS PARK SUBDIVISION Return to: 2?89214 City of Bozeman City Clerk Page 1 of 5 10120/2022 Q2:06 39 PM Fee: $40.00 PO Box 1 230 Eric Semerad - GaIlatin County, MT MI5C Boigaman, MT 69771.1230 1Bill 1111111111111111111111111IN11111111111N111111IIIIINl11111111111111111111 MUTUAL ACCESS EASEMENT AND AGREEMENT This Easement and Agreement is established this LA"' day of_ 5�q��w+b�� , 2072, by Evergreen Business Park, Inc., of 6529 Jackson Creek Road,Bozeman, Montana 59715, and Nikles Business Park LLC, of 4203 Arrowwood Drive, Billings, Montana, 59106. RECITALS: WHEREAS,Evergreen Business Park, Inc. is the record owner("Owner") of all those common open space areas within Evergreen Business Park Subdivision, including Evergreen Drive, a private street dedicated to public use; and WHEREAS,Nikles Business Park LLC is the record owner("Owner")of Lot 3A of Amended McChesney Industrial Park Subdivision; 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 30 FOOT WIDE ACCESS AND UTILITY 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 approach, full length of Evergreen Drive, and common open space areas. Said financial 2789214 Page 2 of 5 10/20/2022 02-.06-.39 PM responsibility of Lot 3A Amended McChesney Industrial Park Subdivision shall be in the amount equal to five percent (5%) of the total annual amount invoiced to the owners of Evergreen Business Park, Inc., and due and payable upon invoice issued by the Corporate Treasurer of Evergreen Business Park, Inc. 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_ / e, Owner DATED this �9,9 day of i /� - /� , 20Z2 STATE OF MONTANA ) ) ss. County of Gallatin ) On this o2 day of , 20-"--before me the undersigned, a Notary Public for the State of Montana, personally appeared J-�4-Z'4, ko cic , known to me to be the 6lcrne� of Evergreen Business Park, Inc. whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year above written. (SEAL) ` v Ui NANCY Y LAUG;-; -... �G.• .Otis' Notary Public _�.NoTAargc.2 for the State of Montag.:.:s F Residing at: � SEAL•' Bozeman,Montana Nota ubli r the State of Montana •,',fioF' My Commission Exmlras: �� (Printed ame Residing at ma r My Commission Expires / 1' 3 /20 2Z 2789214 Page 3 of 5 10/20/2022 02:06:39 PM STATE OF MONTANA ) ) ss. County of Gallatin } On this Z9 f day of ��4,.r��/' , 20 `7 before me the undersigned, a Notary Public for the State of Montana, personally appeared C��, ie,/ 6�v .4^1 known to me to be the Ale.*0r-,r of Nikles Business Park LLC whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year above written. (SEAL " "oi+s'w"� KEN OL80N _ �•�,`;, Notary Public Alt-- :�pTARlq�• �for the State of Montana Residing at: Notary Public for the State of Montana '* .SEAL a= Bozeman,Montana =�` My COmmissfon Eires: - C dj /Sp✓� '""„ nu .. MaY 07,'2023 (Printed Namej Residing at "' .' Ao r( 444 My Commission Expires d S /9 /202Z- 2789214 Page 4 of 5 10/20/2022 02:06:39 PM ACCEPTED: '' �y CI O O A by C ager 4 "' t ATTEST: City Clerk STATE OF MONTANA ) )ss. County of Gallatin ) On this 2 0 day of O fb" .20�.before me,a Notary Public for the State of Montana,personally appeared JEFF MIHELICH and MIKE MAAS,known to me to be the City Manager and City Clerk,respectively,of the City of Bozeman and the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) TAYLOR CHAMBERS 8Natarvitforth tate of on GNAMe� Notary Public,T•11olnar,y4.,p_tor the State of Montana -- :*; Residing at: Residing at ��.1MOX) s�.SEAL.ze Bozeman, Montana My Commission Expires /�2 /20 My Commission Expires: oFMo ,' January 12,2025 2789214 Page 5 of 5 10/20/2022 02.06.39 PM EXHIBIT OF 30 FOOT WIDE ACCESS AND IUTIILITY EASEMENT BEING ON A PORTION OF THE COMMON OPEN SPACE OF EVERGREEN BUSINESS PARK SUBDIVISION, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION I, TOWNSHIP 2 SOUTH,RANGE 5 EAST,PRINCIPAL MERIDIAN MONTANA, CITY OF BOZEMAN,GALLATIN COUNTY,MONTANA FND YPC (GASTON) NE COR I 5 1 0 1 _c) I Nrn EV URGREEN INESS � SRK SAT Q�� G SUppIVI51GN MEOr 3AN�E�SNEY A C IAE MCH DU5TR I GZ IN PARK 1V I N68'23'29E NEW 30' WIDE I 1 '. ..� 8.84' ACCESS & UTILITY EASEMENT I I 60' WIDE S88'32'19"E \ ACCESS & UTILITY I 10.53' \ EASEMENT w I z DO I J m c uj o z I w � I Q Q I Q o I Ld LLn 0 Q O z COMMON 10' WIDE OPEN SPACE UTILITY EVERGREEN BUSINESS EASEMENT I PARK SUBDIVISION I I SE COR FND YPC (GASTON) 1. 1 BASIS OF BEARING,COORDINATES LEGEND BEARINGS SHOWN ARE MONTANA STATE PLANE GRID. PROPERTY LINE DISTANCES ARE GROUND DISTANCES IN INTERNATIONAL FEET. — — — — EASEMENT LINE MONTANA COORDINATE SYSTEM NAD 83 • FOUND MONUMENT AS NOTED HORIZONTAL DATUM B07EMAN CONTINUOUSLY YPC YELLOW PLASTIC CAP OPERATING REFERENCE STATION PID DESIGNATION 0 10 20 30 DK7547 MTSU BOZEMAN CORS ARP MONTANA STATE PLANE NAD SCALE: 1 INCH = 20 FEET 83(2011)(EPOCH:2010.0000) NORTH LATITUDE 45'39'40.37689' PROJECT SURVEYOR:BPS SHEET WEST LONGITUDE 111'02'42.00898" 32 01 COVERY DRIVE Civil Engineering UNITS: INTERNATIONAL FEET gOZEMAN.MT5971B �s DRAWN BY: KWO OF� P HONE(406)592-0221 Geotecbnical Engineering Convergence ongle: —01'07'49" FAX(406)582-5770 Land Surveying ENarNEER11V0 REVIEWED BY: CLF PROJECT No.21-076 ww.xNeae�9Eneedr,9.o� Y g senvx:Ks,me DATE: 09/02/22 \$1 y\T—aNO.arg