HomeMy WebLinkAboutReciprocal Easements - Boz Atwell (DM Draft)
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AFTER RECORDING RETURN TO:
Bozeman 7 RE LLC
Attn: Daniel D. Manson
600 S. Main
Butte, MT 59701
DECLARATION OF RECIPROCAL EASEMENTS
Lot 1-C and Lot 2-C of Amended Plat J-5-D
City of Bozeman, Gallatin County, Montana
This Reciprocal Easement Declaration is made this _____ day of February, 2025, by
Bozeman 7 RE LLC, a Montana Limited Liability Company (the “Declarant”).
WITNESSETH:
WHEREAS, the Declarant is the Owner of Lots 1-C and 2-C of Amended Plat J-5-D, City
of Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record
in the office of the Clerk and Recorder of said County; and,
WHEREAS, in conjunction with the recording of the Amended Plat, the Declarant desires
to create certain reciprocal easements hereafter described, which easements shall run with the land
and shall be binding upon the Declarant and shall be binding upon and inure to the benefit of the
owners of said lots, their heirs, successors and assigns, including the Declarant, its successors and
assigns.
NOW THEREFORE, in consideration of the premises, the Declarant hereby declares the
following easements over, on, and across the following described land:
Lot 1-C and Lot 2-C of Amended Plat J-5-D, amending Lot 1B
& 2B of Amended Plat J-5-C, Document No. 2412896, located in
the SE ¼ of Section 35 of Township 01 South, Range 5 East,
P.M.M., Gallatin County, Montana.
Recording Ref.: Document No. XXXX, Amended Plat J-5-D.
Said easements shall be for the benefit of each of said lots and the owners thereof, and their
respective heirs, successors and assigns, and each of said lots shall be servient to the easements
hereby created, and said easements shall be deemed appurtenant to each lot, as follows:
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1. Ingress and Egress: A reciprocal easement common to said lots providing a right-
of-way for ingress and egress by the owners of each lot, their employees, invitees,
and licensees, for reasonable access from the public streets to each lot over and
across the other lot. Any access point from a public right-of-way to Lot 1-C may
be used for the benefit of Lot 2-C to allow ingress and egress over and across Lot
1-C to provide access to and from Lot 2-C. Likewise, any access point from a
public right-of-way to Lot 2-C may be used for the benefit of Lot 1-C to allow
ingress and egress over and across Lot 2-C to provide access to and from Lot 1-C.
The common ingress and egress points between Lots 1-C and 2-C, and the current
access points from the public right-of-way to each lot are shown on Exhibit “A”.
The location of the common ingress and egress points between Lots 1-C and 2-C
may be modified in the future pursuant to a written and recorded modification of
this Declaration, signed by the owners of Lot 1-C and Lot 2-C.
2. Drainage: An easement common to said lots for the construction, operation,
maintenance, repair and replacement of surface and underground drainage facilities
serving a common storm drainage system for the benefit of Lot 1-C and Lot 2-C in
the location identified on Exhibit “B” attached hereto and by this reference made a
part hereof. The Declarant shall be responsible for the initial design and installation
of the storm drainage facilities for the common drainage system. After initial
installation, the owners of Lot 1-C and Lot 2-C shall share all maintenance and
repair costs equally.
3. Parking: An easement common to said lots providing a parking area to be shared
by the owners of each lot, their employees, invitees, and licensees (“shared parking
area”). The shared parking area is shown on Exhibit “C” attached hereto and by
this reference made a part hereof. The Declarant shall be responsible for
constructing the initial parking improvements for the shared parking area.
Thereafter, the owners of Lot 1-C and 2-C shall share all maintenance and repairs
costs equally.
The above-described reciprocal easements shall burden and benefit Lot 1-C and 2-C as
described herein and shall run with the land.
IN WITNESS WHEREOF, the Declarant has executed this Declaration as of the date
first above written.
DECLARANT:
Bozeman 7 RE LLC
By:
James M. Kenneally
Manager
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STATE OF MONTANA )
: ss.
County of Silver Bow )
The foregoing instrument was acknowledged before me this ____ day of February, 2025,
by James M. Kenneally in his capacity as Manager of the Declarant, Bozeman 7 RE LLC.
(SEAL)
Notary Public
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MUTUAL INGRESS &EGRESS EASEMENTLAND SURVEYORS - ENVIRONMENTAL SPECIALISTS1324 13th Ave. SWP.O. BOX 3625GREAT FALLS, MT 59403(406)727-2185 OFFICE(406)727-3656 FAXwww.bigskyce.comENGINEERS - PLANNERS - DESIGNERS -ATWELL SUITESBOZEMAN, MTINGRESS AND EGRESS0' 80' 160'MUTUALEASEMENTA
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DRAINAGEEASEMENTLAND SURVEYORS - ENVIRONMENTAL SPECIALISTS1324 13th Ave. SWP.O. BOX 3625GREAT FALLS, MT 59403(406)727-2185 OFFICE(406)727-3656 FAXwww.bigskyce.comENGINEERS - PLANNERS - DESIGNERS -ATWELL SUITESBOZEMAN, MTDRAINAGE EASEMENT0' 80' 160'B
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SHARED USEPARKINGEASEMENTLAND SURVEYORS - ENVIRONMENTAL SPECIALISTS1324 13th Ave. SWP.O. BOX 3625GREAT FALLS, MT 59403(406)727-2185 OFFICE(406)727-3656 FAXwww.bigskyce.comENGINEERS - PLANNERS - DESIGNERS -ATWELL SUITESBOZEMAN, MTSHARED USE0' 80' 160'CPARKING EASEMENT