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Lot 1A & 2A, Block 2, Allison Sub PH 4A Mutual Drainage Easement and Agreement
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Chris G Budeski
895 Technology Blvd
Suite 203
Bozeman MT 59718
MUTUAL DRAINAGE EASEMENT AND AGREEMENT
This Mutual Drainage Easement and Agreement is established this day of , 202__,
by Blackmore Cottage Co, LLC.
RECITALS:
WHEREAS, Blackmore Cottage Co, LLC is the record owner (“Owner”) of the following
described real property:
Lot 1A & 2A of Allison Subdivision Phase 4A
Located in Section 24, Township 02 South, Range 05 East of Block 2,
P.M.M of City of Bozeman, Gallatin County, Montana
and
WHEREAS, Owner has determined that it is in its best interest to establish, declare, and enter
into a mutual drainage easement and agreement for the development of the Properties described
above as part of a general plan development;
NOW, THEREFORE, a mutual drainage easement for surface and subsurface drainage purposes
in, through, under and across the Properties is hereby established, declared and granted.
THAT this common mutual drainage 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 Owner further states that this easement is
appurtenant to the above-described Property, shall run with the land, and shall be for the benefit
of and inure to the Owner, its 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, successors and assigns covenant and agree to be
responsible for the maintenance and repair of their respective portions of the easement.
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 drainage of their respective properties.
The Owners have executed this mutual access easement and agreement on the day and
year first written above.
Dated this ______ day of ___________, 20__.
Lot 1A & 2A, Block 2, Allison Sub PH 4A Mutual Drainage Easement and Agreement
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GRANTOR – BLACKMORE COTTAGE CO. LLC
By:
its: ___________________________
STATE OF _____________ )
)ss.
County of ______________ )
On this day of , 20___, before me the undersigned, a Notary
Public for the State of Montana, 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.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
_______________________________________
(Printed Name)
(SEAL) Notary Public for the State of _______________
Residing at _____________________________
My Commission Expires ___________________