HomeMy WebLinkAboutHaggerty Multi-Family mutual access easement
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Original to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman, MT 59771-1230
Project Number 250389.02
MUTUAL ACCESS EASEMENT AND AGREEMENT
This Easement and Agreement is established this day of , 2026, by
JACKSON BRUFF, of Haggerty Infill LLC, and
WENDY MORRISON, of 333 Haggerty Lane Commercial Condo Mast.
RECITALS:
WHEREAS, JACKSON BRUFF is the record owner (“Owner”) of Haggerty Infill LLC; and
WHEREAS, WENDY MORRISON is the record owner (“Owner”) of 333 Haggerty Land
Commercial Condo Mast; 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 an emergency-only access drive is hereby
granted. The legal description for said easement is as follows:
A 20-foot-wide strip of land lying within a portion of Lot 2A2 of Minor Subdivision 16B,
located in Section 8, Township 2 South, Range 6 East, P.M.M, City of Bozeman, Gallatin
County, Montana, the centerline of which begins at the centerline of a newly constructed
emergency access lane beginning at the shared boundary with Lot 2A1 of Minor Subdivision
16B, located in Section 8, Township 2 South, Range 6 East, P.M.M., City of Bozeman, Gallatin
County, Montana, according to the plat of the Rearrangement of the Elks Club Property.
From this point of beginning, the centerline of the easement follows the curved alignment of the
constructed emergency access lane as it extends inwards to the northeast across Lot 2A2,
continuing through a parking lot area and terminating at the northeast boundary of the parcel at
its connection with the adjacent City right-of-way Haggerty Lane.
THAT this common mutual access easement for emergency fire truck access only and 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
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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 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 _______________________, 2026.
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this _______ day of _______________________, 2026, before me, the undersigned, a
Notary Public for the State of Montana, personally appeared JACKSON BRUFF and WENDY
MORRISON, and acknowledged this record.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
(SEAL)
_________________________________________
(Printed Name Here)
Notary Public for the State of _________
Residing at _______________________
My Commission Expires:____________
(Use 4 digits for expiration year)
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ACCEPTED:
_________________________
CITY OF BOZEMAN
By ______________________
City Manager
ATTEST:
_______________________________
City Clerk
STATE OF MONTANA )
) ss.
County of Gallatin )
On this ______ day of _______________________, 2026, before me, a Notary Public for
the State of Montana, personally appeared CHUCK WINN and MIKE MAAS, known to me to
be the City Manager and City Clerk for 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 seal on the day
and year first above written.
(SEAL)
______________________________________
Notary Public for the State of Montana
___________________________________
(Printed Name)
Residing at Bozeman, Montana
My Commission Expires: / /20