HomeMy WebLinkAbout18 1825 W Kagy_Shared Access Easement_Draft
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1825 W. KAGY LLC
2 Cooper Street, 14th Floor
Camden, NJ 08102
MUTUAL ACCESS EASEMENT AND AGREEMENT
This Easement and Agreement is established this day of , 20 , by
1825 W. KAGY LLC, of 4450 Excelsior Boulevard, Suite 400, St. Louis Park, MN 55416, and
HAWKS RIDGE HOME OWNERS ASSOCIATION, INC., of 1715 – 1781 West Kagy
Boulevard, Bozeman, Montana 59715.
RECITALS:
WHEREAS, 1825 W. KAGY LLC is the record owner (“Owner”) of Lot 7A of the Amended
Plat of Lot 7 of the Remington Addition (I-20) and Tract B of the Amended Plat of the
Remington Addition (I-20-A), located in the Southwest Quarter of Section 13, T2S, R5E,
P.M.M., City of Bozeman, Gallatin County, Montana; and
WHEREAS, HAWKS RIDGE HOME OWNERS ASSOCIATION, INC. is the record owner
(“Owner”) of Tract A of Certificate of Survey No. 573, located in the Southwest Quarter of
Section 13, T2S, R5E, P.M.M., City of Bozeman, Gallatin County, Montana; 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 legal description for said easement is as follows: Across portions of
Tract A of Certificate of Survey No. 573, located in the Southwest Quarter of Section 13, T2S,
R5E, P.M.M., City of Bozeman, Gallatin County, Montana. The easement is more particularly
described as “NEW SHARED ACCESS EASEMENT” on the attached Exhibit 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 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.
1825 W. KAGY LLC
By: ___________________________________
Printed Name: _____________________________
Title: ___________________________________
STATE OF_____________ )
) ss.
County of ______________ )
On this ____ day of _______________ 20____, before me, the undersigned,
personally appeared ___________________________, whose identity was proved to me on the
basis of satisfactory evidence to be the persons whose name is subscribed to this instrument, and
acknowledged that s/he executed the same in his/her capacity as ________________________
for and on behalf of 1825 W. KAGY LLC.
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 _______________
Printed Name: ___________________________
Residing at: ___________________________
My Commission Expires: ____/____/20____
HAWKS RIDGE HOME OWNERS ASSOCIATION, INC.
By: ___________________________________
Printed Name: _____________________________
Title: ___________________________________
STATE OF_____________ )
) ss.
County of ______________ )
On this ____ day of _______________ 20____, before me, the undersigned,
personally appeared ___________________________, whose identity was proved to me on the
basis of satisfactory evidence to be the persons whose name is subscribed to this instrument, and
acknowledged that s/he executed the same in his/her capacity as ________________________
for and on behalf of HAWKS RIDGE HOME OWNERS ASSOCIATION, INC.
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 _______________
Printed Name: ___________________________
Residing at: ___________________________
My Commission Expires: ____/____/20____
N 89°46'37" E
60.04'N00°12'21"E 174.05'S89°47'39"E
59.63'S00°04'17"W 173.61'SHARED ACCESS EASEMENT
ACROSS A PORTION OF TRACT A OF COS 573
LOCATED IN THE SW 1/4 OF SECTION 13, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN MONTANA,
CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
QUALITY CHECK:
DRAWN BY:
CAD NO.
JOB NO.
DATE:
22025ACCESSX2.dwg
B22-025
5/16/26
BST
FB:195/78
LAYOUT:
Engineering
tdhengineering.com
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