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HomeMy WebLinkAbout18 1825 W Kagy_Shared Access Easement_Draft Return Original to: 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 ACCESS