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HomeMy WebLinkAbout14- Park Street Holding LLC Mutual Access Easement and Agreement City of Bozeman-City Clerk P.O. Box 1230 Bozeman, MT 59771-1230 r!' ._o' 2477713 Page: 1 of 4 04/03/2014 04:51:58 PM Fee $28.00 Charlotte Mills - Gallatin County, MT MISC 11111111111111111 IT 1111111111111 IIII IIII IIIII IIIII 111111111111111 IIIII IIII IIII MUTUAL ACCESS EASEMENT AND AGREEMENT This Easement and Agreement is established this a�fday of , 201_�, by Park Street Holding LLC. RECITALS: WHEREAS, Park Street Holding LLC is the record owner ("Owner") of Lots 1A & 2A of Amended Subdivsion 454A. and WHEREAS, the Owner has determined that it is in their best interest 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: Lot 1A Amended Subdivision Plat 454A, situated in the West '/2 of Section 15, Township 2 South, Range 5 East, P.M.M. City of Bozeman, Gallatin County Montana. The easement is more particularly described on the attached Exhibit A 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. THAT In the event that the City of Bozeman should grant a permit for access directly from Cottonwood to Lot 2A of the Amended Subdivision Plat 454A, then this Mutual Access Easement shall terminate and no longer be in effect. Park Street Holdings LLC Mutual Access Easement Page 1 of 3 The Owners have executed this mutual access easement and agreement on the day and year first written above. 6a Z' 2 Owner DATED this day of ILL 201'-'( . STATE OF MONTANA ) ss. County of Gallatin ) On this( day oft 2014,before me the undersigned, a Notary Public for the State of Montana, personally appeared i•C1 _'� hknown to me to be and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of,PA a S+-rP2. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year above written. (SEAL) MONICA A.BURT NOTARY PUBLIC for the t to of Mont r < S ana a Montana N7ty blic for the Sta f Montana SEAL Residing at Butte. U = My Commission Expires rM, �FOFMu S` February 17,2016 (Printed Name) I nn Residing atLIC-�>bV��bl,� I r111Yt My Commission Expires 2J / /20 P6 Park Street Holdings LLC Mutual Access Easement Page 2 of 3 ACCEPTED: CI by a F B ZE N c`F;` City Manager ATTESTr ' L p City c) p STATE OF MONTANA ) )ss. County of Gallatin ) On this 3(- - day of 1 vl&,vrLN ,2011', before me, a Notary Public for the State of Montana, personally appeared CHRIS KUKULSKI and STACY ULMEN, known to me to be the City Manager and City Clerk, respectively, of 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 Notarial Seal the day and year first above written. AIMEE BRUNCKHORST j:�qN NOTARY PUBLIC for the ` State of Montana * SEAL * Residing at Belgrade,Montana Nqr.., ire My Commission Expires Nothry Public for the State of ontana December 04,2016 (Printed Name) Residing at My Commission Expires / /20 . I I I 0 30 60 N89'54'58"E 55.00' . \i L.L1"= 60' N00'05'20"W - - - T — - - - - - - - - - 41.00' I � — I I �PUBL�ICWTR�a — — — — — — — — S89'54'58"W 15.00' I I SWR EASEMENT N45'05'02"W 14.14' I 30' WIDE q I I ACCESS EASEMENT O � q z I LOT IA 00 I I AMENDED O I I SUBDIVISION 454A I� PROPER Y U LINE rn O l o O R.O.W. LOT 2A I I AMENDED I SUBDIVISION 454A N44'54'58"E I I 14.14' N 89'54'58" E 15.00' I I E N00'0502"W' I w 30.00' I I N v I a S8 554008"W EXHIBIT A s N BEGINNING I SHARED ACCESS PUBLIC ACCESS EASEMENT I I _I 20' WIDE EASEMENT Ld -I--- N UTILITY EASEMENT SITUATED IN LOT 1 A & 3 J o I I I 2A OF AMENDED 3 SUBDIVISION 454A IN THE o WEST 1 /2 OF SECTION 15 PUBLIC WTR & T2S, R5E, P.M. SWR EASEMENT a 0 T LOT 3A o PROPERTY AMENDED CORNER I I SUBDIVISION 454A TOWN PUMP #3 EXHIBIT R95 TEC SHARED ACCESS MADI EC �iN ENGINEERING DRAWN BY: CGB HOLOGY BLVD SUITE 203 EASEMENT BOMNIAN,NIT 59718 DATE: 12/18/13 I'HOVB(+06)586-0262 FAX(+06)586-57+0 B©ZEMAN, MT PROJECT# 12-137