HomeMy WebLinkAbout01- Zajdel, Richard K. & Melody M.-1014 S. 6th Ave - Mutual Access Easement
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Shelley Vanoe-Gal1atin Co MT MISC 24.0m
MUTUAL ACCESS EASEMENT AND AGREEMENT
This Agreement is made this 4th day of June ,2001, by and between Richard
K. and Melody M. Zajdel, 1014 S. 6th Avenue, Bozeman, Montana, ("Zajdels") and Joseph A.
Sorensen, 1079 Summer Ridge Road, Bozeman, Montana ("Sorensen").
RECITALS:
WHEREAS, the City of Bozeman has vacated by Ordinance No, 1540 the east-west alley
in Bloek 19 of Capitol Addition, City of Bozeman, Gallatin County, Montana;
and
WHEREAS, the Zajdels own the following described parcels of real property located in
Gallatin County, Montana:
The north half of Lot 15, and all of Lots 16, 17, and 18; the west half of the original
north-south alley (vacated) adjacent to these lots; and the south half of the east-west alley
adjacent to Lot 18, vaeated by Ordinance No. 1540 , all in Block 19, Capitol Hill
Addition, City of Bozeman, Gallatin County, Montana;
and
WHEREAS, Sorensen owns the following described parcels of real property located in
Gallatin County, Montana:
The west 75 feet of the south 10 feet of Lot 21; the west 75 feet of Lots 19 and 20; and the
north half ofthe east-west alley adjacent to the west 75 feet of Lot 19, vacated by Ordinance
No. 1540 , all in Block 19, Capitol Hill Addition, City of Bozeman, Gallatin County,
Montana;
and
WHEREAS, a portion of the east-west alley vacated by Ordinanee No, 1540 is used as a
common driveway by the Zajdels and Sorensen to provide ingress and egress to the above described
parcels;
and
WHEREAS, the parties to this Agreement desire to create a common easement and driveway
between the above described adjoining parcels owned by them for the benefit of each of them and
to provide ingress and egress to their respective parcels.
THE PARTIES AGREE AS FOLLOWS:
THAT a mutual access easement for a cornmon driveway and ingress and egress is hereby granted
over a portion of the alley vacated by Ordinanee No. 1 ~40 . The legal description for said
easement is as follows:
Beginning at the southwest comer of Lot 18, Block 19, Capitol Hill Addition, City of Bozeman,
Gallatin County, Montana, thence northerly along the west line of said Block 19 a distance of 18 feet
to a point on the south line of the vacated east-west alley in said Block 19, the true point of
beginning; thence continuing northerly along said west line of Block 19 a distance of 14 feet to the
north line of said vacated alley; thence easterly along said north line a distance' of 20 feet; thence
southerly a distance of 14 feet to a point on the south line of said vacated alley; thence westerly
along said south line a distance of20 feet to the true point of beginning, as shown on the attached
Exhibit A, which by this reference is made a part hereof.
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Shelley Vanoe-Gallatln Co MT MISC 24,00
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 parties hereto and the respective servient estates so created.
The parties further agree that this easement is a covenant that shall run with the land owned by each
party, and shall bc for the benefit of and inure to the parties, their successors and assigns, their
agents, employees, tenants, and guests of tenants, and shall burden their respective parcels,
perpetually.
THAT the parties 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 party 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 this agreement may be amended at any time in writing signed by the parties to this agreement
or their heirs and assigns.
The parties have executed this mutual access easement and agreement on the day and year
first writ n a ove.
STATE OF MONTANA )
)ss.
County of Gallatin )
On this ~day ofYJ1M.- ,2001, before me, the undersigned, a Notary Public
for the State of Montana, persona~ly appeared, Richard K. and Melodv M. Zaldel, known to me to
be the persons whose names are subscribed to the within instrument, and acknowledged to me that
they did execute the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and
year first above written.
(SEAL)
(b;~~ ~iZruf-
Notary Public for the State of ontana
Residing at
My Commission expires
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Shelley Vanoe-Gallatin Co MT MISC 24.00
STATE OF MONTANA
County of Gallatin
On thi~day of .2001, before me. the undersigned. a Notary
Public for the State of Montana. per nally appeared. Joseph A. Sorensen. known to me to be
the person whose name is subscribed to the within instrument. and acknowledged to me that he
did execute the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written.
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S~elley Vanoe-Gallatin Co MT ~ISC 24.00
S. 6TH AVENUE
APPROX. LIMIT I
OF DRIVEWAYS \ --' 14' l
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WIRE FENCE
PLAY
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=:r- EQUIPMENT
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516 CLEVELAND ST.
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PICKET FENCE
~14' ALlEY
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,- EXHIBIT A - MUTUAL ACCESS EASEMENT ~
APPROXIMATE SCALE: 1-20' BLOCK 19, CAPITOL HILL ADDITION ·
CITY ENGINEERING DEPT.
JUNE 2000 CITY OF BOZEMAN
PROPOSED MUTUAL
ACCESS EASEMENT
UTILITY POLE
PROPERTY LINE