HomeMy WebLinkAbout04- MacDonald, David and Cheryl; Tract 1A-2A, COS 1855A - Public Access Easement
~:.
DECLARA TION OF PUBLIC ACCESS EASEMENT
TillS DECLARATION OF PUBLIC ACCESS EASEMENT is made by David
MacDonald, and Cheryl MacDonald, whose address is 2055 North 22nd Avenue, Suite 4a,
Bozeman, Montana, 59718 (referred to cOllectively hereinafter as "Landowner").
RECITALS
WHEREAS, Landowner owns the real property located in Gallatin County described as
follows (collectively referred to as the "Property"):
Parcel I: Tract 2A ofC.O.S. #1885A, located NE1,4 of Section 11, Township 2
South, Range 5 East, P.M.M. Gallatin County, Montana; and
Parcel II: Tract 1A ofC.O.S. #1885A, located NEYt of Section 11, Township 2
South, Range 5 East, P.M.M. Gallatin County, Montana;
WHEREAS, Landowner intends to the Property, and sell interests in the developed
Property to third party buyers; and
WHEREAS, Landowner wishes to ensure that both Landowner and the subsequent
owners of Parcel II will have access to the public roads to be built on Parcel I allowing them
passage to Beall Street.
NOW, THEREFORE, Landowner hereby declares the existence of a perpetual non-
exclusive private road easement over and across Parcel I for the benefit of owner(s) of Parcel II,
and their successor and assigns, in the location and on the tenns and conditions Set forth below.
1. Grant of Easement. The Landowner declares the existence of a perpetual non-
exclusive easement for use of the Public Pedestrian and Vehicle Access Easement recorded as
Document No. , on _ day of , at .m. ("Public
Easement"), at the Clerk and Recorders for Gallatin County, Montana by the owner(s) of Parcel
II. The Public Easement consists primarily of a roadway upon Parcel I. This Easement shall
allow the owners of Parcel II, and, upon future development, the general public, to access the
Public Easement upon Parcel I, at a location to be detennined along common boundary of Parcels
I and II. The access along said boundary, when established, may be up to forty (40) feet wide and
shall established in a manner to allow for a reasonable connection to the Public Easement on
Parcel I. The cost of establishing a reasonable connection to the Public Easement on Parcel I shall
be borne by the owner(s) of Parcel II.
2. Purpose and Scope, The effect of this Easement shall be to create an ingress and
egress access for the owner(s) of Parcel II between the southern boundary of Parcel I and Beall
Street using the Public Easement on Parcel I. It is further the Landowner's intent that the scope
of this Easement allow for the future development of Parcel II, including the subdividing thereof
The scope of this Easement shall not be construed in any way to limit the future development of
Parcel II.
Page 1 of 2
...~'
3. Public Use, Use of the Easement established hereby shall be granted to the
general public upon the future development of the Parcel II. This Easement shall not be
obstructed by any gates, fences, or in any other manner at any point.
4. Maintenance. The owner(s) of Parcel I or their governing association shall be
solely responsible for the maintenance and repair of the public roads, including the access road
from Parcel II, located upon Parcel I.
5. Run with the Property. This grant of easement shall be perpetual, shall run with
the land, and shall bind the heirs, successors, and assigns of the Landowner.
Daledthisd~~YOf~~ ,2004,
'} 11 n
(~/ L /ild/C'U~1..-
Cheryl ~Donald
q~
rL L_':~:~--~::~'~.
David MacDonald
r".~ ~ .-
b-~
STATE OF MONT ANA )
:ss.
County of Gallatin )
On this~t4.. day of ~.4-t....-/ ,2004, before me, a notary public in and for
, said State, personally appeared David and Cheryl MacDonald, known to me to the persons whose
names are subscribed to the within instrument, and acknowledged to me that they executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the date first above
written. c-~ ,;' '\
"''"- ,./ '~ <I' . .
,\\\\\,\\1111111111110 , ,,--- ---Lll-'~-<(sIg,n)
~\'" l r: 1///", )
l>~x..'\\.._~~D:>)0 _fIle " (pnnt
il-i-:--;::~(OlARi"^1(""{:::\ Notary Public r the State ofMon,tana
(SEAL) .~2: '.\.... ~ Residing at: -. ,~
~- {S Ei\L.} ~ My commission e ires: ,g. cf
. ~ ~
'%., (~~-" ..-.... l
--;;';;/''''1lf'o'' --.- ~~ ((~~~,
/-;//1/1 F Mv\~ \,\\\\......"
1J1iUfltIlHII\\\\\\\\\\
Page 2 of 2