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HomeMy WebLinkAbout04- Macdonald, David & Cheryl; Tr 1A & 2A, COS 1885A - Public Access (2169397) Easement 1 ~ l-!lATTED =1 DE CLARA TION OF PUBLIC ACCESS EASEMENT v' THIS 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"). RECIT ALS 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 NE~ of Section 11, Township 2 South, Range 5 East, P.M.M. Gallatin County, Montana; and Parcel II: Tract lA ofC.O.S. #1885A.located NE~ 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 terms 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. 2169397 ,onSth day of November ,at11:29 ....a..........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 determined 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 co ~ m .::. ....-. N _ .... - ... mc~ UJ-~ ..CD .... e 19 ...... N-- 0.._ iiiiiiiiiii 19 !!!!!!!!!!!!!!! ~ -N ~- iiiiiiiiiii iiiiiiiiiii - =0 -r.n -~ =1- =E - _c iiiiiiiiiii 0 =c -- =.. -.... iiiiiiiiiii .. =0 !!!!!!!!!!!!!!! ~ _0 =c !!!!!!!!!!!!! ~ iiiiiiiiiii ,. -. =.... iiiiiiiiiii .. !!!!!!!!!!!!! .s::. _r.n 01.,\ ~ I . 30 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. Dated this ~y of ~ ,2004. ,'/ ,/ n ~ ~1~~ Cheryl ..' cDonald ~'. ~/2iJ--"'." ...,...~" , , .' ........._~....... -.-'"'". .' ," c.... . .' " _c..,.~, - ,/ /' " ' '"'''' David MacDonald- STATE OF MONTANA ) :ss. County of Gallatin ) On this~te( day of J6L,J.,} . 2004, before me, a notary public in and for , said State, personally appeared ~ryl 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. \.:-.~ ", _ \111',\\11111111/111//. " ,- ,~,' --(sign) ",,'11\ lee '//!!;" J1 ,,0 ( t) ,-{~' '<. \~\ " '--: L. D :.::;.~ .'.\-1'1... L.,... - prin d'~f-:;~b 1 ^Ri~)~:~:\ ~~:~%gP~~:liC r the State o~na , (S Ei~L )j My commission e ires: g ~' ~ + ~ -".:; "%\ ~~>. """.,,~ ,,#" ";;:;, ''11(-'0'' or" -M'" (~~~~\"'..)' /'-;;//1 - v \ \\\\\ IIJI/flf/Jrl/lI\\\\\\\\\\\\\ (SEAL) / ~III/II~II~II/II~ lilli/lilli/lilli/II 01111111/01 ~:t~~~~, Shelley Vance-Gailatin Co MT MISC 12.00 ' Page 2 of 2