HomeMy WebLinkAbout12 Mutual Access Easement Agreement Gallatin Center Opp Sub 032818 5-07-2020 Return to:
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Bozeman MT 59178 2608753
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MUTUAL ACCESS EASEMENT AND AGREEMENT
This Easement and Agreement is established this �l�~ day of oc-'c0'eV , 2016, between
Bozeman 6 LLC and First Security Bank.
RECITALS:
WHEREAS, First Security Bank, is the record owner ("GRANTOR") of Lot 15 Gallatin Center
Subdivision PH IV.
WHEREAS,Bozeman 6 LLC, is the record owner ("GRANTEE")of Lot 4 Block 2 Opportunity
Subdivision.
WHEREAS Bozeman 6 LLC agrees to not allow access to Lot 4, through the access easement,
with large.delivery vehicles.
NOW, THEREFORE, a mutual access easement for a common driveway and ingress and egress
is hereby established for Lot 15 Gallatin Center Subdivision PH IV and Lot 4 Opportunity
Subdivision.
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 owner of said properties and the
respective servient estates so created. The Owner 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 Owner, their
successors and assigns, their agents, employees, tenants, and guests of tenants, and shall burden
their respective parcels,perpetually.
THAT the subsequent owner 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
Mutual Access Easement and Agreement Lot 15 Gallatin Center Sub.PH IV and Lot 4 Opportunity Sub.
Page 1 of 4
2608753 Page 2 of 4 03/20/2018 09:51:45 AM
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 Owner has executed this mutual access easement and agreement on the day and year
first written above.
FIRST SECURITY BANK
Its: t'��4te�EtST 'L+
STATE OF MONTANA )
ss.
County of Gallatin )
On this day of , 2016,before me,the undersigned,a Notary
Public for a State of Montana, personally appear , known to me to be a
�1 UD of First Sccuirity Bank the entity that executed the within instrument,and
acknowledged to me that he executed the same for and on behalf of said corporation.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the
da and year above written.
' '4uVUN
4- LINDSAY M.METCALF
.M"' NOTARY PUBLIC for the
ro ary P blic f the S to of Mont a °a��DMqu rP = teo f Montana
SEAL at
rlted Nam _ c, Three Forks,Montana
' � P?, MyCammissionExpires
Residing at March 15,2017
My Commission E / /20
Mutual Access Fasement and Agreement Lot 15 Gallatin Center Sub.PH IV and Lot 4 Opportunity Sub.
Page 2of4
2608753 Page 3 of 4 03/20/2018 09:51:45 AM
BOZE LC
By: —.
Its:(a+:tS�=� o�CCo�a
STATE OF MONTANA )
�1�{--bCq' ) ss.
County of )
On this &�—day of,, � ,2016,before me,the undersigned,a Notary
Public for the State of Montana,personally appeared ,known to me to be a
�p5 , of Bozeman 6 LLC the entity that executed the within instrument, and
acknowledged td"me that he executed the same for and on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and ear above written.
No Public for t ontana o 0 J�OHICN A 9URT
' 01 kpr SE Y PUBLIC for the
(Printed Name) Stata of Montana
Residing at�j�(,�- g 1, JC1 � �S�I Residing ofisson Montana
My Commission Expires_�/1 Z�/20� � F bb iuq 17,20
Mutual Access Easement and Agreement Lot 15 Gallatin Center Sub.PH IV and Lot 4 Opportunity Sub.
Page 3 of 4
2608753 Page 4 of 4 03/20/2018 09:51:45 AM
EXHIBIT A,
MUTUAL ACCESS EASEMENT
SITUATED IN LOT 15 GALLATIN CENTER PUD 'PH IV 0 30 60
LOCATED IN NEY4 OF SECTION 35 T1S, R5E, P.M.M.
GALLATIN COUNTY MONTANA
1"= 60
CATTAIL STREET
S 89'42'3" W 228.25'
PC 3
JU)
co
COMMON AREA
'
GALLATIN 0
CENTER PUD PH IV v).
PROPERTY LOT 15 GALLATIN
CORNER CENTER PUD PH IV
0
N00'0'09"W N 89'37'36" W
6.00' 124.01 MUTUAL ACCESS
EASEMENT
POINT OF
BEGINNING MUTUAL 00'00'09"E S 89'37'36" E 123.94' S E
ACCESS EASEMENT 48 28
N 89'37'36" W
N00'00'09 W 83.31'—
26.83' S 89'37'36" E 460,17'
N 44'39'05" W N 20.45' 89'37'36" W a
CIL
S 00'00'21" E N 0'222'46" E 26.00' g
0
54.28' 7.00 0
N
N
O
LOT 4 0
OPPORTUNITY SUB. 5
MADISON ENGINEERING EXHIBIT A
995 TEMNOLOGY 3LVD SMTE 203 DRAWN BY: CGB
BOZEMIL4,11T 59718 DATE: 9/17/10
PHONE(706).W6 0262 FAX(406)SR6-5740
PROJECTS 10-103