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HomeMy WebLinkAboutMutual Access Easement - DRAFT 04-20-20 Inter-office Original to: Madison Engineering 895 Technology Blvd, Suite 203 Bozeman, MT 59718 MUTUAL ACCESS EASEMENT AND AGREEMENT This Easement and Agreement is established this day of , 2020, by Bozeman Boulder LLC. RECITALS: WHEREAS, Bozeman Boulder LLC is the record owner ("Owner") of Lots 1 and 7, Block 21 of Cattail Creek Subdivision PH III. and WHEREAS, the Owner has determined that it is in their best interest to establish a mutual shared access easement agreement for the development of the lots described above; NOW, THEREFORE, a mutual shared access easement agreement is hereby established for of Lots 1, 2 and 7, Block 21 of Cattail Creek Subdivision PH III. THAT this mutual shared 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 agreement 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 parking and 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. Mutual Access Easement and Agreement Lots I &7 Blk 21 Cattail Creek Sub PH III Page 1 of 2 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. Owner DATED this day of , 20_. STATE OF MONTANA ) ) ss. County of Gallatin ) On this day of 920 , before me the undersigned, a Notary Public for the State of Montana,personally appeared , known to me to be the of Bozeman Boulder LLC whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year above written. (SEAL) Notary Public for the State of Montana (Printed Name) Residing at My Commission Expires / /20 Mutual Access Easement and Agreement Lots 1 &7 Blk 21 Cattail Creek Sub PH III Page 2 of 2 0 (W) ,69'-�L 1 (W) M „69,81°00 S AA as 96 00 S }uawasee uela;seped 0 ollgnd app q=l00 OE b 0 ,t,676 M „69,81°00 S 0 - N 6t,'Z9 3 .,65,81°00 N CD z W — Q p r- I o 00 cry v W W �77 Z 0 I In I CO w J N- 00 OI N � IlA U) W07N 0 � o U N �� W LLL• QmoiV �O Lu I V r lMU , M U Z _ fn W �NU)W ° Q r " " a _ P r U Io CN W- 'I rN Q I E a OI a ° O U N a) ��1 I m � Ilo Qv > U TJ OI Q IO J � NM ��o % Z I Z UUUU _ I LLa � U N E ch _ i u �, I a U y J 21 5 N ° M � N 1319p1R} - in 04 °N N1� 0 132 0 _ z � r � � 16 Lu � 7z N Fzl z 11Q21 ; lMl 14 3� �--�r, �, U) C) s z O 3 Lu z °15�1 a � , �• J0 U _ m r� 'r0 /� U 0° LU LL Q r-- _j H Q . \ N O O V O !cl 0N vo \ ZU) ch �JO � �@O 1 QOU � � s ~ � CL Lu O U z m U d Q - z W 0�f U) U) PROJECT NUMBER � Lu Q MT-148.82 MERIDIAN LAND a � "' "' J li-l" 04/ DATE 20 2020 SURVEYING, INC. � Q U) X Lu SCALE P.O. Box 587, Gallatin Gateway, Montana 59730 LI cU) i = ao Phone (406) 624-6565 w U SHEET 1 OF 1 e-mail: meridiansurveying gyahoo.com z