HomeMy WebLinkAboutMutual access Easement (Merged)_08022021
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MUTUAL ACCESS EASEMENT AND AGREEMENT
This Easement and Agreement is established this day of , 2021, by L&S
PROPERTIES, LLC.
RECITALS:
Lot 4 and Lot 5, Block 5, Flanders Creek Subdivision, according to the plat thereof, on
file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and
located in the East Half of the Southeast Quarter of Section 4, Township 2 South, Range
5 East of P.M.M., City of Bozeman, Gallatin County, Montana.
WHEREAS, the Owner has determined that it is in their best interests to establish a mutual
access easement for the development of the lots described above;
NOW, THEREFORE, a mutual access easement for a common driveway and ingress and egress
is hereby established. The easement is more particularly described as follows and 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 owners 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
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
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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.
L&S PROPERTIES, LLC.
________________________________
By: Michael Slawson, Owner
DATED this _______ day of _______________________, 2021.
STATE OF MONTANA )
) ss.
County of Gallatin )
On this ____ day of _______________________, 20 , before me the undersigned, a
Notary Public for the State of Montana, personally appeared ________________________,
known to me to be the Owner of L&S PROPERTIES, LLC., person 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 _____/ /2021