HomeMy WebLinkAbout11 Access Easement (Exhibit A) Draft
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MUTUAL ACCESS EASEMENT AND AGREEMENT
This Agreement is made this day of , 20 , by and between
NWX Lot 11 Ownership , and NWX Lot 12 Ownership .
RECITALS:
THE PARTIES AGREE AS FOLLOWS:
THAT a mutual access easement for a common driveway and ingress and egress is hereby
granted. The legal description for said easement is as follows: Lot 12 of Amended Plat of a
Portion of S04, T02 S, R05 E, C.O.S. 2552, PARCEL 5, ACRES 160.36, City of Bozeman,
Gallatin County, Montana. Northwest Crossing Subdivision – Phase 1 Plat [add Plat # when
filed], (See Exhibit A)
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 parties hereto and the respective servient estates so
created. The parties further agree that this easement is a covenant that shall run with the land
owned by each party, and shall be for the benefit of and inure to the parties, their successors and
assigns, their agents, employees, tenants, and guests of tenants, and shall burden their respective
parcels, perpetually.
THAT the parties 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 party 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.
THAT this agreement may be amended at any time in writing signed by the parties to this
agreement or their heirs and assigns.
The parties have executed this mutual access easement and agreement on the day and
year first written above.
NWX Lot 11 Ownership NWX Lot 12 Ownership
DATED this _______ day of _______________________, 20 .
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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 , and
known to me to be 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 affixed my Notarial Seal the day
and year first above written.
(SEAL)
Notary Public for the State of Montana
(Printed Name)
Residing in
My Commission expires / /20
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(EXHIBIT A)