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Madison Engineering
895 Technology Blvd
Suite 203
Bozeman MT 59718
MUTUAL DRAINAGE EASEMENT AND AGREEMENT
This Mutual Drainage Easement and Agreement is established this day of
b 202.-L by MSU QOZB I.LLC.
RECITALS:
WHEREAS,MSU OOZB I.LLC is the record owner("Owner")of the following described real
property:
Lot 1 &2,Block 1 of Allison Subdivision Phase 4A
Located in NEIA of Section 24,Township 02 South,Range 05 East,
P.M.M of City of Bozeman,Gallatin County,Montana
and
WHEREAS, Owner has determined that it is in its best interest to establish, declare, and enter
into a mutual drainage easement and agreement for the development of the Properties described
above as part of a general plan development;
NOW,THEREFORE,a mutual drainage easement for surface and subsurface drainage purposes
in,through,under and across the Properties is hereby established,declared and granted.
THAT this common mutual drainage 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 states that this easement is
appurtenant to the above-described Property, shall run with the land,and shall be for the benefit
of and inure to the Owner,its successors and assigns,their agents,employees,tenants,and guests
of tenants,and shall burden their respective parcels,perpetually.
THAT the subsequent owners and their heirs, successors and assigns covenant and agree to be
responsible for the maintenance and repair of their respective portions of the easement.
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 drainage of their respective properties.
The Owners have executed this mutual access easement and agreement on the day and
year first written above.
Dated this 7-1_day of 0eJA*6,20.11
The Bootes Mutual Drainage Easement and Agreement
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Gib TOR—MSU QQZB I.LLC
By:_ n i
its:MpV DA 6ir
STATE OF�1706bw )
)ss.
County of ACIOL-
t
On this On 5 day of tam 6ec ,202*5,before me the undersigned,a Notary
Public for the State of Tda_l'o ,personally appeared Ta�(r r =r ,
known to me to be fiAAAnAe-er of f1hS k t�QZ B1., L-LC— and the person
whose name is subscribed to the within instrument and acknowledged to me that he executed the
within instrument.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
(Printed Name)
(SEAL) Notary Public for the State of -ko
Residing at Ae'%,L wc-'" D
SHARI VAUGHAN My Commission Expires
Notary Public-State of Idaho
Commission Number 20181002
My Commission Expires Jun 1,2024
The Bootes Mutual Drainage Easement and Agreement
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