HomeMy WebLinkAbout14.0 Conservation Easement [West] DEED OF CONSERVATION EASEMENT
Ti JS GRANT DEED OF CONSERVATION EASEMENT ("Easement") is made
this 3J day of t ce„„L¢ - . 1997, by Fred G. and Mae M. Happel, of 4700 Gooch
Hill 19oad._ „ zeman Montana. 59718, their heirs, personal representatives,
successors, and assigns (collectively referred to as "Grantor"), and GALLATIN VALLEY
LAND TRUST, a non-profit Montana corporation with a principal office at 105 West
Main Street, Suite B, P.O. Box 7021, Bozeman, Montana 59715 (hereinafter referred
to as "Grantee");
BEQITAL $ :
WHEREAS, Grantor is the sole owner of certain real property in Gallatin County,
Montana, more particularly described in Exhibit A attached hereto and made a part
hereof by reference (hereinafter the "Property"); and,
WHEREAS, the Property has significant natural habitat, scenic and open space
values as recognized in the Montana Open Space Land and Voluntary Conservation
Easement Act, Montana Code Annotated (MCA) Section 76-6-101, et seq.; and,
WHEREAS, the Property constitutes a valuable element of the natural habitat of
the Gallatin Valley, and its scenic, open space, and ecological values, including flora,
fauna, soils, water resources, and habitat for various species of wildlife (hereinafter the
"Conservation Values"), which are of great importance to Grantor and to the people of
the State of Montana, and are worthy of preservation; and,
WHEREAS, Grantor desires and intends that the Conservation Values of the
Property be preserved and maintained by a continuation of land uses that will not
substantially impair those Values; and,
WHEREAS, the State of Montana has recognized the importance of private
efforts toward voluntary conservation of private lands in the state by the enactment of
MCA Sections 76-6-101, et w ., and 76-6-201, et s .; and
WHEREAS, Grantee is a qualified organization under MCA Sections 76-6-104
(5) and 76-6-204, organized to conserve land for natural habitat, scenic, and open
space purposes, and is an organization described in Section 170 (h) (3) of the Internal
Revenue Code of 1986 (hereinafter the "Code") qualified to receive and hold
conservation easements;
NOW THEREFORE, in consideration of the mutual covenants contained herein,
and, further, pursuant to MCA Section 76-6-201, Ig seg., Grantor does hereby grant
and convey to Grantee, and its successors and assigns, this Easement in perpetuity,
consisting of the rights hereinafter enumerated, on, over and across the Property
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SECTION I f 1!� 1�0 H�k 1140
Purpose and Generof Effect of Easement
A. Purpose. It is the purpose of this Easement to assure that the Conservation
Values will be maintained forever and to prevent any use of or activity on the Property
that will significantly impair those Values. Grantor intends that this Easement will limit
the use of the Property to such activities as are consistent with that purpose (including -
farming, ranching and other agricultural uses; hunting, fishing, outfitting, and other =
recreational uses).
S. Perpetual restrictions. This Easement shall run with and burden title to the
Property in perpetuity, and shall bind Grantor and all future owners and tenants
C. Dedication. The Property is hereby declared to be open space and natural
land, and may not, except as specifically provided herein, be converted from open
space and natural land.
SECTION 11
Rights Cg-nvgyed
The rights conveyed by this Easement to the Grantee are the following:
A. Identification and pr9igoiQn. To identify, and to preserve and protect in
perpetuity the Conservation Values, subject, however, to Grantor's reserved rights as
herein provided and further subject to all third party rights of record in the Property
existing at the time of conveyance of this Easement and not subordinated to this
Easement.
B. Access. Upon prior notice to Grantor,to enter upon the Property to inspect
the same and to monitor Grantor's compliance with the terms of this Easement, to a
manner that will not unreasonably interfere with the use of the Property by Grantor
Aside from the rights of access granted in the preceding sentence of this paragraph B,
this Easement does not grant to Grantee, nor to the public, any rights to enter upon the
Property.
C. ,li' r�nctjQn and restoration. To enjoin any activity on, or use of, the Property
which is inconsistent with the purpose of this Easement and to enforce the reasonable
restoration of such areas or features of the Property as may be damaged by such
activity or use.
SECTION III
Prohibited Lion and Elavenfod Hight
A. Prohibited uses. Any activity on or use of the Property that is inconsistent
with the terms of this Easement or the Conservation Values of the Property is
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prohibited. Without limiting the generality of the foregoing sentence, the activities and
uses described in Exhibit B, attached hereto and incorporated by this reference, are
expressly prohibited. -
B. Reserved rights. Grantor reserves to himself, and to his personal
representatives, heirs, successors and assigns, all rights accruing from his ownership
of the Property, including the right to engage in or permit or invite others to engage in
all uses of the Property that are not expressly prohibited herein and are not -
inconsistent with the terms of this Easement or the Conservation Values of the
Property. Without limiting the generality of the foregoing sentence, those uses and
practices described in Exhibit C, attached hereto and incorporated by this reference,
are expressly permitted.
SECTION IV
Prior Notice by Grantpr jnd rov I f Grantee
Any enterprise, use, or activity proposed to be done or undertaken by Grantor
which requires the prior approval of Grantee pursuant to an express provision of this -
Easement (including any provision of Exhibit B or Exhibit C) shall be commenced only
after satisfaction of the notice and approval conditions of this Section IV.
A. ntor' written notice. Prior to the commencement of any enterprise, use,
or activity requiring Grantee's approval, Grantor shall send Grantee written notice of
his intention to commence or undertake such enterprise, use, or activity. Said notice
shall inform Grantee of all aspects of such proposed enterprise, use, or activity,
including, but not limited to, the nature, siting, size, capacity and number of structures,
improvements, facilities or uses, as applicable.
B. Grantee's address. Said notice shall be sent by registered or certified marl,
return receipt requested, and shall be addressed to Grantee at 105 West Main Street,
Suite B, P.O. Box 7021, Bozeman, Montana 59715, or to such other address as
Grantor from time-to-time may be informed of in writing by Grantee.
C. Grantee's rgsgons% Grantee shall have thirty (30) days from the receipt of
such notice, as indicated by the registered or certified return receipt, to review the
proposed enterprise, use or activity and to notify Grantor of any objection thereto.
Such objection, if any, shall be based upon Grantee's opinion that the proposed
enterprise, use or activity is inconsistent with the purpose of this Easement or the
Conservation Values of the Property. If, in Grantee's judgment, conformity with the
purpose of this Easement is possible, said notice shall inform Grantor of the manner in
which the proposed enterprise, use or activity can be modified to be consistent with
this Easement. Except as provided in paragraph E of this Section 1V, only upon
Grantee's express written approval may the proposed enterprise, use, or activity be
commenced and/or conducted, and only in the manner explicitly represented by
Grantor and approved by Grantee.
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D. Grantor's a dre$s. Grantee's response to Grantor's notice shall be sent by
registered or certified mail, return receipt requested, to Grantor at 470D Gooch Hill
Road. Dozeman. Montana. 59718. or to such other address as Grantee from time-to-
time may be informed of in writing by Grantor.
E. rantee' f ilure to r s ond. Should Grantee fail to post its response to
Grantor's notice within thirty (30) days of the posting of said notice, the proposed
enterprise, use or activity shall automatically be allowed, whether or not consistent
with the purpose of this Easement, Grantee having no further right to object to the
enterprise, use or activity identified by such notice.
F. Acts beyond Grantor's control. Grantor shall be under no liability or
obligation for any failure in the giving of notice with regard to any prudent action taken
by Grantor under emergency conditions or threat of emergency to prevent, abate, or
mitigate significant injury to the Property or to any person resulting from causes
beyond Grantor's control, including, without limitation, fire, flood, storm, and earth
movement, or from any other cause beyond the control of Grantor similar to those -
occurrences specified.
SECTION V
Breach and Restoration
A. rant r m di s. if Grantee determines that Grantor or a third party
acting with Grantor's knowledge or consent is in violation of the terms of this
Easement, Grantee shall give written notice to Grantor of such violation. In said notice
of violation, Grantee shall demand corrective action sufficient to cure the violation, and,
where the violation involves injury to the Property resulting from any use or activity
inconsistent with the purpose of this Easement, Grantee shall demand corrective
action to restore the portion of the Property so injured. If Grantor.
(i) fails to cure the violation within thirty (30) days after receipt of notice
thereof from Grantee, or,
(ii) under circumstances where the violation cannot reasonably be cured
within a thirty (30) day period, fails to begin curing such violation within thirty (30) days
of the date mutually agreed to between Grantor and Grantee as the date when efforts
to cure such violation can reasonably begin, or,
(iii) fails to continue diligently to cure such violation until finally cured,
Grantee may bring an action at law or in equity in a court of competent jurisdiction to
enforce the terms of this Easement, to enjoin the violation by temporary or permanent
injunction, to recover any damages to which it may be entitled for violation of the terms
of this Easement, and to require the restoration of the Property to the condition that
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existed prior to any such injury.
FtIM i80 ff"tii43
If Grantee, in its sole discretion, determines that a violation is threatened or
imminent and that circumstances require immediate action to prevent or mitigate
significant damage to any Conservation Value, Grantee may pursue its remedies
under this paragraph without giving the notice required or without waiting for the
period provided for cure to expire. Grantee's rights under this paragraph apply equally
in the event of either actual or threatened violations of the terms of this Easement.
Grantor agrees that Grantee's remedies at law for any violation of the terms of this
Easement are inadequate and that Grantee shall be entitled to the injunctive relief
described in this paragraph, both prohibitive and mandatory, in addition to such other
relief to which Grantee may be entitled, including specific performance of the terms of
this Easement, without the necessity of proving either actual damages or the
inadequacy of otherwise available legal remedies. Grantee's remedies described in
this paragraph shall be cumulative and shall be in addition to all remedies now or
hereafter existing at law or in equity.
B. Costs of enforcement. Any costs incurred by Grantee in enforcing the terms
of this Easement against Grantor, including reasonable costs of suit and reasonable
attorneys' fees, and any costs of restoration necessitated by Grantors violation of the
terms of this Easement shall be bome by Grantor. If Grantor prevails in any action to
enforce the terms of this Easement, Grantor's reasonable costs of suit, including
reasonable attorneys' fees, shall be borne by Grantee.
C. Grantee'mdisc�i n. Enforcement of the terms of this Easement shall be at
the discretion of Grantee, and any forbearance by Grantee to exercise its rights under
this Easement in the event of any breach of any provision of this Easement by Grantor
shall not be deemed or construed to be a waiver by Grantee of such provision or of
any subsequent breach of the same or any other provision of this Easement or of any
of Grantee's rights under this Easement. No delay or omission by Grantee in the
exercise of any right or remedy upon any breach by Grantor shall impair such right or
remedy or be construed as a waiver.
D. AAss and Grantor's control, Nothing contained in this Easement shall be
construed to entitle Grantee to bring any action against Grantor for any injury to or
change in the Property resulting from causes beyond Grantor's control, including,
without limitation, fire, flood, storm, and earth movement, or from any prudent action
taken by Grantor under emergency conditions or threat of emergency to prevent,
abate, or mitigate significant injury to the Property resulting from such causes.
E. Mediation. Grantor and Grantee agree that mediation offers an alternative to
the expense and time required to resolve disputes by litigation. Mediation is therefore
the parties' preferred dispute resolution procedure when circumstances do not require
Grantor or Grantee to seek immediate injunctive relief from the courts. In the event of
any dispute between Grantor and Grantee over the meaning, requirements,
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interpretation, or implementation of the Easement, Grantor or Grantee may refer the
dispute to mediation by written request served upon the other party. The non-
requesting party shall have ten (10) days after receipt of a mediation request to
consent thereto or to refuse to mediate the dispute.
(a) Procedure. Within ten (10) days after Grantor and Grantee agree to
mediation of a dispute, the parties shall mutually select a mediator. Mediation
hearings shall remain informal, with each party being permitted to present such facts
and evidence as it may reasonably believe supports that party's position. Costs and
expenses of mediation shall be divided equally between Grantor and Grantee.
(b) Limitations. Notwithstanding any provision to the contrary, the mediation
procedure set forth herein shall in no way be construed to deprive Grantor and
Grantee from any judicial remedies provided at law, or by agreement herein, and is
intended solely as an informal dispute resolution mechanism. Neither Grantor nor
Grantee shall have the right to compel performance of the mediator's recommended
solutions, unless such solutions are reduced to a binding written Agreement between
Grantor and Grantee at the conclusion of the mediation process.
The parties hereto intend that each conflict and dispute submitted to mediation
shall be unique, with facts, circumstances, and recommended resolutions to be
determined on a case-by-case basis, without reference to prior conflicts, disputes, or
the resolutions thereto.
SECTION VI
Costs and Taxes
Grantor shall bear all costs and liabilities of any kind related to the ownership,
operation, upkeep and maintenance of the Property, including responsibility for the
control of noxious weeds in accordance with Montana Law. Grantor shall pay any and
all taxes, assessments, fees, and charges levied by competent authority on the
Property, except any tax or assessment on this Easement herein granted. Any lawful
tax or assessment on this Easement shall be paid by Grantee.
SECTION VII
Indemnities
Grantor shall hold harmless, indemnify, and defend Grantee and its directors,
officers, employees, agents, and contractors and the heirs, personal representatives,
successors and assigns of each of them (collectively "Indemnified Parties") from and
against all liabilities, penalties, costs, losses, damages, expenses, causes of action,
claims, demands, or judgments, including, without limitation, reasonable attorneys'
fees, arising from or in any way connected with (i) injury to or the death of any person,
or physical damage to any property, resulting from any act, omission, condition, or
other matter related to or occurring on or about the Property, regardless of cause,
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except to the extent of the adjudicated proportionate fault of any of the Indemnified
Parties; (ii) the obligations specified in Section Vi; and, (iii) the obligations arising from
past, present or future presence of any hazardous substance on the Property, and any
obligation associated with the cleanup of any such hazardous substance or the
containment of its impact.
For purposes of this Easement,the term "hazardous substance" means (i) any
chemical, compound, material, mixture or substance that is now or hereafter defined or
listed in, or otherwise classified pursuant to any federal, state or local law, regulation
or ordinance as a "hazardous substance," "hazardous material," "hazardous waste,"
"extremely hazardous waste," "infectious waste,""toxic substance," "toxic pollutant,"or
any other formulation intended to define, list or classify substances by reason of
deleterious properties such as ignitability, corrosivity, reactivity, carcinogenicity,
toxicity, reproductive toxicity, or"EP toxicity" and (ii) any petroleum, natural gas, natural -
gas liquid, liquified natural gas, synthetic gas usable for fuel (or mixtures of natural gas
and such synthetic gas), ash produced by a resource recovery facility utilizing a
municipal solid waste stream, and drilling fluids, produced waters, and other wastes
associated with the exploration, development or production of crude oil, natural gas, or
geothermal resources.
Except to the extent of the adjudicated proportionate fault of Grantor or its
agents or employees, Grantee shall hold harmless and indemnify Grantor and its
agents, employees, personal representatives, successors and assigns from and
against all liabilities, claims, penalties, costs, demands or judgments, including
reasonable attorneys fees, arising from or in any way connected with injury to
employees, agents, officers, or directors of Grantee while on the Property in the course
of carrying out the duties and obligations of Grantee under the terms of this Easement.
SECTION Vlll
Assignment_of�Easement
This Easement and its benefits shall be assignable, but Grantee may not
transfer or assign its interest in the Property created by this Easement except to a
"qualified organization," within the meaning of Section 170 (h) (3) of the Code. Any
such qualified organization shall agree to enforce in perpetuity the conservation
purpose of this Easement.
SECTION IX
RegQurrze Data
Grantors have made available to Grantee prior to the execution of this
Easement information sufficient to document the condition of the natural resources of
the Property at the time of the grant of this Easement. The parties acknowledge that
this information shall be compiled and developed into a final resource documentation
report as soon as is practically feasible after the grant of this Easement. The parties
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have signed a written acknowledgement, appended hereto as Exhibit D and -
incorporated herein by this reference, that the information compiled prior to the time of
the grant of this Easement, which shall be incorporated into the final resource
documentation report, accurately represents the condition of the Property as of the
date of the grant of this Easement in accordance with Treasury Regulation 1.170A-14
(g) (5) (i). The final resource documentation report shall be on file with Grantee.
The parties intend that the resource data shall be used by Grantee to monitor
Grantors' future uses of the Property and practices thereon. The parties agree that, in
the event a controversy arises with respect to the biological or physical condition of the
Property or a particular resource thereof, the parties shall not be foreclosed from
utilizing any other relevant document, survey, or report to assist in the resolution of the
controversy. The parties further agree that if the final resource documentation report
contains any summaries of, or representations about, the terms of the conditions of this
Easement, any conflict or inconsistency between the terms and conditions of this
Easement and the final Easement documentation report shall be governed by the
express terms and conditions contained herein and not in the final easement
documentation report.
SECTION X -
Extinguishment: Grantee's Entitlement tp Proceeds -
A. Extinguishment. If circumstances arise in the future which render the
purpose of this Easement impossible to accomplish, this Easement may only be
terminated or extinguished, (as provided for in Treasury Regulations Section 1.170A-
14 (g) (6) (i) ) whether in whole or in part,by judicial proceedings in a court of
competent jurisdiction, and the amount of the compensation to which Grantee shall be
entitled from any sale, exchange, or involuntary conversion of all or any portion of the
Property, subsequent to such termination or extinguishment, shall be determined,
unless otherwise provided by Montana law at the time, in accordance with paragraph
B of this Section X. Grantee shall use any such proceeds in a manner consistent with
its land conservation objectives.
B. Compensation, This Easement constitutes a real property interest
immediately vested in Grantee, which, for purposes of paragraph A of this Section X,
the parties stipulate to have a fair market value determined by multiplying the fair
market value of the Property unencumbered by the Easement (minus any increase in
value after the date of this grant attributable to improvements) by the ratio of the value
of the Easement at the time of this grant to the value of the Property, without deduction
for the value of the Easement, at the time of this grant. The values referred to in the
preceding sentence shall be those values established by Grantor's qualified appraisal
(pursuant to Treasury Regulation 1.170A-13) for federal income, gift or estate tax
purposes. For the purpose of this paragraph, the ratio of the value of the Easement to
the value of the Property unencumbered by the Easement, as established at the time
of this grant, shall remain constant. Within one (1) year of completion of the qualified
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appraisal, Grantor, Grantee, and Grantor's appraiser shall sign a written
acknowledgement of the values thus established on a form similar to the sample
attached hereto as Exhibit E. The original of said acknowledgment shall be held on
file with Grantee at Grantee's normal place of business.
C. Emingnt Domain and Condemnation. If all or a portion of the Protected
Property is taken in exercise of eminent domain by public, corporate, or other authority,
so as to abrogate the restrictions imposed by this Easement, Grantor and Grantee may
join in appropriate actions to recover the value of each party's proportionate interest in
the Protected Property (or portion thereof) taken, as established by paragraph (B)
above, including the value of the Grantee's Conservation Easement as it pertains to
the condemned property at the time of the taking or condemnation. Grantor and
Grantee shall be entitled to any incidental or direct damages resulting from such taking
or condemnation, in proportion to their interest in the rights which are taken or
condemned and for which such damages are awarded or paid. Any expense incurred
by Grantor or Grantee in any such action shall be first reimbursed out of the recovered
proceeds; the remainder of such proceeds shall be divided between Grantor and
Grantee as set forth above.
SECTION XI
isc 11 neou r vi ions
A. ParrhalinvallicIfty. If any provision of this Easement or the application thereof
to any person or circumstance is found to be invalid, the remainder of the provisions of
this Easement and the application of such provisions to persons or circumstances
other than those as to which ft is found to be invalid shall not be affected thereby.
B. "Grantor"and "Grantee". The terms "Grantor"and"Grantee," as used herein,
and any pronouns used in place thereof, shall mean and include the above-named
Grantor and his/herAheir heirs, personal representatives, executors, successors in
interest and assigns, and the Gallatin Valley Land Trust and its successors and
assigns, respectively.
C. Tdies. Section and paragraph titles and subtitles are for convenience only
and shall not be deemed to have legal effect.
D. SUbsequuenj to nsfers. Grantor agrees that reference to this Easement and
reference to its dates and places of recording in the Public Records of Gallatin
County will be made in any subsequent deed or other legal instrument by which he
conveys any interest in the Property, including any leasehold interest. Grantor further
agrees to attach a copy of this Easement to any deed by which Grantor conveys title to
the Property.
E. Governing law. In the event any dispute arises over the interpretation or
enforcement of the terms and conditions of this Easement, the laws of the State of
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Montana shall govem resolution of such dispute. f N 180 FAf E R48
F. Amendment. If circumstances arise under which an amendment to or
modification of this Easement would be appropriate, Grantors and Grantee are free to
jointly amend this Easement; provided that no amendment shall be allowed that will
affect the qualifications of this Easement under any applicable laws, including Section
76-6-101, et seq., MCA, and the Internal Revenue Code. Any amendment must be
consistent with the conservation purpose of this Easement, may not affect its perpetual
duration, and either must enhance, or must have no effect on, the Conservation Values
which are protected by this Easement. Furthermore, the provisions concerning
valuation of this Easement, which are set forth in Section X above and in Exhibit E,
may not be amended. Any amendment must be in writing, signed by both parties, and
recorded in the official records of Gallatin County, Montana.
G. Liberal nstruction. Any general rule of construction to the contrary -
notwithstanding, this Easement shall be liberally construed in favor of the grant to
effect the purpose of this Easement and the policy and purpose of MCA Section 76-6-
101, fig. If any provision in this instrument is found to be ambiguous, an
interpretation consistent with the purpose of this Easement that would render the
provision valid shall be favored over any interpretation that would render it invalid
H. Enfire Agreement. This instrument sets forth the entire agreement of the
parties with respect to the Easement and supersedes all prior discussions,
negotiations, understandings, or agreements relating to the Easement, all of which are
merged herein.
I. Joint Obligation. The obligations imposed by this Easement upon Grantors
shall be joint and several.
J. S!jccp$sQrs. The covenants, terms, conditions, and restrictions of this
Easement shall be binding upon, and inure to the benefit of the parties hereto and
their respective personal representatives, heirs, successors, and assigns and shall
continue as a servitude running in perpetuity with the Property.
IN WITNESS WHEREOF, Grantor and Grantee have hereunto set their hands
GRANTOR: ',
FRED G. HAPPEL
GRANTOR: `(�}1' 1"I'
MAE M. HA PEL
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fl�� 1g0= fiig9 _
GRANTEE: GALLATIN VALLEY LAND TRUST,
A CORPORATION
BY: 7l, �-'�'r _
MICHAEL LANE, PRESIDENT
STATE OF 1 �`��L��.Yt ) :ss.
COUNTY OF �1ti )
This instrument, including Exhibits A through E, was acknowledged before me
on this day of tJ � I'141'r , 19` , by Fr . and Mae M. Ha e1
74 do
Notary Public for the State of Y
Residing at
My commission expires E z D
STATE OF MONTANA )
ss.
County of
This instrument, includinG Exhibit t�Q ugh E, was acknowledged before me
on this --Q day of �-�J , 19 2 by Michael Lane
as Preliden of the Gallatin Valley Land Trust.
Notary Public far the State of t n
S r Residing at43
-' My commission expires
Qsft 6-
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EXHIBIT A
LEGAL DESCRIPTION
The Southwest Quarter of the Northwest Quarter(SW 114 NW 114) of Section Nine (9)
in Township Two (2) South of Range Five (5), East of the Montana Principal Meridian,
containing 40 acres, more or less
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MIA 190
PA.E 1151
EXHIBIT B
PROHIBITED USES AND PRACTICES
The following uses and practices are hereby deemed to be inconsistent with the
purpose of this Easement, and are expressly prohibited: -
1. Division, subdivision or de facto subdivision on the 70-acre Property. However,
for purposes of describing the uses of this Easement, this Property has been divided
into two parcels. The Home and Ranch Parcel is approximately 7 acres in size and
contains the primary residence and associated outbuildings. The Open Space Parcel
(which includes several acres of fenced pasture) consists of approximately 63 acres,the remainder of this Easement. (See Exhibit A.)
2. Commercial or industrial use of or activity on the Property other than those
relating to agriculture, recreation, home occupations, or other uses as expressly stated
in the Permitted Uses, Exhibit C.
3. Construction of new structures or improvements of any kind on the Open Space
Parcel, including homes and commercial structures, unless specifically set forth in the
Permitted Uses, Exhibit C. Also not allowed are commercial camping
accommodations, tennis courts, swimming pools, mobile homes, nor any other similar
structures.
4. Construction of any new residential or commercial structures on the Horne and
Ranch Parcel. However, improvements and additions to the existing structures
already located in the Home and Ranch Parcel are allowed.
S. Visual impairments, including but not limited to antennas, windmills, water
towers, utility poles or towers, and billboards, may not be constructed on the Property
unless these structures do not, in any way, alter the natural open space viewshed
values of this Easement. Prior to construction of such structures, Grantee must be
consulted and approval must be given in writing. Such approval shall not be
unreasonably withheld.
6. New road construction permitted anywhere on the Property, except as may be
required in the course of any activity permitted herein.
7. Dumping of commercial or industrial waste, garbage nor any toxic waste, in, on,
or under the Property.
8. Alteration of the surface of the land, including, without limitation, the excavation
or removal of soil, sand, gravel, rock, peat, or sod. Exceptions to this covenant would
be for local, limited maintenance on the Property, irrigation ditch repair and wildlife
enhancements (see Permitted Uses #9 and #10, Exhibit C).
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or removal of soil, sand, gravel, rock, peat, or sod. Exceptions to this Covenant would
be for local, limited maintenance on the Property, irrigation ditch repair and for wrldlrfe
enhancements (see Permitted Uses # 9 and 12, Exhibit C).
9 Mining, drilling or exploration for the extraction of minerals of any kind, oil, coal
or other hydrocarbons, fuel or other materials on the surface of the Grantor's land Any
subsurface or shaft mining or drilling (for the purpose of mining any of the above
materials) is also prohibited.
10. Motorized use by the general public, except to gain access into the Home and
Business Parcel.
11. The construction of fences in or around the Open Space parcel in such a
manner which would prevent or materially hinder the movement of wildlife.
12. Locating or operating any feed lots or slaughter houses on the entire Property
13. Manipulation or alteration of the irrigation ditch along the eastern boundary of
the Property, or the creation of new water impoundments or water courses, for any
purpose other than permitted agricultural or residential uses of the property. Nor shalt _
there be any activities which would be detrimental to water quality or which would alter
the natural water level or flow. Before undertaking these measures, a written plan
must be submitted to the Grantee for written approval, such approval not to be
unreasonably withheld.
14. Plowing or cultivating land within 10 feet of the irrigation ditch along the eastern
boundary of the Property. All riparian vegetation which does not constitute noxious
weeds must be allowed to remain as a buffer between the irrigation ditch and the
agricultural fields. However, this covenant may not be allowed to supersede
preexisting agricultural use. In the case where the preexisting agricultural practices
are occurring within the desired 10-foot buffer zone at the time this Easement is
signed, the agricultural use may take precedence.
15. Harassment of wildlife by domestic animals.
EXHIBIT B------____—----------------------------------_
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EXHIBIT C f 110 19O WFU53
PERMITTED USES AND PRACTICES
The following uses and practices are hereby deemed to be consistent with the
purpose of this Easement, and are expressly permitted:
1. To use the Property for all purposes not inconsistent with this Easement _
generally and the specific covenants set forth within.
2. To sell, give, mortgage or otherwise convey the Property subject to the terms of
this Easement.
3. To construct one small, non-residential barn to provide shelter and equipment
storage. This new bam must be located within the Open Space Parcel and within 100
feet of the fenced perimeter of the Home and Business Parcel.
Also, replacing existing structures on the Home and Business Parcel is
permitted. Grantee will be notified about the siting of any replacement structures prior
to finalizing plans and beginning construction.
4. To make improvements to and additions on any structures in the Home and
Business Parcel.
5. To maintain the one existing driveway, specifically serving as access
to the Home and Business Parcel. Also, constructing one additional driveway on the
Home and Business Parcel is allowed, with advance notice being given to the
Grantee.
6. To use the existing commercial meat packing business either for its present
purpose or for a different business purpose so long as the purpose and practice of this
new business does not impair the Conservation Values.
7. To maintain and repair all irrigation ditches and agricultural water systems and
to replace water diversion systems with similar ditches in the same general locations, if
this becomes necessary. Before undertaking these measures, a written plan must be
submitted to the Grantee for written approval, such approval not to be unreasonably
withheld.
8. To use or lease the Property for agricultural use, provided the agricultural
practices do not adversely affect the the Conservation Values or are otherwise
inconsistent with this Easement. Agricultural use, is described as the cultivation of
crops including but not limited to nursery stock, orchard, grass seed, hay, grain, and
pasture, or the raising of domestic animals.
9. To make any needed repairs on the irrigation ditch and to remove vegetation
impeding the clear flow of ditch water.
15
ftM 180?M i S4 -
10. To drive off road within the Property for agricultural purposes, necessary
maintenance activities, or recreational activities consistent with this Easement Off-
road vehicle use that results in soil erosion is strictly forbidden.
11. To enhance and/or restore areas within the Property, including but not limited to
the planting of trees, shrubs and forts, for wildlife and conservation values
12. To construct, replace or improve a well or wells on the Property for domestic,
livestock, irrigation, and/or wildlife enhancement purposes. Also, the right to develop
future stock watering sites away from the irrigation ditch.
13. To construct, maintain, repair, replace and/or remove fences within and around
the Open Space Parcel. Also, the right to construct interior division fence lines for -
agricultural purposes. Specifically, the fenced pasture area may be expanded Such
fences may not be constructed in such a manner which would prevent or materially
hinder the movement of wildlife.
14. To allow weed control by manual techniques, ground spraying, limited aerial
spraying, and/or biological control in accordance with recommended specifications by
manufacturer. Use of biocides or fertilizers are limited to only those amounts and to
only that frequency of application necessary. Such use shall be most carefully
circumscribed near all surface water, particularly the irrigation ditch.
15. To burn and to use controlled burning as a vegetative management tool
16. To allow overnight camping on the Property, by permission only. Campfires are
allowed only if permission has been granted by the Grantor. It is preferable to
minimize the locations of Campfires and to contain them within an established fire pit
17. To allow hunting or trapping on the Property, by permission of the Grantor
18. To allow public access on the Property, with permission from
the Grantor.
19. To place several small signs at the borders of the Property advertising that there
is a conservation easement on the property, held by the Gallatin Valley Land Trust
w��__---------------------------------------END EXHIBIT C---------------------------------------
1fi
EXHIBIT D -
ACKNOWLEDGEMENT OF INSPECTION OF RESOURCE DATA
KNOW ALL PERSONS BY THESE PRESENTS, that Fred G. and Mae M _
Happel of Bozeman, Montgn , as Grantor of the Easement to which this Exhibit D is -
attached and into which it is incorporated by reference, and GALLATIN VALLEY
LAND TRUST of Bozeman, Montana, as Grantee of said Easement, hereby mutually
acknowledge, declare, and agree as follows:
1. Grantor has made available to a representative of Grantee prior to the
grant of this Easement, information sufficient to document the condition of the natural
resources and conservation interests associated with the Property which is subject to
this Easement.
2. A representative of Grantee has collected and compiled data sufficient to
establish the condition of the Property as of the date of the grant of this Easement
3. The data collected to be included in a final resource documentation _
re ort was compiled by a representative of Grantee on a site visit to the Property on
brand consists of the following: Discussion of plant communities,
wildlife habitat, water resources, and ecological features; discussion of land uses and
condition of the Property's natural resources; and photographs of structures,
developments, improvements, and other cultural features.
4. Grantor and Grantee mutually acknowledge and agree that this
information constitutes an accurate representation of the Property to be subject to this
Easement at the time of its grant.
5. Additional information and documentation will be gathered as historical
government and archival documents and aerial photographs are made available to
Grantor and Grantee.
6. Grantor and Grantee further agree that a final resource documentation
report shall be completed from the above-mentioned information no later than nine (9)
months after the grant of this Easement to Grantee. Upon its completion, the final
resource documentation report shall be reviewed and approved in final form by both
Grantor and Grantee, and shall be on file with Grantee in Grantee's normal place of
business.
DATED this day of 0-4z,rn L-r 19
17
film 18U�'�r115�
GRANTOR: GRANTEE -
GALLATIN VALLEY LAND TRUST
BY -
FRED G. HAP MICHAEL LANE, PRESIDENT
GRANTOR:
MAE M. HAPPE
�e
I
ON 180?ht,E1157
EXHIBIT E
SAMPLE OF FORM TO BE USED FOR
ACKNOWLEDGEMENT OF VALUE OF THE
FRED G. AND MAE M. HAPPEL
CONSERVATION EASEMENT
Fred G. and Mae M. Happel, of 4700 Gooch Hill Road, Bozeman, Montana
5971 aa, Grantor of a Deed of Conservation Easement dated ,
19 and recorded on , 19 at Book , Page
, Records of Gallatin County, Montana, Grantee of said Conservation
Easement, and , appraiser of the property subject to the Conservation
Easement, (hereinafter the `Property"), hereby acknowledge, declare, and agree as
follows:
1. That the value of the Property immediately prior to encumbrance by the
grant of the Conservation Easement was , and the value of the
Property immediately after the conveyance of the Conservation Easement to the
Gallatin Valley Land Trust was
2. Thus, the parties hereto agree that the grant of the Conservation
Easement reduced the value of the Grantor's interest in the Property by
percent ( %).
The original of this Acknowledgement is to be retained in the files of Gallatin
Valley Land Trust, or its successors and assigns, at its normal place of business.
DATE FRED G. HAPPEL
DATE MAE M. HAPPEL
DATE GALLATIN VALLEY LAND TRUST
DATE APPRAISER
19
IND�Exlo ;
�urrl�a ✓
356$e4 THIS INSTRUMENT WAS FILED FOR RECORD IN TUIS OFFICE ON
OFFICE OF COUNTY RECORDER
TIM 71 DAY OF nrr7vRFn , A.D., 19 47
)
COUNTY OF GALLATIN ) AT L,.54. p hI., AND WAS DULY RECORDED IN BOOK 1$0____
STATE OF AIONTANA ) OF MISCELLANEOUS RECORDS, PACiE 1139
Fee $_ _I 14.00 PD _�i s'� MnM RECORDER. BY �W.&44 �fG - DEPUTY
RT: GALLATIN VALLEY LAND TRUST PO ROX 1021 BOZEMAN, MT 59771 a