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Home My WebLink About4a Water Rights Exhibit from Deed 6-7-19 2646897 Page 1 of 6 06/07/2019 02:46:56 PM Fee: $52.00 Eric Semerad - Gallatin County, MT DEED RETURN DOCLIMBff TO: Afflftan Laid Title C M" low W K=h, MT SMS Order NO. / daannent ekcbw icali„e,rn,ded When recorded,return to: NWX, LLC 1735 South 19th Avenue, Suite B Bozeman, MT 59718 DEED FOR VALUABLE CONSIDERATION, the receipt of which is acknowledged, Baxter Ranch Holding, Ltd., a Texas limited partnership, and Estate of Vesta F. Anderson, as Grantors, hereby grant, bargain, sell and convey unto NWX, LLC, a Montana limited liability company, as Grantee, all their right, title and interest in and to certain real property in Gallatin County, Montana, described as follows(collectively,the "Property"): See Exhibit "A" attached hereto Together with all and singular the hereinbefore described premises, all tenements, hereditaments and appurtenances thereto belonging to or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and also all the estate, right, title and interest, right of dower and right of homestead, possession, claim and demand whatsoever, as well as in law as in equity, of Grantors of, in or to the Property, and every part and parcel thereof, TO HAVE AND TO HOLD the same, together with all rights and appurtenances to the same belonging, to the extent not encumbered, restricted or reserved as contemplated by this Deed, unto Grantee and its heirs, successors and assigns forever, SUBJECT ONLY TO THOSE MATTERS SET FORTH ON EXHIBIT "B" ATTACHED HERETO. Grantors hereby covenant that they and their successors and assigns shall and will WARRANT AND DEFEND the title unto the Property unto Grantee, and its successors and assigns, forever against the lawful claims of all persons claiming by, through or under Grantors, excepting, however, the matters on Exhibit "B", the general taxes for the year 2019 and thereafter, and special taxes becoming a lien after the date of this Deed. FURTHER, by their execution hereof Grantors hereby reaffirm their obligations referenced and described in the Abstract of Amendment to Real Estate Sale Contract recorded on April 10, 2019, a Document No. 2641968, records of Gallatin County, Montana and agree that Deed-Baxter Ranch Holding,Ltd.&Estate of Vesta F.Anderson to NWX,LLC 2280285.5 Page 1 2646897 Page 2 of 6 06/07/201 9 02:46:56 PM the obligations referenced and described therein and in the Amendment to Real Estate Contract described therein survive the delivery and recordation of this Deed. IN WITNESS WHEREOF, Grantors have hereunto set their hands and seals the day and year first hereinbefore written. Ranch Baxtet'Holding, Ltd., a Texas limited partnership By: 5DV Enterprises,Ltd., its General Partner By: L - Ann M. Allen,Manager Estate of Vesta F. Anderson By: Spencer N. Anderson Personal Representative STATE OF TEXAS ) :ss. 04 County of Comal ) On this day o 2019 before me,the undersigned,a Notary Public for the State of Texas,perso y ap peared Ann M.Allen,Manager of 5DV Enterprises,Ltd..,known to me to be the person whose name is subscribed to this instrument and acknowledged to me that she executed the same. *General Partner of Baxter Ranch Holding, Ltd. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year in this certificate first above written. COLLEEN MAK PR1MM not name ryPubl'K.Sfofaol otary Public forthe State of Texas Convft E pk+t 09-18'2020 esiding at Texas Notary it) 13078504-3 y Commission Expires: ® Deed-Baxter Ranch Holding,Ltd.&Estate of Vesta F.Anderson to NWX,LLC 2280285.5 Page 2 2646897 Page 3 of 6 06/07/201 9 02:46:56 PM the obligations referenced and described therein and in the Amendment to Real Estate Contract described therein survive the delivery and recordation of this Deed. IN WITNESS WHEREOF, Grantors have hereunto set their hands and seals the day and year first hereinbefore written. Baxter Holding, Ltd., a Texas limited partnership By: 5DV Enterprises, Ltd., its General Partner By: Ann M. Allen, Manager Estate of Vesta F. Anders By: Spencer N. Anderson Personal Representative STATE OF TEXAS ) :ss. County of Comal ) On this,day of , 2019 before me, the undersigned, a Notary Public for the State of Texas,personally appeared Ann M. Allen, Manager of 5DV Enterprises, Ltd.,known to me to be the person whose name is subscribed to this instrument and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year in this certificate first above written. [print name] Notary Public for the State of Texas Residing at , Texas My Commission Expires: Deed-Baxter Ranch Holding,Ltd.&Estate of Vesta F.Anderson to NWX,LLC 2280285.5 Page 2 2646897 Page 4 of 6 06/07/201 9 02:46:56 PM STATE OF MONTANA } :ss. County of Gallatin ) On this J Way of ww� , 2019 before me,the undersigned, a Notary Public for the State of Montana, personally appeared Spencer N. Anderson, Personal Representative of the Estate of Vesta F. Anderson, known to me to be the person whose name is subscribed to this 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 in this certificate first above written. CRESTASiiPIDLIidG i'AHil7 ROTARY PUBUC for to Stye of Wiontano [print name =. Ba�anen,SEAL ;` R n %%na Notary Public for the State of Montana z r ry commhNion E roo Residing at , Montana "�ffl.W Eebru o!, My Commission Expires: Deed-Baxter Ranch Holding,Ltd.&Estate of Vesta F.Anderson to NWX,LLC 2280285.5 Page 3 2646897 Page 5 of 6 06/07/201 9 02:46:56 PM Exhibit "A" to Deed Parcel 1 Tract 5 of Certificate of Survey No. 2552, a Tract of Land being the N'/2 of Section 4, and the E%2NE'/ of Section 5, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. Parcel 2: Water Rights Being Conveyed (1) A One Hundred percent(100%) interest in Water Right Number: 41 H 139913-00- Groundwater/well -20 gpm, dated December 31, 1918. (2) A One Hundred percent (100%) interest in Water Right Number: 41H C115493 - Groundwater/well - 12 gpm, dated March 23,2001. (3) A Fifty percent(50%) interest in Water Right Number: 4 1 H 13 9915-00- Stock water, Baxter Creels- 30 gal/day/animal unit,dated December 31, 1918. (4) A Twenty-Eight and Fifty-Seven One Hundredths percent (28.57%) interest in Water Right Number: 41H 126871-00- Irrigation,Baxter Creek- 3.75 cfs, dated April 25, 1877. (5) A Forty percent(40%)interest in Water Right Number: 41 H 138937-00- Irrigation/Farmers Canal, West Gallatin - 1 cfs,dated June 15, 1870. (6) In addition to the water rights in the Farmers Canal referenced in (5) above, one and two- thirds (1 2/3) additional ownership shares in Farmers Canal,which Grantor believes are evidenced by Certificate Nos. 1 &2. The water rights being conveyed in the Farmers Canal pursuant to this item (6) are being conveyed without any warranty of title by Grantor. (7) Any and all other water rights owned by Grantor and associated with the Property. Deed-Baxter Ranch Holding,Ltd.&Estate of Vesta F.Andcrson to NWX,LLC 2280285.5 Page 4 2646897 Page 6 of 6 06/07/201 9 02:46:56 PM Exhibit "B" to Deed Permitted Excevtions: (1) All applicable building, use, zoning, health, sanitation, environmental and similar laws, restrictions, ordinances, rules and regulations as well as all waivers or agreements given to or entered into with governmental entities. (2) All general and special taxes and assessments for the year 2019 and subsequent years. (3) Any right, title, or interest in minerals in or under said land including, but not limited to, metals, oil, gas, coal, other hydrocarbons, sand gravel or other common variety materials, stone, mineral rights, mining rights, easement rights, water rights, claims of title to water or other matters relating thereto, whether expressed or implied and whether or not shown by the public records. (4) Public Street & Utility Easement & Fill Slope Easement recorded au ` , 2019, as Document No. Ike 4Le S u), records of Gallatin County, Montana. (5) Right of Way for any portion falling within Baxter Lane. (6) Agreement recorded May 4, 1950 in Book 14, page 122, records of Gallatin County, Montana, including the terms and provisions therein. (7) Right-of-Way Easement to The Montana Power Company recorded December 8, 1986 in Film 95, page 273, records of Gallatin County, Montana, including the terms and provisions therein. (8) Pipeline Easement to Northwestern Corporation DB/A Northwestern Energy recorded April 21, 2009, as Document No. 2327940, records of Gallatin County, Montana and Re- recorded May 8, 2009, as Document No. 2329665, including the terms and provisions therein. (9) Temporary Construction Easement between Estate of Vesta F. Anderson& Baxter Ranch Holding, Ltd., as Grantors to Bozeman High School District 7, as Grantee, recorded May 10, 2019, as Document No. 2644441, records of Gallatin County, Montana, including the terms and provisions therein. (10) All reservations or exceptions of record or in patents from the United States or the State of Montana. (11) All existing easements and rights-of-way on file in the records of Gallatin County, Montana. Deed-Baxter Ranch Holding,Ltd.&Estate of Vesta F.Anderson to NWX,LLC 2280285.5 Page 5