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HomeMy WebLinkAboutAPPENDIX J.12_Irrigation easement After recording return to: Buffalo Run Bozeman LLC 5400 Fowler Ln Bozeman, MT 59718 IRRIGATION EASEMENT BOZEMAN HAUS TWO LCC, GRANTOR, in consideration of One Dollar ($1.00) and other good and valuable consideration, receipt of which is acknowledged, grants to the BUFFALO RUN BOZEMAN, LLC, located at 5400 Fowler Lane, Bozeman, Montana 59715, GRANTEE, its successors and assigns, an easement for public drainage purposes, in, through and across the following described real property situated in Gallatin County, Montana, more particularly described as follows and on the attached Exhibit "L": Irrigation Easement in and through the property, Situated in Tract 1 of Certificate of Survey 2074, in the SW1/4 of Section 23, Township 2 South, Range 5 East, Principal Meridian, City of Bozeman, Gallatin County, Montana. The GRANTOR warrants that it is lawfully seized and possessed of the real property described above, that it has lawful right to convey the property, or any part of it, and that it will forever defend the title of the property against the claims of all persons. The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR. The terms, covenants and provisions of the easement and agreement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. Dated this ______ day of ___________, 20 . GRANTOR: BOZEMAN HAUS TWO LCC By: ____________________ 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 of and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of . 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 at My Commission expires / /20 GRANTEE: BUFFALO RUN BOZEMAN, LLC By: ____________________ 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 of and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of . 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 at My Commission expires / /20 N0°06'25"W 665.51'N89°51'57"E 1331.58'S89°51'57"W 20.00'S0°08'03"E 12.00'N0°08'03"W 32.00'N89°51'57"E 220.20'S89°51'57"W 220.20'N0°08'03"W 43.00'S0°08'03"E 63.00'N89°51'57"E 20.00'S0°01'33"W 665.57'S89°51'57"W 748.05'651300SCALE IN FEET©PROJECT NO.FIGURE NUMBERCOPYRIGHT MORRISON-MAIERLE,2022Plotted by nick mcmichael on Jan/26/2022DRAWN BY:DSGN. BY:APPR. BY:DATE:engineers surveyors planners scientistsMorrisonMaierle2880 Technology Blvd WestBozeman, MT 59718406.587.0721www.m-m.netN:\6475\005 - Buffalo Run - Site Plan\ACAD\Survey\EASEMENTS\6475005 Easement Exhibit Temporary Access Easement.dwg 6475.005EX. LIRRIGATION EASEMENTTRACT 1 OF CERTIFICATE OF SURVEY 2074LOCATED IN THE SOUTHWEST 1/4 SECTION 23,TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANABOZEMANMONTANANMMMGNM01/2022SURVEYOR'S CERTIFICATEI, Nicholas J. Dougherty-McMichael, Professional Land Surveyor, LicenseNo. 72686LS, do hereby certify that I conducted this easement survey.Dated this ______ day of ____________, 2022___________________________Nicholas J. Dougherty-McMichael, PLSMT Reg. # 72686LSMorrison-MaierleEXHIBIT LA IRRIGATIONEASEMENT IN,THROUGH ANDACROSS THEPROPERTY,SITUATED IN TRACT 1OF CERTIFICATE OFSURVEY NO. 2074,GALLATIN COUNTY,MONTANA.30' EXISTINGR.O.W.20' EXISTINGR.O.W.DOC. # 273132110' EXISTINGP.U.E.DOC. # 2731321POINT OF BEGINNINGIRRIGATION EASEMENTPOINT OF COMMENCEMENTIRRIGATION EASEMENTFOWLER LANE (60')IRRIGATION EASEMENTCommencing at the Southeast corner of Tract 1 of Certificate of Survey 2074, being the Point of Commencement; thence S89°51'57”W along the Southern boundary of Tract 1 of Certificate ofSurvey 2074 a distance of 748.05 feet to the Southeast corner of Irrigation Easement, being the Point of Beginning; thence S89°51'57”W along said Southern tract boundary a distance of 20.00feet; thence N00°08'03”W a distance of 32.00 feet; thence N89°51'57”E a distance of 220.20 feet; thence N00°08'03”W a distance of 43.00 feet; thence N89°51'57”E a distance of 20.00 feet;thence S00°08'03”E a distance of 63.00 feet; thence S89°51'57”W a distance of 220.20 feet; thence S00°08'03”E a distance of 12.00 feet to the Point of Beginning.Said easement contains 0.14 acres, more or less.TIE LINE ONLYTRACT 1CERTIFICATE OF SURVEY 2074N 1/2 SW 1/4 SW 1/4 SEC. 23, T.2S.,R.5E., P.M., GALLATIN COUNTY, MT