HomeMy WebLinkAboutAppendix V.4 - BRB Comment and Mot to WD InterestClaimant Buffalo Run Bozeman LLC’s Comment & Withdrawal of Its Interest in
41H 103732-00, 41H 103733-00 and 41H 30151619 – (Case 41H-6002-A-2022) Page 1
Abigail R. Brown
ARB Law Group
PO Box 1182
Helena, MT 59624
(406) 457-5494
office@mtwaterlaw.com
abby@mtwaterlaw.com
Attorney for Buffalo Run Bozeman LLC
IN THE WATER COURT OF THE STATE OF MONTANA
UPPER MISSOURI DIVISION
GALLATIN RIVER BASIN (41H)
PRELIMINARY DECREE
CLAIMANTS: Bozeman Haus Two LLC; Buffalo Run
Bozeman LLC; Elizabeth R. Christensen; Jon C.
Christensen; KDG Holdings LLC; Schaff Family Trust
DTD 5/3/01; Delores J. Van Zyl
CASE 41H-6002-A-2022
41H 103732-00
41H 103733-00
41H 30151619
CLAIMANT BUFFALO RUN BOZEMAN LLC’S COMMENT AND WITHDRAWAL
OF ITS INTEREST IN 41H 103732-00, 41H 103733-00 and 41H 30151619
COMES NOW, Claimant Buffalo Run Bozeman LLC (“BRB”) by and through its
undersigned counsel of record and files the following comments in accordance with the Court’s
Notice of Motion and Filing Deadline for Comments filed on May 25, 2022. BRB further moves
the Court to terminate BRB’s interest in the above-captioned water right claims, removing BRB
as co-owner and its property in the N2SWSW of Section 23 T2S R5E from the Place of Use on
these water rights. An executed Withdrawal of Interest, proposed abstracts for the above-captioned
claims reflecting only BRB’s requested relief, and a copy of BRB’s chain of deeds evidencing title
of BRB’s property and water rights are attached hereto as Exhibit A.
Claimant Buffalo Run Bozeman LLC’s Comment & Withdrawal of Its Interest in
41H 103732-00, 41H 103733-00 and 41H 30151619 – (Case 41H-6002-A-2022) Page 2
As reflected on the attached deeds, Schaff Family Trust DTD 5/3/01 is BRB’s
predecessor-in-interest. As no water rights were reserved in the conveyance from Schaff to
Yellowstone Investment Group to BRB, Schaff may be removed from these water rights as well.
BRB has no comment or objection to Bozeman Haus Two LLC’s request to withdraw
Bozeman Haus’s interest in the above-captioned claims.
RESPECTFULLY SUBMITTED this 24th day of June, 2022.
ARB Law Group
By: /s/ Abigail R. Brown
Abigail R. Brown
Buffalo Run Bozeman LLC
CERTIFICATE OF SERVICE
I hereby certify that on June 24, 2022, a true and correct copy of the foregoing document
was served upon the following parties in the manner set forth below:
Dana E. Pepper
River and Range Law, PLLC
PO Box 477
Bozeman, MT 59771
(406) 599-7424
☐U.S. First-Class Mail, Postage Prepaid
☒Email: office@riverandrangelaw.com;
dana@riverandrangelaw.com
☐Hand Delivery
☐Other:
Susan B. Swimley
Attorney and Counselor at Law
1807 W Dickerson Unit B
Bozeman, MT 59715
☒U.S. First-Class Mail, Postage Prepaid
☐Email:
☐Hand Delivery
☐Other:
Bozeman Haus Two LLC
15267 SE Rivershore Dr
Vancouver, WA 98683-5371
☒U.S. First-Class Mail, Postage Prepaid
☐Email:
☐Hand Delivery
☐Other:
Claimant Buffalo Run Bozeman LLC’s Comment & Withdrawal of Its Interest in
41H 103732-00, 41H 103733-00 and 41H 30151619 – (Case 41H-6002-A-2022) Page 3
Elizabeth R. Christensen
Jon C. Christensen
685 Vandyke Rd
Bozeman, MT 59718-7829
☒ U.S. First-Class Mail, Postage Prepaid
☐ Email:
☐ Hand Delivery
☐ Other:
KDG Holdings LLC
900 N Whittier Dr
Beverly Hills, CA 90210-3014
☒ U.S. First-Class Mail, Postage Prepaid
☐ Email:
☐ Hand Delivery
☐ Other:
Schaff Family Trust DTD 5/3/01
%Schaff, Allen & Diane Trustees
164 Terrance Loop
Bozeman, MT 59718-8916
☒ U.S. First-Class Mail, Postage Prepaid
☐ Email:
☐ Hand Delivery
☐ Other:
Delores J. Van Zyl
5532 Fowler Ln
Bozeman, Mt 59718-7853
☒ U.S. First-Class Mail, Postage Prepaid
☐ Email:
☐ Hand Delivery
☐ Other:
/s/ Ann M. Olson
ARB Law Group
2663927
Page 1 of2 11/07/201902:22:10PM Fee:$14.00
RETURNDOCUMENTTO:EricSemerad -GallatinCounty,MT DEEDAmericanLandTdeCompanyW59715
-ty aded
WARP.ANTYDEED
For Value Received,Allen K.Schaff and .Diane C.Schaff,Trustees of THE SCHAFF EAMILY TRUST,dated Nay 3,2001,with address
of 5814 East Lewis Avenue,Scottsdale,Arizona 85257,the Gractor,does hereby grant,hargain,sell,convey and confirm unto YELLOWSTONEINVESTMENTGROUP,PROFESSIONAL LLC,a Montana limited liability
company,with address of 7686 Oasis Drive,Castle Rock,Colorado
80108,the Grantee,the following described premises in Gallatin
County,Montana,to-wit:
NHSWNSWN of Section 23,Township 2 South,Range 5 East,P.N.M.,Gallatin County,Montana.Deed Reference:Film
146,Page 3339,records of Gallatin County,Montana.
SUBJECT TO easements,conditions,restrictions and
rights-of-way shown or indicated in the public records or plats filedandrecordedintheofficeoftheCountyClerkandRecorderofGallatinCounty,Montana,-or which may be ascertained from a visual
inspection of the land,including ditch and utility easements.
Subject to prior mineral,oil and gas,and patent rights andreservationsandexceptions,if any;subject to taxes and other
governmental charges.and assessments accxuing or imposed after .thedatehereof;Subject to building and use restrictions and zoningordinances,if any.
TOGETHER WITH all tenements,hereditaments and apportenancesthereto,and all reservations and remainders,and all rents,issuesandprofitsthereof,and all right,title and interest of the Grantortherein.
TO HAVE AND TO HOLD the said premises,with its appurtenancesuntothesaid-Grantee,his heirs and assigns forever,and the saidGrantordoesherebycovenanttoandwiththesaidGranteethatGrantoristheownerinfeesimpleofsaidpremises;that it is free fromallencumbrancesandthatGrantorwillwarrantanddefendthesame.from all lawful claims whatsoever.
2663927 Page 2 of 2 11/07/2019 02:22:10 PM
DATED this day of r,2019.
THE SCHAFF FAMILY TRUST,
dated Ma 3
By:7
Allen K.Schaff,rustee
By:
Diane C.Schaff,Trushe
STATE OF )
County of
ss,
On this day of ,2019,before me,a Notary PublicinandforsaidState,personally appeared Allen X.Schaff and DianeC.Schaff,Trustees of THE SCHAFF FAMILY TRTIST,dated May 3,2001,known to me to be the persons whose names are subscribed to the withininstrumentandacknowledgedtomethattheyexecutedthesameonbehalfoftheTrust.
NotaryPublic
MaricopaCounty,Arizona N'otary P.ic for the state of Z9VlAMyCommissionExpiresPrintedName:.(..VI?\/10 0
February19,2021 assiding in 5((#tSd a \Ps Pr 7
My commission expires:1-IT 7.011
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