HomeMy WebLinkAbout2800636 Inter-office Original to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman, MT 549771-1230
2800636
Page: 1 of 18 05/09/2023 11:34;19 AM Fee $144,00
Eric Semerad — Gallatin County: MT MISC
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1001 THOMAS DRIVE
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this day of i 4ar-C , 2023,
by and between the CITY OF BOZEMAN, a self-governing municipal corporation organized and
existing under its Charter and the laws of the State of Montana with offices at 121 N. Rouse Avenue,
Bozeman, Montana 59771-0640, hereinafter referred to as "City", and Seven Ox Seven, O'Reilly
Partnership, And 4 Clovers, 2246 Boothill Court, Suite 1, Bozeman, MT 59715 hereinafter referred to
as "Landowner". The effective date of this Agreement shall be the date upon which the Bozeman City
Commission adopts a resolution creating the 1001 Thomas Drive Annexation and authorizing execution
of this Agreement.
WITNESSETH:
WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafter referred
to as the 1001 THOMAS DRIVE ANNEXATION or"Property" situated in Gallatin County, Montana,
and more particularly described as follows:
An area of land comprised described as follows:
The tract of land described in Film 3,Page 49 on file and of record at the Gallatin County Clerk
&Recorders Office,being the North Half of the Northeast Quarter of the Southwest Quarter,and
1001 THOMAS DRIVE Annexation Agreement 1
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the North Half of the South Half of the North Half of the Northeast Quarter of the Southwest
Quarter, all in Section 35, Township 1 South, Range 5 East, P.M.M., Gallatin County Montana,
more particularly described as follows;
BEGINNING at the CW 1/16th corner of said Section 35, a blank 1 1/z"Alum. Cap;
thence N 89"39'00" E, a distance of 1325.02 feet to the calculated Center 1/4 corner of said
Section 35;
thence S 00°14'21" W, a distance of 496.91 feet to the calculated 1/10241h corner on the Center
of Section line;
thence S 89°38'23" W, a distance of 1324.56 feet to a C&H yellow plastic cap;
thence N 00011'12"E, a distance o£497.15 feet to the Point Of Beginning.
Said area containing 658,428 Square Feet, 15.115 Acres more or less, with and subject to all
easements of record.
All as depicted on the 1001 THOMAS DRIVE ANNEXATION Map.
WHEREAS, the Landowner petitioned the City for annexation to the City of said tract of land;
and
WHEREAS, the 1001 THOMAS DRIVE is not within the corporate limits of the City or other
municipality and may therefore be annexed to the City in accordance with the provisions of this
Agreement and Title 7, Chapter 2, Part 46, Mont. Code Ann.; and
WHEREAS, all parties recognize the annexation of the 1001 THOMAS DRIVE
ANNEXATION pursuant to Section 7-2-4601, et seq.,Mont. Code Ann. will allow the 1001 THOMAS
DRIVE ANNEXATION to connect to and utilize City services, including municipal water and sewer
service, parks and recreation, fire and police services, and the City's transportation system; and
WHEREAS, Section 7-2-4610, Mont. Code Ann. provides that a municipality and landowner
can agree to the provisions of services to the area to be annexed; and
WHEREAS, the parties recognize additional development on the 1001 THOMAS DRIVE
ANNEXATION will impact area parks, recreation, transportation, police, and fire services, and that
future improvements may require additional public infrastructure street improvements including
transportation for traffic circulation and the provisions of parks,recreation,police,and fire services; and
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WHEREAS, the Landowner finds this Agreement will provide for the most satisfactory and
dependable water supply and sewer supply or service, and provide transportation, parks, recreation,
police and fire service for development of the 1001 THOMAS DRIVE ANNEXATION; and
WHEREAS,the parties have determined that it is in the best interests of the City and Landowner,
and in furtherance of the public health, safety and welfare of the community to enter into and implement
this Agreement.
WITNESSETH :
IN CONSIDERATION of the mutual covenants and agreements herein contained, the parties
hereto agree as follows:
1. Recitals
The above recitals are true and correct.
2. Annexation
The Landowner filed a complete application for annexation of the 1001 THOMAS DRIVE
ANNEXATION with the City on February 15,2022. By execution of this Agreement,the City manifests
its intent to annex the 1001 THOMAS DRIVE ANNEXATION tract pursuant to the terms and conditions
of this Agreement. Subject to the provisions of Title 7, Chapter 2, Part 46, Mont. Code Ann. the City
shall, upon execution of this Agreement, adopt a Resolution of Annexation of the 1001 THOMAS
DRIVE ANNEXATION. Further, upon the execution of this Agreement, the Landowner shall do all
things required by this Agreement and all things necessary and proper to aid and assist the City in
carrying out the terms, conditions and provisions of this Agreement and to effect the annexation of the
1001 THOMAS DRIVE ANNEXATION.
3. Services Provided
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The City will,upon annexation, make available to the 1001 THOMAS DRIVE ANNEXATION
existing City services only to the extent currently available, or as provided in this Agreement.
4. Municipal Water Service Defined
The term "municipal water service" as is used in this Agreement shall be the service which is
supplied by the City in accordance with Chapter 40, Article 2, Bozeman Municipal Code, as amended,
as well as any other terms and conditions which apply to the City's provision of municipal water service
but does not include the extension of lines or construction of necessary improvements at any cost to the
City for delivery of water to and within the 1001 THOMAS DRIVE ANNEXATION. Nothing in this
Agreement shall obligate the City to pay for right-of-way acquisition, engineering, construction, and
other costs for the delivery of water to or within the 1001 THOMAS DRIVE ANNEXATION to include,
but not limited to, any impact fees, hook-up, connection, or development charges which have been or
may be established by the City.
S. Municipal Sewer Service Defined
The term "municipal sewer service" as is used in this Agreement shall be the service which is
supplied by the City in accordance with Chapter 40, Article 3, Bozeman Municipal Code, as amended,
as well as any other terms and conditions which apply to the City's provision of this service but does not
include the extension of lines or construction of necessary improvements at any cost to the City for
collection of sewage at and within the 1001 THOMAS DRIVE ANNEXATION. Nothing in this
Agreement shall obligate the City to pay for right-of-way acquisition, engineering, construction, and
other costs for the collection of sewage services to or within the 1001 THOMAS DRIVE
ANNEXATION to include, but not limited to, any impact fees, hookup, connection, or development
charges which may be established by the City.
6. Water and Sewer Connections
Landowner understands and agrees that water and sewer services must be constructed in
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accordance with design and specifications approved by the City prior to the installation of the water and
sewer lines. Landowner must contact the City Water and Sewer Division to obtain details of construction
requirements. Landowner further understands and agrees that prior to connection to the City water and
sewer system, any existing on-site sewage treatment system must be properly abandoned and
certification provided to the City Water and Sewer Division that the abandonment occurred. The
Landowner must report the abandonment to the Gallatin City County Health Department. In addition to
abandonment of the septic tank and leach field, the applicant must demonstrate that any sanitary sewer
Iine has been completely disconnected from any existing septic system prior to the Landowner
connecting the to the City sanitary sewer system.
Any wells presently used for domestic purposes may be retained for irrigation only, with no
physical connection to municipal domestic water piping. Certification that there is no physical
connection between any on-site well and a domestic water line coming from the City's water supply
must be provided. The City Water and Sewer Division may perform an inspection of the property and
certify that the disconnection of the well and septic system abandonment are properly completed.
Landowner understands and agrees that if Landowner fails to properly abandon any existing septic
system and/or fails to disconnect any existing well fiom the domestic water piping as required herein the
City may upon ten day's written notice to the Landowner terminate water and/or sewer services to the
property. Costs of all disconnects and/or subsequent reconnects shall be borne by Landowner.
7. Water Rights
The Landowner specifically recognizes and agrees that provisions for water rights or cash in-lieu
of water rights shall be provided upon further development or subdivision of the property in accordance
with Section 38.410.130,Bozeman Municipal Code and as maybe amended.The amount of water rights
or cash-in-lieu thereof due at the time of further development or subdivision of the property will be
calculated based on the annual demand for volume of water the development will require multiplied by
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the most current annual unit price in effect on the date the water rights are transferred or payment-in-lieu
of water rights is to be made to the City_ As such, the Landowner acknowledges that the rates for cash
in-lieu of water rights may increase over time as established by Resolution of the City Commission. The
Landowner must perform a water rights search to determine if any exist for this property.The Landowner
must transfer any water rights that exist for this property to the City of Bozeman prior to development
that the City of Bozeman determines are useful for city purposes. If insufficient water rights exist, the
Landowner must pay cash in lieu of water rights, in an amount determined by the Director of Utilities,
prior to development.
S. Comprehensive Water and Water Design Report
Prior to future development of the property the City may require the Landowner to have prepared
by a Professional Engineer, at Landowner's sole expense, a comprehensive design report evaluating
existing capacity of sewer and water utilities in the area. The report must include hydraulic evaluations
of each utility for both existing and post-development demands,and the report findings must demonstrate
adequate capacity to serve the full development of the land. If adequate infrastructure capacity is not
available for the proposed development, the report must identify necessary water or wastewater system
improvements necessary for the proposed development. If improvements to this water or wastewater
system are necessary, the Landowner agrees prior to development of the 1001 THOMAS DRIVE
ANNEXATION to complete, at Landowner's expense, the necessary system improvements to serve the
proposed development.
9. Future Development Limitations
The Landowner shall be responsible for installing all facilities required to provide full municipal
services to the property in accordance with the City's Infrastructure Master Plans and all City regulations,
policies and guidelines that may be in effect at the time of any future development. Thus, Landowner
understands and agrees Landowner has no right, eitber granted or implied, for it to further develop any
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of the 1001 THOMAS DRIVE until it is verified by the City that the necessary municipal services,
including but not limited to police and fire protection, parks and recreation, transportation, and sewer
and water capacity, are available to all or a portion of the 1001 THOMAS DRIVE ANNEXATION.
Notice is thus provided to the Landowner that prior to additional development of the property, the
Landowner will be solely responsible for installing, at Landowner's sole expense, any facilities or
infrastructure required to provide full municipal services to the 1001 THOMAS DRIVE ANNEXATION
in accordance with the City's infrastructure plans, adopted Growth Policies/Community Plans, and all
other city regulations,policies and guidelines that maybe in effect at the time of development.
10. Stormwater Master Plan
Landowner understands and agrees a Stormwater Master Plan for the 1001 THOMAS DRIVE
ANNEXATION fora system designed to remove solids,oils,grease,and otherpollutants from the runoff
from public streets and other impermeable surfaces may be required to be provided to and approved by
the City Engineer at the time of any future development in accordance with Chapter 40, Article 3,
Bozeman Municipal Code, as amended, as well as any other terms and conditions which apply to the
City's provision of this service. The plan must demonstrate that adequate treatment of runoff from public
streets, other impermeable surfaces, and all future lots will be achieved by providing spot elevations,
flow direction arrows, detention and/or retention basin details (including basin sizing calculations and
basin typical sections), outlet structure details, and culvert capacity calculations. The plan must also
locate and provide easements for adequate drainage ways within the 1001 THOMAS DRIVE
ANNEXATION to transport treated runoff to the stormwater receiving channel. The plan shall include
site grading and elevation information, typical stormwater detention/retention basin and discharge
structure details,basin sizing calculations, and stormwater maintenance plan.Landowner recognizes the
City may require such Stormwater Master Plan to be implemented in all or part as a condition of approval
of development of the 1001 THOMAS DRIVE ANNEXATION.
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11. Waiver of Ri ht-to-Protest Special Districts
A. Landowner has executed a Waiver of Right-to-Protest Creation of Special Improvement
Districts or Special Districts for street and transportation improvements including design and
engineering, paving and subsurface improvements, curb and gutter, sidewalk, stormwater drainage
facilities for:
a. Street improvements to North 27th Avenue(Thomas Drive)between Baxter Lane and Catamount
Street including lighting, signalization,paving, curb/gutter, sidewalk, and storm drainage.
b. Street improvements to Davis Lane between Baxter Lane and Cattail Street including lighting,
signalization, paving, curb/gutter, sidewalk, and storm drainage.
c. Street improvements to Hunters Way (Blackbird Drive) between Baxter Lane and Cattail Street
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
d. Street improvements to Windward Way (Park Creek Avenue) between Baxter Lane and Cattail
Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
e. Street improvements to Equestrian Lane (Sartain Street) between Davis Lane and North 19th
Avenue including lighting, signalization,paving, curb/gutter, sidewalk, and storm drainage.
f Street improvements to Rawhide Ridge between North 19th Avenue and Hunters Way including
lighting, signalization,paving, curb/gutter, sidewalk, and storm drainage.
g. Street improvements to Kimberwicke between Davis Lane and North 19th Avenue including
lighting, signalization,paving, curb/gutter, sidewalk, and storm drainage.
h. Street improvements to Cattail Street between Davis Lane and North 19th Avenue including
lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
i. Street improvements to Hoover Way between Georgia Marlie Lane and the subject property
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
J. Street improvements to Renee Way between Georgia Marlie Lane and the subject property
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
The Landowner agrees such SID or special districts will provide a mechanism for the fair and equitable
assessment of construction and maintenance costs for such improvements. The waiver was recorded
with the Gallatin County Clerk and Recorder on June 7, 2022 as Document No. 2777757.
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B. Landowner has executed a Waiver of Right-to-Protest Creation of Special Improvement
Districts ("SID")or Special Districts for Intersection improvements including lighting, signalization and
channelization,paving, curb/gutter, sidewalk, and storm drainage for:
a. Intersection improvements at Cattail Street and North 27th Avenue including lighting,
signalization/channelization,paving, curb/gutter, sidewalk, and storm drainage.
b. Intersection improvements at Cattail Street and Davis Lane including lighting,
signalization/channelization,paving, curb/gutter, sidewalk, and storm drainage.
c. Intersection improvements at Cattail Street and North 19th Avenue including lighting,
signalization/channelization,paving, curb/gutter, sidewalk, and storm drainage.
d. Intersection improvements at Baxter Lane and Davis Lane including lighting,
signalization/channelization,paving, curb/gutter, sidewalk, and storm drainage.
e. Intersection improvements at North 27th Avenue and Baxter Lane including lighting,
signalization/channelization,paving, curb/gutter, sidewalk, and storm drainage.
The Landowner agrees such SID or special districts will provide a mechanism for the fair and equitable
assessment of construction and maintenance costs for such improvements. The waiver was recorded
with the Gallatin County CIerk and Recorder on June 7, 2022 as Document No_ 2777757.
C. Landowner agrees that in the event an SID is not utilized for the completion of these
improvements as described in subsections A and B above, the Landowner shall participate in an
alternative financing method for the completion of said improvements on a fair share,proportionate basis
as determined by the City on the basis of the square footage of property,taxable valuation of the property,
traffic contribution from the development or a combination thereof.
I2. Public Street and Utility Easements
The Landowner understands and agrees that a public street and utility easement must be provided
at the time Landowner returns the signed annexation agreement for the portion of North 27`t` Avenue
(Thomas Drive) that is adjacent to its Property, which is classified as a Collector in the Bozeman
Transportation Master Plan (TMP), which has a minimum right-of-way ("ROW") width of ninety (90)
feet.
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The Landowner must provide its respective Thomas Drive ROW section from the centerline of
the existing ROW or the entire section(if the street section resides within the proposed annexation area)
as a public street and utility easement where Thomas Drive is adjacent to the Property.
The Landowner,at its sole expense,has created such easements in a location and form agreeable
to the City and the easements will be filed at the Gallatin County Clerk and Recorder's Office. The
Landowner further understands and agrees that additional public street and utility easements may be
required for delivery of municipal services with future development, and in such event, the easement
shall be provided at the Landowner's sole expense.
13. Street Improvements
The Landowner understands and agrees that at the time of future development the portion of
North 27t" Avenue (Thomas Drive) and its related transportation infi-astructure fronting the 1001
THOMAS DRIVE ANNEXATION must be improved to a City standard. The City may allow phasing
of street improvements coordinated with development areas.
14. Impact Fees
Landowner acknowledges that annexation and development of their property will impact the
City's existing street, water and sewer infrastructure, and the City's fire service. As approved by the
City,the Landowner and its successors must pay:
A) Fire impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at
time of issuance of a building permit.
B) Transportation impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as
amended,at time of issuance of a building permit.
C) Water impact fees as required by Chpt. 2,Art. 6. Div. 9 BMC,or as amended, at the time
of connection to city water services.
D) Sewer impact fees as required by Chpt.2,Art. 6.Div. 9 BMC,or as amended, at the time
of connection to city sewer services.
The amount of impact fee the Landowner or its successors pay for connection to the city's water
and sewer services,if any, shall be calculated based on the provisions of the Bozeman Municipal Code,
1001 THOMAS DRIVE Annexation Agreement 10
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as amended, in effect at the time of application for a permit to connect. The amount of street or fire
impact fees to be paid, if any, shall be calculated based on the provisions of the Bozeman Municipal
Code, as amended, in effect at the time an application for building pen-nit is submitted.
Nothing in this Agreement shall be construed to abridge Landowner's rights, under Chapter 2,
Article 6, Division 9 of the Bozeman Municipal Code, to apply for, claim or assert credits, exemptions
or refunds from the imposition of impact fees.
Landowner further understands and agrees that any improvements, either on-site or off-site,
necessary to provide connection of the 100I THOMAS DRIVE ANNEXATION to municipal services
and which are wholly attributable to the Property as determined exclusively by the city are considered
"project related improvements"as defined in Chapter 2,Article 6,Division 9,Bozeman Municipal Code,
as amended, and as such, are not eligible for impact fee credits.
If Landowner defaults on this condition at the time such is to be performed, and should default
not be remedied or corrected within thirty (30) days after written notice by City to the Landowner and
Landowner/Developer of such default, City may at its option:
A) Declare the amounts owing for impact fees immediately due and payable and City
shall have the right and privilege to take legal action against Landowners for the
collection of such sum,including the entry of any judgment. In addition,the City
may, at its option, enforce payment of such amount by levying an assessment on
the property_
B) Elect any other remedy available to City under the laws of the State of Montana.
15. Charges and Assessments
Landowner understands and agrees that after this Agreement is recorded the 1001 THOMAS
DRIVE ANNEXATION will be subject to City charges and assessments for arterial and collector streets,
street maintenance, and tree maintenance on the same basis as all other properties in the City.
16. Additional Terms
1001 THOMAS DRIVE Annexation Agreement 11
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The parties recognize these documents must be filed and of record with the Gallatin County Clerk
and Recorder prior to the sale of any land within the 1001 THOMAS DRIVE ANNEXATION. The
parties further agree that the City may file these documents at any time.
17. Governing Law and Venue
This agreement shall be construed under and governed by the laws of the state of Montana. In
the event of litigation, venue is in the Eighteenth Judicial District Court, in and for County of Gallatin,
State of Montana.
18. Attorney's Fees
In the event it becomes necessary for either party to this Agreement to retain an attorney to
enforce any of the terms or conditions of this Agreement, then the prevailing party shall be entitled to
reasonable attorney's fees and costs, to include the salary and costs of in-house counsel including City
Attorney.
19. Waiver
No waiver by either party of any breach of any term, covenant or agreement shall be deemed a
waiver of the same or any subsequent breach of this same or any other term, covenant or agreement. No
covenant, term or agreement shall be deemed waived by either party unless waived in writing.
20. Invalid Provision
The invalidity or unenforceability of any provision of this agreement shall not affect the other
provisions hereof, and this Agreement shall be construed in all respects as if such invalid or
unenforceable provision were omitted.
21. Modifications or Alterations
No modifications or amendment of this Agreement shall be valid unless evidenced by a writing
signed by the parties hereto.
22. No Assignment
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It is expressly agreed that the Landowner and/or Landowner/Developer shall not assign this
Agreement in whole or in part without prior written consent of the City.
23. Successors
This Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties
hereto and their respective heirs, successors and assigns and specifically to any subsequent purchaser of
the annexed property.
24. Covenants to Run with the Land
The parties intend that the terms of this Agreement shall benefit the 1001 THOMAS DRIVE
ANNEXATION and shall be covenants running with the land and shall not expire at their deaths or upon
transfer of ownership of the property.
The undersigned Landowner affirms that they have authority to enter into this Agreement and to
bind themselves to this Agreement.
1001 THOMAS DRIVE Annexation Agreement 13
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IN WITNESS WHEREOF,the parties hereto have caused this agreement to be executed the day and
year first above written.
DATED this 2-' lay of
Al 1DOWI11,F7
Reilly Partnership,4 Clovers
By: Debbie O'Reilly
Title:
STATE OF
-ss
COUNTY OF
On this_ day of r�(3�� �} , 202X before nee, the undersigned, a Notary Public
for the State of personally appeared Debbie O'Reilly`,known to me to
be the s., r eViT,'rof_ 'Reilly Partnership, 4 Clovers_that executed
the within instrument, and acknowledged to me that they executed the same for and on behalf of
landowner.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
SEAL
PAS suo CHRIS BUDESKI
Notary Public (Printed Name Here) C 0,k5 ;lc
for the state of Montana Notary Public for the State of
Residing at: y' C{c<-
;u�.SI:�L.=�\ Bozeman, Montana Residing at ~mac`' ,,rL cfc Lit'
9 OFMO�P` My Commission Expires: M Commission Expires: . L`� L-C '
November 26,2023 y h
_ (LJse 4 digits for expiration year)
1001 THOMAS DRIVE Annexation Agreement 14
2800636 Page 15 of 18 05/09/2023 11 .34.19 AM
LANDOWNER
S(even Ox Seven
By: Jesse Chase
Title: Managing Member
STATE OF MONTANA )
):ss
County of Gallatin )
On this 'Z` day of 6e34�► , 2023,before me the undersigned, a Notary
Public for the State of Montana, personally ppeared Jesse Chase,known to me to be
Manaidne Member of Seven Ox Seven that executed the within instrument, and acknowledged
to me they executed the same for and on behalf of the landowner.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
IF
CHRIS BUDESKI
��S�UDF Chris Budeski a(� —(2�LO—A
......5 , Notary Pubic
�oTAR/A� jor the State of Montana
- aesiding at: Notary Public for the State of Montana
L� NEAL zeman, Montana Montana
�AI3� Residing at Bozeman,
%y My commission Expires:
� November 28,2o2a My Commission Expires November 23, 20��
1001 THOMAS DRIVE Annexation Agreement 15
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CITY OF BOZEMAN
r
By: #ff telich, City Manager
ATTEST: . 0
Mike Maas, City Clerk
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN ) _
On this lu day of , 2024, before me, a Notary Public for the state
of Montana, personally appcare Jeff Mihelich and M*k Maas, known to me to the persons described
in and who executed the foregoing instrument as I---- City Manager and City Clerk respectively, of
the City of Bozeman, whose names are subscribed to the within instrument and acknowledged to me
that they executed the same for and on behalf of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
first above written.
(SEAL)
(Printed Name Here)
Notary Public for the State of Montana
> %S HUNT"' JULIE HUNTER Residing at �C)� _
for the stateof otary Montana y p JLA'G �Lt M Commission Expires: 2L�L5
*= _ Residing at: (Use 4 digits for expiration year)
•SEAT .�- Bozeman, Montana
�0 My Commission Expires:
June 11, 2025
1001 THOMAS DRIVE Annexation Agreement
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QrderNo. ,b r�XI--11 0_ Eric Semerad- Gallatin County, MT DEED
d=mwd eke=nk W rued
After Recording Return to:
O'Reilly Partnership,LLC
P.O Box 11145
Bozeman,MT 59719
WARRANTY DEAD
FOR VALUABLE CONSIDERATION,the receipt of which is hereby acknowledged,
Timothy Scheer,with a mailing address of 140 Wildhorse Trail,Belgrade,MT 59714("Grantor"),
grants and warrants unto O'Reilly Partnership, LLC, a Montana limited liability company, an
undivided 38% interest and 4 Clovers LLC, a Montana limited liability company, an undivided.
12%interest and Seven Ox Seven LLC,a Montana limited liability company,an undivided 50%
interest, as tenants in common, of P.O. Box 11145, Bozeman, MT 59719 ("Grantee") and its
successors and assigns forever, the following real property located in Gallatin County, Montana
described as follows:
The North Half of the North Half of the Northeast Quarter of the Southwest Quarter
and the North Half of the South Half of the North Half of the Northeast Quarter of
the Southwest Quarter all in Section 35,Township 1 South, Range 5 East,M.P.M,
in Gallatin County,Montana. [Deed Reference: Film 3, page 51].
TOGETHER WITH all tenements,hereditaments and appurtenances thereto,and all reversions
and remainders, and all rents, issues and profits thereof, and all right, title and interest of the
Grantor therein, including easements and rights-of-way for access and utilities shown on the
public records or plats filed or recorded with the Clerk and Recorder of Gallatin County,
Montana, if any.
SUBJECT TO THE EFFECT OF:
(a)easements, covenants (including protective or restrictive covenants,and amendments
thereto,if any), improvement agreements,resolutions,conditions, restrictions and rights-of-way
shown or indicated in the public records or plats filed or recorded in the office of the County
Cleric and Recorder of Gallatin County,Montana,or which may be ascertained from a visual
inspection of the land, including ditch and utility rights-of-way and easements;
Warranty Deed—Page 1
:�666838 F 9081'0f�H*IM�'141�4'41 VAM
(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof; water
rights,claims of title to water,claims to all 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,and easement rights,or other matters relating
thereto,whether expressed or implied and whether or not shown by the public records;
(c)taxes and other governmental charges and assessments accrued or imposed after the
date hereof; and,
(d)zoning ordinances and land use restrictions, if any.
TO HAVE AND TO HOLD all and singular the said premises together with tenements,
hereditaments and appurtenances unto the Grantee,and Grantee's successors and assigns forever,
TOGETHER WITH the usual covenants of warranty set forth in Mont.Code Ann.
§30-11-110.
IN WITNESS WHEREOF, this instrument is executed this l5 day of
2022.
GRANTOR:
TIMOTHY HEER
STATE OF.MONTANA }
:ss
County of Gallatin )
.This instrument was acknowledged before me on the day of
2022, by Timothy Scheer.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the date first above
written .1 1 ., i J�
NOTARY Pi1 r,+
_ = ftuOf Nadia" Notary Pub"r the State of Montana
- Residing at
Warranty Deed—2