HomeMy WebLinkAbout042_IrrigationDitchEasementReturn to: Farmers Canal Company of Gallatin County c/o Bill Tatarka P.O. Box 10686 Bozeman, MT 59719 AGRICULTURAL WATER USER FACILITY EASEMENT Bozeman Trax Partners, LLC, Northbloc, LLC, the State of Montana, and State of Montana, Board of Land Commissioners, c/o the Department of Natural Resources and Conservation, GRANTORS, in consideration of $1.00 and other good and valuable consideration, receipt of which is acknowledged, grants to Farmers Canal Company of Gallatin County, whose mailing address is P.O. Box 10686, Bozeman, MT 59719, GRANTEE, its successors and assigns a perpetual easement to each and every person or entity, whether public or private, owning a water right for agricultural purposes being conveyed within the open ditches or below ground pipelines, and an agricultural water user facility easement for perpetual access and maintenance of such open ditches or below ground pipelines facilities to be located on the following described real property: Tract 1-B, Tract 2-B, and Tract 3-B of Certificate of Survey No. 2153A, located in the NW1/4 of Section 36, Township 1 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana; Tract 2 of Certificate of Survey No. 1723, located in the NW1/4 of Section 36, Township 1 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana; A portion of the SW1/4 of Section 36, Township 1 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana; The easement is more particularly described on the attached ‘Exhibit A’, which by this reference are made a part hereof. A minimum width of 30 feet is provided on each side of open ditches and below ground pipelines to allow for GRANTEE’s access, construction, repair, maintenance, and inspection of such facilities. GRANTOR acknowledges, the placement of structures or the planting of vegetation other than grass within the agricultural water user’s facility easement is prohibited without the written permission of the facility owner.
The GRANTOR warrants that is lawfully seized and possessed of the real property described above, that it has a 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 or entities. 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 this agricultural water user facility easement and agreement run with the land and 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 . By: Grantor STATE OF MONTANA ) ):ss County of Gallatin ) On this day of , 202 , before me the undersigned, a Notary Public for the State of Montana, personally appeared , known to me to be of Bozeman Trax Partners, LLC 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 Bozeman Trax Partners, LLC. 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
DATED this day of , 20 . By: Grantor STATE OF MONTANA ) ):ss County of Gallatin ) On this day of , 202 , before me the undersigned, a Notary Public for the State of Montana, personally appeared , known to me to be of Northbloc, LLC 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 Northbloc, LLC. 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
DATED this day of , 20 . By: Grantor STATE OF MONTANA ) ):ss County of Gallatin ) On this day of , 202 , before me the undersigned, a Notary Public for the State of Montana, personally appeared , known to me to be of The State of Montana 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 The State of Montana. 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
DATED this day of , 20 . By: Grantor STATE OF MONTANA ) ):ss County of Gallatin ) On this day of , 202 , before me the undersigned, a Notary Public for the State of Montana, personally appeared , known to me to be of The State of Montana, Board of Land Commissioners, c/o the Department of Natural Resources and Conservation 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 The State of Montana. 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
EASEMENT - DESCRIPTION
A 60 feet wide agricultural water user facility easement located within five tracts of land:
Tract 1-B, Tract 2-B, and Tract 3-B of Certificate of Survey No. 2153A, located in the NW1/4 of Section 36, Township 1 South, Range
5 East, P.M.M., City of Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of
the County Clerk and Recorder, Gallatin County, Montana;
Tract 2 of Certificate of Survey No. 1723 located in the NW1/4 of Section 36, Township 1 South, Range 5 East, P.M.M., City of
Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and
Recorder, Gallatin County, Montana;
A portion of the SW1/4 of Section 36, Township 1 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana,
according to the official plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana;
The easement centerline being more particularly described as follows:
Commencing at the southwest corner of Lot 1 of Minor Subdivision 320; thence N80°59'38"W, 437.71 feet to a point on the easterly
right-of-way line of Interstate 90 and the Point of Beginning; thence along the centerline of an existing agricultural water user facility
through the following 76 courses;
1) N 25° 25' 15" E, 153.92 feet;
2) N 07° 24' 57" W, 104.62 feet;
3) N 26° 34' 43" E, 75.45 feet;
4) N 28° 13' 27" W, 94.12 feet;
5) N 18° 01' 47" E, 46.28 feet;
6) N 45° 01' 01" W, 52.50 feet;
7) N 21° 17' 27" E, 54.06 feet;
8) N 28° 44' 48" W, 119.13 feet;
9) N 29° 28' 01" E, 46.37 feet;
10) N 22° 14' 40" W, 49.26 feet;
11) N 15° 36' 06" E, 59.44 feet;
12) N 04° 27' 24" W, 75.48 feet;
13) N 06° 47' 35" E, 115.23 feet;
14) N 16° 09' 12" E, 107.78 feet;
15) N 65° 13' 43" W, 59.13 feet;
16) N 18° 45' 36" W, 61.45 feet;
17) N 27° 40' 27" E, 64.07 feet;
18) N 41° 04' 17" E, 70.23 feet;
19) N 01° 24' 34" E, 104.21 feet;
20) S 85° 38' 03" W, 123.40 feet;
21) S 09° 41' 40" W, 71.04 feet;
22) N 80° 32' 35" W, 57.17 feet;
23) N 05° 39' 28" E, 173.34 feet;
24) N 32° 22' 36" E, 109.67 feet;
25) S 84° 03' 58" E, 42.20 feet;
26) N 05° 44' 19" E, 77.23 feet;
27) N 43° 20' 39" W, 72.65 feet;
28) S 86° 38' 08" E, 100.61 feet;
29) N 39° 06' 37" E, 55.34 feet;
30) N 02° 25' 28" W, 32.35 feet;
31) N 58° 40' 21" W, 52.64 feet;
32) N 41° 58' 25" E, 94.53 feet;
33) S 85° 31' 29" W, 112.58 feet;
34) N 22° 19' 13" E, 67.65 feet;
35) N 41° 27' 19" E, 92.30 feet;
36) N 22° 54' 17" W, 89.79 feet;
37) S 57° 49' 10" W, 86.49 feet;
38) N 46° 48' 24" W, 73.64 feet;
39) N 00° 59' 18" E, 62.88 feet;
40) N 42° 02' 35" E, 59.11 feet;
41) N 03° 20' 05" E, 48.74 feet;
42) N 50° 35' 19" W, 31.67 feet;
43) S 58° 57' 38" W, 59.02 feet;
44) N 02° 26' 54" W, 63.64 feet;
45) N 60° 35' 13" E, 48.69 feet;
46) N 16° 13' 45" E, 31.13 feet;
47) N 81° 36' 21" W, 81.90 feet;
48) N 07° 51' 35" E, 89.15 feet;
49) N 19° 59' 53" E, 87.92 feet;
50) S 48° 01' 46" E, 64.45 feet;
51) N 77° 42' 30" E, 73.91 feet;
52) N 17° 34' 12" E, 113.38 feet;
53) N 28° 55' 15" W, 34.59 feet;
54) N 54° 55' 36" W, 105.70 feet;
55) N 37° 07' 59" E, 101.58 feet;
56) S 24° 47' 17" E, 78.35 feet;
57) N 57° 35' 16" E, 55.13 feet;
58) N 18° 17' 43" E, 66.28 feet;
59) N 32° 24' 21" W, 63.86 feet;
60) N 17° 30' 45" W, 86.80 feet;
61) N 33° 04' 41" E, 62.75 feet;
62) N 41° 39' 01" W, 112.50 feet;
63) N 12° 46' 43" E, 42.25 feet;
64) N 78° 44' 05" E, 47.50 feet;
65) S 74° 19' 32" E, 93.06 feet;
66) N 37° 29' 33" E, 39.07 feet;
67) N 00° 46' 52" E, 145.43 feet;
68) N 23° 42' 35" E, 83.36 feet;
69) N 80° 09' 24" W, 50.51 feet;
70) N 03° 05' 40" W, 92.37 feet;
71) N 12° 08' 18" W, 96.72 feet;
72) N 33° 42' 20" E, 66.92 feet;
73) N 27° 03' 51" W, 139.92 feet;
74) N 13° 49' 38" W, 378.60 feet;
75) N 40° 15' 11" E, 75.47 feet;
76) N 79° 13' 19" E, 38.29 feet to the northeasterly line of said Tract 2-B and the southerly right-of-way line of BNSF and the terminus
of this easement. The sidelines of said 30 foot easement to be extended or shortened to meet at said easterly right-of-way line, said
southerly right-of-way line, and said northeasterly line of said tract. Said easement containing 370,112 square feet, more or less.
075
SCALE:1" = 150'
15075
EXHIBIT A