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CLOSING DOCUMENTS
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First American Tide Company
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924 Stoneridge Drive Unit 1•Bozeman,MT 59718
Office Phono:(406)586-1978 Office Fax:(406)587-7804
Buyer's Final Settlement Statement
Property: Tract 1A1 of COS 2554B,Bozeman,MT 59718 File No: 488361-BZ
Tract: 1A Officer: Pam Spillane/pjs
Settlement Date: 07/24/2014
Disbursement Date: 07/24/2014
Buyer: The City of Bozeman,Montana Print Date: 07/22/2014, 1:05 PM
Address: Tract 1A1 of COS 2554B, Bozeman,MT 59718
Seller: Vesta Fern Anderson Estate; Baxter Ranch Holdings,LTD.
Address:
Lender:
Address:
New Loan No.:
Consideration: Charge Description Buyer Charge Buyer Credit
Total Consideration — `— 2,000,000.00
--------------
Deposits in Escrow:
Receipt No.8454 on 12/09/2013 by Soccer Education Foundation,Inc. - _ - 10,000.00
— ---------------
rogations• ----- - --
County Tax proration RGG54801 01/01/14 to 06/30/14_ �$487.2�r --- - - .. __ 240.28
coup tax rotation RGG65119 01/01/14 to 06/30/14
p-------- @$233.40/yr - - — _ 115.10
--------- --
TitlelEscrow Charges to: ------ -- --
Settlement or Closinq Fee to First American Title-Co ---
--
— -- - -- - 400.00 1
Rewrdinglee-Deed to First American Title Company --- - --
-
e-document filing fee to --- - - --
21.00 1
-_ - -- — 5.00 1
-- --
Disbu—bum Paid: -- ---- -- - --- - ---- -
refund of earnest money-deposit to Soccer Education Foundation,Inc. __ _ 10,000.00
Cash(X From)( To)Buyer 2,000,070.62
Totals 2,010,426.00 2,010,426.00
BUYER(S):
The City 9f Bozeman, Montana
By: nna Rose try,Admi stratwe
Se ices Director
rst Ameri e Wa y
B ,,
Pam pillane
Initials:
Page 1 of 1
� na� F:Rr
First American Title Company
TAX AGREEMENT
Date: 7/14/2014 File No.: 488361-BZ(pjs)
Property: Tract 1A1 of COS 2554B, Bozeman, MT 59718
The tax value shown on the attached closing statement is based on ESTIMATES.
Buyer and Seller herein affirm and agree that First American Title Company, its employees, agents, or assigns
have not made any warranties as to the accuracy of these tax figures. Further, Buyer and Seller agree that
should the actual tax, as shown on the tax statement forwarded by the Gallatin Assessor/Treasurer's Office
during the year of the sale differ from the figure represented on the attached closing statement, the following will
occur:
1. In the event Buyer has received excess credit based on the "estimated tax", Buyer agrees to reimburse
Seller; or
2. In the event Buyer has not received sufficient credit based on the "estimated tax", Seller agrees to
reimburse Buyer.
3. Payment of the pro-rated portion, due, if any, shall be made by the respective party (directly to the
party) within thirty (30) days after notification of the actual tax assessed.
4. In the event there is no proration due to the property's status at the time of sale, parties agree to prorate
outside of escrow, per their agreement.
5. PAYMENT OF ANY SUBSEQUENT TAX STATEMENTS WHICH MAY BE RECEIVED AFTER DATE OF
CLOSING ON THIS TRANSACTION WILL BE HANDLED DIRECTLY BETWEEN THE RESPECTIVE PARTIES,
AND FIRST AMERICAN TITLE COMPANY DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY IN
CONNECTION THEREWITH.
2013-2014 Real Property Tax(es) for Parcel No. RGG54801
Tax Amount$587.24
Dated: v9—1 day of , 20 /
Page 1 of 2
The City of Bozeman, Montana
Spencer Neil Anderson, Personal
Representative for the Estate of Vesta Fern
Anderson, de ased
By/Anna Rosaberry, Administrative
Services Director
Spencer eil Berson, Personal
Representative
Baxter Ranch Holdings, LTD.
By: 5DV Enterprises, LLC, General Partner
for Baxter Ranch Holdings, LTD
By: Ann Marie Allen, Manager
Page 2 of 2
CLOSING ESCROW INSTRUCTIONS
PURCHASE
Escrow No.: 488361-BZ
Officer: Pam Spillane Date: July 16, 2014
Buyer: The City of Bozeman, Montana
To: First American Title Company, 924 Stoneridge Drive Unit 1, Bozeman, MT 59718
I/We hereby agree to purchase the hereinafter property as described in Schedule A of Commitment No. 488361-
BZ situated in Gallatin County, Montana for a total consideration of $2,000,000.00 and will on or before
closing hand you said consideration, which is payable as follows:
Earnest Money Deposit $
Balance of Sales Price in the amount of $2,000,000.00
(closing costs and/or fees are additional)
I/We will deliver to you any additional funds and execute any instruments which are necessary to comply with the
terms hereof, all of which you may use when you hold for me a Warranty Deed from:
Heirs and Devisees of Vesta F. Anderson, who acquired title as Vesta Fern Anderson, deceased.
Spencer(Veil Anderson has been appointed Personal Representative of said estate; and Baxter
Ranch Holding, LTD, as their respective interests appear of record
You are authorized and instructed to issue the specified title insurance policy or policies, in the specified amounts,
to-wit:
OWNERS ALTA HOMEOWNER'S $ LENDERS EAGLE $
OWNERS STANDARD $2,000,000.00 OWNERS EXTENDED $
LENDERS STANDARD $ LENDERS EXTENDED $
on the property described on attached Order No.: 488361-BZ
Showing title vested in: The City of Bozeman, Montana
Subject to:
1. Paragraphs 1-13 of Schedule 'B' of Owner's Commitment for Title Insurance Order No. 488361-BZ, dated
July 03, 2014, Revision No. Fourth, a copy of which is attached hereto.
2. Additional documents creating exceptions that will be recorded at the time of closing:
I have read the above referenced preliminary title commitment and approve the policy of title
insurance to be issued as required by instructions to include the above vesting and exceptions:
Buyers Initials:
Seller(s) and Buyer(s) hereby acknowledge that all contingencies and conditions on the Buy/Sell
Agreement dated October 14, 2013 and addendums dated on or after April 2, 2014, have been
either satisfied or negotiated outside of this escrow.
Seller initials: , o, Buyer initials:
PRORATE AND/OR ADJUST THE FOLLOWING AS OF 6/30/2014
-CHECK THOSE WHICH APPLY-
X 1. Taxes based on the amount of the tax statement set forth below under type of taxes for
the year therein specified of the Tax Collector which has been issued prior to the close of
escrow. No liability is assumed for the errors, omissions, and/or changes in the amount
of the General County Taxes assessed on real and personal property by the County
Assessor and/or Taxing Authority. (If the amount of the new tax bill issued by the Tax
Collector after the close of escrow is more or less than the amount used for proration
purposes, the difference, if any, will be adjusted by the parties herein outside of
escrow.) Sellers are to FORWARD to buyers any present or future tax bills on
property herein. TYPE OF TAXES: [ ] Real Property [ ] Mobile Home [ ] Personal
Property
2. Rents/Security Deposits
3. Condo or Homeowner's Association Dues
4. City Water/Sewer
5. City/County SID's (State Specific)
6. Other
Seller initials: 6wta, Buyer initials:
LOAN CALCULATIONS/PAYOFFS
Loan amounts shown in seller(s) and buyer(s) settlement statements were determined from information provided
to First American Title Company by the lender, or escrow provider, copies of which are available to the parties for
inspection. Any inaccuracies or deficiencies in the calculation of these amounts by the lender or escrow provider
remain the responsibility of the party legally obligated thereunder.
Seller initialsf. ��r••mac/ Buyer initials:
WATER RIGHTS
The parties acknowledge that First American Title Company is not responsible for the transfer of any water, or
water rights.
I hereby agree to hold you harmless from the failure of the transfer of water to myself regardless of the reason
or cause. If any transfer of water is being done, it is an accommodation for me. I understand that you have not
made a search of the water rights to this land. I further understand that you are not making any representation
and warranty concerning said water rights.
By Montana law, failure of the parties at closing or transfer of real property to pay the required fee to the
Montana Department of Natural Resources and Conservation for updating water right ownership may result in the
transferee of the property being subject to a penalty. Additionally, in the case of water rights being exempted,
severed, or divided, the failure of the parties to comply with section 85-2-424, MCA, could result in a penalty
against the transferee and rejection of the deed for recording.
Seller initials: 01m , Buyer initials:
First American Title Company is hereby authorized and instructed to insert appropriate addresses on any and all
documents generated by this escrow, that may or may not have been previously signed by buyers and/or sellers
herein.
GENERAL PROVISIONS
MISCELLANEOUS FEES
Escrow Holder may incur certain additional costs on behalf of the parties for services performed by third party
providers. The fees charged by Escrow Holder for such services may include a mark up over the direct cost of
such services to reflect the averaging of direct, administrative and overhead charges of Escrow Holder for such
services.
RECONVEYANCE
In the event a lender who is paid in full in connection with this escrow, fails to timely forward the paid Note and a
request for reconveyance of the paid Deed of Trust, the escrow holder acting as trustee and title insurer may use
the procedures outlined in state statutes and regulations to effect a reconveyance of the Deed of Trust. Among
other provisions of this chapter is the following: "The reconveyance of a trust deed pursuant to this chapter shall
not itself discharge any personal obligation that was secured by the trust deed at the time of its reconveyance."
DEPOSIT OF FUNDS AND DISBURSEMENTS
All disbursements shall be made by your check. You are authorized not to close escrow or disburse until good
funds, as provided for in state statutes and regulations have been confirmed. All funds received in this escrow
shall be deposited in one or more of your general escrow accounts with any bank doing business in said State
may be transferred to any other general escrow account or accounts. Upon specific instructions from all parties
to this escrow, you may hold funds as otherwise instructed herein.
CLOSE OF ESCROW
The expression "close of escrow" means the date on which instruments referred to herein are filed for record
unless otherwise indicated herein. Recordation of any instrument delivered through this escrow, if necessary or
proper in the issuance of a policy of title insurance called for, is hereby authorized.
AUTHORIZATION TO FURNISH COPIES
You are to only furnish a copy of these instructions, amendments thereto, closing statements and/or any other
documents deposited in this escrow, to the lender or lenders, the real estate broker or brokers and/or the
attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys.
CONFLICTING DEMANDS OR CLAIMS
Should you, before or after the close of escrow, receive or become aware of any conflicting demands or claims
with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein
or affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is
resolved to your satisfaction, and you shall have the further right to commence or defend any action or
proceedings for the determination of such conflict. The provisions herein shall include, but are not limited to,
conflicting demands or disputed claims relating to the real estate commissions and/or brokerage fees.
ATTORNEYS FEES, COST/SUIT IN INTERPLEADER
The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including
reasonable attorneys fees suffered or incurred by you in connection with, or arising out of this escrow, including,
but without limiting the generality of the foregoing, as suit in interpleader brought by you. The parties expressly
agree that you, as escrow holder, have the absolute right, at your election, to file an action in interpleader. You
are authorized to deposit with the Clerk of Court all documents and funds held in this escrow.
RIGHT OF CANCELLATION
If any party to this escrow elects to cancel these instructions because of the failure of any party to comply with
any of the terms hereof within the time limits provided herein, said party so electing to cancel shall deliver a
written notice to the other party and escrow agent demanding that said other party comply with the terms hereof
within ten days from the receipt of said notice by escrow agent that these instructions shall hereupon become
canceled. When the written notice is delivered to escrow agent by the party so electing to cancel, escrow agent
shall within 5 days thereafter send a copy of said notice to the other party in the manner provided by law and the
usual practices of the escrow agent. In the event said other party shall fail within said ten day period to comply
with all of the terms hereof, these instructions shall become canceled and escrow agent is thereupon authorized:
(a) first, to pay to the party electing to cancel any earnest money deposited hereunder by said other party, after
deducting any charges: (b) second, to pay to said other party, any other money deposited hereunder by said
other party, after deducting any charges remaining unpaid; (c) third, to pay to the party electing to cancel, any
money deposited by said party, after deducting any charges remaining unpaid; and (d) fourth, to return all
documents deposited hereunder to the party who delivered the same except documents executed by more than
one party, which shall be marked "canceled" and retained in the files of escrow agent.
LEGAL ADVICE
Both Seller and Buyer acknowledge by their signatures hereon the following: I have been specifically informed
that First American Title Company (hereinafter designated as "First American Title Company") is not licensed to
practice law and no legal advice has been offered by First American Title Company or any of its employees. I
have been further informed that First American Title Company is acting only as escrow agent and that it is
forbidden by law from offering advice to any party regarding the merits of this escrow transaction or the nature
of the instruments utilized, and that it has not done so. I have not been referred by First American Title
Company to any named attorney or attorneys or discouraged from seeking advice of any attorney, but have
been requested to seek legal council of my own choosing at my own expense, if I have doubt concerning any
aspect of this transaction.
CONSUMER COMPLAINTS
If you have a concern or complaint about the settlement services or title insurance you received from us, please
contact our compliance team at:
cfpb@titiefc.com or
Title Financial Corporation
Compliance Department
P.O. Box 580
Blackfoot, Idaho 83221
PREPARATION OF FORM DOCUMENTS
I further declare all instruments to which I am a party, if prepared by First American Title Company, have
been prepared under the direction of my attorney, agents acting in my behalf, or myself, at my direction or
request, and particularly declare that copying legal descriptions from title reports onto forms of deeds, etc., or
reforming of legal descriptions or agreements, is or will be solely at my direction or request.
PERSONAL PROPERTY TAXES
No examination or insurance as to the amount or payment of personal property taxes is required unless
specifically requested.
TAXPAYER REPORTING INFORMATION
The Seller(s) acknowledges that Federal Law requires First American Title Company to report this transaction to
the Internal Revenue Service on Form 1099.
FACSIMILES/ELECTRONIC DOCUMENT DELIVERY
In the event Seller and/or Buyer utilize facsimile or electronically transmitted documents, Seller and Buyer agree
to accept and instruct First American Title Company to rely upon documents as if they bore original signatures.
Seller and Buyer agree to provide the documents bearing the original signatures within 5 days of transmission.
Seller and Buyer acknowledge and agree that any documents necessary for recording may not be accepted by the
County Clerk and Recorder, with facsimile or electronically transmitted signatures, thus delaying the close of
escrow.
AMENDMENTS TO ESCROW INSTRUCTIONS
Any amendments of and/or supplements to any instructions must be in writing. If any "Earnest Money
Agreements," "Receipt and Agreements to Purchase" or the like are attached to these instructions and one or
more terms of said agreements conflict with or vary from these instructions, these instructions shall nevertheless,
control.
FINANCIAL SOLVENCY
Both Seller and Buyer hereby agree to hold First American Title Company harmless from all liability due to the
financial status or insolvency of any other party, or any misrepresentation made by any other party and any loss
or impairment of funds that have been deposited in escrow that are in the course of collection or while those
funds are on deposit in a financial institution if such loss or impairment results from the failure, insolvency or
suspension of a financial institution, or any loss or impairment of funds due to the invalidity of any draft, check,
document or other negotiable instrument delivered to the escrow agent.
We have been afforded adequate time and opportunity to read and understand these escrow
instructions and all other documents referred to therein.
I/We approve of the foregoing instructions, agree to be bound thereby, and will deliver to you documents,
instructions and/or funds required within the time limits specified herein, which you are authorized to deliver
when you can issue your policy of title insurance as set forth above. You are instructed to use the funds and
record the documents to comply with said escrow instructions and to pay all encumbrances of record necessary,
without further approval including prepayment penalties, to show title as herein provided. I agree to pay your
usual escrow fees, drawing of documents and such other charges which are advanced for my account regardless
of the consummation of this escrow. I also agree to pay title insurance premiums and recording fees which are
properly chargeable to me.
Dated: July 16, 2014
BUYER(S):
The City of Bozeman, Montana
B . Anna R nberry, A inistrative
Services Director
Address:
Tract 1A1 of COS 2554B
Bozeman, MT 59718
SELLER(S): Vesta Fern Anderson Estate and Baxter Ranch Holdings, LTD.
Spencer Neil Anderson, Personal
Representative for the Estate of Vesta Fern
Anderson, de ase
G,
Spencer Neil Anderson, Personal
Representative
Baxter Ranch Holdings, LTD.
By: 5DV Enterprises, LLC, General Partner
for Baxter Ranch Holdings, LTD
By: Ann Marie Allen, Manager
Address:
Form No.641 (U01-2013)
DNRC OWNERSHIP UPDATE
DIVIDED INTEREST
Complete one form for each water right that will be
divided. Your water right will be divided into separate water rights FOR DEPARTMENT USE ONLY
based on the information provided. Redd Date
Submit all three pages of this form with the filing fee;a deed, Rec'd By
contract for deed,or other recorded document;a water right Fee Rec'd$ Check No.
abstract;and a map. Payor
Contact your local DNRC Water Resources Regional Office if you Refund$ Date
have any questions. Deposit Receipt#
Filing Fee $50.00 OUID#
if all interested parties wish to split the waterright, each must fill out and sign either part B or part C of this
form. A water right can be split into several portions on one form for one $50 riling fee. All interested
parties must sign off on the split of water rights even if theirportions are not split into individual rights.
PART A—GENERAL INFORMATION
1. DATE OF LAND TRANSFER(SALE) July 25, 2014
2. WATER RIGHT BEING DIVIDED 41 H 138937-00
3. SELLER(Grantor) Estate of Vesta F.Anderson/Baxter Ranch Holdinqs Ltd,
MAILING ADDRESS c/o Anderson &Liechty, P.C., P.O. Box 3253
CITY Billinqs STATE MT Zip59103-3253
PHONE (406)254-8904 EMAIL mandersonPa-Ilaw.com
4. BUYER(Grantee) City of Bozeman
MAILING ADDRESS Attn: Legal-Tim Cooper; P.O. Box 1230
CITY Bozeman STATE MT Zip 59771
PHONE (406)582-2313 EMAIL TCooperpBozeman.net
5. HOW IS THIS WATER RIGHT BEING DIVIDED? Please check only one.
❑X The water right is being divided as specifically identified in a deed,contract for deed,or other recorded document.
(Attach a copy and underline the divided interest information.)
❑ The water right is being divided proportionately between the buyer and seller based on the place of use described in
the water right. (Attach a copy of the deed,contract for deed,or other recorded document.)
6. WATER RIGHT ABSTRACT
A current DNRC general abstract of the water right being divided must be submitted. To receive DNRC generated water
right abstracts,query the water right at the following web address:httoJ/www.nds.state.mt.us/dnrc/waterrightsl or contact
the regional office serving your area.
7. MAP
❑X A map must be provided. An aerial photo is preferred. You may also use a scaled map,county plat or quad map showing
township and range,section comers,and a north arrow. The following elements must be identified on the map:
a.The place of use the seller is retaining; c.Point(s)of diversion;and
b.The place of use the buyer is receiving; d.The location of any irrigated acres.
IMPORTANT NOTES
• If you want to change or add a point of diversion, place of use,place of storage,or purpose of use of a water right you must
first file a change application with the DNRC.
• The combined portions of a divided water right cannot exceed the total flow rate,volume,or period of diversion of the
original right.
• The DNRC has no jurisdiction concerning easement,right-of-way,and zoning matters. The buyer and seller must make
these provisions where necessary.
• There may be ongoing court action regarding this water right and terms and conditions applicable to the exercise of the
divided right. The buyer should be familiar with all aspects of the right received.
Form 641 DNRC Ownership Update—Divided Interest Page I
PART B-SELLER'S PORTION
(Attach additional sheets if necessary)
1. SELLER'S NAME Estate of Vesta F.Anderson/Baxter Ranch Holdings,Ltd.
2. PORTION OF WATER RIGHT RETAINED
If specifically identified in the attached recorded document,what flow rate will be retained by the Seller? •834 ❑gpm 21 cfs
Unless specifically divided in the attached recorded document,both the Seller's and Buyer's water right will retain the full flow
rate and the use of the flow rate must be shared and/or alternated. Attach an additional sheet explaining how this will be done
such that,in combination,the flow rate of the original water right will not be exceeded.
Purpose of Use Irrigation Volume(acre-feet) 304.30
Purpose of Use Volume(acre-feet)
3. POINT OF DIVERSION(describe the location to the nearest 10 acres,three quarter sections)
1/4 1/4 114 Sec 11 TWP 3 ❑N ❑x S RGE 4 ❑x E ❑W
Lot/Tract Block Subdivision Name
COS Gov't Lot County
1/4 114 1/4 Sec TWP ElN ElS RGE ❑ E ❑W
Lot/Tract Block Subdivision Name
COS Gov't Lot County
4. PLACE OF USE
Purpose of Use Irrigation County Gallatin
160 acres W1/2 1/4 W1/2 114 1/4 Sec 3 TWP 2 ❑N p S RGE 5 p E ❑W
320 acres N 1/21/4 1/4 1/4 Sec 4 TWp 2 ❑N p S RGE 5 x❑ E ❑W
80 acres E1/2 1/4 NE 1/4 1/4 Sec 5 TWp 2 5
[INpS RGE p E ❑W
acres 1/4 1/4 114 Sec TWP ❑N ❑S RGE ❑ E ❑W
560 Total Acres
Lot/Tract 1A Block Subdivision Name
COS 2554A Gov't Lot
Geocodes(s)
Purpose of Use County
acres 1/4 114 1/4 Sec TWP ❑N ❑S RGE ❑ E ❑W
acres 114 1/4 1/4 Sec TWP ❑N ❑S RGE ❑ E ❑W
acres 1/4 1/4 114 Sec TWP ❑N ❑S RGE ❑ E ❑W
acres 1A 1/4 1/4 Sec TWP ❑N ❑S RGE ❑ E ❑W
Total Acres
Lot/Tract Block Subdivision Name
COS GoVt Lot
Geocodes(s)
S. SIGNATURE
l DECLARE UNDER PENALTY OF PERJURY AND UNDER THE LAWS OF THE STATE OF MONTANA THAT THE
FOREGOING IS TRUE CORRECT.
Seller Signature: Date:
Seller Signature: Date:
Fomi 641 DNRC Ownership Update—Divided Interest Page 2
PART C-BUYER'S PORTION
(Attach additional sheets if necessary. If more than one buyer,add sheets showing each buyer's portion.)
1. BUYER'S NAME City of Bozeman
2. PORTION OF WATER RIGHT ACQUIRED
Flow Rate(gpm/cfs) •166 cfs (Only if specifically identified in the attached recorded document—see Part B,Number 2)
Purpose of Use Irrigation Volume(acre-feet) 60.57
Purpose of Use Volume(acre-feet)
3. POINT OF DIVERSION(describe the location to the nearest 10 acres,three quarter sections)
1/4 1/4 114 Sec 11 TWP 3 ❑N ❑x S RGE 4 x❑ E ❑W
Lot/Tract Block Subdivision Name
COS Gov't Lot County
1/4 1/4 1/4 Sec TWP ❑N ❑S RGE ❑ E ❑W
Lot/Tract Block Subdivision Name
COS Gov t Lot County Gallatin
4. PLACE OF USE
Purpose of Use Irrigation County Gallatin
80 acres NW 1/4 SW 1/4 1/4 Sec 3 TWP 2 ❑N p S RGE 5 p E ❑W
acres 1/4 1/4 1/4 Sec MID ElN ❑S RGE ❑ E ❑W
acres 1/4 1/4 1/4 Sec TWP ❑N ❑S RGE ❑ E ❑W
acres 114 1/4 114 Sec TWP ❑ N ❑S RGE ❑ E ❑W
Total Acres
Lot/Tract Block Subdivision Name
COS 2554E Gov't Lot
Geocodes(s)
Purpose of Use County
acres 1/4 1/4 1/4 Sec TWP ❑ N ❑S RGE ❑ E ❑W
acres 1/4 1/4 1/4 Sec TWP ❑ N ❑S RGE ❑ E ❑W
acres 1/4 1/4 1/4 Sec TWP ❑ N ❑S RGE ❑ E ❑W
acres 114 114 1/4 Sec TWP ❑N ❑S RGE ❑ E ❑W
Total Acres
Lot/Tract Block Subdivision Name
COS GoVt Lot
Geocodes(s)
5. SIGNATURE
I DECLARE UNDER PENALTY OF PERJURY AND UNDER THE LAWS OF THE STATE OF MONTANA THAT THE
FOREGOING IS TRUE AND CORRECT.
Buyer Signature: Date:
Buyer Signature: Date:
Form 641 DNRC Ownership Update—Divided Interest Page 3
When recorded,return to:
Pam Spillane
Escrow Officer
First American Title Company
924 Stoneridge Drive,Unit 1
Bozeman,MT 59718
WARRANTY DEED
FOR VALUABLE CONSIDERATION,the receipt of which is acknowledged,the undersigned,
BAXTER RANCH HOLDINGS,LTD
and
ESTATE OF VESTA F.ANDERSON,Spencer Neil Anderson,Personal Representative,
parties of the first part,hereby grant(s)unto:
THE CITY OF BOZEMAN,MONTANA party of the second part,all of their right,title and interest
in and to certain real property in Gallatin County,Montana,described as follows:
Tract lAl of Certificate of Survey No.2554B,located in the NW'/a and SW 1/a of Section
Three,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
Together with the following interest in Grantors' water rights:
1 share of Grantors'interest in the Farmers Canal Company decreed right
41H 120530-120537
and
D IV kD"`Q�'� Sixteen and 6/IOth percent(16.6%)interest in Grantor's interest in West
Gallatin decreed right 4 1 H 13 893 7-00
Warranty Deed
Baxter Ranch Holding Ltd/Estate of Vesta Anderson to
City of Bozeman
Page 1
SUBJECT TO and RESERVING to Grantors all of Grantors' right, claim or interest in
Baxter Creek decreed right 41H 126871-00.
Togetherwith anyreversion(s),remainder(s),rents,issues and profits thereof;and also all the estate,
right,title and interest,and right of homestead,possession,claim and demand whatsoever,as well as in law
as in equity,of the said parties of the fast part in or the said premises,and everypart and parcel thereof,with
the appurtenances thereto belonging;TO HAVE AND TO HOLD,all the above mentioned and described
premises unto the said parties of the second part; SUBJECT TO:
a) Reservations and exceptions in patents from the United States or the State of Montana;
b) All existing easements and rights-of-way;
d) All building,use and zoning restrictions.
IN WrI NESS WHEREOF,the said part(ies)of the first part ha(s)(ve)hereunto set their hands)and
seal(s)the day and year first hereinbefore written.
BAXTER RANCH HOLDINGS,LTD.
BY:
ANN MARIE ALLEN,Manager
ESTATE OF VESTA F.ANDERSON
BY:
SPENCER N.ANDERSON,Personal Representative
STATE OF TEXAS )
:ss.
County of Comal/Guadalune )
On this_day of July,2014 before me,the undersigned,a Notary Public for the State of Texas,
personally appeared ANN MARIE ALLEN,Manager,Baxter Ranch Holding,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]
Warranty Deed
Baxter Ranch Holding Ltd/Estate of Vesta Anderson to
City of Bozeman
Page 2
Notary Public for the State of Texas
Residing at ,Texas
My Commission Expires:
STATE OF MONTANA )
:ss.
County of Gallatin )
On this _day of July, 2014, before me, the undersigned, a Notary Public for the State of
Montana,personally appeared SPENCER N.ANDERS ON,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.
[print name]
Notary Public for the State of Montana
Residing at ,Montana
My Commission Expires:
Warranty Deed
Baxter Ranch Holding Ltd/Estate of Vesta Anderson to
City of Bozeman
Page 3
October 12,2006 Page 2 of 8
41H 138937-00
General Abstract
STATE OF MONTANA
DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION
1424 9TH AVENUE P.O.BOX 201601 HELENA,MONTANA 59620-1601
GENERAL ABSTRACT
Water Right Number: 41H 138937-00 STATEMENT OF CLAIM
Version: 1—ORIGINAL RIGHT
Version Status:ACTIVE
Owners: BAXTER,MARIE C LIFE ESTATE
%VESTAANDERSON
122128 WEST i
BILLINGS,MT 59102-3790
Priority Date: JUNE 15,1870
Enforceable Priority Date:JUNE 15,1870
Type of Historical Right: DECREED
Purpose(use): IRRIGATION
Maximum Flow Rate: 1.00 CFS
Maximum Volume: 364,87 AC-FT
Maximum Acres: 560.00
Source Name: WEST GALLATIN RIVER
Source Type: SURFACEWATER
Point of Diversion and Means of Diversion:
ID Govt Lot Otr-Sec Sec Taw xtge Coun
1 SWNWNW 11 3S 4E GALLATIN
Period of Diversion:MAY 1 TO OCTOBER 31
Diversion Means: HEADGATE
Ditch Name: FARMERS CANAL
DITCH NAME:FARMERS CANAL
Purpose(Use): IRRIGATION
Irrigation Type: FLOOD
Climatic Area: 4-MODERATELY LOW
Volume: 364.87 AC-FT
Period of Use: MAY 1 10 OCTOBER 31
Place of Use:
ID Acres Govt Lot Qtr Sec Sec Taw RRe Coun
1 160.00 W2W2 3 2S 5E GALLATIN
2 320.00 N2 4 2S 5E GALLATIN
3 80.00 E2NE 5 2S 5E GALLATIN
Total: 560.00
Remarks:
THE WATER RIGHTS FOLLOWING THIS STATEMENT ARE SUPPLEMENTAL WHICH
MEANS THE RIGHTS HAVE OVERLAPPING PLACES OF USE.THE RIGHTS CAN BE
COMBINED TO IRRIGATE ONLYOVERLAPPING PARCELS OFTHE CLAIMANTS TOTAL
720.00 ACRES.EACH RIGHT IS LIMITED TO THE FLOW RATE AND PLACE OF USE OF
THAT INDIVIDUAL RIGHT.THE SUM TOTAL VOLUME OF THESE WATER RIGHTS SHALL
NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE.
126871-00 138937-00
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WATER RESOURCES OFFICES
BILLINGS: AIRPORT INDUSTRIAL PARK, 1371 RIMTOP DR.,BILLINGS MT 59105-1978
PHONE: 406-247-4415 FAX: 406-247-4416
SERVING: Big Horn,Carbon,Carter,Custer,Fallon,Powder River,Prairie,Rosebud,Stillwater,Sweet Grass,Treasure,
and Yellowstone Counties
BOZEMAN: 2273 BOOT HILL COURT,SUITE 110,BOZEMAN MT 59715
PHONE: 406-586-3136 FAX: 406-587-9726
SERVING: Gallatin,Madison,and Park Counties
GLASGOW: 222 6TH STREET SOUTH,PO BOX 1269,GLASGOW MT 59230-1269
PHONE: 406-228-2561 FAX: 406-228-8706
SERVING: Daniels,Dawson,Garfield,McCone,Phillips,Richland,Roosevelt,Sheridan,Valley,and Wibaux Counties
HAVRE: 210 6TH AVENUE,PO BOX 1828,HAVRE MT 59501-1828
PHONE: 406-265-5516 FAX: 406-265-2225
SERVING: Blaine,Chouteau,Glacier,Hill,Liberty,Pondera,Teton,and Toole Counties
HELENA: 1424 9TH AVE.,PO BOX 201601,HELENA MT 59620-1601
PHONE: 406-444-6999 FAX: 406-444-9317
SERVING: Beaverhead,Broadwater,Deer Lodge,Jefferson,Lewis and Clark,Powell,and Silver Bow Counties
KALISPELL: 655 TIMBERWOLF PARKWAY,SUITE 4,KALISPELL MT 59901-1215
PHONE: 406-752-2288 FAX: 406-752-2843
SERVING: Flathead,Lake,Lincoln,and Sanders Counties
LEWISTOWN: 613 NORTHEAST MAIN ST.,SUITE E,LEWISTOWN MT 59457-2020
PHONE: 406-538-7459 FAX: 406-538-7089
SERVING: Cascade,Fergus,Golden Valley,Judith Basin,Meagher,Musselshell,Petroleum,and Wheatland Counties
MISSOULA: 2705 SPURGIN RD,BLDG.C,PO BOX 5004,MISSOULA MT 59806-5004
PHONE: 406-7214284 FAX: 406-542-5899
SERVING: Granite,Mineral,Missoula,and Ravalli Counties
MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION
Water Resources Division - Water Rights Bureau
WEBSITE. hftp://dnrc.mt.gov/wrd/
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Forn 641 DNRC Ownership Update—Divided Interest Page 4