HomeMy WebLinkAbout15- Four Points MT LLC Agricultural Water User(s) Facilities Easement MINOR 475
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Page: 1 tof 2 07114,2015 10*27 M Fee: $2.00llatinCountyCharlote Mills — Ga T MISC
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AGRICULTURAL WATER USER(S)FACILITIES EASEMENT
Four Points MT LLC, Owner of Tract lA of COS 2202C, GRANTOR, in consideration
of One Dollar ($1.00) and other good and valuable consideration, receipt of which is
acknowledged, grants to downstream water users of Tract lA of COS 2202C for access to the
irrigation facility on said property in sufficient width to allow the physical placement and
unobstructed maintenance of active open ditches or below ground pipelines. The easement shall
facilitate the delivery of water for irrigation to persons and lands legally entitled to the water
under an appropriated water right or permit of an irrigation district or other private or public
entity formed to provide for the use of the water right;
The GRANTOR shall ensure the conveyance of irrigation water through the land to be
developed to lands adjacent to or beyond the development's boundaries in quantities and in a
manner that are consistent with historic and legal rights and a minimum width of ten feet is
required on each side of irrigation canals and ditches or a minimum width to allow for
construction, repair, maintenance and inspection of the ditch and the placement of structures or
the planting of vegetation other than grass within the irrigation facility easement is prohibited
without the written permission of the facility owner.
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 7 day of , 2015.
GRA
STATE OF )
) ss.
County of )
On this day of , 2015, before me the undersigned, a Notary
Public for the State of - , personally appeared, mot � g ,
known to me to be the t dC- ff/7'o-- of r11
1
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 6
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
sua'�, Chris Budeski
,-_...'-'.FS' Notary Public
,O-VA the State of Mo,-;`-n--.
*_ Residing ar-
m�•SEAL:=Q Bozeman, Mortar
My Commission E>T .
November26. ^0
Notary Public for the State of C
,,,
, X! aua" Chris Budeski
�? Fs
o•• Notary Public
NOTAgiq =for the State of Montana
* *= Residing at:
N,.SEAL-f zF Bozeman, Montana
MY Commission Expires:
November 26,2015
(Printed Name)
Residing in '
My Commission Expires / /20