HomeMy WebLinkAbout12-2 Agricultural Water Exhibits 2019-09-24 ,Oir.
jrft-
- •-� • �.
I � ,may I � i'' � ''-• a ^� � ,� � o
4J� �r/
p
r _ — _
Yi
KEKE
COLLEGE STREET
' MG o ~�
LaJ I e 3 mLL
1
SECTION LINE DITCH RELOCATION
31"X51"ARCH CONCRETE PIPE G-=43.17
iF
s.t
0 E
D FARMER 5 CANAL o
��YIJ
o '
o `1 t1 FARMER'S CP'NA(-
o
z
C c 44 80
TP= G=52.87 W
TP c 47.7 CD
Q Z
i x Q
Q U ii
• o ~
W
IS
Q w Q
Ji m
� J
z Z N Q
Z
V I U
G=52.45
to TP=18.41
" I Iw�1 J N
Q �
a I FARMERS CANAL RELOCATION O H w
t+• I 60' MINIMUM CONCRETE PIPE sn �,- < O] w IX
c7 I U EQ�
w ZO
o ,
I U
N
d 1 Q
0 I W
G-58.52 G-58.15 G=57.83 G=5882 O
z �`14i. TP_48A2 TP=47.28 A LENGTH = 4238' SLOPE - 0.130% TP=46.20 rn-Wu m
j CRAP C SCALE
N 100 SD 1 PROJECT N0.
p 3638.002.040.0310
(IN FEET.) r i 119_ Li Z,_
SHEET NUMBER
M
PIPE IS MINIMUM 60" ARCP DRAWING NUMBER
S
e § {
\� �f � � •\ \ \ )
yz�E ¥ d � E
¥gLE
�Lf i m \ §
Of� m \ 6
/§�� § U \ /
crw
< §b
q\23 \�
®�
{ [ k\/
§ em
f /0K "
�ifLi Li kj )
w
w� }
. o �
c - i Of
31\ \ �$
| d ±3 )0
y
i K), o
b
L
0
— } \8<
CO CC
�L,J
LLJM
EW2oI
) a ELL. 2ƒ0
� w �
0
\
- - � -b
I ƒ
. /
I .
I . °
91NIkitchell
Develop ent Group
commercial real estate development
November 24, 2004
Farmers Canal Co.
C/o Bob& Roxie Davis
13920 Thiesen Rd
Belgrade, MT 59714
RE: Farmers Canal—Bozeman Gateway
S. W. Corner of Huffine Lane & College Street
Bozeman, Montana
Dear Mr. &Mrs. Davis:
Thanks to both of you as well as Dick Morgan, for meeting with Greg Stratton and me at
the Grantree Inn on November 18''. This letter shall serve to establish an understanding
between Farmer's Canal Company of Gallatin County (FCC) and Mitchell Development
Group, LLC (MDG) regarding the anticipated development of the Bozeman Gateway and
the corresponding on site alterations to the existing Farmer's Canal and Section Line
Ditch.
In conjunction with the forthcoming installation of Fowler Avenue South from Huffine
Lane to Garfield Street,MDG shall:
1) Install a squashed concrete culvert, of no less than 60 inches (dependent upon
the City of Bozeman's final requirements) beneath new Fowler Avenue within
the existing Farmer's Canal. The length of the culvert will be approximately
120 feet.
2) Install squashed concrete piping, commencing approximately 100 feet north of
the existing Section Line Ditch gate, of no less than 48 inches to serve as a
replacement conduit for the current Section Line Ditch' which shall cross
beneath new Fowler Avenue and then run adjacent to the eastern edge of
Fowler, north to the current siphon on the south edge of Huffine Lane.
3) Install a replacement splitter box approximately 100 feet north of the existing
Section Line Ditch gate, which will allow flow to be split between Section
Line Ditch and Baxter Border Tributary Channel. Provide an apparatus
capable of locking the boards in the splitter to avoid vandalism.
4) Provide a route to divert Farmer's Canal overflow/blow-off along the Baxter
Border Tributary south of Huffine Lane.
5) Pay for and relocate a weir within the Section Line Ditch between the existing
Farmer's Canal gate and the commencement of the new Section Line Ditch
Pipe. FCC shall bill MDG for the cost of the weir, which was represented at,
or about $2000.00.
6) Install a grate at the commencement of the new Section Line Ditch pipe to
preclude debris and access by children or recreationalists.
7) Should it be required at a later date as determined by FCC, MDG shall pay for
and install a weir within Harmon Stream (upper Cattail Creek). FCC shall
provide the weir and bill MDG for the cost, which was represented at or about
$2000.00.
In conjunction with the relocation of the Farmer's Canal by MDG, the following is
understood:
1) MDG shall prepare a document to release the existing easement(s) for the
current Farmer's Canal location, prepare a replacement easement to coincide
with the new pipe location and prepare a letter to accompany the documents
which shall address the canal relocation process along with the timing of the
replacement usage.
2) Following the review by both parties, MDG shall sign the replacement
easement, have FCC execute the release of existing easements and the
replacement easement as necessary and place them in escrow until such time
that the pipe relocation process is completed and both FCC and MDG are
ready to have the Farmer's Canal flow routed into the new pipe.
3) MDG shall seek the appropriate approval from the Army Corp of Engineers
for the canal relocation.
4) MDG shall reroute the existing canal by installing a squashed concrete pipe of
no less than 60 inches within the replacement easement, in accordance with
the requirements of the City of Bozeman, if any.
5) MDG shall install grates at either end of the concrete pipe to preclude debris
and child or recreational access.
2
6) MDG will contract with Morrison Maierle to engineer and draw the
construction plans and prepare the specifications for the encapsulation of the
pipe in its new location.
7) MDG will pay for all costs attributed to the construction of the relocation.
8) During the course of construction, MDG shall, at its sole cost and expense,
procure and maintain in full force and effect, a policy or policies of
Comprehensive Public Liability Insurance naming FCC as an additional
insured.
Hopefully all the critical issues of our discussion have been addressed. Should I have
omitted an item or if something is'in error, please call me as soon as convenient at
(406)868-9281.
Again, thank you for your consideration. Undoubtedly, I will seek more counsel in the
future.
Sincerely,
�---�Iit ell De opment Group, LLC
r
J Davison
cc: Ted J. Mitchell
Mark Macek
Curtis Ward
Vicky Sullivan, C.O.E.
Debbie Arkell, City of Bozeman
3
A41tchell
Development Group
commercial real estate development
April 19, 2005
Fanners Canal Co.
13920 Thiesen Rd.
Belgrade, MT 59714
Attn: Bob Davis
Re: Easement Agreement/Farmer's Canal Relocation—The Bozeman Gateway-
Bozeman, MT
Dear Bob:
As a follow-up to our meeting on April 13`i', enclosed are the following documents which
have been fully executed by Mitchell Development Group, LLC:
1.) Two (2) copies of an Underground Irrigation Ditch Easement and Agreement.
2.) Two (2) copies of an Easement Release.
Per our agreement, you will note that under Item#4 in the Underground Irrigation Ditch
Easement,the prior "consent"requirement has been modified to "written notice" should
the existing 1981 Bozeman City/Farmer's Canal document be altered in the future.
If you would, please have all documents properly executed, dated and acknowledged on
behalf of the Farmer's Canal Company. When complete, forward the entire set to Curtis
R. Ward, P.C. in the enclosed envelope. Curt's office will generate written escrow
instructions and place all executed originals in escrow with First American Title in
Bozeman. You shall receive a copy of the escrow instructions for your file.
Only after concrete pipe installation and subsequent inspection by both parties will the
easement documents be recorded and distributed to our respective parties.
Thanks to you and Dick for helping me with this. If something is in error or I've fouled
something up, please call me at (406) 868-9281.
P.O. Box 738 Phone (406) 761-4400
Great Falls, MT 59403 email: niitcliell—dev@sofast.net Fax (406) 761-4401
Sincerely,
Mitch ll Develqpment Group, LLC
Davison
Enclosures: 5
cc: Ted Mitchell
Curt Ward
Recording Requested By and
When Recorded Return to:
-----------------------------------------------------------------------------------------------------------
UNDERGROUND IRRIGATION DITCH EASEMENT AND AGREEMENT
THIS UNDERGROUND IRRIGATION DITCH EASEMENT AND AGREEMENT
__("Agreement") is made and entered into as of the _ day of , 2005, by and between
MITCHELL DEVELOPMENT-GROUP,.LLC,aMontanalimited liability company("MDG"),an
FARMERS CANAL COMPANY, a Montana corporation("FCC").
RECITALS
WHEREAS,MDG is the owner of that certain real property located near the intersection of
College Avenue and Huffine Lane(U.S. Hwy. 191), in Gallatin County, State of Montana, which
property is shown on Exhibit A attached hereto and more particularly described on Exhibit B
attached hereto ("MDG Property"); and
WHEREAS,FCC has historically maintained a ditch easement for the operation of what is
commonly known as the "Fanners Canal" across a portion of the MDG Property in the location
shown as "40' Canal Easement" on Exhibit A("40' Canal Easement"); and
WHEREAS, FCC and the City of Bozeman("City")are parties to that certain Agreement
regarding the Farmers Canal dated October 21, 1981 and filed of record with the Gallatin County
Recorder on April 26, 1982, Book 69 of Miscellaneous, Page 879, Instrument No. 97272 ("City
Agreement"); and
WHEREAS,the Parties have detennined and agreed to reconfigure and reroute the Farmers
Canal through the MDG Property through an underground pipeline constructed and installed by
MDG in the location shown as"30'Ditch Easement"on Exhibit A("Underground Pipeline"); and
WHEREAS,MDG desires to grant to FCC an easement for the Underground Pipeline for
the continued use and operation of the Farmers Canal,upon and subject to the terms and conditions
hereinafter set forth; and
WHEREAS, the 40' Canal Easement will be vacated and released by FCC by separate
document in connection with and as a condition to the execution, delivery and recordation of this
Agreement;
NOW, THEREFORE,for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, MDG and FCC agree as follows:
1. The above recitals are incorporated herein and made a part hereof.
2. MDG does hereby grant to FCC a perpetual easement under and through that portion of
the MDG Property shown and more particularly described as "30'Ditch Easement" on Exhibit A
("Easement Area."),for the Underground Pipeline for the continued use and operation of the Farmers
Canal ("Easement").
3. FCC's use of the Easement Area and the exercise of its rights hereunder shall not
unreasonably interfere with the business activities and operations of MDG,its tenants or assigns on
the MDG Property. The use of the MDG Property by MDG, its tenants or assigns shall not
unreasonably interfere with the FCC's use of the Easement Area and the exercise of its rights
hereunder.
4. The parties acknowledge and agree that the City has maintenance, repair and other
responsibilities and obligations regarding the Farmers Canal(including the Underground Pipeline)
as more particularly set forth in the City Agreement. FCC agrees that it will promptly notify MDG
in writing of any amendment or modification of the City Agreement.
5_ MDG reserves the right to improve the surface of the Easement Area with parking lots,
drive lanes,bridges,lighting facilities,landscaping and any other use(except buildings)which will
not defeat, damage or unreasonably interfere with the uses and purposes of the Easement as
described herein.
6. In the event legal proceedings are commenced to enforce any of the terms of this
Agreement,the prevailing party in such action shall have the right to recover reasonable attorneys'
fees and costs from the other party, to be fixed by the court in the same action.
7. This Agreement and the Easement shall run with and be appurtenant to the land and shall
inure to the benefit of and be binding on MDG and FCC,and their respective successors and assigns.
8. The Exhibits attached hereto are incorporated herein by reference.
2
IN WITNESS WHEREOF, this Agreement has been executed as of the date first above
written.
MITCHELL DEVELOPMENT GROUP,LLC,
a Montana limited liability company
By
Theodore J:'Mitchell, Manager
"MDG"
FARMERS CANAL COMPANY,
a Montana corporation
By
Its:
"FCC"
3
STATE OF MONTANA)
SS.
COUNTY OF )
On the — day of , 2005, before the undersigned, a Notary Public, duly
commissioned and sworn, personally appeared Theodore J. Mitchell, personally known to me(or
proved to me on the basis of satisfactory evidence) to be the person who executed the within
instrument as the Manager of MITCHELL DEVELOPMENT GROUP, LLC, a Montana limited
liability company, and acknowledged to me that such company executed the within instrument
pursuant to its articles of organization and operating agreement.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
NOTARY PUBLIC
Residing at:
My Commission Expires:
i
4
STATE OF MONTANA)
ss.
COUNTY OF )
On the _ day of , 2005, before the undersigned, a Notary Public, duly
commissioned and sworn, personally appeared ,
personally known to me(or proved to me on the basis of satisfactory evidence)to be the person who
executed the within instrument as of FARMERS CANAL COMPANY, a
Montana corporation,and acknowledged tome that such corporation executed the within instrument
pursuant to its by-laws or a resolution of its board of directors.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
NOTARY PUBLIC
Residing at:
My Commission Expires:
5
\ RZ4CT B
w c c o a-c CDm?> C.O.S. No. 1243 T
"�La lu-sD gZ N00'15'24"W 6U8.73
Q LaN*0 3 0m I i ROPERTY UNE o coo
>"
�o o t w w —
o Aa .: — w
ig
0 CA
W O 3 3 I U4�17�'t. A R
rq
o rry
no a
o &,5L
N0015'241r�Y�48ry3.11• } m m
� c a 3 I ;p i�� (CENTE^u..�/ N IMD S 0
p A a O A D� 1*te I I m NDC N>
x
am
LA
w:.N� a1 o to
a0)oa ot+, „ n� it I 1
nwo Zn $� 1.j
aim pNe m 'c
o
_m 2-0
na �o
a 9
an N1�ae =nm:l7Z 1 1 N O +t7
to
LOAj Vmm�Oyymyrn
A o 2 .0__ U1 V1 r,�ZD y cn O ice'!
ua. C.A �03, nC OD _; i9 nC m Corn
C
O 1
m m �s tx1
O .�..A 7E m gip• 'I Ol �._.U-Zi
n re, Ln ?� pZ
n
1p m:•a l A QC7
n N a VACrii �• ;lD r m m
l ~TtnO j I mA z
07. F�m r r= 7 a y y \ \ ny
�owan�c� qw m I•• NyZ� 1 GJ
a �° `� w n 3 o i ���m \ ` p yx l��l
p �v�c m n -1
� pppo,Sam 5a I:t: SA C11 h7
s7p aspen s
:{ m
D O ? I,\ :�' fir•"
o n
Do Qyuoom r W
n _
N p
a0
A
a eo3
voa >a ca 0z �
N
M.1
co I' m m f=
r w 1 o�_m
F C"�CAC� Z D z O
p�> rn
" in 1
A 0 � c rmpn �
$ Nor
d 611 � O�mm —
¢ Zen
r O
� N m
%g
�7mz C
Cr. m
y s tT tT
50012'32E 884.36'
——————— LENTERUNE] — .-:.• F'
I1 = —
y_ SOU'12'32"E 935.69'
B o TRACT C-lA PROPERTY UNE �, O
MINOR SUB. No. 193A m
EXHIBIT B
Legal Description of MDG Property:
The following described real property situated in Gallatin County,Montana:
Tract 2A, of the Amended Plat of West College Minor Subdivision#195A, being situated
in the NW 1/4 of Section 14,and the NEIA of Section 15,Township 2 South,Range 5 East,
P.M.M., City of Bozeman, Gallatin County,Montana.
Exhibit B -Page 1
EXHIBIT A L217.'70_-
15.50',cr 10• 195 P.O.B.
SHOWING A 30'-WIDE EASEMENT FOR FARMERS CANAL ACROSS TRACT 2A OF MINOR ue' N 5 5 S4 E
SUBDIVISION No. 195A SITUATED IN THE NWI/4 SECTION 14 AND THE NE1/4 SECTION 15, 8»E N� 1g4,52'
T2S, R5E, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY,MONTANAti
' >>e p2 1S83'52'34"W
337.11 ' � � � � � — — --- � 15' �.l.
15'
SO015'24'E
33.63' --- 30' DITCH
EASEMENT
r' 40' CANAL EASEMENT + rn
r R-584,00 L=77,10' w PER MINOR SUB. 195 I'}
Sg1'27'55°W• ::
C• `I D=T33' ' (FARMERS CANAL)
231.03, T3 52 52 TO B W
E ABANDONED w M
(CFERUttE) �.;1;r` WITH CONVEYANCE OF rn
f•
1 I N THIS EASEMENT w
w 15 ~15'
m^ co ? . 30' DITCH cv�
d I EASEMENT I -
QZ CD3
�t o 65' PUBLIC STREET
c� Cr
v a- 233.70'—l.�t2 & UTILITY EASEMENT I '
(GARFIELD ST•) 30' DITCH I ~Z
o �:..I v 85' PUBLIC STREET & DOC. #21.27250•I�
z EASEMENT
S89'31431Y 1111.95 ( �'•.I UTILITY EASEMENT GARFIELD ST) 15'� '
32.5' (CENTERLINE) DOC. #2127249 15' S89'34'27 W 1060.74' I;
— -=�. T T _ _ _ (CENTERLINE)
S89'31'43"W 1345.84'—
L 32 5' PROPERTY UNE— — — —S89434'27"W 1075.52' — — — - T
STATE OF MONFANA
A 30'-wide easement for Farmers Canal across Tract 2A of Minor Subdivision No. 195A situated in the NW1/4 Section 14 and
the NE1/4 Section 15, T2S, R5E, P.M.M., City of Bozeman, Gallatin County, Montana, the centerline of which is further described 200 0 100 200
as follows:
Beginning at a point on the northeasterly line of said Tract 2A which bears S75'14'50"W a distance of 15.50 feet from the IN FEET
northwest comer of Tract C-1A of said Minor Subdivision; thence parallel with and 15.00 feet westerly of the east line of said Tract 2A SOO'12'32'E a distance of 884.36 feet; thence parallel with and 47.50 feet northerly of the south line of said Tract 2A MORMON
S89'34'27"W a distance of 1060.74 feet and S89'31'43"W a distance of 1111.95 feet; thence parallel with and 233.70 feet MMERLE,INC. EXHIBIT A
easterly of the west line of sold Tract 2A NOO'15'24"W a distance of 4-83,11 feet; thence along a curve to the left havin a A�.,,,xn„ �" FARMERS CANAL
radius of 584.00 feet a distance of 77.10 feet; thence S81'27'55"W a distance of 231.03 fact to the end of said centerline, said CLIENT:_MIITCC'HE� ODD Opu Nr�GROUP '�'�'�"� EASEMENT
point being S00'15'24"E- a distance of 33.63 feet from the northeast corner of Tract B of Certificate of Survey No. 1243. The 'GROUP
side lines of said easement shall be extended or truncated as necessary to meet the boundary of sold Tract 2A. DRAWN
WORK DATE:02/24/05 PLOTTED DATE: Mor/09/2005 - 12:25"9 pm
DRAWN BY: SMR SCALE: DRAWING NAME:
CHECKED BY H:\asae\��\�c�o\[:arts\ESMr-Fo ., c„w1.a.y
PROJ 3638003 SHEET —I OF �_ PLQT7W er:.tiaq
i
i
Recording Requested By and
When Recorded Return to:
----------------------------------------------------------------------------------------------------------
RELEASE
THIS RELEASE ("Release") is made as of the/jL-'day of , 2005, by FARMERS
CANAL COMPANY, a Montana corporation ("FCC").
RECITALS
WHEREAS,MDG is the owner of that certain real property located near the intersection of
College Avenue and I-luffine Lane (U.S. Hwy. 191), in Gallatin County, State of Montana, which
property is shown on Exhibit A attached hereto and more particularly described on Exhibit B
attached hereto, which exhibits are incorporated herein by reference ("MDG Property"); and
WHEREAS, FCC has historically maintained a ditch casement for the operation of what is
commonly known as the "Farmers Canal" across a portion of the MDG Properly in the location
shown as "40' Canal Easement" on Exhibit A ("40' Canal Easement"); and
WHEREAS, the Farmers Canal has been reconfigured and rerouted through the MDG
Property through an underground pipeline in the location shown as"30'Ditch Easement"on Exhibit
A; and
WHEREAS,MDG has granted to FCC by separate agreement an easement for the continued
operation and maintenance of the Farmers Canal through the 30' Ditch Easement ("New Ditch
Easement"); and
WHEREAS,FCC desires to abandon, vacate and release of record all of its right,title and
interest in and to the 40' Canal Easement and any other right, title or interest FCC may have in the
MDG Property, specifically excluding its right, title and interest under the New.Ditch Easement;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, FCC hereby releases, vacates, terminates, extinguishes and
abandons all right, title and interest in and to the 40' Canal Easement and any other right, title or
interest FCC may have in MDG Property,but specifically excluding its right,title and interest under
the New Ditch Easement.
IN WITNESS WHEREOF, this Agreement has been executed as of the date first above
written.
FARMERS CANAL COMPANY,
a Montana corporation
By.
d�
Its: '--
"FCC77
2
STATE OF MONTANA)
ss.
COUNTY OF
On the 0 day of , 2005, bef re the undersigned, a Notary Public, duly
commissioned and sworn, pers lly appeared
personally known to me(or proved me on the basis of satisfactory evidence)to be the person N410
executed the within instrument as of FARMERS CANAL COMPANY, a
Montana corporation,and acknowledged to me that such corporation executed the within instrument
pursuant to its by-laws or a resolution of its board of directors.
IN WITNESS WHEREOF,I have here to set my hand and a axed my official seal the
day and year in this certificate first above written.
OTARY P L C
Residing at: i
My Commission Expires:
c
r
. rrrrrrn,,tt} ,
3
EXHIBIT B
Legal Description of MDG Property:
The following described real property situated in Gallatin County, Montana:
Tract 2A, of the Amended PIat of West College Minor Subdivision#195A, being situated
in the NW I/4 of Section 14,and the NEl/4 of Section 15,Township 2 South,Range 5 East,
P.M.M., City of Bozeman, Gallatin County, Montana.
Exhibit B -Page 1
Recording Requested By and
When Recorded Return to:
UNDERGROUND IRRIGATION DITCH EASEMENT AND AGREEMENT
THIS UNDERGROUND IRRIGATION DITCH EASEMENT AND AGREEMENT
("Agreement") is made and entered into as of the Ig' day of ,2005,by and
between MITCHELL DEVELOPMENT GROUP, LLC, a Mon a limited liability
company ("MDG), and FARMERS CANAL COMPANY, a ontana corporation
("FCC').
RECITALS
WHEREAS, MDG is the owner of that certain real property located near the
intersection of College Avenue and Huffine Lane (U.S. Hwy. 191), in Gallatin County,
State of Montana, which property is shown on Exhibit A attached hereto and more
particularly described on Exhibit B attached hereto ("MDG Property");and
WHEREAS, FCC has historically maintained a ditch easement for the operation
of what is commonly known as the "Farmers Canal' across a portion of the MDG
Property in the location shown as "40' Canal Easement" on Exhibit A ("40' Canal
Easement"); and
WHEREAS, FCC and the City of Bozeman ("City") are parties to that certain
Agreement regarding the Farmers Canal dated October 21, 1981 and filed of record with
the Gallatin County Recorder on April 26, 1982, Book 69 of Miscellaneous, Page 879,
Instrument No. 97272 ("City Agreement");and
WHEREAS, the Parties have determined and agreed to reconfigure and reroute
the Farmers Canal through the MDG Property through an underground pipeline
constructed and installed by MDG in the location shown as "30' Ditch Easement" on
Exhibit A ("Underground-Pipehne"); and
WHEREAS, MDG desires to grant to FCC an easement for the Underground
Pipeline for the continued use and operation of the Farmers Canal, upon and subject to
the terms and conditions hereinafter set forth;and
WHEREAS, the 40' Canal Easement will be vacated and released by FCC by
separate document in connection with and as a condition to the execution, delivery and
recordation of this Agreement;
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, MDG and FCC agree as follows:
1. The above recitals are incorporated herein and made a part hereof.
2. MDG does hereby grant to FCC a perpetual easement under and through that
portion of the MDG Property shown and more particularly described as "30' Ditch
Easement" on Exhibit A ("Easement Area"), for the Underground Pipeline for the
continued use and operation of the Farmers Canal ("Easement").
3. FCC's use of the Easement Area and the exercise of its rights hereunder shall
not unreasonably interfere with the business activities and operations of MDG, its
tenants or assigns on the MDG Property. The use of the MDG Property by MDG, its
tenants or assigns shall not unreasonably interfere with the FCC's use of the Easement
Area and the exercise of its rights hereunder.
4. The parties acknowledge and agree that the City has maintenance, repair and
other responsibilities and obligations regarding the Farmers Canal (including the
Underground Pipeline) as more particularly set forth in the City Agreement. FCC agrees
that it will promptly notify MDG in writing of any amendment or modification of the
City Agreement.
5. MDG reserves the right to improve the surface of the Easement Area with
parking lots, drive lanes, bridges, lighting facilities, landscaping and any other use
(except buildings) which will not defeat,damage or unreasonably interfere with the uses
and purposes of the Easement as described herein.
6. In the event legal proceedings are commenced to enforce any of the terms of
this Agreement, the prevailing party in such action shall have the right to recover
reasonable attorneys' fees and costs from the other party, to be fixed by the court in the
same action.
7. This Agreement and the Easement shall run with and be appurtenant to the
land and shall inure to the benefit of and be binding on MDG and FCC, and their
respective successors and assigns.
8. The Exhibits attached hereto are incorporated herein by reference.
IN WITNESS WHEREOF, this Agreement has been executed as of the date first
above written.
MITCHELL DEVELOPMENT GROUP,LLC, FARMERS CANAL COMPANY,
a Montana limited liability company a Montana corporation
B By -�
e J. Mitchell,Manager Its:
2
STATE OF MONTANA)
ss.
COUNTY OF )
On the day of 2005, before the undersigned, a Notary Public,
duly commissioned and sworn, personally appeared Theodore J. Mitchell, personally
known to me (or proved to me on the basis of satisfactory evidence) to be the person
who executed the within instrument as the Manager of MITCHELL DEVELOPMENT
GROUP, LLC, a Montana limited liability company, and acknowledged to me that such
company executed the within instrument pursuant to its articles of organization and
operating agreement.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
O�Ak��ro me�.�,sa
N TARY PUBLIC
Residing at:
My Commission Expires:
��;••NOTARIA4 ••;r�
OF
3
STATE OF MONTANA)
� ••ss.
COUNTY OF � � ���
On the day of 2005, before the undersigned, a Notary Public,
duly commissioned and sworn, p r on ally appeared 1);j�'t- ] -
personally known to me (or prov to me on the basis of satisfactory evidence) to be tge
person who executed the within instrument as of FARMERS
CANAL COMPANY, a Montana corporation, and acknowledged to me that such
corporation executed the within instrument pursuant to its by-laws or a resolution of its
board of directors.
IN WITNESS WHEREOF, I have hereunto 2TAR;YPUPBLIC
and affixed my official
seal the day and year in this certificate first above w
Y U1J
Residing at: r2PA 0.jd4?u
My Commission Expires: t�y
y
.t F !Aj 1
'iyUunun+'` t` ,
4
JUN 1 3 �QQ5
WARD, MILLER & GEYER
a Utah limittd liability company
nw town office East Side office
`341 South'Main 265 East 100 South
Suite 4o6 suite 250
Salt Lake City,Utah 84111 Salt Lake City,Utah 84111
Telephone: 801.533.0115 Telephone: 801.359.1984
Fax:801.533.0109 Fax: 801.359.1988
June?, 2005
FEDERAL EXPRESS
Mr. Cory D, Berkram,Vice President
SECURITY tITLE'COMPANY OF MONTANA
600 South 19*.Avenue
Bozeman, MT 59118
Re: Farmers Canal Company
Mitchell Development Group,LLC
Bozeman Gateway
Escrow Number 503.6
Dear Cory:
This law firm.represents Mitchell Development Group,LLC ("NAG")and these escrow
instruction("Escrow Instructions") are submitted on its behalf.
As you are aware, (i)MDG is the owner of that certain real property consisting of
approximately 72 acres located hear the intersection of College Avenue and Huffine Lane (U.S.
Hwy. 191), in Bozeman, Montana("MDG property"),and(ii)the MDG Property is affected by
a 40' Canal Easement("Existing.Easement") granted to the Farmers Canal Company("FCC").
FCC.has agreed to release the Existing Easement upon and subject to certain terms and
conditions.
In that regard, enclosed are the following documents ("Documents")to be held in escrow
by Security Title Company of Montana ("Escrow Holder") in accordance with these Escrow
Instructions,
l. Two (2)originals of the Release of the Existing Easement executed and
acknowledged by FCC ("Release");and
2, Two (2) fully executed and acknowledged originals of the Underground Irrigation
Ditch Easement and Agreement("New bitch Easement's by and between MDG
and FCC.
UU; 1 J: LUUJ UU. r_Hgt ri
Security Title Company of Montana
June 7,2005
Page 2
You are hereby instructed to hold the Documents in escrow until (i)you receive further
instructions from.FCC azld MDG, or(ii)until you are advised by MDG that the existing farmers
canal has been reconfigure and reroute through the MDG Property through an underground
pipeline constructed and installed within the easement area described in the New Ditch
Easement,at which time you are hereby instructed to (a)record one(1) original of each
Document in the Official Records of Gallatin County,Montana and deliver to FCC and MDG.a
copy of the recorded Documents, (b) deliver the remaining original of the Release to FCC and a
copy thereof to NIDG, and (c) deliver the remaining original of the New Ditch Easement to MDG
and a copy thereof to FCC.
Thank you for your help in this matter. Please acknowledge your acceptance to be bound
by these Escrow Instructions by signing in the space below and returning a copy of the fully
executed Escrow Instructions to me.
Ve truly o ,
Curtis R4ard
Agreed to and Accepted this day of June, 2005
SECURITY TITLE COMPANY OF MONTANA
Authorized Signatory
Enclosures
cc: Ted J. Mitchell
John Davison
Roxie Davis