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HomeMy WebLinkAboutFarmersCanalEasement-Recorded_01-02-2007 Accomodation Recor"g Only Security Title Company P.O. Box 6550 71 r l�eQco ding'lequesed B 6 and When Recorded Return to: t,� FAR .5 G kk_CpVkPA,A/ f I ( I III I l (i 0 '7 IIIIII IIIII IIIII Illllll�����III lllllif III IIIII IIII IIII Pass: 1 of 6 2252577q IJ O b (S Charlotte Mills-Gallatin Co MTMISC 62.00 sTc- Go6a32� UNDERGROUND IRRIGATION DITCH EASEMENT AND AGREEMENT THIS UNDERGROUND IRRIGATION DITCH EASEMENT AND AGREEMENT ("Agreement")is made and entered into as of the Z K day of ,2005,by and between MITCHELL DEVELOPMENT GROUP, LLC, a Mon limited liability company ("MDG"), and 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 "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 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: cc I ko 1. The above recitals are incorporated herein and made a part hereof. L0 a 2. MDG does hereby grant to FCC a perpetual easement under and through that (V m a portion of the MDG Property shown and more particularly described as "30' Ditch tV a© Easement" on Exhibit A ("Easement Area"), for the Underground Pipeline for the C e 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. �� ro •+ 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. ro r U 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 writterL MITCBELL DEVELOPMENT GROUP,LLC, FARMERS CANAL COMPANY, a Montana fi 'ted liability company a Montana corporation B By <J e 5. Mitchell,Manager Its: u��G» u » 2 STATE OF MONTANA) N°a m N SS. COUNTY OF TETo N) : N �v as On the dA day of f(?4� 2005, before the undersigned, a Notary Public, a 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 N who executed the within instrument as the Manager of MITCHELL DEVELOPMENT E 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. r m NOTARY PUBLIC Residing at: My 11 Commission Expires: w. NOTAR/A4 SEAL 3 � to T STATE OF MONTANA) fq :ss. a Lf COUNTY OF ..N a On the I - - day of 2005, before the undersigned, a Notary Public, . duly commissioned and sworn, p ton appeared ch to personally known to me (or prov to me on the basis of satisfactory evidence) to be e 1 U person who executed the within instrument as -D;r ec6 b r s of FARMERS E CANAL COMPANY, a Montana corporation, and acknowledged to me that such ocorporation executed the within instrument pursuant to its by-laws or a resolution of its .� board of directors. C IN WITNESS WHEREOF, I have hereunto set my and and affixed my official seal the day and year in this certificate first above written�46 . TARY PUBLIC r Residing at: My Commission Expires: ' i ,' •`� + `•r,'Ill' .. Y r 4 (IIIIU 111II(IIII IIIIIII IIII III 1111111111 Hill 11111111 2252577q QMarldtt� Miila-Gallatin Co MIMISC 62.00 m Y!;61 'ON -Gns &ONIn Q in YI-0 JJVYL — o 3NIl .112f3dOMd � r ,69'9£6 3„Z£,U.00S -IJ i 30) yf is .mac►, —n 9EA05 1 F z ^a :r r � A Q' OD N r• ' a ffi d co _ �6 i N.� 'n ! 1 (•;I o 0 vi �F71 Up t-: wy o :.� re) =W f .� .� co gI Cc) Wi Q 1 1 F N 04Y H a I'' ti a o 1 6 � ° ° •� � f ao,dooz° F-+ � �a � J� ��'� I tw g� `" • gam s. w w � f;{• � c y o 0 3 0,o�o s W O Vim• c ��►� ° C7 00 C p�� U � T a7 p�p `o v In gr 0i� ��. 3 0 d,°Tyaow�bIn ago.. na �o onF`o `a N •} M1r} `o . 114 Go M i � ' 3t'!!'�! s W 0 .5 o N N 5 • ,£L'809 M„4Z,S 1.QON z a . f*el 'ON 'S'0"� <ra o m e t`-ii o Q Q W 9 13Y2I1 EXHIBIT B L� Legal Description of MDG Property: N °© The following described real property situated in Gallatin County, Montana: D N ..N Nm© N a© Tract 2A, of the Amended Plat of West College Minor Subdivision#195A, being situated a in the NW 1/4 of Section 14, and the NEI/4 of Section 15,Township 2 South,Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana. IL. E O U C U' � I L V Exhibit B-Page I