Loading...
HomeMy WebLinkAboutAppendix V.4 - BRB Comment and Mot to WD InterestClaimant Buffalo Run Bozeman LLC’s Comment & Withdrawal of Its Interest in 41H 103732-00, 41H 103733-00 and 41H 30151619 – (Case 41H-6002-A-2022) Page 1 Abigail R. Brown ARB Law Group PO Box 1182 Helena, MT 59624 (406) 457-5494 office@mtwaterlaw.com abby@mtwaterlaw.com Attorney for Buffalo Run Bozeman LLC IN THE WATER COURT OF THE STATE OF MONTANA UPPER MISSOURI DIVISION GALLATIN RIVER BASIN (41H) PRELIMINARY DECREE CLAIMANTS: Bozeman Haus Two LLC; Buffalo Run Bozeman LLC; Elizabeth R. Christensen; Jon C. Christensen; KDG Holdings LLC; Schaff Family Trust DTD 5/3/01; Delores J. Van Zyl CASE 41H-6002-A-2022 41H 103732-00 41H 103733-00 41H 30151619 CLAIMANT BUFFALO RUN BOZEMAN LLC’S COMMENT AND WITHDRAWAL OF ITS INTEREST IN 41H 103732-00, 41H 103733-00 and 41H 30151619 COMES NOW, Claimant Buffalo Run Bozeman LLC (“BRB”) by and through its undersigned counsel of record and files the following comments in accordance with the Court’s Notice of Motion and Filing Deadline for Comments filed on May 25, 2022. BRB further moves the Court to terminate BRB’s interest in the above-captioned water right claims, removing BRB as co-owner and its property in the N2SWSW of Section 23 T2S R5E from the Place of Use on these water rights. An executed Withdrawal of Interest, proposed abstracts for the above-captioned claims reflecting only BRB’s requested relief, and a copy of BRB’s chain of deeds evidencing title of BRB’s property and water rights are attached hereto as Exhibit A. Claimant Buffalo Run Bozeman LLC’s Comment & Withdrawal of Its Interest in 41H 103732-00, 41H 103733-00 and 41H 30151619 – (Case 41H-6002-A-2022) Page 2 As reflected on the attached deeds, Schaff Family Trust DTD 5/3/01 is BRB’s predecessor-in-interest. As no water rights were reserved in the conveyance from Schaff to Yellowstone Investment Group to BRB, Schaff may be removed from these water rights as well. BRB has no comment or objection to Bozeman Haus Two LLC’s request to withdraw Bozeman Haus’s interest in the above-captioned claims. RESPECTFULLY SUBMITTED this 24th day of June, 2022. ARB Law Group By: /s/ Abigail R. Brown Abigail R. Brown Buffalo Run Bozeman LLC CERTIFICATE OF SERVICE I hereby certify that on June 24, 2022, a true and correct copy of the foregoing document was served upon the following parties in the manner set forth below: Dana E. Pepper River and Range Law, PLLC PO Box 477 Bozeman, MT 59771 (406) 599-7424 ☐U.S. First-Class Mail, Postage Prepaid ☒Email: office@riverandrangelaw.com; dana@riverandrangelaw.com ☐Hand Delivery ☐Other: Susan B. Swimley Attorney and Counselor at Law 1807 W Dickerson Unit B Bozeman, MT 59715 ☒U.S. First-Class Mail, Postage Prepaid ☐Email: ☐Hand Delivery ☐Other: Bozeman Haus Two LLC 15267 SE Rivershore Dr Vancouver, WA 98683-5371 ☒U.S. First-Class Mail, Postage Prepaid ☐Email: ☐Hand Delivery ☐Other: Claimant Buffalo Run Bozeman LLC’s Comment & Withdrawal of Its Interest in 41H 103732-00, 41H 103733-00 and 41H 30151619 – (Case 41H-6002-A-2022) Page 3 Elizabeth R. Christensen Jon C. Christensen 685 Vandyke Rd Bozeman, MT 59718-7829 ☒ U.S. First-Class Mail, Postage Prepaid ☐ Email: ☐ Hand Delivery ☐ Other: KDG Holdings LLC 900 N Whittier Dr Beverly Hills, CA 90210-3014 ☒ U.S. First-Class Mail, Postage Prepaid ☐ Email: ☐ Hand Delivery ☐ Other: Schaff Family Trust DTD 5/3/01 %Schaff, Allen & Diane Trustees 164 Terrance Loop Bozeman, MT 59718-8916 ☒ U.S. First-Class Mail, Postage Prepaid ☐ Email: ☐ Hand Delivery ☐ Other: Delores J. Van Zyl 5532 Fowler Ln Bozeman, Mt 59718-7853 ☒ U.S. First-Class Mail, Postage Prepaid ☐ Email: ☐ Hand Delivery ☐ Other: /s/ Ann M. Olson ARB Law Group 2663927 Page 1 of2 11/07/201902:22:10PM Fee:$14.00 RETURNDOCUMENTTO:EricSemerad -GallatinCounty,MT DEEDAmericanLandTdeCompanyW59715 -ty aded WARP.ANTYDEED For Value Received,Allen K.Schaff and .Diane C.Schaff,Trustees of THE SCHAFF EAMILY TRUST,dated Nay 3,2001,with address of 5814 East Lewis Avenue,Scottsdale,Arizona 85257,the Gractor,does hereby grant,hargain,sell,convey and confirm unto YELLOWSTONEINVESTMENTGROUP,PROFESSIONAL LLC,a Montana limited liability company,with address of 7686 Oasis Drive,Castle Rock,Colorado 80108,the Grantee,the following described premises in Gallatin County,Montana,to-wit: NHSWNSWN of Section 23,Township 2 South,Range 5 East,P.N.M.,Gallatin County,Montana.Deed Reference:Film 146,Page 3339,records of Gallatin County,Montana. SUBJECT TO easements,conditions,restrictions and rights-of-way shown or indicated in the public records or plats filedandrecordedintheofficeoftheCountyClerkandRecorderofGallatinCounty,Montana,-or which may be ascertained from a visual inspection of the land,including ditch and utility easements. Subject to prior mineral,oil and gas,and patent rights andreservationsandexceptions,if any;subject to taxes and other governmental charges.and assessments accxuing or imposed after .thedatehereof;Subject to building and use restrictions and zoningordinances,if any. TOGETHER WITH all tenements,hereditaments and apportenancesthereto,and all reservations and remainders,and all rents,issuesandprofitsthereof,and all right,title and interest of the Grantortherein. TO HAVE AND TO HOLD the said premises,with its appurtenancesuntothesaid-Grantee,his heirs and assigns forever,and the saidGrantordoesherebycovenanttoandwiththesaidGranteethatGrantoristheownerinfeesimpleofsaidpremises;that it is free fromallencumbrancesandthatGrantorwillwarrantanddefendthesame.from all lawful claims whatsoever. 2663927 Page 2 of 2 11/07/2019 02:22:10 PM DATED this day of r,2019. THE SCHAFF FAMILY TRUST, dated Ma 3 By:7 Allen K.Schaff,rustee By: Diane C.Schaff,Trushe STATE OF ) County of ss, On this day of ,2019,before me,a Notary PublicinandforsaidState,personally appeared Allen X.Schaff and DianeC.Schaff,Trustees of THE SCHAFF FAMILY TRTIST,dated May 3,2001,known to me to be the persons whose names are subscribed to the withininstrumentandacknowledgedtomethattheyexecutedthesameonbehalfoftheTrust. NotaryPublic MaricopaCounty,Arizona N'otary P.ic for the state of Z9VlAMyCommissionExpiresPrintedName:.(..VI?\/10 0 February19,2021 assiding in 5((#tSd a \Ps Pr 7 My commission expires:1-IT 7.011 2