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OF THE TOTAL 985 CONSERVATION EASEMENTS HELD BY MLR AT THE END OF 2023, THIRTEEN (13) EASEMENT DOCUMENTS WERE MODIFIED (1.3%). THE THIRTEEN (13) MODIFICATIONS CONSISTED OF NINE (9) "SAFE HARBOR" AMENDMENTS TO DEEDS OF CONSERVATION EASEMENT THAT ADDED THE IRS'S SAFE HARBOR PROVISIONS ISSUED BY NOTICE 2023-30 ON APRIL 24, 2023, AS DIRECTED BY THE UNITED STATES CONGRESS IN THE SECURE 2.0 ACT, SECTION 605(D)(1). THE REMAINING FOUR (4) MODIFICATIONS CONSIST OF TWO (2) RESTATEMENTS AND AMENDMENTS TO ENHANCE CONSERVATION BY CONSOLIDATING AND LIMITING DEVELOPMENT AND TO EXERCISE RESERVED RIGHTS; ONE (1) RESTATEMENT OF CONSERVATION EASEMENT TO INCLUDE ADDITIONAL ACREAGE TO THE ORIGINAL EASEMENT; AND ONE (1) CORRECTION TO DEED OF CONSERVATION EASEMENT FILED TO CORRECT A SCRIVENER'S ERROR. ALL 13 (13) OF THE EASEMENT MODIFICATIONS SECURED THE LANDOWNER'S RATIFICATION OF THE TERMS AND CONDITIONS OF THE CONSERVATION VALUES AND PURPOSES OF THE ORIGINAL EASEMENTS. AS AN ACCREDITED LAND TRUST, MLR FOLLOWS A RIGOROUS CONSERVATION EASEMENT AMENDMENT POLICY TO ENSURE PERPETUAL PROTECTION OF THE CONSERVATION VALUES AND AVOID CONFERRAL OF PRIVATE BENEFIT AND INUREMENT, ALL IN ACCORDANCE WITH NATIONAL STANDARDS AND PRACTICES AS RECOMMENDED BY THE LAND TRUST ALLIANCE. SMILING MOOSE RANCH I (JANURA) SAFE HARBOR AMENDMENT: THIS EASEMENT WAS ORIGINALLY RECORDED ON DECEMBER 29, 1994, AS DOCUMENT NO. 049532, RECORDS OF MADISON COUNTY, MONTANA. TO FURTHER CONSERVE AND PROTECT THE NATURAL HABITAT AND SCENIC AND OPEN SPACE VALUES OF THIS 1,105-ACRE PROPERTY, THE LANDOWNER AND THE GRANTEE AMENDED THE EASEMENT TO INCLUDE A SAFE HARBOR PROVISION ISSUED BY THE IRS IN NOTICE 23-30. UNTIL JULY 24, 2023, NOTICE 23-30 PERMITTED DONORS OF CONSERVATION EASEMENTS TO AMEND TO INCLUDE THIS SAFE HARBOR PROVISION. THE AMENDMENT OF DEED OF CONSERVATION EASEMENT WAS RECORDED ON JULY 13, 2023, AS DOCUMENT NO. 210422, RECORDS OF MADISON COUNTY, MONTANA. SMILING MOOSE RANCH II (JANURA) SAFE HARBOR AMENDMENT: THIS EASEMENT WAS ORIGINALLY RECORDED ON DECEMBER 26, 1996, AS DOCUMENT NO. 059587, RECORDS OF MADISON COUNTY, MONTANA. TO FURTHER CONSERVE AND PROTECT THE NATURAL HABITAT AND SCENIC AND OPEN SPACE VALUES OF THIS 113-ACRE PROPERTY, THE LANDOWNER AND THE GRANTEE AMENDED THE EASEMENT TO INCLUDE A SAFE HARBOR PROVISION ISSUED BY THE IRS IN NOTICE 23-30. UNTIL JULY 24, 2023, NOTICE 23-30 PERMITTED DONORS OF CONSERVATION EASEMENTS TO AMEND TO INCLUDE THIS SAFE HARBOR PROVISION. THE AMENDMENT OF DEED OF CONSERVATION EASEMENT WAS RECORDED ON JULY 13, 2023, AS DOCUMENT NO. 210423, RECORDS OF MADISON COUNTY, MONTANA. RIVER HOUSE (JANURA) SAFE HARBOR AMENDMENT: THIS EASEMENT WAS ORIGINALLY RECORDED ON DECEMBER 26, 2013, AS DOCUMENT NO. 154145, RECORDS OF MADISON COUNTY, MONTANA. TO FURTHER CONSERVE AND PROTECT THE NATURAL HABITAT AND SCENIC AND OPEN SPACE VALUES OF THIS 23-ACRE PROPERTY, THE LANDOWNER AND THE GRANTEE AMENDED THE EASEMENT TO INCLUDE A SAFE HARBOR PROVISION ISSUED BY THE IRS IN NOTICE 23-30. UNTIL JULY 24, 2023, NOTICE 23-30 PERMITTED DONORS OF CONSERVATION EASEMENTS TO AMEND TO INCLUDE THIS SAFE HARBOR PROVISION. THE AMENDMENT OF DEED OF CONSERVATION EASEMENT WAS RECORDED ON JULY 13, 2023, AS DOCUMENT NO. 210424, RECORDS OF MADISON COUNTY, MONTANA. RAINBOW LAKE LODGE (JANURA) SAFE HARBOR AMENDMENT (MADISON AND BEAVERHEAD COUNTIES): THIS EASEMENT WAS ORIGINALLY RECORDED ON DECEMBER 26, 2013, AS DOCUMENT NO. 154144, RECORDS OF MADISON COUNTY, MONTANA, AND ON DECEMBER 24, 2013, AS DOCUMENT NO. 280709, RECORDS OF BEAVERHEAD COUNTY, MONTANA. TO FURTHER CONSERVE AND PROTECT THE NATURAL HABITAT AND SCENIC AND OPEN SPACE VALUES OF THIS 636-ACRE PROPERTY, THE LANDOWNER AND THE GRANTEE AMENDED THE EASEMENT TO INCLUDE A SAFE HARBOR PROVISION ISSUED BY THE IRS IN NOTICE 23-30. UNTIL JULY 24, 2023, NOTICE 23-30 PERMITTED DONORS OF CONSERVATION EASEMENTS TO AMEND TO INCLUDE THIS SAFE HARBOR PROVISION. THE AMENDMENT OF DEED OF CONSERVATION EASEMENT WAS RECORDED ON JULY 13, 2023, AS DOCUMENT NO. 210425, RECORDS OF MADISON COUNTY, MONTANA, AND ON JULY 13, 2023, AS DOCUMENT NO. 306397, RECORDS OF BEAVERHEAD COUNTY, MONTANA. MYTTON SAFE HARBOR AMENDMENT: THIS EASEMENT WAS ORIGINALLY RECORDED ON DECEMBER 22, 2006, AS DOCUMENT NO. 329476, RECORDS OF STILLWATER COUNTY, MONTANA. TO FURTHER CONSERVE AND PROTECT THE NATURAL HABITAT AND SCENIC AND OPEN SPACE VALUES OF THIS 1,991-ACRE PROPERTY, THE LANDOWNER AND THE GRANTEE AMENDED THE EASEMENT TO INCLUDE A SAFE HARBOR PROVISION ISSUED BY THE IRS IN NOTICE 23-30. UNTIL JULY 24, 2023, NOTICE 23-30 PERMITTED DONORS OF CONSERVATION EASEMENTS TO AMEND TO INCLUDE THIS SAFE HARBOR PROVISION. THE AMENDMENT OF DEED OF CONSERVATION EASEMENT WAS RECORDED ON JULY 18, 2023, AS DOCUMENT NO. 390127, RECORDS OF STILLWATER COUNTY, MONTANA. HERMAN II SAFE HARBOR AMENDMENT (MADISON AND GALLATIN COUNTIES): THIS EASEMENT WAS ORIGINALLY RECORDED ON DECEMBER 12, 2022, AS DOCUMENT NO. 207721, RECORDS OF MADISON COUNTY, MONTANA, AND AS DOCUMENT NO. 2792430, RECORDS OF GALLATIN COUNTY. TO FURTHER CONSERVE AND PROTECT THE NATURAL HABITAT AND SCENIC AND OPEN SPACE VALUES OF THIS 4,951-ACRE PROPERTY, THE LANDOWNER AND THE GRANTEE AMENDED THE EASEMENT TO INCLUDE A SAFE HARBOR PROVISION ISSUED BY THE IRS IN NOTICE 23-30. UNTIL JULY 24, 2023, NOTICE 23-30 PERMITTED DONORS OF CONSERVATION EASEMENTS TO AMEND TO INCLUDE THIS SAFE HARBOR PROVISION. THE AMENDMENT OF DEED OF CONSERVATION EASEMENT WAS RECORDED ON JUNE 16, 2023, AS DOCUMENT NO. 210125, RECORDS OF MADISON COUNTY, MONTANA, AND AS DOCUMENT NO. 2803336, RECORDS OF GALLATIN COUNTY, MONTANA. HERMAN I SAFE HARBOR AMENDMENT: THIS EASEMENT WAS ORIGINALLY RECORDED ON DECEMBER 28, 2000, AS DOCUMENT NO. BOOK 77D, PAGE 890, RECORDS OF SWEET GRASS COUNTY, MONTANA. TO FURTHER CONSERVE AND PROTECT THE NATURAL HABITAT AND SCENIC AND OPEN SPACE VALUES OF THIS 855-ACRE PROPERTY, THE LANDOWNER AND THE GRANTEE AMENDED THE EASEMENT TO INCLUDE A SAFE HARBOR PROVISION ISSUED BY THE IRS IN NOTICE 23-30. UNTIL JULY 24, 2023, NOTICE 23-30 PERMITTED DONORS OF CONSERVATION EASEMENTS TO AMEND TO INCLUDE THIS SAFE HARBOR PROVISION. THE AMENDMENT OF DEED OF CONSERVATION EASEMENT WAS RECORDED ON JUNE 28, 2023, AS DOCUMENT NO. 164547, RECORDS OF SWEET GRASS COUNTY, MONTANA. COLLINS II SAFE HARBOR AMENDMENT: THIS EASEMENT WAS ORIGINALLY RECORDED ON DECEMBER 23, 2020, AS DOCUMENT NO. 202000043353, RECORDS OF FLATHEAD COUNTY, MONTANA. TO FURTHER CONSERVE AND PROTECT THE NATURAL HABITAT AND SCENIC AND OPEN SPACE VALUES OF THIS 672-ACRE PROPERTY, THE LANDOWNER AND THE GRANTEE AMENDED THE EASEMENT TO INCLUDE A SAFE HARBOR PROVISION ISSUED BY THE IRS IN NOTICE 23-30. UNTIL JULY 24, 2023, NOTICE 23-30 PERMITTED DONORS OF CONSERVATION EASEMENTS TO AMEND TO INCLUDE THIS SAFE HARBOR PROVISION. THE AMENDMENT OF DEED OF CONSERVATION EASEMENT WAS RECORDED ON JULY 18, 2023, AS DOCUMENT NO. 202300010808, RECORDS OF STILLWATER COUNTY, MONTANA. BERG (RICK) SAFE HARBOR AMENDMENT: THIS EASEMENT WAS ORIGINALLY RECORDED ON DECEMBER 22, 2006, AS DOCUMENT NO. 134416, RECORDS OF MEAGHER COUNTY, MONTANA. TO FURTHER CONSERVE AND PROTECT THE NATURAL HABITAT AND SCENIC AND OPEN SPACE VALUES OF THIS 6,912-ACRE PROPERTY, THE LANDOWNER AND THE GRANTEE AMENDED THE EASEMENT TO INCLUDE A SAFE HARBOR PROVISION ISSUED BY THE IRS IN NOTICE 23-30. UNTIL JULY 24, 2023, NOTICE 23-30 PERMITTED DONORS OF CONSERVATION EASEMENTS TO AMEND TO INCLUDE THIS SAFE HARBOR PROVISION. THE AMENDMENT OF DEED OF CONSERVATION EASEMENT WAS RECORDED ON JULY 14, 2023, AS DOCUMENT NO. 149785, RECORDS OF MEAGHER COUNTY, MONTANA. COBB-GEARY RESTATEMENT: THIS EASEMENT WAS ORIGINALLY RECORDED ON DECEMBER 20, 1994, AS DOCUMENT NO. 049383, RECORDS OF MADISON COUNTY, MONTANA. SINCE THAT TIME, THE LANDOWNER ACQUIRED ADJOINING PROPERTY THAT THEY REQUESTED BE INCORPORATED INTO THE EXISTING EASEMENT, FOR A TOTAL OF 187 ACRES. THE RESTATED CONSERVATION EASEMENT ALSO GENERALLY CLARIFIED THE EASEMENT LANGUAGE AND BROUGHT THE RESOURCE DOCUMENTATION UP TO MODERN STANDARDS. THE RESTATEMENT OF DEED OF CONSERVATION EASEMENT AND GRANT DEED OF CONSERVATION EASEMENT ON ADDITIONAL LANDS WAS RECORDED ON DECEMBER 15, 2023, AS DOCUMENT NO. 212895, RECORDS OF MADISON COUNTY, MONTANA. DRY COTTONWOOD CREEK RATIFICATION AND AMENDMENT: THIS EASEMENT WAS ORIGINALLY RECORDED ON DECEMBER 27, 2019, AS DOCUMENT NO. 206522, RECORDS OF ANACONDA-DEER LODGE COUNTY, MONTANA. TO FURTHER ENHANCE, PROTECT, AND PRESERVE THE NATURAL HABITAT AND SCENIC AND OPEN SPACE VALUES OF THIS 3,396-ACRE PROPERTY, THE LANDOWNER AND THE GRANTEE AMENDED THE EASEMENT TO CONSOLIDATE DEVELOPMENT OF THE PROPERTY, TO PERMANENTLY EXERCISE AND EXHAUST THE RESERVED RIGHT OF THE GRANTOR TO SITE THE LAST REMAINING ALLOWED BUILDING ENVELOPE, AND TO FURTHER LIMIT THE LOCATION AND BOUNDARIES OF THE ONE ALLOWED RESIDENCE. THIS AMENDMENT WILL REDUCE THE OVERALL RESIDENTIAL FOOTPRINT AND LIMIT FUTURE DEVELOPMENT ON THE PROPERTY, THEREBY FURTHER ENHANCING THE |
SCHEDULE D, PART II, LINE 3 - CONTINUED |
CONSERVATION VALUES PROTECTED BY THE EASEMENT. THE AMENDMENT WAS APPROVED BY ALL PARTIES TO THE ORIGINAL EASEMENT, INCLUDING THE STATE OF MONTANA, BY AND THROUGH THE NATURAL RESOURCE DAMAGE PROGRAM, AND THE MONTANA DEPARTMENT OF FISH, WILDLIFE, AND PARKS. THE RATIFICATION AND AMENDMENT OF DEED OF CONSERVATION EASEMENT WAS RECORDED ON AUGUST 29, 2023, AS DOCUMENT NO. 216465, RECORDS OF ANACONDA-DEER LODGE COUNTY, MONTANA. SCHWAB (SOUTH FORTH) AMENDMENT: THE ORIGINAL DEED OF CONSERVATION EASEMENT ON THIS APPROXIMATELY 1,581 ACRES PROPERTY WAS RECORDED ON DECEMBER 28, 2006, AS DOCUMENT NO. 2252316, RECORDS OF GALLATIN COUNTY, MONTANA. PURSUANT TO AN APPLICABLE PUD ORDER, THE EASEMENT ALLOWED FOR TEN "HOME SITES" TO BE LOCATED WITHIN THE EXTERIOR BOUNDARIES OF TRACTS INCLUDED IN THE EASEMENT PROPERTY, BUT EXCLUDED FROM THE PROPERTY, AND THEREFORE THE EASEMENT'S PURPOSE WAS TO PROTECT THE CONSERVATION VALUES ON THE PROPERTY SURROUNDING THOSE HOME SITES. GRANTOR RETAINED THE RIGHT TO RELOCATE EACH HOME SITE WITHIN A LIMITED, PREDEFINED AREA UNDER CERTAIN CONDITIONS. THESE CONDITIONS INCLUDED OBTAINING EXPRESS WRITTEN APPROVAL OF GALLATIN COUNTY PLANNING AUTHORITIES; ENSURING THE RELOCATED AREA DOES NOT EXCEED APPLICABLE ACREAGE LIMITATIONS; ENSURING THE AREAS NO LONGER WITHIN THE HOME SITE AFTER RELOCATION ARE ADDED TO THE LEGAL DESCRIPTION OF THE PROPERTY PROTECTED BY THE EASEMENT, SO THAT THERE IS NO NET LOSS IN ACREAGE; AND PROVIDING GRANTEE WITH COPIES OF A REVISED AND RECORDED CERTIFICATE OF SURVEY DESCRIBING THE RELOCATED HOME SITE AND THE NEW LEGAL DESCRIPTION OF THE PROPERTY. THE EASEMENT PROVIDED THAT GRANTOR AND GRANTEE SHALL AMEND EXHIBIT A TO REFLECT THE CHANGED LEGAL DESCRIPTION OF THE PROPERTY THAT IS SUBJECT TO THE EASEMENT AND AMEND EXHIBIT D TO REFLECT THE REVISED LOCATION OF THE PERMITTED HOME SITE, UPON SATISFACTION OF THE CONDITIONS ABOVE, WHICH WERE MET BY GRANTOR. ACCORDINGLY, THIS FIRST AMENDMENT OF DEED OF CONSERVATION EASEMENT REFLECTING THE CHANGED LEGAL DESCRIPTION AND EXHIBIT D WAS RECORDED IN THE PUBLIC RECORDS OF GALLATIN COUNTY, MONTANA, ON DECEMBER 11, 2023, AS DOCUMENT NO. 2816714. RANGE CORRECTION: THIS 159-ACRE PROPERTY WAS PROTECTED BY DEED OF CONSERVATION EASEMENT RECORDED ON DECEMBER 12, 1994, AS DOCUMENT NO. 527585, RECORDS OF LEWIS AND CLARK COUNTY, MONTANA. AFTER THE EASEMENT WAS GRANTED, THE PARTIES DISCOVERED AN INADVERTENT ERROR IN THE LEGAL DESCRIPTION, WHICH MISTAKENLY INCLUDED CERTAIN REAL PROPERTY LYING WEST OF INTERSTATE 15 NOT INTENDED TO BE MADE SUBJECT TO THE CONSERVATION EASEMENT. THE PARTIES MUTUALLY AGREED TO CORRECT THE ERROR TO CLARIFY THE LEGAL DESCRIPTION TO MATCH THE INTENTIONS AND EXPECTATIONS OF BOTH PARTIES AT THE TIME THAT THE EASEMENT WAS ORIGINALLY RECORDED. THIS CORRECTION OF DEED OF CONSERVATION EASEMENT WAS RECORDED ON APRIL 20, 2023, AS DOCUMENT NO. 3410345, RECORDS OF LEWIS AND CLARK COUNTY, MONTANA. |