Loading...
HomeMy WebLinkAboutWarranty Deed 94- Williams, Donald & Violet Deed .' . -" . , t . ~ W4Il . . ' - ~ . , FilM 182 PACE 194 WARRANTY DEED For Value Received, DONALD E. WILLIAMS and VIOLET V. WILLIAMS, Trustees of the Donald E. Williams and Violet V. Williams Revocable Trust dated December 14, 1994, and ELIZABETH E. WILLIAMS the L Grantors, do hereby grant, bargain, sell, convey and confirm and 5 transfer unto THE CITY OF BOZEMAN, whose mailing address is P.O. Box 640, Bozeman, Montana 59715, the Grantee, the following described premises, in Gallatin County, Montana: PARCEL I: Lots I, 2, 3, 4, 5 and 7 feet off of the North side of Lot 6, Block "0" of Black's Addition to Bozeman, together with a strip of land beginning at the Northeast corner of Lot I, Block "0" of Black's Addition to Bozeman; thence North 6 feet, more or less, to a point I' South of the sidewalk l1- on the South side of East Olive Street; thence West parallel with and l' South of the sidewalk, 150 feet, more ~ or less, to the extended East line of the alley in Block "D" ; thence South 6 feet, more or less, to the Northwest corner of Lot 1; thence East along the North line of Lot ~ I, a distance of 150 feet, more or less, to the place of beginning, such tract being shown on the plat of Black's l Addition as a portion of Olive Street, all in Block "D" of - Black's Addition to the City of Bozeman, Montana, ~ according to the official plat thereof on file and of record in the office of the Clerk and Recorder of Gallatin County, Montana. '.(.Deed re f . ) recorded in Film 68, Page 211. <t PARCEL II: Lots 13, 14, and 15, Block "0" of Black's Addition to the Ci ty of Bozeman, Montana, according to the official plat thereof on file and of record in the office of the Clerk and Recorder of Gallatin County, Montana. TO HAVE AND TO HOLD the described premises, with its appurtenances unto the Grantee, and the Grantors do hereby covenant to and with the Grantee that they are the owner of the premises in fee simple; that the premises are free from all encumbrances except zoning ordinances, building and u~e restrictions, reservations in federal patents and previous conveyances, beneficial easements apparent or of record, covenants of record, terms and conditions of subdivision plat approval, and the lien of the taxes for 1998 and subsequent years; that this conveyance is subject to those covenants contained in Section 3D-II-lID, MCA, and that they will warrant and I -, i. __.... .; " r J .' -.. . .. ." ,. ,.. FILM 182 P^CE 195 defend the same from all lawful claims whatsoever. J.5 Dated this ___ day of February, 1998. C"'\ i,17,~.-, ,h- ~~j ,~?,,--, ~ (if),-L~'C:{ ~,~7d~l,,&~-", Z!17-<i_J:erlL, <: ~:lt_/.t:_(:l.<P":'--, ~~~/~~ _' - DONALD E. WILLIAMS, Trustee ELIZABETH E. WILLIAMS, by ~~ Donald E. Williams, attorney in/fact ~,~/yL ~C). (.,)-"cI~c~_' VIOLET V. WILLIAMS, Trustee STATE OF CALIFORNIA ) County of \lY\.p~V~~ ( ; ss. This instrument was acknowledged befor ~5' , 1998, by DONALD E. WILLIAMS and ET V. WIL .... - '-'----1 -', @ OfFICI^L SfAL r ,~...' ANGELICA BANAGA ~ .... ". COMM. /I 1056102 = . . . ~ ! . NOlaryPublic-Callfornla 6 Il.Ct!;r th~Sj:ate of ll.fornl.a ;;J;4 IMPERIAL COUNTY - '~ L .. L ", My Commil5lon Expire. J t - ,'" .A , Call. f ornl. a .. _ JU~: ~': .' ~99. . . ion exp ires r .2/, /4;1 STATE OF CALIFORNIA ) County of I ~V"; 14\ ; ss . This instrument was acknowledged befor _me on February c1J5 , 1998, by DONALD E. WILLIAMS, attorney if fact for ELIZABETH E. WILLIAMS. -~~ ~~ - ~~.. r@'OfFIClALSfAL 1 . ,.". , ANGELICA BANAGA S . COMM. II 1056102 e; . ~ ~ . NOlary Public-California 6 rn l. a ;;J;4 IMPERiAl COUNTY _ l '-, My Commission Expires J JUNE 21,1999 ~ ~ -~,..... ~ ~ P""'""OI ~ ~ ~ -~ 3601H4 State of Mont., County of Gallatfn. ss Filed tor record FEBRUARY 27 at 3: 1.1 P fl" and r8lorded in Book 182 of DEEDS ~ ~ y cv an.. Remlll'.., ~ >>; ;tj /T Rt: American Land Title ~~ Fee~ $lL.UO .-.- ~-....._".. --'~.-..~ . ,_... __ 'd_______.. "_"__.,_,,, .. TRANSMITTAL LETTER , t AMERICAN LAND TITLE COMPANY WESTBROOK CENTER 1800 WEST KOCH P.O. BOX 396 PHONE (406) 587-5563 BOZEMAN. MONTANA 59715 Date: 5" - ,q , 9r: Order No. 1-56702 THE CITY OF BOZEMAN P.O. BOX 640 BOZEMAN. MT 59715 In connection with your real estate transaction recently handled by us, we are pleased to enclose the items shown below. A special file has been set-up on your property and hence, we are in a position to render you excellent service in future transactions. While the issuance of any future policies will depend on a current examination of title at the time, in the event you desire to sell or mortgage your property, please contact us promptly and we will expeditiously process your order. If your purchase involves a vacant lot. upon which you intend to construct a house for resale. you qualify for a builder's discount when you sell the home. We appreciate having had this opportunity to serve you; and we shall be pleased to assist you in any matters involving this or any other properties you own. Your needs and the protection of your property rights are our first consideration, In connection with the above transaction, we enclose: (XXXX) Policy of Title Insurance (XXXX) Deed ( ) ( ) Sincerely yours, AMERICAN LAND TITLE COMPANY ~{tfld~ (~ GLM/56700 n__ . I'; . .!'!!1.. :":1 ;;";;.: ,.~' I:,: - "~.,- AMERICAN LAND TITLE ASSOCIATION OWNER' 51 POLICY (10-17-92) 27 3391 106 o 1 741 ,.- CHICAGO TITLE INSURANCE COMPANY ~, ," SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE -;11 CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any dcfcct in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. -iijj In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. CHICAGO TITLE INSURANCE COMPANY Issued by: By: AMERICAN LAND ~~///~~ TITLE COMPANY iI', P. O. Box 396 Bozeman, Montana 59715 By: -~. ~!~ I ". ". .;z;:i" .1'1. \!. .~ .l~;' .'!f. 1!lj" '..:l ;!i.~ f ALTA Owner', Policy (10-17.92) Upon the exercise by the Company of either of the options provided for in (b) When liability and the extent of loss or damage has been definitely fixed paragraphs (b)(i) or (i1), the Company's obligations to the insured under this in accordance with these Conditions and Stipulations, the loss or damage policy for the claimed loss or damage, other than the payments required to be shall be payable within 30 days thereafter. made, shall terminate, including any liability or obligation to defend, prose. cute or continue any litigation. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE (a) The Company's Right of Subrogation. This policy is a contract of indemnity against actual monetary loss or dam. Whenever the Company shall have settled and paid a claim under this age sustained or incurred by the insured claimant who has suffered loss or policy, all right of subrogation shall vest in the Company unaffected by any act damage by reason of matters insured against by this policy and only to the of the insured claimant. extent herein described, The Company shall be subrogated to and be entitled to all rights and (a) The liability of the Company under this policy shall not exceed the least remedies which the insured claimant would have had against any person or of: property in respect to the claim had this policy not been issued. If requested by (i) the Amount of Insurance stated in Schedule A; or, the Company, the insured claimant shall transfer to the Company all rights (ii) the difference between the value of the insured estate or interest as and remedies against any person or property necessary in order to perfect insured and the value of the insured estate or interest subject to the defect, this right of subrogation. The insured claimant shall permit the Company to lien or encumbrance insured against by this policy. sue, compromise or settle in the name of the insured claimant and to use the (b) In the event the Amount of Insurance stated in Schedule A at the Date of name of the insured claimant in any transaction or litigation involving these Policy is less than 80 percent of the value of the insured estate or interest or rights or remedies, the full consideration paid for the land, whichever is less, or if subsequent to If a payment on account of a claim does not fully cover the loss of the the Date of Policy an improvement is erected on the land which increases the insured claimant, the Company shall be subrogated to these rights and reme- value of the insured estate or interest by at least 20 percent over the Amount of dies in the proportion which the Company's payment bears to the whole Insurance stated in Schedule A, then this Policy is subject to the following: amount of the loss, (i) where no subsequent improvement has been made, as to any partial If loss should result from any act of the insured claimant, as stated above, loss, the Company shall only pay the loss pro rata in the proportion that the that act shall not void this policy, but the Company, in that event, shall be amount of insurance at Date of Policy bears to the total value of the insured required to pay only that part of any losses insured against by this policy which estate or interest at Date of Policy; or shall exceed the amount, if any, lost to the Company by reason of the impair- (ii) where a subsequent improvement has been made, as to any partial ment by the insured claimant of the Company's right of subrogation, loss, the Company shall only pay the loss pro rata in the proportion that 120 (b) The Company's Rights Against Non-insured Obligors. percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for The Company's right of subrogation against non.insured obligors shall the improvement. exist and shall include, without limitation, the rights of the insured to indem- The provisions of this paragraph shall not apply to costs, attorneys' fees nities, guaranties, other policies of insurance or bonds, notwithstanding any and expenses for which the Company is liable under this policy, and shall only terms or conditions contained in those instruments which provide for subroga. apply to that portion of any loss which exceeds, in the aggregate, 10 percent of tion rights by reason of this policy. the Amount of Insurance stated in Schedule A. 14. ARBITRATION (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. Unless prohibited by applicable law, either the Company or the insured may 8. APPORTIONMENT demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not If the land described in Schedule A consists of two or more parcels which limited to, any controversy or claim between the Company and the insured are not used as a single site, and a loss is established affecting one or more of arising out of or relating to this policy, any service of the Company in connec. the parcels but not all, the loss shall be computed and settled on a pro rata tion with its issuance or the breach of a policy proviSion or other obligation. All basis as if the amount of insurance under this policy was divided pro rata as to arbitrable matters when the Amount of Insurance is $1,000,000 or less shall the value on Date of Policy of each separate parcel to the whole, exclusive of be arbitrated at the option of either the Company or the insured. All arbitrable any improvements made subsequent to Date of Policy, unless a liability or matters when the Amount of Insurance is in excess of $1,000,000 shall be value has otherwise been agreed upon as to each parcel by the Company and arbitrated only when agreed to by both the Company and the insured. Arbitra- the insured at the time of the issuance of this policy and shown by an express tion pursuant to this policy and under the Rules in effect on the date the statement or by an endorsement attached to this policy, demand for arbitration is made or, at the option of the insured, the Rules in 9. LIMITATION OF LIABILITY effect at Date of Policy shall be binding upon the parties, The award may (a) If the Company establishes the title, or removes the alleged defect, lien include attorneys' fees only if the laws of the state in which the land is located or encumbrance, or cures the lack of a right of access to or from the land, or permit a court to award attorneys' fees to a prevailing party. Judgment upon cures the claim of unmarketability of title, all as insured, in a reasonably the award rendered by the Arbitrator(s) may be entered in any court having diligent manner by any method, including litigation and the completion of any jurisdiction thereof. appeals therefrom, it shall have fully performed its obligations with respect to The law of the situs of the land shall apply to an arbitration under the Title that matter and shall not be liable for any loss or damage caused thereby, Insurance Arbitration Rules. (b) In the event of any litigation, including litigation by the Company or with A copy of the Rules may be obtained from the Company upon request. the Company's consant, the Company shall have no liability for loss or dam- age unlilthere has been a final determination by a court of competent jurisdic- 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT tion, and disposition of all appeals therefrom, adverse to the title as insured, (a) This policy together with all endorsements, if any, attached hereto by the (c) The Company shall not be liable for lOSS or damage to any insured for Company is the entire policy and contract between the insured and the Com- liability voluntarily assumed by the insured in settling any claim or suit without pany. In interpreting any provision of this policy, this policy shall be construed the prior written consent of the Company. as a whole. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF (b) Any claim of loss or damage, whether or not based on negligence, and LIABILITY which arises out of the status of the title to the estate or interest covered All payments under this policy, except payments made for costs, attorneys' hereby or by any action asserting such claim, shall be restricted to this policy. fees and expenses, shall reduce the amount of the insurance pro tanto, (c) No amendment of or endorsement to this policy can be made except by 11. LIABILITY NONCUMULATIVE a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or It is expressly understood that the amount of insurance under this policy authorized signatory of the Company, shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the 16. SEVERABILITY insured has agreed, assumed, or taken subject, or which is hereafter ex" In the event any provision of the policy is held invalid or unenforceable ecuted by an insured and which is a charge or lien on the estate or interest under applicable law, the policy shall be deemed not to include that provision described or referred to in Schedule A, and the amount so paid shall be and all other provisions shall remain in full force and effect. deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS 17. NOTICES, WHERE SENT (a) No payment shall be made without producing this policy for endorse- All notices required to be given the Company and any statement in writing ment of the payment unless the policy has been lost or destroyed, in which required to be furnished the Company shall include the number of this policy case proof of loss or destruction shall be furnished to the satisfaction of the and shall be addressed to the Company at the issuing office or to: Company. Chicago Title Insurance Company Claims Department 171 North Clark Street. .. Reorder Form No:8256 (Flev,"O-17-92) ~ Chicago, Illinois 6060;.3294 v . ~ --- -- - i OWNERS SCHEDULE A Office File Number Policy Number Date of Policy Amount of In.urance Premium February 27, 1998 1-56702 27-3391-106-01741 at 3:11 P,M, $940,000.00 $2,303.00 1. Name of Insured: THE CITY OF BOZEMAN 2. The estate or interest in the land which is covered by this policy is: fee simple 3. Title to the estate or interest in the land is vested in: The City of Bozeman 4. The land referred to in this policy is described as follows: PARCEL I: Lots 1, 2, 3, 4, 5 and 7 feet off of the North side of Lot 6, Block "0" Black's Addition to Bozeman, together with a strip of land beginning at the Northeast corner of Lot 1, Block " 0" of Black's Addition to Bozeman; thence North 6 feet, more or less, to a point l' South of the sidewalk on the South side of East Olive Street; thence West parallel with and l' South of said sidewalk 150 feet, more or less, to the extended East line of the alley in said Block "0"; thence South 6 feet, more or less, to the Northwest corner of said Lot 1; thence East along the North line of said Lot 1, a distance of 150 feet, more or less, to the place of beginning, said tract being shown on the plat of Black's Addition as a portion of Olive Street, all in Block "on of Black's Addition to the City of Bozeman, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. PARCEL II: Lots 13, 14 and 15, Block "0" of Black's Addition to the City of Bozeman, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. SCHEDULE A ALTA Owner's Policy (10.17-92)