HomeMy WebLinkAbout17- Warranty Deed - The Trust for Public Land - 600 Bridger Drive, Former Boys and Girls Club, New Story Mill Community Center Return To:
Security Title Company
P.O. Box 6550
Bozeman, MT 59771-6550
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City Clerk
The City of Bozeman
121 North Rouse
Bozeman, MT 59715 2599992
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WARRANTY DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby
acknowledged, the undersigned, The Trust for Public Land, a California nonprofit public
benefit corporation, with an address of 1007 East Main Street Suite 300, Bozeman, MT
59715 ("Grantor"), does hereby grant, bargain, sell, convey and confirm unto The City of
Bozeman, a Montana municipal corporation ("Grantee"),land to its successors and
assigns forever, all of Grantor's right, title, and interest in the following described real
property situated in Gallatin County, Montana, tp-wit:
*PO Box 1230 Bozeman, MT 59771 -/--
Tract 1B, of Certificate of Survey No. 2207B, a tract of land being Tract 1A and
Tract 2A of Certificate of Survey No. 2207A, located in the SETA of Section 31,
Township 1 South, Range 6 East, and the NEIA of Section 6, Township 2 South,
Range 6 East, P.M.M., Gallatin County, Montana, according to the official
survey thereof on file and of record in the office of the County Clerk and
Recorder, Gallatin County, Montana.
SUBJECT TO: all reservation, exceptions and restrictions in patents from the
United States or the State of Montana, existing easements, encroachments and rights of
way of record and those which would be disclosed by an examination of the property,
real property taxes and assessments for subsequent years, all building, zoning and land
use restrictions, sanitary and environmental restrictions, and those special exceptions
numbers 1-7 and 12-36 as shown on Schedule B to Security Title Company Schedule B-
Section 2 attached hereto as Exhibit A and hereby incorporated by this reference.
TO HAVE AND TO HOLD unto the Grantee and to its successors and assigns
forever,together with all tenements, hereditaments and appurtenances unto Grantee and
its assigns forever. Grantor does hereby covenant to and with Grantee that it is the owner
in fee simple of the above-described real property, that Grantee shall enjoy the same
without any lawful disturbance, that the same is free from all encumbrances except as
provided for above, that Grantor and all persons acquiring any interest in such real
Warranty Deed - 1
property through or from Grantor will, on demand, execute and deliver to Grantee, at the
expense of Grantee, any further assurance of the same that may be reasonably required,
and the Grantor will warrant to Grantee title to the above-described real property against
every person lawfully claiming the same.
IN WITNESS WHEREOF, the Grantor has executed this instrument this 27th day
of November, 2017.
THE TRUST FOR PUBLIC LAND
B ram.
Y
Thomas E. Tyner
Division Legal Director
STATE OF WASHINGTON )
COUNTY OF KING )
This instrument was acknowledged before me on this 27th day of November, 2017
by Thomas E. Tyner, Division Legal Director for The Trust for Public Land.
toA.' Notary Name: Daniel K. Wilson
Notary Public for the State of Washington
_ Residing at Seattle, Washington
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ACCEPTED: will 0F1Wp,5`�`\ .�'`
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THE CITY OF BOZEMAN
By:
Title:
Warranty Deed- 2
EXHIBIT Commitment No: G171628
'Page No. 3
SCHEDULE B— Section 2
Exceptions
The policy or policies to be issued will contain exceptions to the following unless the same are
disposed of to the satisfaction of the Company.
1. Taxes or assessments which are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the public records.
2. Any facts, rights,interests,or claims which are not shown by the public records but which
could be ascertained by an inspection of said land or by making inquiry of person in
possession thereof.
3. Easements,claims of easement or encumbrances which are not shown by the public records.
4. Any encroachment,encumbrance,violation,variation,or adverse circumstance affecting
the title including discrepancies,conflicts in boundary lines,shortage in area,or any other
facts that would be disclosed by an accurate and complete land survey of the land,and that
are not shown in the public records.
5. (a)Unpatented mining claims; (b) reservations or exceptions in patents or in Acts
authorizing the issuance thereof, (c)water rights,claims or title to water whether or not the
matters excepted under(a), (b),or(c) are shown by the public records.
6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,
imposed by law and not shown by the public records.
7. Any right,title or interest in any minerals,mineral rights or related matters including but
not limited to metals,stone,oil,gas,coal, and other hydrocarbons, sand, gravel or other
common variety materials,whether or not shown by the public record.
8. General and special taxes and assessments for the year 2017; first installment shows payable in
the amount of$10,293.49; second installment shows payable in the amount of$10,286.87. Parcel
No. RGH5985.
9. Special Assessments levied by the City of Bozeman for Arterial&Collector. The first
installment for the year 2017/2018 shows payable in the amount of$1,015.76. Second
installment shows payable in the amount of$1,015.76.
10. Special Assessments levied by the City of Bozeman for Street Maintenance. The first installment
for the year 2017/2018 shows payable in the amount of$2,910.99. Second installment shows
payable in the amount of$2,910.99.
11. Special Assessments levied by the City of Bozeman for Tree Maintenance. The first installment
for the year 2017/2018 shows payable in the amount of$378.00. Second installment shows
payable in the amount of$378.00.
12. County road rights-of-way not recorded and indexed as a conveyance in the office of the Clerk
and Recorder pursuant to Title 70,Chapter 21,M.C.A.,including,but not limited to East Griffin
Drive.
13. Any loss occasioned by or through the processes of avulsion,alluvion,relicion,dereliction or
erosion by virtue of any possible riparian rights or the rights of riparian rights or the rights of
riparian owners.
14. The policy to be issued hereunder does not insure title to land comprising the shores or bottoms
of navigable waters or to the artificial accretions or fill.
NOTE: The plat of said land disclosed that the East Gallatin River flows over, along and across
the subject real property.
15. Any right of the Public in and to easements of access and recreation which exist or are claimed to
exist over,along and across that portion of the subject real property included within the bed and
banks of the East Gallatin River,and any portage rights associated therewith.
16. All right,title and interest of the State of Montana,if any,in and to the lands comprising the
shores and bottoms of navigable rivers.
17. All matters,covenants,conditions,restrictions,easements and any rights,interests or claims
which may exist by reason thereof,disclosed by the recorded survey of Certificate of Survey No.
110,records of Gallatin County,Montana,but deleting any covenant,condition or restriction
indicating a preference,limitation or discrimination based on race, color,religion,sex,handicap,
familial status,or national origin to the extent such covenants,conditions or restrictions violate
42 USC 3604(c).
18. All matters,covenants,conditions,restrictions,easements and any rights,interests or claims
which may exist by reason thereof,disclosed by the recorded survey of Certificate of Survey No.
1471,records of Gallatin County,Montana,but deleting any covenant,condition or restriction
indicating a preference,limitation or discrimination based on race,color,religion,sex,handicap,
familial status,or national origin to the extent such covenants,conditions or restrictions violate
42 USC 3604(c).
19. All matters,covenants,conditions,restrictions,easements and any rights,interests or claims
which may exist by reason thereof, disclosed by the recorded survey of Certificates of Survey No.
2207,2207A and 2207B,records of Gallatin County,Montana,but deleting any covenant,
condition or restriction indicating a preference,limitation or discrimination based on race,color,
religion,sex,handicap,familial status,or national origin to the extent such covenants,conditions
or restrictions violate 42 USC 3604(c).
Extinguishment of Easement,recorded November 30,2001,Document No. 2054253,records of
Gallatin County,Montana.
20. Right of Way Easement granted to The Montana Power Company, a corporation,recorded
August 10, 1944,in Book 89 of Deeds,Page 621,records of Gallatin County, Montana.
Deed conveying all existing easements from Northwestern Energy,L.L.C., formerly known as
The Montana Power,L.L.C.,successor by merger to the remaining utility business of The
Montana Power Company to Northwestern Corporation,recorded December 4,2002,Document
No. 2089795,records of Gallatin County,Montana.
21. Right of Way granted to The Mountain States Telephone and Telegraph Co.,recorded July 23,
1929,in Book 11 of Miscellaneous,Page 24,records of Gallatin County,Montana.
22. Terms, conditions,restrictions and all other disclosures contained in the Agreement, dated
February 2, 1972,executed by and between the City of Bozeman,a Municipal Corporation and
Paul R. Carter,recorded February 15, 1972,in Film 13,Page 183,records of Gallatin County,
Montana.
23. Term and conditions as set out in Warranty Deed,recorded January 29, 1975,in Film 27,Page
633,records of Gallatin County,Montana.
24. Terms,conditions,restrictions and all other disclosures contained in the Bargain and Sale Deed,
recorded February 1, 1983 in Film 74,Page 1207,records of Gallatin County,Montana.
25. Right of Way Easement to The Montana Power Company, a corporation,recorded April 20,
1983,in Film 75 of Deeds,Page 2103,records of Gallatin County,Montana.
Deed conveying all existing easements from Northwestern Energy,L.L.C.,formerly known as
The Montana Power,L.L.C.,successor by merger to the remaining utility business of The
Montana Power Company to Northwestern Corporation,recorded December 4,2002,Document
No. 2089795,records of Gallatin County,Montana.
26. Right of Way Easement granted to the Mountain States Telephone and Telegraph Company,
recorded May 8, 1985, in Film 87,Page 3271,records of Gallatin County,Montana.
27. Right of Way Easement to The Mountain States Telephone and Telegraph Company,recorded
December 3, 1984, in Film 85,Page 3468,records of Gallatin County,Montana.
28. Right of Way Easement to The Montana Power Company,a corporation,recorded June 18, 1985,
in Film 88,Page 869,records of Gallatin County,Montana.
Deed conveying all existing easements from Northwestern Energy,L.L.C.,formerly known as
The Montana Power,L.L.C.,successor by merger to the remaining utility business of The
Montana Power Company to Northwestern Corporation,recorded December 4,2002,Document
No. 2089795,records of Gallatin County,Montana.
29. Right of Way Easement to The Montana Power Company, a corporation,recorded October 1,
1985,in Film 89,Page 2824,records of Gallatin County,Montana.
Deed conveying all existing easements from Northwestern Energy,L.L.C.,formerly known as
The Montana Power,L.L.C., successor by merger to the remaining utility business of The
Montana Power Company to Northwestern Corporation,recorded December 4,2002,Document
No. 2089795,records of Gallatin County,Montana.
30. Right of Way Easement to The Montana Power Company,a corporation,recorded December 16,
1985,in Film 90,Page 1665,records of Gallatin County,Montana.
Deed conveying all existing easements from Northwestern Energy,L.L.C.,formerly known as
The Montana Power,L.L.C.,successor by merger to the remaining utility business of The
Montana Power Company to Northwestern Corporation,recorded December 4,2002,Document
No. 2089795,records of Gallatin County,Montana.
31. Right of Way Easement to The Montana Power Company,a corporation,recorded December 16,
1985,in Film 90,Page 1666,records of Gallatin County,Montana.
Deed conveying all existing easements from Northwestern Energy,L.L.C.,formerly known as
The Montana Power,L.L.C., successor by merger to the remaining utility business of The
Montana Power Company to Northwestern Corporation,recorded December 4,2002,Document
No. 2089795,records of Gallatin County,Montana.
32. Restrictions as set out in Warranty Deed,recorded November 1,2001,Document No. 2052053,
records of Gallatin County,Montana.
Extinguishment of Deed Restriction,recorded September 11,2008,Document No. 2310101,
records of Gallatin County,Montana.
33. Terms and conditions of Easement Agreement, dated October 26,2001,executed by and between
Boys and Girls Club of Southwest Montana and Vera E. Henderson,Trustee of the Vera E.
Henderson Family Trust,also sometimes known as the Vera E. Henderson Revocable Trust of
October 16, 1997, and Carroll V. Henderson,Trustee of the Carroll V.Henderson Family Trust,
also sometimes known as the Carroll V. Henderson Revocable Trust of October 16, 1997,
recorded November 30,2001,Document No.2054252,records of Gallatin County,Montana. .
34. Terms,conditions and all other disclosures contained in Sewer and Water Pipeline and Access
Easement and Agreement,executed by and between Carroll V. Henderson,Trustee of the Carroll
V. Henderson Family Trust and Trustee of the Carroll V. Henderson Revocable Trust of October
16, 1997 and Vera E. Henderson,Trustee of the Vera E. Henderson Family Trust and Trustee of
the Vera E. Henderson Revocable Trust of October 16, 1997 and Carroll V. Henderson,Chairman
of The Boys and Girls Club of Southwest Montana, and the City of Bozeman,a municipal
corporation,recorded April 17,2002,Document No. 2066511,records of Gallatin County,
Montana.
35. Terms,conditions,restrictions and all other disclosures contained in Amended Access Control
Resolution Designation of Controlled Access Highway and Facility,recorded April 6,2015,
Document No. 2507877,records of Gallatin County,Montana.
36. Terms,conditions,restrictions and all other disclosures for Real Estate Conveyance Agreement
Between the City of Bozeman and The Trust for Public Land, dated July 10,2017,executed by
and between The Trust for Public Land,a nonprofit California benefit corporation,and the City
of Bozeman, a political subdivision of the State of Montana,recorded August 4,2017, Document
No. 2587870,records of Gallatin County,Montana.
NOTE: Copies of documents creating exceptions herein may be obtained upon request.
NOTES:
A Realty Transfer Certificate must be submitted before forthcoming instruments of transfer can be placed
of record and when property is not served by a public service water supply, a statement concerning
transfer or non-transfer of water right must appear thereon.
Title is to vest in a person(s) or entity(s)not yet disclosed and when so disclosed will be subject to a
search of the public records in regard to said disclosure.
No liability is assumed hereunder until full policy premium is paid.
Regulations imposed on the title insurance industry by the Montana State Insurance Commission require
that a fee be charged for cancellation.
The right to amend this report to reflect any adverse items disclosed by an inspection is hereby reserved.
END OF EXCEPTIONS
NOTE: The attached county map/plat/survey is for reference purposes only. Security Title
Company of Montana assumes no liability for the accuracy thereof.
* OWNER'S POLICY OF TITLE INSURANCE
* * Policy Number OX-12102154
* issued by Old Republic National Title Insurance Company
Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must
be given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE
B, AND THE CONDITIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation (the
"Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or
damage,not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from:
(a) A defect in the Title caused by
(i) forgery, fraud,undue influence,duress, incompetency, incapacity,or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed,witnessed, sealed, acknowledged,notarized, or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified,expired, or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by
electronic means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable,but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by
an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing
improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located
on adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and
zoning)restricting,regulating, prohibiting, or relating to
(a) the occupancy,use,or enjoyment of the Land;
(b) the character,dimensions, or location of any improvement erected on the Land;
(c) the subdivision of land; or
(d)environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but
only to the extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the
enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement
referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public
Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
9. Title being vested other than as stated in Schedule A or being defective
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or
any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A
because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or
similar creditors' rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under- federal
ORT Form 4309
ALTA Owner's Policy of Title Insurance 6-17-06 Page 1 of 7
bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or
attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or
other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy,
but only to the extent provided in the Conditions.
Issued through the Office of: OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Stock Company
400 Second Avenue South,Minneapolis,Minnesota 55401
(612)371-1111
i
BY v President
Authorized Signature Attest ! •�' b ti d Secretary
IN
Security Title Company of Montana
600 South 19°i Avenue
Bozeman, MT 59718
ORT Form 4309
ALTA Owner's Policy of Title Insurance 6-17-06 Page 2 of 7
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs,
attorneys'fees, or expenses that arise by reason of:
1. (a)Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting,or relating to
(i)the occupancy,use, or enjoyment of the Land;
(ii)the character, dimensions, or location of any improvement erected on the Land;
(iii)the subdivision of land; or
(iv)environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion I(a) does not modify or
limit the coverage provided under Covered Risk 5.
(b)Any governmental police power. This Exclusion I(b)does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b)not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not
disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under
this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under
Covered Risk 9 and 10); or
(e)resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws,that the transaction
vesting the Title as shown in Schedule A, is
(a)a fraudulent conveyance or fraudulent transfer; or
(b)a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date
of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in
Schedule A.
ORT Form 4309
ALTA Owner's Policy of Title Insurance 6-17-06 Page 3 of 7
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy,
increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions.
(b) "Date of Policy": The date designated as"Date of Policy" in Schedule A.
(c) "Entity": A corporation,partnership,trust, limited liability company, or other similar legal entity.
(d) "Insured": The Insured named in Schedule A.
(i) The term "Insured" also includes
(A) successors to the Title of the Insured by operation of law as distinguished fi•om purchase, including heirs, devisees,
survivors,personal representatives, or next of kin;
(B) successors to an Insured by dissolution, merger, consolidation, distribution,or reorganization;
(C)successors to an Insured by its conversion to another kind of Entity;
(D)a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title
(1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named
Insured,
(2) if the grantee wholly owns the named Insured,
(3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and
the named Insured are both wholly-owned by the same person or Entity, or
(4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured
named in Schedule A for estate planning purposes.
(ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company
would have had against any predecessor Insured.
(e) "Insured Claimant": An Insured claiming loss or damage.
(f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by
reason of the Public Records or any other records that impart constructive notice of matters affecting the Title.
(g) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land"
does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or
easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent
that a right of access to and from the Land is insured by this policy.
(h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means
authorized by law.
(i) "Public Records": Records established under-state statutes at Date of Policy for the purpose of imparting constructive notice of
matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public
Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court
for the district where the Land is located.
(j)"Title": The estate or interest described in Schedule A.
(k) "Unmarketable Title": Title affected by an alleged or apparent matter-that would permit a prospective purchaser or lessee of
the Title or lender on the Title to be released fi•om the obligation to purchase, lease, or lend if there is a contractual condition
requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE
The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured
retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from
the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title.
This policy shall not continue in force in favor of any purchaser fi•om the Insured of either(i) an estate or interest in the Land, or
(ii)an obligation secured by a purchase money Mortgage given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these
Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title,
as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or(iii) if the Title,
as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide
prompt notice,the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice.
4. PROOF OF LOSS
In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a
condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien,
ORT Form 4309
ALTA Owner's Policy of Title Insurance 6-17-06 Page 4 of 7
encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the
extent possible,the basis of calculating the amount of the loss or damage.
5. DEFENSE AND PROSECUTION OF ACTIONS
(a)Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its
own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party
asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action
alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to
the right of the Insured to object for reasonable cause)to represent the Insured as to those stated causes of action. It shall not
be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred
by the Insured in the defense of those causes of action that allege matters not insured against by this policy.
(b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to
institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to
establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate
action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be
an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection,
it must do so diligently.
(c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue
the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole
discretion,to appeal any adverse judgment or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or
proceeding and any appeals,the Insured shall secure to the Company the right to so prosecute or provide defense in the action
or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the
Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence,
obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful
act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If
the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the
Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation,
with regard to the matter or matters requiring such cooperation.
(b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized
representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places
as may be designated by the authorized representative of the Company, all records, in whatever medium maintained,
including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a
date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized
representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative
of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably
pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company
pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in
the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any
reasonably requested information, or grant permission to secure reasonably necessary information from third parties as
required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company
under this policy as to that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY
In case of a claim under this policy,the Company shall have the following additional options:
(a)To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses
incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and
that the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this
policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to
defend,prosecute, or continue any litigation.
(b)To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant.
(i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under
this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant
that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or
ORT Form 4309
ALTA Owner's Policy of Title Insurance 6-17-06 Page 5 of 7
(ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy,together with any
costs,attorneys'fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time
of payment and that the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's
obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made,
shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation.
8. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who
has suffered loss or damage by reason of matters insured against by this policy.
(a)The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of
(i) the Amount of Insurance; or
(ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by
this policy.
(b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured,
(i) the Amount of Insurance shall be increased by 10%, and
(ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made
by the Insured Claimant or as of the date it is settled and paid.
(c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses
incurred in accordance with Sections 5 and 7 of these Conditions.
9. LIMITATION OF LIABILITY
(a)If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access
to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method,
including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter
and shall not be liable for any loss or damage caused to the Insured.
(b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no
liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of
all appeals, adverse to the Title, as insured.
(c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling
any claim or suit without the prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY
All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of
Insurance by the amount of the payment.
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which
exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an
Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the
Insured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall
be made within 30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a)Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of
the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has
against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the
Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the
Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the
name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these
rights and remedies.
If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the
exercise of its right to recover until after the Insured Claimant shall have recovered its loss.
(b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance,
or bonds,notwithstanding any terms or conditions contained in those instruments that address subrogation rights.
ORT Form 4309
ALTA Owner's Policy of Title Insurance 6-17-06 Page 6 of 7
14. ARBITRATION
Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the
Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall
be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited
to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in
connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction
giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the
option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of$2,000,000
shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the
Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of
competent jurisdiction.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT
(a)This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the
Insured and the Company. In interpreting any provision of this policy,this policy shall be construed as a whole.
(b)Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to
this policy.
(c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly
incorporated by Schedule A of this policy.
(d)Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions.
Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify
any prior endorsement, (iii)extend the Date of Policy, or(iv) increase the Amount of Insurance.
16. SEVERABILITY
In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy
shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and
effect.
17. CHOICE OF LAW; FORUM
(a)Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the
premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation,
rights,remedies,or enforcement of policies of title insurance of the jurisdiction where the Land is located.
Therefore,the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity
of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case
shall the court or arbitrator apply its conflicts of law principles to determine the applicable law.
(b)Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state
or federal court within the United States of America or its territories having appropriate jurisdiction.
18. NOTICES,WHERE SENT
Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be
given to the Company at 400 Second Avenue South, Minneapolis,Minnesota 55401-2499.
ORT Form 4309
ALTA Owner's Policy of Title Insurance 6-17-06 Page 7 of 7
Old Republic Title Insurance Company ALTA Owner's Policy(6/17/06)
400 Second Avenue South ORT Form 4309
Minneapolis,ININ 55401
SCHEDULE A
File No.: G171628 Policy No.: OX-12102154
Address Reference: 600 Bridger Drive, Bozeman,Montana,59715
Amount of Insurance: $1,675,000.00 Premium: $3,576.75
Date of Policy: 11/30/2017 at 3:25PM
1. Name of Insured:
The City of Bozeman, a Montana municipal corporation
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, a Montana municipal corporation
4. The land referred to in this policy is described as follows:
Tract 1B,of Certificate of Survey No. 2207B, a tract of land being Tract lA and Tract
2A of Certificate of Survey No. 2207A,located in the SE1/4 of Section 31,Township 1
South,Range 6 East, and the NE1/4 of Section 6,Township 2 South,Range 6 East,
P.M.M., Gallatin County,Montana, according to the official survey thereof on file and
of record in the office of the County Clerk and Recorder of Gallatin County,Montana.
ALTA Owner's Policy(6/17/06)
ORT Form 4309
SCHEDULE B
File No.: G171628 Policy No.: OX-12102154
Section One:
The policy does not insure against loss or damage (and the company will not pay costs,
attorney's fees or expenses)which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but
which could be ascertained by an inspection of said land or by making inquiry of person
in possession thereof.
3. Easements,claims of easement or encumbrances which are not shown by the public
records.
4. Any encroachment,encumbrance,violation,variation,or adverse circumstance
affecting the title including discrepancies,conflicts in boundary lines,shortage in area,
or any other facts that would be disclosed by an accurate and complete land survey of
the land, and that are not shown in the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts
authorizing the issuance thereof, (c)water rights, claims or title to water whether or not
the matters excepted under (a), (b), or(c) are shown by the public records.
6. Any lien, or right to a lien,for services, labor or material theretofore or hereafter
furnished,imposed by law and not shown by the public records.
Section Two:
1. Any right, title or interest in any minerals, mineral rights or related matters including but not
limited to metals, stone, oil, gas, coal, and other hydrocarbons, sand, gravel or other common
variety materials, whether or not shown by the public records.
2. General and special taxes and assessments for the year 2017 show paid.
3. Special Assessments levied by the City of Bozeman for Arterial & Collector for the year
2017/2018 show paid.
4. Special Assessments levied by the City of Bozeman for Street Maintenance for the year
2017/2018 show paid.
5. Special Assessments levied by the City of Bozeman for Tree Maintenance for the year
2017/2018 show paid.
6. County road rights-of-way not recorded and indexed as a conveyance in the office of the
Clerk and Recorder pursuant to Title 70, Chapter 21, M.C.A., including, but not limited to
East Griffin Drive.
7. Any loss occasioned by or through the processes of avulsion, alluvion, reliction, dereliction
or erosion by virtue of any possible riparian rights or the rights of riparian rights or the rights
of riparian owners.
8. The policy issued hereunder does not insure title to land comprising the shores or bottoms of
navigable waters or to the artificial accretions or fill.
NOTE: The plat of said land disclosed that the East Gallatin River flows over, along and
across the subject real property.
9. Any right of the Public in and to easements of access and recreation which exist or are
claimed to exist over, along and across that portion of the subject real property included
within the bed and banks of the East Gallatin River, and any portage rights associated
therewith.
10. All right, title and interest of the State of Montana, if any, in and to the lands comprising the
shores and bottoms of navigable rivers.
11. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims
which may exist by reason thereof, disclosed by the recorded survey of Certificate of Survey
No. 110, records of Gallatin County, Montana, but deleting any covenant, condition or
restriction indicating a preference, limitation or discrimination based on race, color, religion,
sex, handicap, familial status, or national origin to the extent such covenants, conditions or
restrictions violate 42 USC 3604(c).
12. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims
which may exist by reason thereof, disclosed by the recorded survey of Certificate of Survey
No. 1471, records of Gallatin County, Montana, but deleting any covenant, condition or
restriction indicating a preference, limitation or discrimination based on race, color, religion,
sex, handicap,familial status, or national origin to the extent such covenants, conditions or
restrictions violate 42 USC 3604(c).
13. All matters, covenants, conditions, restrictions,easements and any rights, interests or claims
which may exist by reason thereof, disclosed by the recorded survey of Certificates of Survey
No. 2207, 2207A and 220713, records of Gallatin County, Montana, but deleting any
covenant, condition or restriction indicating a preference, limitation or discrimination based
on race, color, religion, sex, handicap, familial status, or national origin to the extent such
covenants, conditions or restrictions violate 42 USC 3604(c).
Extinguishment of Easement, recorded November 30, 2001, Document No. 2054253, records
of Gallatin County, Montana.
14. Right of Way Easement granted to The Montana Power Company, a corporation, recorded
August 10, 1944, in Book 89 of Deeds, Page 621, records of Gallatin County, Montana.
Deed conveying all existing easements from Northwestern Energy, L.L.C., formerly known
as The Montana Power, L.L.C., successor by merger to the remaining utility business of The
Montana Power Company to Northwestern Corporation, recorded December 4, 2002,
Document No. 2089795, records of Gallatin County, Montana.
15. Right of Way granted to The Mountain States Telephone and Telegraph Co., recorded July
23, 1929, in Book I 1 of Miscellaneous, Page 24, records of Gallatin County, Montana.
16. Terms, conditions, restrictions and all other disclosures contained in the Agreement, dated
February 2, 1972, executed by and between the City of Bozeman, a Municipal Corporation
and Paul R. Carter, recorded February 15, 1972, in Film 13, Page 183, records of Gallatin
County, Montana.
17. Term and conditions as set out in Warranty Deed, recorded January 29, 1975, in Film 27,
Page 633, records of Gallatin County, Montana.
18. Terms, conditions, restrictions and all other disclosures contained in the Bargain and Sale
Deed, recorded February 1, 1983 in Film 74, Page 1207, records of Gallatin County,
Montana.
19. Right of Way Easement to The Montana Power Company, a corporation, recorded April 20,
1983, in Film 75 of Deeds, Page 2103, records of Gallatin County, Montana.
Deed conveying all existing easements from Northwestern Energy, L.L.C., formerly known
as The Montana Power, L.L.C., successor by merger to the remaining utility business of The
Montana Power Company to Northwestern Corporation, recorded December 4, 2002,
Document No. 2089795, records of Gallatin County, Montana.
20. Right of Way Easement granted to the Mountain States Telephone and Telegraph Company,
recorded May 8, 1985, in Film 87, Page 3271, records of Gallatin County, Montana.
21. Right of Way Easement to The Mountain States Telephone and Telegraph Company,
recorded December 3, 1984, in Film 85, Page 3468, records of Gallatin County, Montana.
22. Right of Way Easement to The Montana Power Company, a corporation, recorded June 18,
1985, in Film 88, Page 869, records of Gallatin County, Montana.
Deed conveying all existing easements from Northwestern Energy, L.L.C., formerly known
as The Montana Power, L.L.C., successor by merger to the remaining utility business of The
Montana Power Company to Northwestern Corporation, recorded December 4, 2002,
Document No. 2089795, records of Gallatin County, Montana.
23. Right of Way Easement to The Montana Power Company, a corporation, recorded October 1,
1985, in Film 89, Page 2824, records of Gallatin County, Montana.
Deed conveying all existing easements from Northwestern Energy, L.L.C., formerly known
as The Montana Power, L.L.C., successor by merger to the remaining utility business of The
Montana Power Company to Northwestern Corporation, recorded December 4, 2002,
Document No. 2089795, records of Gallatin County, Montana.
24. Right of Way Easement to The Montana Power Company, a corporation, recorded December
16, 1985, in Film 90, Page 1665, records of Gallatin County, Montana.
Deed conveying all existing easements from Northwestern Energy, L.L.C., formerly known
as The Montana Power, L.L.C., successor by merger to the remaining utility business of The
Montana Power Company to Northwestern Corporation, recorded December 4, 2002,
Document No. 2089795, records of Gallatin County, Montana.
25. Right of Way Easement to The Montana Power Company, a corporation, recorded December
16, 1985, in Film 90, Page 1666, records of Gallatin County, Montana.
Deed conveying all existing easements from Northwestern Energy, L.L.C., formerly known
as The Montana Power, L.L.C., successor by merger to the remaining utility business of The
Montana Power Company to Northwestern Corporation, recorded December 4, 2002,
Document No. 2089795, records of Gallatin County, Montana.
26. Restrictions as set out in Warranty Deed, recorded November 1, 2001, Document No.
2052053, records of Gallatin County, Montana.
Extinguishment of Deed Restriction, recorded September 11, 2008, Document No. 23 1010 1,
records of Gallatin County, Montana.
27. Terms and conditions of Easement Agreement, dated October 26, 2001, executed by and
between Boys and Girls Club of Southwest Montana and Vera E. Henderson, Trustee of the
Vera E. Henderson Family Trust, also sometimes known as the Vera E. Henderson Revocable
Trust of October 16, 1997, and Carroll V. Henderson, Trustee of the Carroll V. Henderson
Family Trust, also sometimes known as the Carroll V. Henderson Revocable Trust of October
16, 1997, recorded November 30,2001, Document No. 2054252, records of Gallatin County,
Montana.
28. Terms, conditions and all other disclosures contained in Sewer and Water Pipeline and
Access Easement and Agreement, executed by and between Carroll V. Henderson, Trustee of
the Carroll V. Henderson Family Trust and Trustee of the Carroll V. Henderson Revocable
Trust of October 16, 1997 and Vera E. Henderson,Trustee of the Vera E. Henderson Family
Trust and Trustee of the Vera E. Henderson Revocable Trust of October 16, 1997 and Carroll
V. Henderson, Chairman of The Boys and Girls Club of Southwest Montana, and the City of
Bozeman, a municipal corporation, recorded April 17, 2002, Document No. 2066511, records
of Gallatin County, Montana.
29. Terms, conditions, restrictions and all other disclosures contained in Amended Access
Control Resolution Designation of Controlled Access Highway and Facility, recorded April
6, 2015,Document No. 2507877, records of Gallatin County, Montana.
30. Terms, conditions, restrictions and all other disclosures for Real Estate Conveyance
Agreement Between the City of Bozeman and The Trust for Public Land, dated July 10,
2017, executed by and between The Trust for Public Land, a nonprofit California benefit
corporation, and the City of Bozeman, a political subdivision of the State of Montana,
recorded August 4, 2017, Document No. 2587870, records of Gallatin County, Montana.
END OF EXCEPTIONS