HomeMy WebLinkAbout18- Certificate of City Attorney - KS DevCor, Inc. - The Lakes at Valley West, Phase 4 Final Plat J-624
Timothy A. Cooper
P.O. Box 1230
Bozeman, MT 59771-1230
2611205
Page: 1 of 7 04/17/2018 11:14:34 AM Fee. $5.00
Charlotte Mills - Gallatin County, MT
l PLATCTF
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CERTIFICATE OF CITY ATTORNEY
The undersigned Assistant City Attorney, in and for the City of Bozeman, County of
Gallatin, State of Montana, hereby certifies that the real property described in the proposed Final
Plat of The Lakes at Valley West Phase 4, more particularly described in the attached
Preliminary Subdivision Certificate, incorporated herein by reference, is owned by:
KS DevCor,Inc. a Montana Corporation
This certificate is based upon the attached Preliminary Subdivision Certificate issued by
American Land Title Company of Gallatin County, Montana as of the 20th day of March,2018, at
5 o'clock P.M., and is so certified subject to the restrictions contained therein.
CITY ATTORNEY
By: o
Timothy A. Coo s stant City Attorney
SUBSCRIBED AND SWORN TO before me this 131h day of April, 2018.
�Ea .'MAL LEATHER BIENVENUE
� 6` Notary Public
fX.'NOTARL 4%*r-for the state of Montana AP 11,
* * Residing at: gotaryaPublic for the State of Montana
9 SEAL
, �7, Bozeman, Montana
> p�MoP° My commission Expires:
'' ` January 26,2022
PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE
Amendment No. 1
Policy No. 7208926-210965415
CHICAGO TITLE INSURANCE COMPANY
To the County of Gallatin and the City of Bozeman in Montana
CHICAGO TITLE INSURANCE COMPANY, a corporation organized and existing under the laws of the State of
Florida,with its principal office in the City of Jacksonville,Florida and duly authorized to insure titles in Montana
hereby certifies that from its examination of these public records which impart constructive notice of matters
affecting the title to the real estate described in Schedule A hereof, as of the 201h day of March, 2018, at 5 o'clock
P.M.,the title to the described real estate was indefeasibly vested in fee simple of record in:
KS DevCor,Inc., a Montana corporation
subject only to the objections, liens charges,encumbrances and other matters shown under Schedule B hereof.
The maximum liability of the undersigned under this certificate is limited to the sum of$200.00.
This certificate of title is made in consideration of the payment of the premium by the subdivider of the land for
the use of the County and City above named.
Order Number: 1-106086
CHICAGO TITLE INSURANCE COMPANY
Issued by: AMEPJCAN LAND TITLE COMPANY OF MONTANA
Home office: Branch Office: v4su /� 7
1800 W.Koch/P.O.Box 396 3 Geyser Street/P.O.Box 1248
Bozeman,MT 59715/59771-0396 Ennis,MT 59729 9AT TEST Prasidznl
(888)405-5299/(406)587-5563 (800)405-5299/(406)682-5299
Fax:(406)587-8038 Fax:(406)682-5288
Email:bozeman@altc.biz Email:ennis a altc.biz
Sectalary
Branch Office:
78 Meadow Village Dr,Suite B/P.O.Box 161528
Big Sky,MT 59716
(866)993-2102/(406)993-2101
Fax:(406-)993-2104
Email:biesky@altc.biz
We7ndy K. Sch serlbs— ,Authorized Signatory
Preliminary Subdivision Certificate of Title For Use in Montana
Schedule A
Page 2 Certificate No.: 7208926-210965415
Order No.: 1-106086
Being the legal description of the real estate covered by this certificate.
The following described parcel of real estate:
Phase 4 of The Lakes at Valley West, being Lot R2A of The Lakes at Valley West—Phase 3. Plat J-598,
situated in the NE'/4NW'/4 of Section 9, Township 2 South, Range 5 East, Principal Meridian, City of
Bozeman, Gallatin County, Montana, more particularly described as follows:
Commencing at the Corner of Sections 4, 5, 8, and 9,Township 2 South,Range 5 East, Principal Meridian,
as described on Certified Corner Recordation, Book 4, Page 931, Document No. 2566976, filed at the
Gallatin County Clerk and Recorder's Office; thence N.88° 04' 19"E., 1337.30 feet to the West One-
sixteenth Corner between Section 4 and Section 9; thence S.00° 59' 02"W., 659.06 feet along the east
boundary of the NW'/4NW'/4 of Section 9 to the southwest corner of Phase 3 of The Lakes at Valley West the
Point of Beginning;thence along the south boundary of Phase 3 of The Lakes at Valley West S.89° 00'
58"E., 82.84 feet;thence continuing along the said boundary N.84°34'24"E., 57.69 feet;thence
N.75016'23"E., 33.24 feet;thence N.63°07'43"E., 86.94 feet;thence N.56°35'13"E., 64.64 feet;thence
N.53°42'03"E., 60.00 feet;thence N.50°56'59"E. 90.09 feet to an angle point on the south boundary of
Phase 3 of The Lakes at Valley West; thence continuing along said boundary S.36°32'03"E,. 62.13 feet to
point of curvature; thence along a curve to the right having a radius of 280.00 feet, a central angle of
24°45'39"for an are length of 121.00 feet to an angle point on the south boundary of Phase 3 of The Lakes
at Valley West; thence N.88004'19"E., 783.80 feet to the southeast corner of Phase 2 of The Lakes at Valley
West a common point on the west right-of-way of North Laurel Parkway;thence S.0°58'16"W., 694.85 feet
to a point on the north boundary of the SE'/4NW'/4 of Section 9; thence S.88028'17W., 1292.11 feet to the
Northwest One-sixteenth Corner of Section 9; thence N.00° 59'02'E. for 682.78 feet along the east boundary
of the NW`/4NW'/4 of Section 9,to the Point of Beginning.
The above-described tract of land is to be known and designated as "The Lakes at Valley West-Phase 4",
City of Bozeman, Gallatin County, Montana.
Preliminary Subdivision Certificate of Title For Use in Montana
Schedule B
Page 3 Certificate No.: 7208926-210965415
Order No.: 1-106086
Being all of the estates, interests, equities, lawful claims, or demands, defects, or objections
whatsoever to title; and all easements, restrictions, liens, charges, taxes (general, special, or
inheritance, or assessments of whatever nature), or encumbrances; and all other matters
whatsoever affecting said premises, or the estate, right, title or interest of the record owners,
which now do exist of record.
1. Any right, title, or interest in minerals in or under said land including, but not limited to,
metals, oil, gas, coal, other hydrocarbons, sand gravel or other common variety materials,
stone, mineral rights, mining rights, easement rights, water rights, claims of title to water or
other matters relating thereto, whether expressed or implied and whether or not shown by
the public records.
2. Easements, covenants, conditions and restrictions, and other servitudes that are not subject
to the Montana Subdivision and Platting Act are not shown herein.
3. Taxes for the year 2018 and subsequent years. Taxes for the year 2017 are paid. Taxes for
the year 2018 are a lien not yet due or payable. (Parcel No. RGG31146) [Includes this
and other property]
4. Special assessments levied by the City of Bozeman for 2017-2018 under Account No.
132700: [Includes this and other property]
First Half:
Arterial & Collector.
District No. 8000 Street Maintenance.
District No. 8001 Tree Maintenance.
Installment paid.
Second Half:
Arterial & Collector.
District No. 8000 Street Maintenance.
District No. 8001 Tree Maintenance.
Installment paid.
(Continued)
Schedule B
Preliminary Subdivision Certificate of Title(Montana)
Schedule B
Page 4 Certificate No.: 7208926-210965415
Order No.: 1-106086
No liability is assumed for any special assessments, snow removal, sewer assessment or
garbage assessment not set forth in the Assessment Books of the City of Bozeman.
5. Restrictive Covenants appearing of record as Document No. 2072118. Amendments and
Supplements recorded as Document No. 2137664, as Document No. 2220479, as Document
No. 2235801, as Document No. 2269548, as Document No. 2302270, as Document No.
2320406, as Document No. 2436655, re-recorded as Document No. 2437965, Document No.
2479575, Document No. 2511338 and as Document No. 2527604, but omitting covenants or
restrictions, if any, based on race, color, religion, sexual orientation, familial status, marital
status, disability, handicap, national origin, ancestry, or source of income, as set forth in
applicable state or federal laws, except to the extent that said covenant or restriction is
permitted by applicable law.
6. Declaration of Protective Covenants, Conditions, and Restrictions for The Lakes at Valley
West recorded October 14, 2015, as Document No. 2527605. Affidavit of Omission
Concerning the Declaration of Protective Covenants, Conditions and Restrictions for the
Lakes at Valley West recorded June 20, 2016, as Document No. 2548465. First Amendment
recorded April 6, 2017, as Document No. 2576475, Assignment of Rights and
Responsibilities recorded January 31, 2017, as Document No. 2570825 and Second
Assignment of Rights and Responsibilities recorded October 31, 2017, as Document No.
2597223, but omitting covenants or restrictions, if any, based on race, color, religion, sexual
orientation, familial status, marital status, disability, handicap, national origin, ancestry, or
source of income, as set forth in applicable state or federal laws, except to the extent that
said covenant or restriction is permitted by applicable law.
7. Improvements Agreement for The Lakes at Valley West Subdivision, Phase 3 (Street
Lighting, Water and Sewer Mains, Street Paving, Public Landscaping, Sidewalks, and Open
Space Improvements) recorded April 6, 2017, as Document No. 2576472, records of
Gallatin County, Montana, including the terms and provisions therein.
8. Perpetual Access Easement at The Lakes at Valley West Subdivision, Phase 3 recorded
April 6, 2017, as Document No. 2576474, records of Gallatin County, Montana, including
the terms and provisions therein.
9. Notice of Building Permit Restrictions recorded April 6, 2017, as Document No. 2576476,
records of Gallatin County, Montana, including the terms and provisions therein.
10. Waiver of Right to Protest Creation of Special Improvement District for The Lakes at Valley
West Phase 3 recorded March 20, 2017, as Document No. 2574898, records of Gallatin
County, Montana, including the terms and provisions therein.
(Continued)
Schedule B
Page 5 Certificate No.: 7208926-210965415
Order No.: 1-106086
11. All easements, notations, certificates, conditions and disclosures as contained on the
recorded plat for The Lakes at Valley West—Phase 3, Plat No. J-598, records of Gallatin
County, Montana, including the terms and provisions therein.
12. Assignment of Rights and Responsibilities—Valley West Subdivision recorded December
31, 2012, as Document No. 2436656 and re-recorded January 17, 2013, as Document No.
2437966 and as Document No. 2511337, records of Gallatin County, Montana, including the
terms and provisions therein.
13. Rule and Regulation for The Valley West Homeowner's Association recorded December 16,
2013, as Document No. 2470369, records of Gallatin County, Montana, including the terms
and provisions therein.
14. Rule and Regulation for the Valley West Homeowners Association recorded December 16,
2013, as Document No. 2470370, records of Gallatin County, Montana, including the terms
and provisions therein.
15. Rule and Regulation for the Valley West Homeowners Association recorded March 18,
2015, as Document No. 2506359, records of Gallatin County, Montana, including the terms
and provisions therein.
16. Lift Station Agreement recorded October 14, 2015, as Document No. 2527602, records of
Gallatin County, Montana, including the terms and provisions therein.
17. Right of Way for, or any portion falling with Baxter Creek, Baxter Ditch, or Maynard
Border Ditch and ponds as disclosed by the Gallatin County Plat Books.
18. Valley West Annexation Agreement dated December 22, 1997 and recorded December 24,
1997 in Film 180, page 22, including all Waivers, Conditions, and Easements contained
therein.
19. Waiver of Right to Protest the Creating of Special Improvement Districts recorded
September 18, 2001, as Document No. 2048041, records of Gallatin County, Montana,
including the terms and provisions therein.
(Continued)
Schedule B
Page 6 Certificate No.: 7208926-210965415
Order No.: 1-106086
20. Public Street and Utility Easement to the City of Bozeman recorded February 20, 2007, as
Document No. 2257277, records of Gallatin County, Montana, including the terms and
provisions therein.
21. Public Street and Utility Easement to the City of Bozeman recorded September 16, 2009 as
Document No. 2342377, records of Gallatin County, Montana, including the terms and
provisions therein.
22. No Search has been made for water rights and unpatented mining claims, and liability
thereon is excluded from coverage of this certificate.
END OF SCHEDULE B