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Home My WebLink About19- Certificate of City Attorney - Flanders Mill, LLC - Final Plat of Flanders Mill, Phase 7 J-652 Timothy A. Cooper P.O. Box 1230 Bozeman, MT 59771-1230 2653326 Page: 1 of 7 08/05/2019 01:45:06 PM Fee. $5.00 Eric Semerad - Gallatin County, MT PLATCTF 1 IIIIIII�11111 III IN III II 111111111III 11111 II IIII IIIIIII III 11111111111111111111111 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 Flanders Mill Subdivision, Phase 7, more particularly described in the attached Guarantee, incorporated herein by reference, is owned by: Flanders Mill, LLC, a Montana limited liability company This certificate is based upon the attached Guarantee issued by First American Title Insurance Company, of Gallatin County, Montana as of the 4th day of April, 2019, and is so certified subject to the restrictions contained therein. CITY ATTORNEY By: oo Timothy A. Cooper, Assistant City Attorney SUBSCRIBED AND SWORN TO before me this 19th day of July, 2019. HEATHER BIENVENUE °\A��A N`F' Notary Public _r. oTAR mt for the State of Montana Residing at: Notary Public for the State of Montana .SEAL.2e Bozeman, Montana ,9 •.• c�,° My Commission Expires: January 26,2022 Form 1282 CLTA Guarantee Face Page GUARANTEE ORDER NO. G181350 FEE: $150.00 First American Title Insurance Company a corporation, herein called the Company GUARANTEES Flanders Mill LLC, a Montana limited liability company and C &H Engineering and Surveying Inc. the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, AND SUBJECT TO THE FURTHER EXCLUSION AND LIMITATION THAT NO GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE IDENTITY OF ANY PARTY NAMED OR REFERRED TO IN SCHEDULE A OR WITH RESPECT TO THE VALIDITY, LEGAL EFFECT OR PRIORITY OF ANY MATTER SHOWN THEREIN, Dated: 4/04/2019 at 7:30 a.m. First Affirarikan.Title 'uran n y AUTHORIZED SIGNATORY: PI-111 GUARANTEE FEE: $150.00 SUBDIVISION OR PROPOSED SUBDIVISION: GUARANTEE NO.: 5010500-0011747e Flanders Mill Subdivision,Phase 7 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY,AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE,FIRST AMERICAN TITLE INSURANCE COMPANY,A CORPORATION HEREIN CALLED THE COMPANY, GUARANTEES: FOR THE PURPOSES OF AIDING ITS COMPLIANCE WITH GALLATIN COUNTY SUBDIVISION REGULATIONS, In a sum not exceeding$5,000.00. THAT according to those public records which, under the recording laws of the State of Montana, impart constructive notice of matters affecting the title to the lands described on the legal description: Lot Error! MergeField was not found in header record of data source. of Flanders Mill Subdivision,Phase 6, City of Bozeman, Gallatin County,Montana,according to the official plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County,Montana. (Plat Reference: J-637) (A) Parties having record title interest in said lands whose signatures are necessary under the requirements of Gallatin County Subdivision Regulations on the certificates consenting to the recordation of Plats and offering for dedication any streets, roads, avenues, and other easements offered for dedication by said Plat are: Flanders Mill,LLC (B) Parties holding liens or encumbrances on the title to said lands are: 1. General and special taxes and assessments for the year 2019 which are a lien but not yet computed or payable. 2. General and special taxes and assessments for the year 2018; first installment shows paid in the amount of$211.25; second installment shows paid in the amount of$204.62. Parcel No. RGG9366, 3. Special Assessments levied by the City of Bozeman for Arterial & Collector. The first installment for the year 2018/2019 shows paid in the amount of$48.06. Second installment shows paid in the amount of$48.06. PI-111 4. Special Assessments levied by the City of Bozeman for Street Maintenance. The first installment for the year 2018/2019 shows paid in the amount of$200.86. Second installment shows paid in the amount of$200.86. 5. Special Assessments levied by the City of Bozeman for Tree Maintenance. The first installment for the year 2018/2019 shows paid in the amount of$26.09. Second installment shows paid in the amount of$26.09 (C) Easements, claims of easements and restriction agreements of record are: 1. Right of Way for roads, streets and lanes as they may now be laid out and located over, along and across the subject real property, including but not limited to Flanders Mill Road and Baxter Lane. 2. Right of Way for ditches, creeks or canals as they may flow over, along and across subject property, as disclosed by various instruments of record, including but not limited to that Agreement, recorded in Book 10 of Miscellaneous, Page 511, records of Gallatin County, Montana. 3. Right of Way Easement to The Montana Power Company, recorded October 25,2001, Document No. 2051456, 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. 4. Right of Way Easement to The Montana Power Company, recorded October 25, 1988 in Film 103, Page 2459, 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, 5. All matters, covenants, conditions, restrictions,easements and any rights, interests or claims which may exist by reason thereof, disclosed by the recorded plat of Certificate of Survey No. 2834,Flanders Mill Subdivision Phase 1, Plat No. J-582, and Flanders Mill Subdivision Phase 2, Plat No. 590, 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). 6. Terms, conditions, restrictions and all other disclosures contained in the Flanders Mill Declaration of Covenants, Conditions, and Restrictions and Reservation of Easements for Flanders Mill and Design Regulation and Guidelines, recorded March 7,2016, Document No, 2539298,containing homeowner's assessments which may have priority over any security instrument, 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). P1-111 7. Public Street Easement to Gallatin County, recorded October 25, 2001, Document No. 2051455 records of Gallatin County, Montana. 8. Public Street Easement to the City of Bozeman, recorded April 3,2003, Document No. 2103144 records of Gallatin County, Montana. 9. Exclusive Perpetual Easement to The Montana Power Company, recorded October 25,2001, Document No. 2051453, 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. 10. Right of Way Easement to the Northwestern Corporation dba Northwestern Energy, recorded August 27, 2007, Document No. 2276848, records of Gallatin County, Montana. 11. Pipeline Easement to Northwestern Corporation dba Northwestern Energy, recorded August 22, 2008, Document No. 2308730, records of Gallatin County, Montana. 12. Terms, conditions, restrictions and all other disclosures contained in the Sewer and Water Pipeline and Access Easement and Agreement, between Douglas Lance Smith and the City of Bozeman, recorded January 4, 2001, Document No. 2027896, records of Gallatin County, Montana. 13. Terms, conditions, restrictions and all other disclosures contained in the Public Street Utility Easement Flanders Mill Road, recorded December 30, 2013, Document No. 2471378,records of Gallatin County, Montana. 14. Terms, conditions, restrictions and all other disclosures contained in the Smith#3 Annexation Agreement, recorded November 18, 2005, Document No. 2209986, records of Gallatin County, Montana. 15. Terms, conditions, restrictions and all other disclosures contained in the Commission Resolution No. 3847, recorded November 18,2005, Document No. 2209987, records of Gallatin County, Montana. 16. Terms, conditions, restrictions and all other disclosures contained in the Easement Agreement- Electric Power Line between Douglas Lance Smith aka Douglas L. Smith and Northwestern Energy Corporation, recorded October 12, 2007, Document No. 2281403, records of Gallatin County, Montana. 17. Terms, conditions, restrictions and all other disclosures contained in the Flanders Mill Annexation Agreement, recorded November 12, 2013, Document No. 2467906, records of Gallatin County, Montana. 18. Terms, conditions, restrictions and all other disclosures contained in the Bozeman City Commission Findings of Fact and Order for Flanders Mill Phases 1-7 Subdivision, recorded December 31,2014,Document No. 2500649, records of Gallatin County,Montana. P1-111 19. Terms, conditions, restrictions and all other disclosures contained in Commission Resolution No. 3847, recorded November 18, 2005, Document No. 2467913, records of Gallatin County, Montana. 20. Terms, conditions, restrictions and all other disclosures contained in Commission Resolution No. 4486, recorded November 12, 2013, Document No. 2467913, records of Gallatin County, Montana. 21. Public Park Easement to the City of Bozeman, recorded March 7, 2016, Document No. 2539299, records of Gallatin County, Montana 22. Terms, conditions, restrictions and all other disclosures contained in the Improvements Agreement for Flanders Mill Subdivision, Phase 2, (Street, Striping and Miscellaneous Improvements),recorded October 11, 2016, Document No. 2560174, records of Gallatin County, Montana. 23. Terms, conditions, restrictions and all other disclosures contained in the Flanders Mill Declaration of Covenants, Conditions, and Restrictions and Reservation of Easements for Flanders Mill and Design Regulation and Guidelines,recorded March 7, 2016, Document No. 2539298, records of Gallatin County, Montana, Amendment to the Declaration of Covenants, Conditions and Restrictions and Reservation of Easements for Flanders Mill, recorded January 22, 2018, Document No. 2604096, records of Gallatin County, Montana. Amendment to the Restated Flanders Mill Design Regulations and Guidelines, recorded January 22, 2018, Document No. 2604097, records of Gallatin County, Montana. Amendment to the Restated Flanders Mill Design Regulations and Guidelines, recorded, April 4, 2018,Document No. 2610058, records of Gallatin County, Montana. BUT DELETING FROM THE HEREINABOVE Covenants and Amendments 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). 24. Terms, conditions, restrictions and all other disclosures contained in the Improvements Agreement for Flanders Mill Subdivision, Phase 4, (Sidewalk Improvements), recorded October 6, 2017, Document No. 2595001, records of Gallatin County, Montana. 25. Terms, conditions, restrictions and all other disclosures contained in the Improvements Agreement for Flanders Mill Subdivision, Phase 4, (Lighting Improvements), recorded October 6, 2017,Document No. 2595002, records of Gallatin County, Montana. 26. Terms, conditions, restrictions and all other disclosures contained in the Improvements Agreement for Flanders Mill Subdivision, Phase 4, (Park Landscaping and Open Space Improvements), recorded October 6, 2017, Document No. 2595003, records of Gallatin County, Montana. 27. Terms, conditions,restrictions and all other disclosures contained in the Payment and Repayment Agreement for Westside Construction Project, recorded April 21, 2017, Document No. 2577827, records of Gallatin County, Montana. P1-111 28. Terms, conditions, restrictions and all other disclosures contained in the Improvements Agreement for Flanders Mill Subdivision, Phase 5, (Lot Front Sidewalks), recorded March 5, 2018,Document No. 2607334, records of Gallatin County,Montana. 29. Terms, conditions,restrictions and all other disclosures contained in the Improvements Agreement for Flanders Mill Subdivision, Phase 5, (Landscaping and Lighting),recorded March 5,2018,Document No. 2607335, records of Gallatin County, Montana. 30. Terms, conditions,restrictions and all other disclosures contained in the Improvements Agreement for Flanders Mill Subdivision, Phase 6, (Lot Front Sidewalks),recorded November 29, 2019, Document No. 263728, records of Gallatin County, Montana. 31. Terms, conditions, restrictions and all other disclosures contained in the Improvements Agreement for Flanders Mill Subdivision, Phase 6, (Landscaping, Trails and Signage), recorded November 29, 2018,Document No. 2632729,records of Gallatin County, Montana. First American Title Insurance Company AUTHORIZED SIGNATORY: T W as A. ahill PI-I I I