HomeMy WebLinkAbout21- Certificate of City Attorney - Final Plat of Cottonwood Subdivision Phase 1 & 2 J-685
Timothy A. Cooper
P.O. Box 1230
Bozeman,MT 59771-1230
2726306
Page: 1 of 6 03/29/2021 11:36:18 AM Fee: $5.00
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CERTIFICATE 01F UTY 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 Cottonwood Subdivision, Phase 1 & 2, more particularly described in the attached
Platting Certificate, incorporated herein by reference, is owned by:
Cottonwood Project,LLC, a Delaware limited liability company
This certificate is based upon the attached Platting Certificate issued by American Land
Title Company of Gallatin County, Montana as of the 1 st day of February, 2021, at 12:00 o'clock
A.M., and is so certified subject to the restrictions contained therein.
CITY ATTORNEY
By; Z I cs
Timothy A. Cooper, As distant City Attorney
M SUBSCRIBED AND SWORN TO before me this 12ih day of March, 2021.
"" HEATHER BIENVENUE
Notary Public
_:�oTAR1g4tim for the State of Montana
Residing at:
*` Bozeman, Montana o ary Public for the State of Montana
*' SEAL. Q=
(Vly Gornmission Expires:
OFMo January 26,2022
(*) CHICAGO TITLE
,. INSURANCE COMPANY
Policy No.: 7170-1-iS-02608-2020.72156-219714862
CHICAGO TITLE INSURANCE COMPANY
GUARANTEE
CHICAGO TITLE INSURANCE COMPANY, a Florida Corporation, herein called the Company, guarantees the Assured against
actual loss 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.
1. 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.
2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of
reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount
set forth in Schedule A.
PLEASE NOTE CAREFULLY THE LIABILITY EXCLUSIONS AND LIMITATIONS AND THE SPECIFIC ASSURANCES AFFORDED BY
THIS GUARANTEE. IF YOU WISH ADDITIONAL LIABILITY, OR ASSURANCES OTHER THAN AS CONTAINED HEREIN, PLEASE
CONTACT THE COMPANY FOR FURTHER INFORMATION AS TO THE AVAILABILITY AND COST.
CHICAGO TITLE INSURANCE COMPANY
Countersigned:
Aut rized Oicer r Agent f+su� By.
Off
Wendy K. Schlosser
American Land Title Company of Montana Q° 'F`:3
1800 W Koch St °• `'
Bozeman, MT 59715 S .. President
Tel:406-587-5563
Fax:406-587-8038 **.
Attest:
Secretary
Note: This endorsement shall not be valid or binding
until countersigned by an authorized signatory.
72156 Miscellaneous Guarantee Face Page 00_156
Page 1 of 1
SCHEDULE A
Policy Number: 72156-219714862
Order No.: 1S-02608
Liability: $200.00 Fee: $160.00
Dated: February 1, 2021 at 12:00 AM.
Assured: The County of Gallatin and in the City of Bozeman in Montana.
The assurances referred to on the face page hereof are:
That, according to the public records which, under the recording laws, impart constructive notice of matters relative to the
following described real property:
Tract 3A-1 of Minor Subdivision No. 454C, on record with the Gallatin County Clerk and Recorder, located in the Northwest
One-Quarter of Section 15, Township 2 South, Range 5 East, Principal Meridian Montana (P.M.M.), City of Bozeman,
Gallatin County, Montana,
Excepting therefrom that portion of said Tract 3A-1 more particularly described as follows:
Beginning at the northeast corner of Open Space Lot 1, Block 1 of this survey, an Alpine aluminum cap on the north
boundary of said Tract 3A-1;
thence N 89054'58" E a distance of 333.91'to an Alpine aluminum cap;
thence S 00°04'45" E a distance of 23.49'to an Alpine aluminum cap;
thence 137.58' along a curve concave to the northwest, with a radius of 215.00', a chord bearing of S 18015'13"W and a
chord length of 135.25'to an Alpine aluminum cap;
thence 124.80' along a curve concave to the southeast,with a radius of 195.00'a chord bearing of S 18°15'05"W and a
chord length of 122.69'to an Alpine aluminum cap;
thence S 00005'02" E a distance of 195.73'to an Alpine aluminum cap;
thence S 89°54'58"W a distance of 222.02'to an Alpine aluminum cap;
thence N W05'02"W a distance of 78.53'to an Alpine aluminum cap;
thence S 89°54'58"W a distance of 145.00'to an Alpine aluminum cap;
thence N 00°05'02"W a distance of 318.53'to an Alpine aluminum cap;
thence S 89°59'58" E a distance of 114.16'to an Alpine aluminum cap;
thence N 00°00'00" E a distance of 67.15'to the point of beginning;
Also excepting therefrom that portion of said Tract 3A-1 more particularly described as follows:
Beginning at an Alpine aluminum cap;
thence S 00005'07" E a distance of 531.87'to an Alpine aluminum cap;
thence S 89°65'58"W a distance of 400.49'to an Alpine aluminum cap;
thence N 00°05'02"W a distance of 195.73'to an Alpine aluminum cap;
thence 86.40'along a curve concave to the southeast,with a radius of 135.00', a chord bearing of N 18015'05" E and a
chord length of 84.94'to an Alpine aluminum cap;
thence 176.36' along a curve concave to the northwest, with a radius of 275.00', a chord bearing of N 18°12'52" E and a
chord length of 173.36'to an Alpine aluminum cap;
thence N 00°04"45"W a distance of 92.30'to an Alpine aluminum cap;
thence S 89°50'18" E a distance of 319.32'to the point of beginning;
The above described tract of land is to be known and designated as Cottonwood Subdivision Phase 1, City of Bozeman,
Gallatin County, Montana.
The above described tract of land is to be known and designated as Cottonwood Subdivision Phase 1, City of Bozeman,
Gallatin County, Montana
Title to said real property is vested in: The Cottonwood Project, LLC, a Delaware limited liability company
Platting Certificate 1S-02608
SCHEDULE A
Policy Number: 72156-219714862
Subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their
property.
Exceptions:
1. Unpatented mining claims; reservations or exceptions in the United States Patents or in Acts authorizing the
issuance thereof;water rights, claims or title to water.
2. 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 or title to water or other matters relating thereto, whether expressed or implied and
whether or not shown by the public records.
3. Unpatented mining claims; reservations or exceptions in the United States Patents or in Acts authorizing the
issuance thereof; water rights, claims or title to water.
4. Taxes for the year 2021 and subsequent years. Taxes for the year 2020 are paid. Taxes for the year 2021 are a
lien not yet due or payable. (Taxes for the year 2020-first half-$87.88, second half-$87.87. Parcel No.
RGG65187)
5. Restriction Covenants for Cresent Cross Minor Subdivision recorded on October 14, 2012, as Document No.
2430053 and First Amendment to Restrictive Covenants recorded September 10, 2013, as Document No.
2462184, records of Gallatin County, Montana, 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. Right of Way Easement to The Montana Power Company recorded December 23, 1977 in Film 41, page 851,
records of Gallatin County, Montana, including the terms and provisions therein.
7. Right of Way Easement to The Montana Power Company recorded March 8, 1982 in Film 68, page 328, records
of Gallatin County, Montana, including the terms and provisions therein.
8. Pipeline Right of Way Easement to the Montana Power Company recorded June 2, 1989 in Film 106, page 612,
records of Gallatin County, Montana, including the terms and provisions therein.
9. Pipeline Easement to North Western Corporation recorded March 19, 2004, as Document No. 2143890, records
of Gallatin County, Montana, including the terms and provisions therein.
10. Crescent Cross Annexation Agreement recorded October 7, 2017, as Document No. 2595128, records of Gallatin
County, Montana, including the terms and provisions therein.
11. All easements, notations, certificates, conditions and disclosures as contained on the recorded plat for Minor
Subdivision No. 454, 454A and 454C, records of Gallatin County, Montana, including the terms and provisions
therein.
12. Assignment and Assumption of Annexation Agreement by and between Cresent Cross Limited Liability Parnters,
Assignor, and The Cottonwood Project, LLC, a Delaware limited liability company, Assignee, dated May 25, 2018
and recorded May 25, 2018, as Document No. 2614646, records of Gallatin County, Montana, including the terms
and provisions therein.
Platting Certificate 1S-02608
SCHEDULE A
Policy Number: 72156-219714862
13. Resolution No. 479 A Resolution of the City Commission of the City of Bozeman, Montana, providing for the
Annexation of Certain Contiguous Tracts of Land, hereinafter described, to the Corporate limits of the city of
Bozeman and the extension of the Boundaries of the City of Bozeman as to include said contiguous tracts,
recorded October 4, 2018, as Document No. 2628269, records of Gallatin County, Montana.
14. Waiver of Right to Protest Creation of Park Maintenance District Cottonwood Subdivision recorded December 21,
2020, as Document No. 27113549, records of Gallatin County, Montana, including the terms and provisions
therein.
15. Waiver of Right to Protest Creation of Special Improvement Districts for Cottonwood Subdivision, recorded
December 21, 2020, as Document No. 2713550, records of Gallatin County, Montana, including the terms and
provisions therein.
16. Grant of Easement between Cottonwood Project, LLC and Spectrum Pacific West, LLC, recorded January 26,
2021, as Document No. 2718366, records of Gallatin County, Montana, including the terms and provisions therein.
17. Deed of Trust from The Cottonwood Project, LLC, a Delaware Limited Liability Company to American Land Title
Company, as Trustee, and American Bank, as Beneficiary, in the amount of$8,150,000.00, dated October 30,
2020 and recorded November 6, 2020, as Document No. 2707634, records of Gallatin County, Montana.
18. No search has been made for unpatented mining claims; reservations or exceptions in the United States Patents
or in acts authorizing the issuance thereof; water rights; claims or title to water. Any liability thereon is excluded
from coverage of this certificate.
END OF SCHEDULE A
Platting Certificate 1S-02608
Guarantee Conditions and Stipulations (12/15195)
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
1. Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Company
assumes no liability for loss or damage by reason of the following:
a. Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by
the public records.
b. (1)Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2)
Proceedings by a public agency which may result in taxes or assessments, or notices of such
proceedings, whether or not the matters excluded under(1) or(2) are shown by the records of the taxing
authority or by the public records.
c. (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance
thereof; (3)water rights, claims or title to water, whether or not the matters excluded under(1), (2) or(3)
are shown by the public records.
2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company
assumes no liability for loss or damage by reason of the following:
a. Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond
the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this
Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the
right to maintain therein vaults, tunnels, ramps or any structure or improvements; or any rights or
easements therein, unless such property, rights or easements are expressly and specifically set forth in
said description.
b. Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public
records; (1)which are created, suffered, assumed or agreed to by one or more of the Assureds; (2)which
result in no loss to the Assured; or(3)which do not result in the invalidity or potential invalidity of any
judicial or non-judicial proceeding which is within the scope and purpose of the assurances provided.
c. The identity of any party shown or referred to in Schedule A.
d. The validity, legal effect or priority of any matter shown or referred to in this Guarantee.
(Continued)
Platting Certificate 1S-02608