HomeMy WebLinkAbout3-1 - Preliminary Platting Certificate * * Guarantee (Subdivision or Proposed Subdivision Guarantee)
SG-08011505
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. OLD
REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota
corporation, herein called the Company GUARANTEES 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.
IN WITNESS WHEREOF, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY has caused its corporate name
and seal to be hereunto affixed by its duly authorized officers, the Guarantee to become valid when countersigned on
Schedule A by an authorized officer or agent of the Company.
Issued through the Office of: OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Stock Company
Security Title Company of Montana 400SecondAvenue South,Minneapolis,Minnesota 55401
600 South 19'Avenue (612)371-1111
Bozeman,MT 59718
By President
Author' e a :,mob *� °:
Attest tN Secretary
ORT Form 3796
(CLTA Guarantee(Rev. 12/94)—Form 1025-7)
Page I of 5
GUARANTEE CONDITIONS AND STIPULATIONS
1. Definition of Terms.
The following terms when used in the Guarantee mean.-
(a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed
by the Company.
(b) "land": the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed thereto which by
law constitute real property. The term "land" does not include any property beyond the lines of the area described or
referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads,
avenues, alleys, lanes, ways or waterways.
(c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument.
(d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting
constructive notice of matters relating to real property to purchasers for value and without knowledge.
(e) "date": the effective date.
2. Exclusions from Coverage of this Guarantee.
The Company assumes no liability for loss or damage by reason of the following:
(a) 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.
(b) (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 by (1), (2) or(3) are shown by the public
records.
(c) Assurances to 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, alleys, lanes, ways or waterways in
which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement;
or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth
in said description.
(d) (1) Defects, liens, encumbrances, or adverse claims against the title, if assurances are provided as to such title,
and as limited by such assurances.
(2) Defects, liens, encumbrances, adverse claims or other matters (a)whether or not shown by the public records,
and which are created, suffered, assumed or agreed to by one or more of the Assureds; (b) which result in no
loss to the Assured; or(c) 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 assurances provided.
3. Notice of Claim to be Given by Assured Claimant.
An Assured shall notify the Company promptly in writing in case any knowledge shall come to an Assured hereunder of
any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause
loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the
Company, then all liability of the Company shall terminate with regard to the matter or matters for which such prompt
notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any
Assured under this Guarantee unless the Company shall be prejudiced by such failure and then only to the extent of the
prejudice.
4. No Duty to Defend or Prosecute.
The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party,
notwithstanding the nature of any allegation in such action or proceeding.
5. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate.
Even though the Company has no duty to defend or prosecute as set forth in Paragraph 4 above:
(a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding,
interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to
ORT Form 3796
(CLTA Guarantee(Rev. 12/94)—Form 1025-7)
Page 2 of 5
establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent
or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this
Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision
of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently.
(b) If the Company elects to exercise its options as stated in Paragraph 5(a) the Company shall have the rights to select
counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured
and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or
expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this
Guarantee.
(c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this
Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and
expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order.
(d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or
proceeding, the Assured hereunder shall secure to the Company the right to prosecute or provide defense of any
action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such
Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give
the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or
defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish
the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is
prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the
Assured under the Guarantee shall terminate.
6. Proof of Loss or Damage.
In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided to
the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within 90
days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall
describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent
possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the
Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the Guarantee
shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any
authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable
times and places as may be designated by any authorized representative of the company, all records, books, ledgers,
checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably
pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall
grant its permission, in writing, for any authorized representative ofthe Company to examine, inspect and copy all records,
books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably
pertain to the loss or damage. All information designated as confidential by the Assured 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 Assured to submit for examination under oath, produce other
reasonably requested information or grant permission to secure reasonably necessary information from third parties as
required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the
Company under this Guarantee to the Assured for that claim.
7. Options to Pay or Otherwise Settle Claims: Termination of Liability.
In case of a claim under this Guarantee, the Company shall have the following additional options:
(a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness.
The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which
could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee
or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the
option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together
with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by
the Company up to the time of purchase.
Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the
Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company
ORT Form 3796
(CLTA Guarantee(Rev. 12/94)—Form 1025-7)
Page 3 of 5
offers to purchase the indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness,
together with any collateral security, to the Company upon payment of the purchase price.
Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the
Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that
paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which
the Company has exercised its options under Paragraph 5, and the Guarantee shall be surrendered to the Company
for cancellation.
(b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant.
To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against
under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which
were authorized by the Company up to the time of payment and which the Company is obligated to pay.
Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligations to the
Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that
paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which
the Company has exercised its options under Paragraph 5.
8. Determination and Extent of Liability.
This Guarantee is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Assured
claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only
to the extent herein described, and subject to the exclusions stated in Paragraph 2.
The liability of the Company under this Guarantee to the Assured shall not exceed the least of:
(a) the amount of liability stated in Schedule A;
(b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or
provided under Section 7 of these Conditions and Stipulations or as reduced under Section 10 of these Conditions
and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest
thereon; or
(c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate
or interest subject to the defect, lien or encumbrance assured against by this Guarantee.
9. Limitation of Liability.
(a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the any other
matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the
completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall
not be liable for any loss or damage caused thereby.
(b) In the event of any 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 therefrom, adverse to the title, as stated herein.
(c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in
settling any claim or suit without the prior written consent of the Company.
10. Reduction of Liability or Termination of Liability.
All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to
Paragraph 5 shall reduce the amount of liability pro tanto.
11. Payment of Loss.
(a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee
has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the
Company.
(b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and
Stipulations, the loss or damage shall be payable within 30 days thereafter.
12. Subrogation Upon Payment or Settlement.
Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the
Company unaffected by any act of the Assured claimant.
ORT Form 3796
(CLTA Guarantee(Rev. 12/94)—Form 1025-7)
Page 4 of 5
The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against
any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the
insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order
to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the
Assured and to use the name of the Asured in any transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all
rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection.
13. Arbitration.
Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title
Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to,
any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service
of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable
matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the
Assured. All arbitrable matters when the Amount of Liability is in excess of$1,000,000 shall be arbitrated only when
agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the
parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to
award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any
court having jurisdiction thereof.
The law of the situs of the, land shall apply to an arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
14. Liability Limited to this Guarantee; Guarantee Entire Contract.
(a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and
contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall
be construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be
restricted to this Guarantee.
(c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached
hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or
authorized signatory of the Company.
15. Notices, Where Sent.
All notices required to be given the Company and any statement in writing required to be furnished the Company shall
include the number of this Guarantee and shall be addressed to: Old Republic National Title Insurance Company, 400
Second Avenue South, Minneapolis, Minnesota 55401, (612) 371-1111.
ORT Form 3796
(CLTA Guarantee(Rev. 12/94)—Fonn 1025-7)
Page 5 of 5
Form 1282
CLTA Guarantee
Face Page
GUARANTEE
ORDER NO. G-19-2295
FEE: $150.00
Old Republic National Title Insurance Company
a corporation, herein called the Company
GUARANTEES
Mitchell Development Group, LLC
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: September 19,2019 at 7:30 a.m.
Old Republic National Title Insurance Company
AUTHORIZED
SIGNATO
Serving Gallatin, Madison and Park Counties
P.O. Box 6550, Bozeman, MT 59771-6550 1 Phone: 406.522.5500 www.sectitle.com
GUARANTEE
FEE: $150.00
SUBDIVISION OR
PROPOSED SUBDIVISION: GUARANTEE NO.: SG-08011505
Preliminary Plat of The Bozeman Gateway Subdivision P.U.D. Phase 4, in the City of Bozeman, Gallatin
County, Montana.
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, OLD
REPUBLIC NATIONAL 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 attached legal description.
(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: Mitchell
Development Group, LLC,formerly known as Mitchell Development and Investments, LLC, a Montana
Limited Liability Company
(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.
General and special taxes and assessments for the year 2018;first installment shows paid in the amount
of$56.83; second installment shows paid in the amount of$56.82. Parcel No. RGG25968, (Affects the
remainder portion of Tract 2A)
2. Special Assessments levied by the City of Bozeman for the year 2019-2020 show paid in full in the amount
of$550.02. City Account ID#146470. (Affects the remainder portion of Tract 2A)
(C) Easements, claims of easements and restriction agreements of record are:
1. Terms, conditions, restrictions and all other disclosures contained in Montana State University Foundation
Annexation,Annexation Agreement, recorded August 15, 2002, Document No. 2077892, records of
Gallatin County, Montana.
2. Public Street and Utility Easement, Garfield Street, recorded October 9, 2003, Document No. 2127249,
records of Gallatin County, Montana,
Serving Gallatin, Madison and Park Counties
P.O. Box 6550, Bozeman, MT 59771-6550 1 Phone: 406.522.5500 1 www.sectitle.com
i
3, Public Street and Utility Easement, Garfield Street, recorded October 9, 2003, Document No. 2127250,
records of Gallatin County, Montana.
4. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims which may
exist by reason thereof, disclosed by the recorded plat of Minor Subdivision No, 195 and Amended Minor
Subdivision No. 195A, 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).
5. Terms, conditions, restrictions and all other disclosures contained in the Declaration of Restrictions and
Grant of Easements, Bozeman Gateway, recorded November 9, 2006, Document No. 2247808, records of
Gallatin County, Montana.
First Amendment to Declaration of Restrictions and Grant of Easements, recorded December 9, 2010,
Document No. 2377360, records of Gallatin County, Montana.
Consent to First Amendment to Declaration of Restrictions and Grant of Easements, recorded December
9, 2010, Document No. 2377361, records of Gallatin County, Montana.
Memorandum of Supplemental Agreement, executed by and between Mitchell Development Group, LLC, a
Montana limited liability company and Kohl's Department Stores, Inc,, a Delaware corporation, recorded
December 9, 2010, Document No. 2377363, 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).
6. Terms, conditions, restrictions and all other disclosures contained in Concurrent Installment of
Infrastructure Hold Harmless Agreement, executed by and between Mitchell Development Group, LLC, fka
Mitchell Development& Investments, LLC a Montana limited liability company and the City of Bozeman, a
Municipal Corporation and political subdivision of the State of Montana, recorded November 15, 2006,
Document No. 2248307, records of Gallatin County, Montana.
7. Terms and conditions of Underground Irrigation and Ditch Easement and Agreement, executed by and
between Mitchell Development Group, LLC, a Montana limited liability company and Farmers Canal
Company, a Montana corporation, recorded January 2, 2007, Document No. 2252577, records of Gallatin
County, Montana.
8. Terms, conditions, restrictions and all other disclosures contained in Supplemental Agreement, dated
December 9, 2010, executed by and between Mitchell Development Group, LLC, a Montana limited liability
company and Kohl's Department Stores, Inc., a Delaware corporation, as disclosed by Memorandum of
Supplemental Agreement, recorded December 9, 2010, Document No. 2377363, records of Gallatin
County, Montana.
9. Terms, conditions, restrictions and all other disclosures contained in Conditions of Approval for a
Conditional Use Permit for Property Located at The Bozeman Gateway Planned Unit Development
Subdivision, Bozeman, Montana, recorded March 7, 2012, Document No. 2410064, records of Gallatin
County, Montana.
Serving Gallatin, Madison and Park Counties
P.O. Box 6550, Bozeman, MT 59771-6550 1 Phone: 406.522.5500 1 www.sectitle.com
Old Republic National Title Insurance Company
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AUTHORIZED
SIGNATORY:
ory erkra
Serving Gallatin, Madison and Park Counties
P.O. Box 6550, Bozeman, MT 59771-6550 1 Phone: 406.522.5500 www.sectitle.com
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Legal Description
A portion of Tract 2A of the Amended Plat of West College Minor Subdivision No. 195A, situated in the NW1/4 of
Section 14, T2S, RSE, P.M.M., City of Bozeman, Gallatin County, Montana, and being further described as follows:
Beginning at the intersection of the west right-of-way line of South 291h Avenue and north right-of-way line of West
Garfield Street; thence along said north right-of-way line N89°34'27"E a distance of 334.00 feet to the point of
beginning on the east line of said tract 2A; thence along east line of said tract 2A N0025'33"W a distance of 34.00
feet; thence along the south line of said tract 2A N89034'27"E a distance of 264.58 feet; thence N89°31'43"E a
distance of 547.47 feet to the west line of tract 2A; thence NO°28'16"W a distance of 132.50 feet; thence along an arc
to the left a distance of 72.87 feet, arc having a radius of 230.01 feet, a central angle of 18°09'02"; thence
N18°37'20"W a distance of 50 feet; thence along an arc to the right a distance of 225.38 feet, arc having a radius of
370.00 feet, a central angle of 34054'05"; thence N16°16'46"E a distance of 151.55 feet; thence along an arc to the
left a distance of 28.94 feet, arc having a radius of 230.00 feet, a central angle of 70 12'37"; thence N9004'08"E a
distance of 215.96 feet; thence along an arc to the right a distance of 37.05 feet, arc having a radius of 120.00 feet, a
central angle of 17041'20"; thence N26°45'28"E a distance of 50.00 feet; thence along an arc to the left a distance of
21 A feet, arc having a radius of 430.00 feet, a central angle of 2°51'21"to the north line of said tract 2A;thence
N73°51'14"W a distance of 60.04 feet; thence N74015'46"W a distance of 607,38 feet to the east line of said tract 2A;
thence N0010'17"W a distance of 7.77 feet back to the north line of said tract; thence N89049'43"E a distance of
29.08 feet back to the east line of said tract 2A; thence N11 048'20"W a distance of 220.83 feet; thence N10°57'34"E
a distance of 61.00 feet; thence S5046'58"W a distance of 70.82 feet; thence along an arc to the left a distance of
35.04 feet, arc having a radius of 331.50 feet, a central angle of 6°03'23"; thence SO°16'24"E a distance of 25.17
feet; thence S89049'43"W a distance of 7.25 feet; thence SO°28'17"E a distance of 63.26 feet; thence S0010'17E a
distance of 260.01 feet; thence N89034'27"E a distance of 14.67 feet to the point of beginning.
Serving Gallatin, Madison and Park Counties
P.O. Box 6550, Bozeman, MT 59771-6550 1 Phone: 406.522.5500 1 www.sectitle.com