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HomeMy WebLinkAbout070 Shady Glen Subdivision Title Report 2022SUBJECT 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 Florida corporation,herein called the Company, GUARANTEES the Assured named in Schedule A,against actual monetary loss or damage not exceeding the liability amount of 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 by: _____________________________________________________ Authorized Signatory ORT Form 3796 (CLTA Guarantee (Rev.12/94) Guarantee SG SG-08016475 File Number: G-22-1774 Policy Issuer: SECURITY TITLE COMPANY OF MONTANA 600 SOUTH 19TH AVENUE BOZEMAN, MT 59718 PHONE: (406) 522-5500 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 consti- tute 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 assess- ments 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 pur- pose 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 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 here- under,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 obliga- tions 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 dam- age.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 represen- tative of the 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 neces- sary 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 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 dam- age 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. 13.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 unaf- fected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or prop- erty 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 per- mit 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 arbi- trated 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 jurisdic- tion 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 3797m 8/16 Subdivision Guarantee Schedule A SUBDIVISION GUARANTEE Order No.: G-22-1774 Liability: $200.00 Fee: $200.00 Guarantee No.: SG-08016475 1.Name of Assured: Bridger Center, LLC and City of Bozeman 2. Date of Guarantee: September 2, 2022 The assurances referred to on the face page hereof are: That, according to the Company’s property records relative to the following described land (but without examination of those Company records maintained and indexed by name): 1. Name of Proposed Subdivision Plat or Condominium Map: Shady Glen Subdivision 2. The public records purport that only the hereafter named parties appear to have an interest affecting the land necessitating their execution of the named proposed plat or map: Bridger Center, LLC, a Montana Limited Liability Company 3. According to the public records, the following documents purport to affect the described land: See Attached Exhibit A No guarantee is made regarding any liens, claims of liens, defects or encumbrances other than those specifically provided for above, and, if information was requested by reference to a street address, no guarantee is made that said land is the same as said address. Countersigned: By Authorized Officer or Agent OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Corporation 400 Second Avenue South, Minneapolis, Minnesota 55401 (612) 371-1111 ORT Form 3797m 8/16 Subdivision Guarantee Schedule B SUBDIVISION GUARANTEE 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 record. 2. General and special taxes and assessments for the year 2022 which are a lien but not yet computed or payable. 3. General and special taxes and assessments for the year 2021. First installment shows paid in the amount of $4,060.84; second installment shows paid in the amount of $4,060.82. Parcel No. RFH21218. 4. Special Assessments and Special Improvement Districts for the year 2021/2022 levied by the City of Bozeman under Account ID No: 256490. The first installment shows paid in the amount of $498.10. Second installment shows paid in the amount of $498.10. 5. 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. 6. 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. 7. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims which may exist by reason thereof, disclosed by the recorded Final Plat of Bridger Creek Subdivision Phase I, recorded February 28, 1995, Document No. 307842 (Plat Reference: J-200), the Amended Subdivision Plat of Lot 62, Lot 58 and the Common Open Space/Linear Trail Corridor Bridger Creek Subdivision, Phase I, recorded September 11, 1998, Document No. 373260 (Plat Reference: J-200-C) and Amended Plat of Lots 56, 57 and 58A of Bridger Creek Subdivision, Phase I, recorded July 20, 2007, Document No. 2273227 (Plat Reference: J-200-J), Amended Plat of Lot 57A, recorded March 20, 2020, Document No. 2676355 (Plat Reference: J-200-K), 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). 8. Easement to The Montana Power Company, recorded July 14, 1955 in Book 118 of Deeds, Page 370, 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. 9. Right of Easement granted to Paul Boylan, recorded May 5, 1982 in Film 69, Page 1338 and re-recorded June 2, 1982 in Film 69, Page 2463, records of Gallatin County, Montana. 10. Terms and conditions of Bridger Creek Development Annexation Agreement, recorded August 25, 1993 in Film 135, Page 775, records of Gallatin County, Montana. 11. Drainage Easement to The City of Bozeman, recorded March 19, 2004, Document No. 2143953, records of Gallatin County, Montana. 12. Detention Pond Easement to The City of Bozeman, recorded March 19, 2004, Document No. 2143954, records of Gallatin County, Montana. 13. Terms, conditions, restrictions and all other disclosures contained in the Utility Easement to the City of Bozeman, recorded July 7, 2017, Document No. 2584906, records of Gallatin County, Montana. 14. Terms, conditions, restrictions and all other disclosures contained in the 2018 Bridger Meadows Annexation Agreement, recorded August 27, 2018, Document No. 2624499, records of Gallatin County, Montana. 15. Terms, conditions, restrictions and all other disclosures contained in the DEQ Letter to Mr. Roen, recorded March 20, 2020, Document No. 2676356, records of Gallatin County, Montana. ORT Form 3797m 8/16 Subdivision Guarantee 16. Terms, conditions, restrictions and all other disclosures contained in the Utility Easement, recorded July 30, 2021, Document No. 2743496, records of Gallatin County, Montana. 17. Terms, conditions, restrictions and all other disclosures contained in the Public Street and Utility Easement, recorded July 30, 2021, Document No. 2743535, records of Gallatin County, Montana. 18. Terms, conditions, restrictions, obligations and all other disclosures contained in Covenants and Restrictions for Bridger Creek Subdivision, recorded February 28, 1995 in Film 151, Page 2890, records of Gallatin County, Montana. 19. Terms, conditions, restrictions, obligations and all other disclosures contained in By-Laws for Bridger Creek Subdivision, recorded February 28, 1995 in Film 151, Page 2911, records of Gallatin County, Montana Addendum to Bridger Creek Subdivision By-Laws dated April 10, 1997, Document No. 2303681, records of Gallatin County, Montana. BUT DELETING FROM THE HEREINABOVE Bylaws 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). 20. Terms, conditions, restrictions, obligations and all other disclosures contained in Covenants and Restrictions, Bylaws and Design Regulations for Bridger Creek Subdivision, Amended December 10, 1996 and recorded April 11, 1997 in Film 172, Page 1214, records of Gallatin County, Montana. Addendum to Bridger Creek Subdivision Amended Covenants dated December 10, 1996, recorded April 19, 2000, Document No. 2010837, 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). 21. Waiver of Right to Protest Creation of Special Improvement Districts for Improvements to Bridger Creek Bridge, recorded August 21, 2000, Document No. 2018994, records of Gallatin County, Montana. 22. Waiver of Right to Protest Creation of Special Improvement Districts for Signalization at the Intersection of Story Mill Road and Bridger Drive, recorded August 21, 2000, Document No. 2018995, records of Gallatin County, Montana. 23. Waiver of Right to Protest Creation of Special Improvement Districts for Pavement, Curb, Gutter, Sidewalk and Drainage to McIllhattan Road, recorded August 21, 2000, Document No. 2018996, records of Gallatin County, Montana. 24. Waiver of Right to Protest Creation of Special Improvement Districts for Pavement, Curb, Gutter, Sidewalk and Drainage to Story Mill Road, recorded August 21, 2000, Document No. 2018997, records of Gallatin County, Montana. ORT Form 3797m 8/16 Subdivision Guarantee EXHIBIT A Tract 1-A of the Amended Plat of Bridger Creek Subdivision, Phase 1 (Plat J-200K), situated in the SE1/4 of Section 31, Township 1 South, Range 6 East, Principal Meridian, City of Bozeman, Gallatin County, Montana. The above described tract of land is to be known and designated as Shady Glen Subdivision, Planned Unit Development, City of Bozeman, Gallatin County, Montana.