The URL can be used to link to this page

Home My WebLink About025 - Appendix R.2 - Quite Title Judement 2836851 � 1 L L L 10I0412024 Page 1 of 10 10/09/2024 12:26:04 PM Fee: $80.0(�andyErhard! Eric Semerad - Gallatin County, MT DECR�Ea� CLERK tin Counry District Cour STATE OF MONTANA By:Amariah Milchell DV-16-2024-0000124-QT M1cElyea,Rienne H. 67.00 MONTANA EIGHTEENTH JUDICIAL DISTRICT COURT, GALLATIN COUNTY COP CONSTRUCTION LLC, Cause No. DV-16-2024-00124 Plaintiff, �udge Rienne H. McElyea -vs- MEADOW CREEK PARTNERS, L.L.C., also doing business as MEADOW CREEK PARTNERS, LLC; ROCKY MOUNTAIN BANK; LARRY A. ALEGRIA; ALPENGL�W DEFAULT JUDGMENTS AND HOMES, L.L.C.; B. NEAL AINSWORTH, also JUDGMENT, ORDER AND DECREE known as B. NEAL AINSWORTH, JR.; QUIETING TITLE PINTAIL, L.L.C., also doing business as PINTAIL LLC; SHADY LANE R.ANCH LIMITED PARTNERSHIP, also doing business as SHADY LANE RANCH L.P. or SHADY LANE RANCH LP; MADISON ENGINEERING, LLC, also doing business as MADIS�N ENGINEERING and now known as MADISON ENGINEERING 4F MONTANA, LLC; S1ME CONSTRUCTION INC.; MC CAPITAL, LLC; COLLECTION BUREAU SERVICES, INC.; STEWART TITLE OF BOZEMAN, LLC; RH BAXTER 96, LLC, also doing business as RN BAXTER 96 LLC; GREENWING TEAL, L.L.C., also doing business as GREENWING TEAL LLC; GALLATIN COUNTY WEED DISTRICT CONTROL BOARD; and all other persons, unknown, claiming or who might claim any right, title, estate, interest in or lien or encumbrance upon the real property described in the comNlaint adverse to plaintiff's ownersl�ip or any cloud upon plaintiff's title, whether the claim or possible claim is present or contingent, Defendants. 2836851 Page 2 of 1 0 1 0/09/2024 1 2:26:04 PM Pursuant to Rule 55(b)(2), M.R.Civ.P., Plaintiff COP CONSTRUCTION LLC ("Plaintiff") moved the Court for Default Judgment against each of the following Defendants: 1. MC CAPITAL, LLC; 2. COLLECTION BUREAU SERVICES, INC.; 3. RH BAXTER 96, LLC, also doing business as RH BAXTER 96 LLC; 4. LARRY A. ALEGRIA; 5. ALPENGLOW HOMES, L.L.C.; 6. STEWART TITLE OF BOZEMAN, LLC; 7. MEADOW CREEK PARTNERS, L.L.C., also doing business as MEADOW CREEK PARTNERS, LLC; 8. PINTAIL, L.L.C., also doing business as PINTAIL LLC; 9. GREENWING TEAL, L.L.C., also doing business as GREENWING TEaI LLC; 10. All other persons, unknown, claiming or who might claim any right, title, estate, interest in or lien or encumbrance upon the real property described in the complaint adverse to plaintiff's ownership or any cloud upon plaintiff's title, including any right or inchoate or accrued dower,whether the claim or possible claim is present or contingent; And further, Plaintiff moved the Court to issue a Judgment, Order and Decree Quieting Title, thereby quieting title in and to that certain real property situated in Gallatin County, Montana, as more particularly described in the Complaint To Quiet Title to Real Property. Based upon Plaintiff's Brief in Support Unopposed Motion far Default Judgment and Judgment, Order and Decree Quieting Title, the Affidavit Of Thomas E. Smith in Support of Unopposed Motion for Default Judgment and Judgment, Order And Decree Quieting Title; and 2836851 Page 3 of 1 0 1 0/09/2024 1 2:26:04 PM the pleadings, affidavits, and other filings and documents on file and record in the Court's file for this matter, the Court finds and concludes as follows: l. Plaintiff COP CONSTRUCTION LLC filed a Complaint to Quiet Title to Real Property against Defendants in the above-captioned action on February 2, 2024, seeking a decree to quiet title to real property located in the City of Bozernan, Gallatin County, Montana more particularly described as: Tax Code Parcel No. RGG9205 as fullows: Certificate of Survey No. 2286, located in Section 23, Township 2 South, Range 5 East, P.M.M., Gallatin County, State of Montana, EXCEPTING THEREFR4M: Meadow Creek Subdivision Phase I, situated in portions of the SW1/4NE1/4, SEI/4SW1/4 and W1/2SE1/4 of Section 23, Township 2 South, Range 5 East, P.M.M., 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 of Gallatin County, Montana. {Plat Reference J-453). TOGETHER WITH all buildings and other improvements located thereon, if any, and all and singular the rights, privileges and appurtenances thereto in any manner belonging to said Grantor. (Hereinafter referred to as "Property.") 2. Pursuant to Section 70-28-106, MCA, Plaintiff COP CONSTRUCTION LLC filed a Notice of the Pendency of Action for the above-captioned matter in the Office of the Clerk and Recorder of Gallatin County, Montana, on February 14, 2024, as Document No. 2820396, containing (1) the title of the court in whicli the action is filed, (2) the full caption of the cause; (3) a complete description of all the Property involved in the action; and (4) a statement of the relief sought. 2836851 Page 4 of 1 0 1 0/09/2024 1 2:26:04 PM 3. Pursu�7nt tc� ]Z�rlc 4(b)(� ), vi.R,Civ.P., this C'cnirt ]las jurisdactio�l over• the: }aarties cicscrib�d h�rli�1 bLc:��us� t�7�y �illc;�� "o��»crtil�i��, us�, c7r ��c�5si:ssi�n oi' tiny ��ro��:rty, or c�l' �tnY iitt�rc5t Il7ei��in, sitti��ted �vithin Ulo��t�7�1��" ��n�l bccai�se ti�e ��ea1 proE�ef•ty iE� c�tlestioi� is lc�cati;c� entir�Iy «�itl�in Gallatin C't�ui�ty, iVlonian�t. =�, Pursu��nt tc� Sectio►� 2�-?-l?3, MC�., �nd S�ctian 70-��-IO;, i1�ICA, ��.r1uL es prol�cr in tl�is county l��ca�ise it i5 aE� �ictii�c� f��- c�tiiLtins tit�e to re��l E�rc�]��rty locatecl cntirely �vichin Gall.�tin Counly, Nlot�t�na. �. I7ef�erld��i�t VIC CA�'�TAL, 1�LC w�s pro}�ei•[y served o�� N]ny �, 202�, has failed to aE74�c;ar, I�lead, �r c�therwise �ie�e�lcl witl�in twe�Ity-one (2l} d�ys afCer thc cc�m�letion �f scrvie� of�process {is }�rovidtd in tlli; Mont�na Itt�lcs c�f Civil 1'rac�ciut-e, �nd tlic Cl�.�•lc of Distr•ict Court issu�:d ��n �.ntry of D�fault �3�ain�t NIC CAPITAL, LLC an Jti�1e 5, 202�. C. De{��ci�Znt GOLLECTIC]N L3UREAU SEfZVICES, INC. was E�ro�crly seived on May �, �?()?�, has failcci ta tlp�ea��, ��le��d, c�r atl�er�vis� def�nd within t�venty-�ne (2l} days after tl�c compl�:ti�n o��service ai'�»-occss �7s �rc�vided �n tl�� Moi�tana Rulc;s c�f`Civil Proceclurc, and tl�e C;lerk ol` District C:��urt isst�ecl a�� .ntry of Uuf6tult st��inst C'OLL�CTTON I3URLAU SLRVIC��. 1i��C. ot� .ltrn� i, 202�. 7. Defes�d�r��t [2l-I BAXT��,Ii �)G, LLC, alsa cic�in� Uusii�ess �3s RI-� BAXTER 9� LLC, was �»�oj�erly served oi� IVl<iy �, 20?4, 1��is f`ailec� to 7�a��ear, l�leaci, or �thez-wise deCe�ld witil�n twenty-��t1L (21) days a(t�r tl�e cor�i��lcti��n c�f se�vice c�#� process as ��rc�vic�cc� in the Mc��t��la Rul�.s t�1`Civil P►,oce��ur�, ��c� tl�e C1��-1c �f IJistrict Cc7urt i5s�iecj an Entry c�f Defauit a�ai�lst RH E�.��CTI�,IZ 9C, LLC. also cic�in� E�usir�ess as IZE-1 Bt1XT�.�2 9fi L:LC on ,lt3ne 5, ?0?4_ 5. Defend�ial� L��ItIZY f�. �1LLCRIt1 ��as pi-c�pc�•!y served c�n iV1�yy 7, 20?=�, h{i5 t�ule.c� to ��ppc��r, E�fLacj, o�� c�th�r�vi�c �3i:fenc3 witk�in twenty-�n� (?]) d��ys aftcr tllc coi�i��lctioE� of strvic� 2836851 Page 5 of 1 0 1 0/09/2024 1 2:26:04 PM of process as provided in the Montana Rules of Civil Procedure, and the Clerk of District Court issued an Entry of Default against LARRY A. ALEGRIA on June l3, 2024. 9. Defendant ALPENGLOW HOMES, L.L.C. was properly served on May S, 2024, has failed to appear, plead, or otherwise defend within twenty-one (21) days after the completion of service of process as provided in the Montana Rules of Civil Procedure, and the Clerk of District Court issued an Entry of Default against ALPENGLOW HOMES, L.L.C. on June 13, 2024. 10. Defendant STEWART T1TLE OF BOZEMAN, LLC was properly served on May 30, 2024 and May 31, 2024, and has failed to appear, plead, or otherwise defend within twenty- one (21) days after the completion of service of process as provided in the Montana Rules of Civil Procedure, and the Clerk of District Court issued an Entry of Default against STEWART TITLE OF BOZEMAN, LLC on July 17, 2024. 11. Defendant MEADOW CREEK PARTNERS, L.L.C., also doing business as MEADOW CREEK PARTNERS, LLC, was properly served on June 30, 2024, and has failed to appear, plead, or otherwise defend within twenty-one (21) days after the completion of service of process as provided in the Montana Rules of Civil Procedure, and the Clerk of District Court issued an Entry of Default against MEADOW CREEK PARTNERS, L.L.C., also doing business as MEADOW CREEK PARTNERS, LLC, on July 24, 2024. 12. Defendant PINTAIL, L.L.C., also doing business as PINTAIL LLC, was properly served on June 30, 2024 and June 10, 2024, and has failed to appear, plead, or otherwise defend within twenty-one (21) days after the completion of service of process as provided in the Montana Rules of Civil Procedure, and the Clerk of District Court issued an Entry of Default against PINTAIL, L.L.C., also doing business as PINTAIL LLC, on July 24, 2024. 2836851 Page 6 of 1 0 1 0/09/2024 1 2:26:04 PM 13. I��Ccntl�tnt C;IZ�LNWIi�,�C TLf1L, L.L.C., als�� d��iii�� l��sii�c�s �ls GIZE�.��11[iVC� TEf1L �,L.C, was E�rc�p�r•ly s�rtled on .lunc 3�, 2[)24, �lnd has f��i[cd tt� a��pc��r, pl�K��i, ��- otl��;��wis�; defend �vithiE� twenty-o�� {2 l) d��ys aft�r th� �ompleti«n of serr�icc c71�y�i-c7cess �ls pro��icled in the i1�Iontana It�tle:s nf Civil Pi�c�ccc�ure, a�lc! t1�L Glei�k c�f [�isti�ict Cc�u�•t issu4d ��i Eilti•y of Iaefault 4i��lst �'�NTf�IL, L.L.C., stl5o c�oiz�� E�ttsin�s4 as P1NTf�[L LLC, o�l .iuly 24, 20?�. 14. �7ea�LncE4t►�t all n�l��r• pci•sc�i�s, unlc��o�v�7, claitt�in� or wi�c� mi,�k�t claim any ri�llt, t�tl�, est�te, ic�tc�-est i�� c��- li�:n o�� ncumbr�lnce uE�on the real E�i-a��ei-ty dcscril�et� in tl�e cc�si�pf�eii�t ac�vea�se to plaintil`f'S at�ncrship or �ny cltn�d upc»1 p�ai��tiff'� title, ii�clt�ciin� any ��i�,�fat oa- i�lcl�oate or acc�•i�et� clotvej', �uh�tf�cr thc� cl�ti�l� c�r pc�ssible cl�itn is present or cot�tin�e3lt: ("Defendant �Il oth�:r ��crsr�t�s, ttnknowil"}, wcr�; scrvcc] vy publicatic�n ��nc3, in �cco�-d �vitl� Rt�le �(a}(4), M.��.Civ.I'., the sc;rvice by a�uf�li�atic�n w��s m�de vy pttl7lisl�ii�� t��e su��tr�ons oncc a �veek for thrc� succ�ssiv� weeks (AL��usE 2"`�, )`�', arid 16`f`, 2Q2�) in tli� Boz�nla�l I��ily Ct»�onicle (�j �ze�vs�G7��Li- ��ublisl�ecl in tl�e cou��ty in �vllich the �ction is l�cnclin�) �s is evidene�c� E�y t1�e Affic�a�it c�f Pul�9ic�tian tiled �vitl� tlic �'otirt c�al Au�ust 2l, 20?�, ��nc� D�:fcndant all otl�er p�z�sons, t�nl<nowi� has �f��iled ta appeat�, ��Ie��l, ot� dtl�er��ise �lefea�cl witliin twenty-one (21) c3ays e�fter thc cam��letit�n o#'scrv�ce �f'pa-oc�ss ai� At��ust 16, 2024, as ��•�vidcd it� the Mantana IZtlles Of Ci'l/!� P3�OCL[�Ll[-L, 'dI7C� C�ll; C��C'.I'� Of UiSt1�1CC �'(7UI�t ISSlit;C� 1I7 l.11tly O�`�l'.felll�t i]��1T75t D�f�I]C1�3111 all otl�er�er�ons, unlcno�un on September 1 fl, 202A�. 15, Defcncltjnk �3. NE�1L f1[NSWC)R"1�1-{, �31sa lcnow�� as 13. Nf=;AL AINSWORTH, .IIt., �xecuted 4»i Acki��wlecj�a��e��t of S�rvi��, Disci�i�ner ofi I��Ceeest? a��d Consei�t �jr�c! Stipulation tc� �.��t��y c�l' Jtic3`,�i»��at on M�3y 31, 2f)2'�, and it �uns fil�d tuith the C[erk of Dist��ict Caurt on 1�ti�e �, 2�?�l. 2836851 Page 7 of 1 0 1 0/09/2024 1 2:26:04 PM 16. Defendant MADISON ENGINEERING, LLC, also doing business as MADISON ENGINEERING and now known as MADISON ENGINEERING OF MONTANA, LLC, executed a Disclaimer of lnterest and Consent and Stipulation to Entry of Judgment on May 29, 2024, and it was filed with the Clerk of District Court on June 5, 2024. 17. Defendant SIME CONSTRUCTION, 1NC. executed a Disclaimer of Interest and Consent and Stipulation to Entry of Judgment on May 29, 2024, and it was filed with the Clerk of District Court on June 11, 2024. 18. Defendant GALLATIN COUNTY WEED DISTRICT CONTROL BOARD executed an Acknowledgment of Service, Disclaimer af Interest and Consent and Stipulation to Entry of Judgment on June 18, 2024, and it was filed with the Clerk of District Court on June 18, 2024. 19. Defendant SHADY LANE RANCH LIMITED PARTNERSHIP, also doing business as SHADY LANE RANCH L.P. or SHADY LANE RANCH LP, executed an Acknowledgment of Service, Disclaimer of Interest and Consent and Stipulation to Entry of Judgment on June 17, 2024, and it was filed with the Clerk of District Court on June 24, 2024. 20. Defendant ROCKY MOUNTAIN BANK executed a Disclaimer of Interest and Consent and Stipulation to Entry of Judgment on June 19, 2024, and it was filed with the Clerk of District Court on June 24, 2024. 21. All of named Defendants, as well as the Defendant all other persons, unknown, were properly served by publications of Summons August 2"d, 9`h, and 16`h, 2024, pursuant to Rule 4(0}, M.R.Civ.P., and all have failed to appear or otherwise to defend as required by Montana law. 2836851 Page 8 of 1 0 1 0/09/2024 1 2:26:04 PM 22. None of the Defendants for whom default judgment is sought is a minor or incompetent person. 23. Defendant MEADOW CREEK PARTNERS, L.L.C. previously owned the Property, and Defendant MEADOW CREEK PARTNERS, L.L.C.'s property taxes became delinquent on June 1, 2020, and then as a result a tax lien attached to the Property on August 3, 2020, and the tax lien was subsequently assigned to Guardian Tax MT LLC on July 9, 2021. 24. On September 7, 2023, the Gallatin County Treasurer conveyed the Property to Guardian Tax MT LLC by Tax Deed, which was recorded in the office of the Gallatin County Clerk and Recorder on September 7, 2023, as Document No. 2810711. 25. The Tax Deed was executed in substantially the form provided in Section 15-18- 213(1), M.C.A., and is therefore prima facie evidence that: a. The Property was assessed as required by law; b. The taxes were levied in accordance with law; c. The taxes were not paid when due; d. Notice of the pending attachment of a tax lien was given and the tax lien was attached at the proper time and place as provided by law; e. The Property was not redeemed, and proper notice of a pending tax deed issuance was made as required by law; and f. The person who executed the deeds was legally authorized to do so. 26. Guardian Tax MT LLC acquired all right, title and interest in and to the Property by of the Tax Deed. 27. On November 17, 2023, Guardian Tax MT LLC conveyed all of its right, title and interest in and to the Property to C4P CONSTRUCTION LLC by Special Wat-�•anty Deed which 2836851 Page 9 of 1 0 1 0/09/2024 1 2:26:04 PM was recorded in the office of the Gallatin County Clerk and Recorder on November 17, 2023, as Document No. 2815429. 28. COP CONSTRUCTION LLC acquired all right, title and interest in and to the Property by virtue of the Special Warranty Deed and has produced evidence sufficient to prima facie entitle Plaintiff COP CONSTRUCTION LLC to the quiet title relief sought herein in accord with Section 70-28-108, MCA. Accordingly, based on the foregoing, IT IS HEREBY ADJUDGED, ORDERED AND DECREED that: l. Default Judgment is entered against the following Defendants: MC CAPITAL, LLC; COLLECTION BUREAU SERVICES, INC.; RH BAXTER 96, LLC, also doing business as RH BAXTER 96 LLC; LARRY A. ALEGRIA; ALPENGLOW HOMES, L.L.C.; STEWART T1TLE OF BOZEMAN, LLC; MEADOW CREEK PARTNERS, L.L.C., also doing business as MEADOW CREEK PARTNERS, LLC; PINTAIL, L.L.C., also doing business as PINTAIL LLC; GREENWING TEAL, L.L.C., also doing business as GREENWING TEAL LLC; and all other persons, unknown, claiming or wlio might claim any right, title, estate, interest in or lien or encumbrance upon the real property described in the complaint adverse to plaintif�s ownership or any cloud upon plaintiff s title, including any right or inchoate or accrued dower, whether the claim or possible claim is present or contingent; 2. Judgment is further entered against all named Defendants herein, including those Defendants which executed and filed Disclaimers of lnterest and Consents and Stipulations to Entiy of Judgment, including specifically: B. NEAL AINSWORTH, also known as B. NEAL AINSWORTH, JR.; MADISON ENGINEERING, LLC, also doing business as MADISON ENGINEERING and now known as MADISON ENGINEERING OF MONTANA, LLC; SIME 2836851 Page 10 of 10 10/09/2024 12:26:04 PM CO�S"[�I�UC"1'I(��. CNC.; G,4LLf1T]�� CC}UNTI' 1��LED I7ISTI�iC'T CON"1'120L f3Gt�fZI); SI-[�11)�' Lf�N��. 12f1NCE C LliviITl;;I) Pf1R7'NE;RSHIP, �lsc� dc�in� btisinc�s ��s S1-1f1I�Y �.ANl; RANCI-I L.I'. or SH�1DY LAN�: R�1NCI-f LP; �u1c3 ROCKY MO[1NT�IN F�ANK. 3. Pl��intif�#' C'OI' CCONS"1'RUC"I,ION LLC �w�1s in f'ee simple all ri�,.��at, title �i�ttj ir�tei-e5t in and kc� th� sta��ject f'rc�pL�-ty, 4�t�c� is enkitl4cj to quiet �nci E�L��ec4i�l E�c�ss�ssion tlli�renf; �. "rl�� IJ�fcnc]ants 1�er�i�1, �inc] ��ll ��s�ans c1<tianin� ut�d�r then�, l�av� �Zo estate3 ri�k�t, tit�e, lien, �ncuml��•��ce, interest, or ad�e�:se �l�iri� in aild to tE�e �'r��Grty, or �iny part of it; 5. `1`lie [��f�ndants h�rein, at7d a11 perso�ls �lni�nin� tl��ough or «t�de�- th�a��, ��ru pertn�ri�ntly e�ljoined toi��i� �ss�rtii�� iny advcrse claim to T'laintift's ri�lit, titl�, and intcrc�t ii� anc] to t�ie 1'r��pertY- Dt1TED �-1ND SIGNED CL.LGTRO�ICAT�LY B�LOW ,`�T;;i� �iF i i�1 `�r,�,�i,}_;�s � . r � r �. ;� L il!G''..,;I? �� i�,i�; �1f .'l�W ('.;.11f ;L�� asl�+ ',i J ;� j= , (�� ;F��1��f��r��G LJI� �ulf,t �� I�i f;� � ;>>i� � � r��tir 1�i� ��.k��n:� [_� i ( � � ��#, '�, - !I'C�F)'71 C�ftlf�� 11�"t�,,.�i��l�[; � ,� t� ��.,ti!', G Ii(i ,.+ „Cl C�i ��1 �IiG �I`I�I[l�?j ;l;i.i 1'ti.;�ei' t},?+,`�'C5 I�� :11"��f,::' (i I'(;(' }(fi`; LI ii115 :11(iC:f'. ��J�I I ' - '; 4'��'° f`�t�,d�a� c€�;�,,�Sir, ��'I f f.1�1 5 �,;Ot!�t �'Ir�C3� Of � �"-` �� cr'1f�l�.�1' �(��`I�{L�T, �LF�iC . ' .. ."d''--�.�v;�..�._._�,:...�_____�.....,.�)c:)!.It;r t�� `�° � '_.. -....�..._. • � �.- :�', �, E[ectronically Sign�d By: Hon. JUdge Rienne H. McElyea Fri, Qct 04 2024 12:37:11 PM