HomeMy WebLinkAbout025 - Appendix R.2 - Quite Title Judement 2836851 1 04 L LJ
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Eric Semerad - Gallatin County, MT DECFI& CLERK
tin County District Cour
STATE OF MONTANA
By:Amariah Mitchell
DV-16-2024-0000124.OT
McElyea,Rienne H.
67.00
MONTANA EIGHTEENTH JUDICIAL DISTRICT COURT, GALLATIN COUNTY
COP CONSTRUCTION LLC, Cause No. DV-16-2024-00124
Plaintiff, Judge Rienne H. McElyea
-vs-
MEADOW CREEK PARTNERS, L.L.C., also
doing business as MEADOW CREEK
PARTNERS, LLC; ROCKY MOUNTAIN
BANK; LARRY A. ALEGRIA; ALPENGLOW 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 RANCH
LIMITED PARTNERSHIP, also doing business as
SHADY LANE RANCH L.P. or SHADY LANE
RANCH LP; MADISON ENGINEERING, LLC,
also doing business as MADISON
ENGINEERING and now known as MADISON
ENGINEERING OF 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 RH
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 complaint
adverse to plaintiff's ownership or any cloud upon
plaintiff's title, whether the claim or possible
claim is present or contingent,
Defendants.
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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 TEal 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 for 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
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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:
1. 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 Bozeman, Gallatin County, Montana more
particularly described as:
Tax Code Parcel No. RGG9205 as follows:
Certificate of Survey No. 2286, located in Section 23, Township 2
South, Range 5 East, P.M.M., Gallatin County, State of Montana,
EXCEPTING THEREFROM:
Meadow Creek Subdivision Phase I, situated in portions of the
SW1/4NE1/4, SE1/4SW1/4 and Wl/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 which 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.
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3. Pell-strtrnt to Rule 4(b)(1 ), M.R.Civ.P., this Court has jurisdiction over the: parties
described herein because they allege "owncrship, use, or possession of tiny property, or of any
interest therein, situated within Montana" and because the real property in question is located
entirely within Gallatin County, Moniana.
4. Pursuant to Section 25-2-123, MCA, and Section 70-28-103, MCA, venue is
proper in this county beCalrse it is an action for quieting title to real property located entirely
within Gallatin County, Montana.
5. Defendant MC CAPITAL, LLC was property served on May 8, 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 Cleric of District Court
issued an Fntry of Default against MC CAPITAL, LLC on June 5, 2024.
6. Defendant COLLECTION BUREAU SERVICES, INC. was properly served on
May 6, 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 COLLECTION BUREAU
SERVICES. INC. on June 5, 2024.
7, Defendant RI-I BAXTER 96, LLC, also doing business as RI-1 BAXTER 96 LLC,
was properly served on May 8, 2024, has failed to appear, plead, or otherwise defend within
twenty-one (21) clays alter the completion of service of process as provided in the Montana
Rules of Civil Procedure, and the Cleric of District Court issued an Entry of Default against RH
BAXTER 96, LLC. also doing; business as RI-I BAXTER 96 LLC on ,tune 5, 2024-
5. Defendant LARRY A. ALEGRIA was properly served on May 7, 2024, has tailed
to appear, plead, or- otherwise defend within twenty-one (21) clays after the completion of service
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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 13, 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 TITLE 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.
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13. Defendant GREENWING TEAL, L.L.C., also doino lens ness as GREE.NWING
TEAL LLC, was properly served on ,lone 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
a-ainst PINTAIL, L.L.C., also doin- business as PINTAIL LLC, on July 24, 2024.
14. Defendant 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 plaintiffs title, includingr any rq;ht or
inchoate or accrued dower, whether the claim or possible claim is present or continent
("Defendant all other persons, unknown"), were served by publication and, in accord with Rule
4(o)(4), M.R.Civ.P., the service by publication was made by publishing the summons. once a
week for three successive. weeks (August 2"", 9"', and 16"', 2024) in the Bozeman Daily
Chronicle (a newspaper published in the county in which the action is pending) as is evidenced
by the Affidavit of Publication filed with the Court on August 21, 2024, and Defendant all other
persons, unknown has failed to appear, plead, or otherwise defend within twenty-one (21) days
after the completion of service of process on August 16, 2024, as provided in the Montana Rules
of Civil Procedure, and the Clerk of District Court issued an Entry of Default against Defendant
all other persons, unknown on September 10, 2024.
15, Defendant B. NEAL AINSWOR"l H, also known as B. NE AL AINSWORTH,
,IR., executed an Acknowledgment of Scrvicc, Disclaimer of Interest, and Consent and
Stipulation to Entry ol' .ludoment on May 31, 2024, and it was filed with the Clerk of District
Court on June 4, 2024.
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16. Defendant MADISON ENGINEERING, LLC, also doing business as MADISON
ENGINEERING and now known as MADISON ENGINEERING OF MONTANA, LLC,
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 5, 2024.
17. Defendant SIME CONSTRUCTION, INC. 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 of 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 161h, 2024, pursuant to
Rule 4(o), M.R.Civ.P., and all have failed to appear or otherwise to defend as required by
Montana law.
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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 COP CONSTRUCTION LLC by Special Warranty Deed which
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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:
1. 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
TITLE 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 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 plaintiffs 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 Interest and Consents and Stipulations to
Entry 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
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CONSTIZUC"i'ION, INC.; GALLATIN COUNTY WEED DISTRICT CONTROL 130ARD;
SHAM' LAN1�. RANCH LUMITF-D PARTNERSHIP, also doing business as SHADY LANE
RANCII L.P. or SHADY LANE RANCH LP; and ROCKY MOUNTAIN BANK.
3. Plaintiff COI' CCONSTRUC`I,ION LLC owns in fee simple all right, title and
interest in and to the stet jest Property, and is entitled to quiet anti peaceful possession thereof:
4. The Defendants herein, and all persons claiming under them, have no estate, right,
title, lien, encumbrance, interest, or adverse claim in and to the Property, or any part of it;
5. The Defendants herein, and all persons claiming through or Under them, are
permanently en pined form asserting any adverse claim to Plaintiff's riglit, title, and interest in
and to the Property-
DATED AND SIGNED ELECTRONICALLY BELOW
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Electronically Signed By:
Hon. Judge Rienne H. McElyea
Fri, Oct 04 2024 12:37:11 PM