HomeMy WebLinkAbout017 - Title Restriction RemovalAttn: City of Bozeman Planning Department
RE: Whitefish Credit Union Title Restriction Objection/Removal Request
To whom it may concern:
During the title review process associated with the acquisition of a property on the
southwest corner of 19th Avenue and Kagy, (lot 2A-1 of Minor Subdivision No.503C) we
identified a title restriction that referenced site improvements that were required to be
done by the seller (19th Capital Group) of the property. We objected to that restriction, as
the work should have been done by the developer and that the title restriction should be
removed.
Based upon documents provided by the seller, including a Certificate of Completion and
Acceptance from the Bozeman Transportation and Engineering Department, the work was
completed in accordance with city requirements. As such, we request that the City of
Bozeman certify satisfactory completion of the site improvements and record the removal
of the restriction from the title record.
Sincerely,
Stephen Haugen
Chief Information Officer
Whitefish Credit Union Association
shaugen@whitefishcu.com
406-863-3965
Title Exception 33 Removal Communication:
From: Laura Dornberger <ldornberger@locatiarchitects.com>
Date: Tue, Oct 21, 2025 at 1:45 PM
Subject: RE: Title Exception for 19th and Kagy
To: Casey Rose, CCIM <casey.rose@sterlingcreadvisors.com>
The University Crossing Site Plan (Planning # 24-217) removed the right-of-way improvements from
their entitlements and Aaker Ph 1 Subdivision (Planning #ENGCLS-15494) took them over. The first
attachment was the city stamped letter documenting this.
Aaker Ph 1 Subdivision has completed all the right-of-way improvements and is currently going
through the infrastructure closeout process with the city of Bozeman. They are expecting the city to
countersign our Certificate of Completion and Acceptance, attached hereto, within the next few
weeks. That said, all the improvements referenced in the exemption and narrative have been
completed and inspected by the city.
In conversation with Aaker’s Civil Engineer, it unlikely the city will remove the recorded building
permit restriction until a Site Plan Application is submitted for the referenced lot to ensure the
improvements installed achieve the off-site requirements for the site plan submitted.
I will call to fill you in on this and give you a bit more info so you can determine how to respond to
the buyer.
Thanks,
LAURA DORNBERGER | LOCATI ARCHITECTS
PARTNER / AIA ARCHITECT LEED AP BD+C
1007 EAST MAIN | SUITE 202
BOZEMAN MONTANA 59715
406.587.1139 | OFFICE
406.570.7496 | CELL
From: Casey Rose, CCIM <casey.rose@sterlingcreadvisors.com>
Date: Mon, Oct 6, 2025 at 12:05 PM
Subject: Title Exception for 19th and Kagy
To: Daniel HITCHCOCK <danhitchcock@msn.com>, <jl@locati.co>
Cc: Ryan Springer, CCIM <ryan.springer@sterlingcreadvisors.com>
Dan and Jerry,
The buyer's attorney flagged exception 33 on the title commitment. I have attached the
associated document pertaining to exception 33 relating to building permit restrictions and
the shared use path on the north side of Lot 1. I attached the amendment the Credit Union
proposed as well. The Buyer's either want a letter from the city that this exception has been
satisfied or doesn't apply, or that the city record a release.
Below in black is what the WCU attorney wrote and in red is the Title Company's
response.
Exception 33 — Removal. Exception 33 appears to pertain only to Lot 1 (now Lot 1A). Buyer
requests confirmation that the Property does not include Lot 1/1A and that Exception 33 be
deleted from the Commitment as to the Property.
We can’t confirm this and plan to leave the exception on as Lot 2A Minor 503A comprises
Lot 1 Minor 503. Would need a recorded release or satisfaction signed by the City of
Bozeman to remove.