HomeMy WebLinkAboutBozeman Ponds Commitment For Title InsuranceServing Gallatin, Madison and Park Counties
600 South 19th Avenue
Bozeman, MT 59718
203 South Main Street
Livingston, MT 59047
Phone: 406.522.5500 Phone: 406.222.7647
www.sectitle.com
COMMITMENT FOR TITLE INSURANCE
SELLER:Gallatin Valley Land Trust, Inc.
BUYER/BORROWER:City of Bozeman
OUR ORDER:G132601
INQUIRIES TO:Title Officer:Thomas A. Cahill (tcahill@sectitle.com)
Direct Line:(406) 522-5550
Escrow Officer:Kris Deason (kdeason@sectitle.com)
Direct Line:(406) 522-5570
COPIES TO:Kelly Pohl (E), Gallatin Valley Land Trust
Chris Kukulski (E), City of Bozeman
Commitment for Title Insurance
Issued By Old Republic National Title Insurance Company
Old Republic National Title Insurance Company, a Minnesota corporation ("Company"), for a valuable
consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the
Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or
referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all
subject to the provisions of Schedules A and B and to the Conditions of this Commitment.
All liability and obligation under this Commitment shall cease and terminate six (6) months after the Effective
Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to
issue the policy or policies is not the fault of the Company.
The company will provide a sample of the policy form upon request.
IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and
seal to be affixed by its duly authorized officers on the date shown in Schedule A.
Issued through the Office of:OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Stock Company
400 Second Avenue South, Minneapolis, Minnesota 55401
(612) 371-1111
ORT FORM 4308
ALTA Commitment for Title Insurance 06/06
CONDITIONS
1.The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.
2.If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or
other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those
shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the
Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to
the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall
disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any
such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend
Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from
liability previously incurred pursuant to Paragraph 3 of these Conditions and Stipulations.
3.Liability of the Company under this Commitment shall be only to the named proposed Insured and such
parties included under the definition of Insured in the form of policy or policies committed for and only for
actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements
hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or
mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in
Schedule A for the policy or policies committed for and such liability if subject to the insuring provisions and
Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for
in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this
Commitment except as expressly modified herein.
4.This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a
report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or
may bring against the Company arising out of the status of the title to the estate or interest or the status of the
mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this
Commitment.
5.The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is
$2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive
remedy of the parties.
You may review a copy of the arbitration rules at: http://www.alta.org/.
ORT Form 4308
ALTA Commitment for Title Insurance 06/06
SCHEDULE A
Commitment No: G132601
Page No. 1
Address Reference: NHN Fowler Avenue, Bozeman, MT 59718
UPDATED 4/16/14
1.Effective Date: April 11, 2014 at 7:30 a.m.
Proposed Insured:
City of Bozeman
2.Policy or Policies to be issued:
Owner’s Coverage
ORT 4309 (6-17-06)
Standard
Extended
Amount:$600,000.00
Premium:$1,196.62 (Reissue Rate)
Mortgagee’s
Coverage
Standard
Extended
Amount:$
ORT 4310 (6-17-06)Premium:$
Endorsements: $
Mortgagee’s
Coverage (2nd)
Standard
Extended
Amount:$
ORT 4310 (6-17-06)Premium:
Endorsements: $
Inspection Fee:$
Cancellation Fee (If Applicable)$150.00 (minimum)
3.The estate or interest in the land described or referred to in this commitment and covered herein is
fee simple and title thereto is at the effective date hereof vested in:
Gallatin Valley Land Trust, Inc.
4.The land referred to in this commitment is:
Lots 4A and C1 of the Amended Plat of Tract C of Van Horn Subdivision and Lots 3 and 4
and portions of Pond ROW of Minor Subdivision No. 223, 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: E-39-C)
Commitment No: G132601
Page No. 2
SCHEDULE B –Section 1
Requirements
The following requirements must be met:
1.Pay the agreed amounts for the interest in the land and/or the mortgage to be insured.
2.Pay us the premiums, fees and charges for the policy.
3.Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured
must be signed, delivered and recorded.
4.You must tell us in writing the names of anyone not referred to in this Commitment who will get
an interest in the land or who will make a loan on the land. We may then make additional
requirements or exceptions.
5.If any document in the completion of this transaction is to be executed by an attorney-in-fact, the
Power of Attorney form must be submitted for review prior to closing.
6.We require the borrower/seller to execute a Seller or Borrower Affidavit and Indemnity.
In addition to the above standard requirements, the following requirements also apply to the
subject real property.
7.Requirement that a copy of the corporate resolution authorizing the sale of said premises be
submitted to this office before final policy can issue.
Commitment No: G132601
Page No. 3
SCHEDULE B –Section 2
Exceptions
The policy or policies to be issued will contain exceptions to the following unless the same are
disposed of to the satisfaction of the Company.
1.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.
2.Any facts, rights, interests, or claims which are not shown by the public records but which
could be ascertained by an inspection of said land or by making inquiry of person in
possession thereof.
3.Easements, claims of easement or encumbrances which are not shown by the public records.
4.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting
the title including discrepancies, conflicts in boundary lines, shortage in area, or any other
facts that would be disclosed by an accurate and complete land survey of the land, and that
are not shown in the public records.
5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts
authorizing the issuance thereof; (c) water rights, claims or title to water whether or not the
matters excepted under (a), (b), or (c) are shown by the public records.
6.Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished,
imposed by law and not shown by the public records.
7.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.
8.General and special taxes and assessments for the year 2014 which are a lien but not yet
computed or payable. (Note: Parcel Nos RGG33745, RGG41366 and RGG41367 are Exempt
for the 2013 taxes)
9.Special Assessments levied by the City of Bozeman for Street Maintenance. The first installment
for the year 2013/2014 shows paid in the amount of $60.75. Second installment shows paid in
the amount of $60.75. (Includes this and other property)
10.Special Assessments levied by the City of Bozeman for Tree Maintenance. The first installment
for the year 2013/2014 shows paid in the amount of $8.44. Second installment shows paid in the
amount of $8.44. (Includes this and other property)
11.Special Improvement District for West Babcock Street. The first semi-annual installment for the
year 2013/2014 shows paid in the amount of $1,348.21. The second semi-annual installment
shows paid in the amount of $1,320.43. (Includes this and other property)
12.Special Assessments levied by the City of Bozeman for Street Maintenance.The first installment
for the year 2013/2014 shows paid in the amount of $60.75. Second installment shows paid in
the amount of $60.75. (Includes this and other property)
13.Special Assessments levied by the City of Bozeman for Tree Maintenance. The first installment
for the year 2013/2014 shows paid in the amount of $8.44. Second installment shows paid in the
amount of $8.44. (Includes this and other property)
14.Special Improvement District for West Babcock Street. The first semi-annual installment for the
year 2013/2014 shows paid in the amount of $1,027.94. The second semi-annual installment
shows paid in the amount of $1,006.76. (Includes this and other property)
15.Special Assessments levied by the City of Bozeman for Street Maintenance. The first installment
for the year 2013/2014 shows paid in the amount of $60.75. Second installment shows paid in
the amount of $60.75. (Includes this and other property)
16.Special Assessments levied by the City of Bozeman for Tree Maintenance. The first installment
for the year 2013/2014 shows paid in the amount of $8.44. Second installment shows paid in the
amount of $8.44. (Includes this and other real property)
17.Special Improvement District for West Babcock Street. The first semi-annual installment for the
year 2013/2014 shows paid in the amount of $311.93. The second semi-annual installment shows
paid in the amount of $305.51. (Includes this and other property)
18.All matters, covenants, conditions, restrictions, easements and any rights, interests or claims
which may exist by reason thereof, disclosed by the recorded plat of Van Horn Subdivision., Plat
No. E-39; the Amended Plat of Van Horn Subdivision, Plat No. E-39-A,and the Amended Plat of
Van Horn Subdivision and Minor Subdivision No. 223, Plat No. E-39-C 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).
19.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. 223,
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).
20.Terms, conditions, restrictions and all other disclosures contained in the Public Street and Utility
Easement, recorded April 6, 2000, Document No. 2010112, records of Gallatin County, Montana.
21.Terms, conditions, restrictions and all other disclosures contained in the Public Street and Utility
Easement, recorded April 6, 2000, Document No. 2010113, records of Gallatin County, Montana.
22.Terms, conditions, restrictions and all other disclosures contained in the Public Street and Utility
Easement, recorded April 6, 2000, Document No. 2010114, records of Gallatin County, Montana.
23.Possible shed encroachment as disclosed by Certificate of Survey No. 1883 on file and of record
in the office of the County Clerk and Recorder of Gallatin County, Montana.
24.Terms, conditions, restrictions and all other disclosures contained in the Domestic Use Lease
Agreement between The Montana Department of Fish, Wildlife and Parks, an agency of the State
of Montana and Edward L. Loterbauer and Leetta L. Loterbauer, recorded June 6, 1997 in Film
173, Page 4331, Document No. 345102, records of Gallatin County, Montana.
Assigned to Salie B. O’Malley and Philip S. Cook by Assignment recorded June 6, 1997, in Film
173, Page 4337, Document No. 345103, records of Gallatin County, Montana.
Assigned to Paradigm Development, LLC by Assignment of Agreement For Domestic Use Lease
Agreement recorded December 19, 2001, Document No. 2056018, records of Gallatin County,
Montana.
25.Terms, conditions, restrictions and all other disclosures contained in the Assignment of Trail
Easement by the State of Montana, Department of Fish, Wildlife & Parks as the Assignor and The
City of Bozeman, as Assignee, recorded May 5, 2000, Document No. 2011830, records of
Gallatin County, Montana.
26.Terms, conditions, restrictions and all other disclosures contained in the Grant Deed from the
State of Montana, Department of Fish, Wildlife and Parks, as Grantor and Salie B. O’Malley and
Philip S. Cook as Grantees, recorded June 6, 1997, in Film 173, Page 4338, records of Gallatin
County, Montana.
27.Terms, conditions, restrictions and all other disclosures contained in the Commission Resolution
No. 3353 –a resolution providing for the Annexation of a certain contiguous tract of land to the
corporate limits of the City of Bozeman dated March 20, 2000 and recorded April 6, 2000,
Document No. 2010111, records of Gallatin County, Montana.
28.Terms, conditions, restrictions and all other disclosures contained in the O’Malley/Cook
Annexation Agreement, recorded April 6, 2000, Document No. 2010111, records of Gallatin
County, Montana.
29.Terms, conditions, restrictions and all other disclosures contained in the Meadow Creek
Subdivision Payback Agreement for Sanitary Sewer Improvements, recorded January 5, 2011,
Document No. 2293493, records of Gallatin County, Montana.
Amendment to Meadow Creek Subdivision Payback Agreement For Sanitary Sewer
Improvements recorded January 5, 2011, Document No. 2374743, records of Gallatin County,
Montana.
30.Terms, conditions, restrictions and all other disclosures contained in the Temporary 100 Foot
Diameter Street Easement Bozeman Interfaith Housing –2 Minor Subdivision, Lot 3, City of
Bozeman, Gallatin County, Montana, recorded May 28, 1999 in Film 198, Page 3911, Document
No. 392017, records of Gallatin County, Montana.
31.Terms, conditions, restrictions and all other disclosures contained in the Improvements
Agreement For Bozeman Interfaith Housing 2 Minor Subdivision, recorded December 17, 1992
in Film 179, Page 3804, records of Gallatin County, Montana.
32.Terms, conditions, restrictions and all other disclosures contained in the Waiver of Right to
Protest Creation of Special Improvement Districts, recorded December 17, 1997 in Film 179,
Page 3802, Document No. 356055, records of Gallatin County, Montana.
33.MONTANA TRUST INDENTURE to secure an indebtedness and any other amounts and/or
obligations secured thereby:
Dated: December 6, 2013
Grantor: Gallatin Valley Land Trust, Inc.
Trustee: Montana Title and Escrow, Inc.
Beneficiary: The Conservation Fund
Amount: $720,000.00
Recorded: December 6, 2013, Document No. 2469675, records of Gallatin County, Montana.
(Includes this and other property.
Substitution of Trustee appointing Security Title Company as Successor Trustee recorded January
13, 2014, Document No. 2472323, records of Gallatin County, Montana.
NOTE: Copies of documents creating exceptions herein may be obtained upon request.
NOTES:
A Realty Transfer Certificate must be submitted before forthcoming instruments of transfer can be placed
of record and when property is not served by a public service water supply, a statement concerning
transfer or non-transfer of water right must appear thereon.
No liability is assumed hereunder until full policy premium is paid.
Regulations imposed on the title insurance industry by the Montana State Insurance Commission require
that a fee be charged for cancellation.
END OF EXCEPTIONS
NOTE: The attached county map/plat/survey is for reference purposes only. Security Title
Company of Montana assumes no liability for the accuracy thereof.
PRIVACY POLICY
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand
that you may be concerned about what we will do with such information -particularly any personal or financial information. We
agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our
underwriters, First American Title Insurance Company and Old Republic National Title Insurance Company, we have adopted
this Privacy Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may
use information we have obtained from any other source, such as information obtained from a public record or from another
person or entity. First American has also adopted broader guidelines that govern their use of personal information regardless of
its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on their website at
www.firstam.com.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:
!Information we receive from you on applications, forms and in other communications to us, whether in writing, in
person, by telephone or any other means;
!Information about your transactions with us, our affiliated companies, or others; and
!Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any non-affiliated party.
Therefore, we will not release your information to non-affiliated parties except; (1) as necessary for us to provide the product or
service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including
the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as
quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above
to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers,
property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such
as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the
information we collect, as described above to companies that perform marketing services on our behalf, on behalf of our
affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing
agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to
nonpublic personal information about you to those individuals and entities who need to know that information to provide
products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your
information will be handled responsibly and in accordance with this Privacy Policy and First American=s Fair Information
Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your
nonpublic personal information.
Serving Gallatin, Madison and Park Counties
600 South 19th Ave.(59718) Post Office Box 6550 (59771-6550) Bozeman, Montana
Phone: 406.522.5500 Fax: 406.522.5501 Web:www.sectitle.com