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HomeMy WebLinkAbout4.10 Preliminary Platting Certificate Seei 771he luny Serving Gallatin,Madison and Park Counties . INVOICE BILL TO DATE INVOICE# C&H Engineering and Surveying Inc. 4/03/2014 7647 1091 Stoneridge Drive Bozeman MT 59718 ATTN: Taylor Balian Ref#: ORDER INFORMATION Buyer/Seller: Flanders Mill, LLC,a Montana limited liability company Escrow#: G140553 Title#:G140553 •i Closing Date: I I Property: NHN Baxter Lane Bozeman MT 59718 Parcel#'s: RGG9366,RGG54117 Date Descrlpteon LIlablll#y Ghsrge 4/03/2014 Miscellaneous Guarantee (Subdivision $125.00 $125.00 Guarantee) ;I si E i� i Balance: $125,00 Customer Copy -Original Guarantee Face Page ,�•;r�-- ISSJCD uY Fbrst American Title Insurance Company ;i GUARANTEE NUMBER uarantee 5010500-0007936e t Subdivision ®r Proposed Subdivision Guarantee �: i wv-- ,x x, -�• t i :I 1 r First American Title Insurance Company For Reference: Fife#: G140553 ••�....•.�rrrr .:'••-0tE Ips '<�� ^^rf �" ! Loan #: Flanders Mill, LLC e'p�• ... • o�p pR9 , d� '+,+ Dennis J.Gilmore Issued BV: ti, : y ! '• t +, President a ' " Security Title Company of Montana i r SEPTEfABER 24, a 600 South 19th Avenue Bozeman, MT 59718 If _. .... ;.�..._....., .... j S Greta ; lJ This jacket was created electronically and constitutes an original document Form 5010500(8/1/09) Page 1 of 4 Guarantee Face Page -Exclusions,Conditions and Stipulations Guarantee# : 5010500-0007935e i SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurances are provided in (a) Defects,liens,encumbrances,adverse claims or other Schedule A of this Guarantee,the Company assumes no liability matters affecting the title to any property beyond the lines of for loss or damage by reason of the following: the land expressly described in the description set forth in (a) Defects,liens,encumbrances,adverse claims or other Schedule(A),(C)or in Part 2 of this Guarantee,or title to matters against the title,whether or not shown by the public streets,roads,avenues,lanes,ways or waterways to which records. such land abuts,or the right to maintain therein vaults, (b) (1) Taxes or assessments of any taxing authority that levies tunnels,ramps or any structure or improvements;or any taxes or assessments on real property;or,(2) Proceedings rights or easements therein,unless such property,rights or by a public agency which may result in taxes or assessments, easements are expressly and specifically set forth in said or notices of such proceedings,whether or not the matters description. excluded under(1)or(2)are shown by the records of the (b) Defects,liens,encumbrances,adverse claims or other taxing authority or by the public records. matters,whether or not shown by the public records; (1) (c) (1) Unpatented mining claims;(2)reservations or exceptions which are created,suffered,assumed or agreed to by one or :i in patents or in Acts authorizing the issuance thereof;(3) more of the Assureds;(2)which result in no loss to the water rights,claims or title to water,whether or not the Assured;or(3)which do not result in the invalidity or potential matters excluded under(1),(2)or(3)are shown by the public invalidity of any judicial or non-judicial proceeding which is records. within the scope and purpose of the assurances provided. 2. Notwithstanding any specific assurances which are provided in (c) The identity of any party shown or referred to in Schedule A. Schedule A of this Guarantee,the Company assumes no liability (d) The validity,legal effect or priority of any matter shown or for loss or damage by reason of the following: referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. 4. COMPANY'S OPTION TO DEFEND OR PROSECUTE ACTIONS; The following terms when used in the Guarantee mean: DUTY OF ASSURED CLAIMANT TO COOPERATE. (a) the"Assured": the party or parties named as the Assured in Even though the Company has no duty to defend or prosecute as this Guarantee,or on a supplemental writing executed by the set forth in Paragraph 3 above: Company. (a) The Company shall have the right,at its sole option and cost, (b) "land": the land described or referred to in Schedule(A)(C)or to institute and prosecute any action or proceeding,interpose in Part 2,and improvements affixed thereto which by law a defense,as limited in(b),or to do any other act which in its constitute real property. The term"land"does not include any opinion may be necessary or desirable to establish the title to property beyond the lines of the area described or referred to the estate or interest as stated herein,or to establish the lien in Schedule(A)(C)or in Part 2,nor any right,title,interest, rights of the Assured,or to prevent or reduce loss or damage estate or easement in abutting streets,roads,avenues, to the Assured. The Company may take any appropriate alleys,lanes,ways or waterways. action under the terms of this Guarantee,whether or not it (c) "mortgage": mortgage,deed of trust,trust deed,or other shall be liable hereunder,and shall not thereby concede security instrument. liability or waive any provision of this Guarantee. If the (d) "public records": records established under state statutes at Company shall exercise its rights under this paragraph,it Date of Guarantee for the purpose of imparting constructive shall do so diligently. notice of matters relating to real property to purchasers for (b) If the Company elects to exercise its options as stated in value and without knowledge. Paragraph 4(a)the Company shall have the right to select (e) "date": the effective date. counsel of its choice(subject to the right of such Assured to 2. NOTICE OF CLAIM TO BE GIVEN BY ASSURED CLAIMANT. object for reasonable cause)to represent the Assured and An Assured shall notify the Company promptly in writing in case shall not be liable for and will not pay the fees of any other knowledge shall come to an Assured hereunder of any claim of counsel,nor will the Company pay any fees,costs or title or interest which is adverse to the title to the estate or interest, expenses incurred by an Assured in the defense of those as stated herein,and which might cause loss or damage for which causes of action which allege matters not covered by this the Company may be liable by virtue of this Guarantee. If prompt Guarantee. notice shall not be given to the Company,then all liability of the (c) Whenever the Company shall have brought an action or Company shall terminate with regard to the matter or matters for interposed a defense as permitted by the provisions of this which prompt notice is required;provided,however,that failure to Guarantee,the Company may pursue any litigation to final notify the Company shall in no case prejudice the rights of any determination by a court of competent jurisdiction and Assured unless the Company shall be prejudiced by the failure expressly reserves the right,in its sole discretion,to appeal and then only to the extent of the prejudice. from an adverse judgment or order. 3. NO DUTY TO DEFEND OR PROSECUTE. (d) In all cases where this Guarantee permits the Company to The Company shall have no duty to defend or prosecute any prosecute or provide for the defense of any action or action or proceeding to which the Assured is a party, proceeding,an Assured shall secure to the Company the notwithstanding the nature of any allegation in such action or right to so prosecute or provide for the defense of any action proceeding. or proceeding,and all appeals therein,and permit the Form 50105D0(8I1/09} Page 2 of 4 Guarantee Face Page Exclusions,Conditions and Stipulakions Guarantee#: 5010500-00O7936e CONDITIONS AND STIPULATIONS(Continued) Company to use,at its option,the name of such Assured for costs,reasonable attorneys'fees and expenses incurred by this purpose. Whenever requested by the Company,an the Assured claimant which were authorized by the Company Assured,at the Company's expense,shall give the Company up to the time of purchase, all reasonable aid in any action or proceeding,securing Such purchase,payment or tender of payment of the full evidence,obtaining witnesses,prosecuting or defending the amount of the Guarantee shall terminate all liability of the action or lawful act which in the opinion of the Company may Company hereunder. In the event after notice of claim has be necessary or desirable to establish the title to the estate or been given to the Company by the Assured the Company interest as stated herein,or to establish the lien rights of the offers to purchase said indebtedness,the owner of such Assured. If the Company is prejudiced by the failure of the indebtedness shall transfer and assign said indebtedness, Assured to fumish the required cooperation,the Company's together with any collateral security,to the Company upon obligations to the Assured under the Guarantee shall payment of the purchase price. terminate. Upon the exercise by the Company of the option provided for 5. PROOF OF LOSS OR DAMAGE. in Paragraph(a)the Company's obligation to the Assured In addition to and after the notices required under Section 2 of these under this Guarantee for the claimed loss or damage,other Conditions and Stiputations have been provided to the Company,a than to make the payment required in that paragraph,shall proof of loss or damage signed and sworn to by the Assured shall be terminate,including any obligation to continue the defense or furnished to the Company within ninety(90)days after the Assured prosecution of any litigation for which the Company has shall ascertain the facts giving rise to the loss or damage. The proof of exercised its options under Paragraph 4,and the Guarantee loss or damage shall describe the matters covered by this Guarantee shall be surrendered to the Company for cancellation. which constitute the basis of loss or damage and shall state,to the (b) To Pay or Otherwise Settle With Parties Other Than the extent possible,the basis of calculating the amount of the loss or Assured or With the Assured Claimant. damage.If the Company is prejudiced by the failure of the Assured to To pay or otherwise settle with other parties for or in the provide the required proof of loss or damage,the Company's obligation name of an Assured claimant any claim assured against to such assured under the Guarantee shall terminate.In addition,the under this Guarantee,together with any costs,attorneys'fees Assured may reasonably be required to submit to examination under and expenses incurred by the Assured claimant which were oath by any authorized representative of the Company and shall authorized by the Company up to the time of payment and produce for examination,inspection and copying,at such reasonable which the Company is obligated to pay, times and places as may be designated by any authorized Upon the exercise by the Company of the option provided for representative of the Company,all records,books,ledgers,checks, in Paragraph(b)the Company's obligation to the Assured correspondence and memoranda,whether bearing a date before or under this Guarantee for the claimed loss or damage,other after Date of Guarantee,which reasonably pertain to the loss or than to make the payment required in that paragraph,shall damage. Further,if requested by any authorized representative of the terminate,including any obligation to continue the defense or Company,the Assured shall grant its permission,in writing,for any prosection of any litigation for which the Company has `l authorized representative of the Company to examine,inspect and exercised its options under Paragraph 4. copy all records,books,ledgers,checks,correspondence and 7. DETERMINATION AND EXTENT OF LIABILITY. memoranda in the custody or control of a third party,which reasonably This Guarantee is a contract of Indemnity against actual monetary pertain to the loss or damage. All information designated as loss or damage sustained or incurred by the Assured claimant confidential by the Assured provided to the Company pursuant to this who has suffered loss or damage by reason of reliance upon the Section shall not be disclosed to others unless,in the reasonable assurances set forth in this Guarantee and only to the extent judgment of the Company,it is necessary in the administration of the herein described,and subject to the Exclusions From Coverage i l claim. Failure of the Assured to submit for examination under oath, of This Guarantee, produce other reasonably requested information or grant permission to The liability of the Company under this Guarantee to the Assured secure reasonably necessary information from third parties as required shall not exceed the least of; in the above paragraph,unless prohibited by law or governmental (a) the amount of liability stated in Schedule A or in Part 2; regulation,shall terminate any liability of the Company under this (b) the amount of the unpaid principal indebtedness secured by Guarantee to the Assured for that claim, the mortgage of an Assured mortgagee,as limited or I 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; provided under Section 6 of these Conditions and Stipulations TERMINATION OF LIABILITY. or as reduced under Section 9 of these Conditions and J In case of a claim under this Guarantee,the Company shall have Stipulations,at the time the loss or damage assured against i the following additional options: by this Guarantee occurs,together with interest thereon;or (a) To Pay or Tender Payment of the Amount of Liability or to (c) the difference between the value of the estate or interest Purchase the Indebtedness. covered hereby as stated herein and the value of the estate The Company shall have the option to pay or settle or or interest subject to any defect,lien or encumbrance compromise for or in the name of the Assured any claim assured against by this Guarantee, which could result in loss to the Assured within the coverage 8. LIMITATION OF LIABILITY. of this Guarantee,or to pay the full amount of this Guarantee (a) if the Company establishes the title,or removes the alleged or,if this Guarantee is issued for the benefit of a holder of a defect,lien or encumbrance,or cures any other matter assured mortgage or a lienholder,the Company shall have the option against by this Guarantee in a reasonably diligent manner by any to purchase the indebtedness secured by said mortgage or method,including litigation and the completion of any appeals said lion for the amount owing thereon,together with any therefrom,it shall have fully performed its obligations with respect Form 5010500(811/09) Page 3 of 4 Guarantee Face Page -Exclusions,Conditions and Stipulations Guarantee# : 5010500-0007936e CONDITIONS AND STIPULATIONS(Continued) to that matter and shall not be liable for any loss or damage Arbitrable matters may include,but are not limited to,any caused thereby. controversy or claim between the Company and the Assured (b) In the event of any litigation by the Company or with the arising out of or relating to this Guarantee,any service of the Company's consent,the Company shall have no liability for Company in connection with its issuance or the breach of a loss or damage until there has been a final determination by a Guarantee provision or other obligation. All arbitrable matters court of competent jurisdiction,and disposition of all appeals when the Amount of Liability is$1,000,000 or less shall be therefrom,adverse to the title,as stated herein. arbitrated at the option of either the Company or the Assured, All (c) The Company shall not be liable for loss or damage to any arbitrable matters when the amount of liability is in excess of Assured for liability voluntarily assumed by the Assured in $1,000,000 shall be arbitrated only when agreed to by both the settling any claim or suit without the prior written consent of Company and the Assured. The Rules in effect at Date of the Company. Guarantee shall be binding upon the parties. The award may 9. REDUCTION OF LIABILITY OR TERMINATION OF LIABILITY. include attorneys'fees only if the laws of the state in which the All payments under this Guarantee,except payments made for land is located permits a court to award attorneys'fees to a costs,attorneys'fees and expenses pursuant to Paragraph 4 shall prevailing party, Judgment upon the award rendered by the reduce the amount of tiability pro tanto. Arbitrator(s)may be entered in any court having jurisdiction 10. PAYMENT OF LOSS. thereof. (a) No payment shall be made without producing this Guarantee The law of the situs of the land shall apply to an arbitration under for endorsement of the payment unless the Guarantee has the Title Insurance Arbitration Rules. been lost or destroyed,in which case proof of loss or A copy of the Rules may be obtained from the Company upon destruction shall be furnished to the satisfaction of the request, Company. 13. LIABILITY LIMITED TO THIS GUARANTEE;GUARANTEE (b) When liability and the extent of loss or damage has been ENTIRE CONTRACT. definitely fixed in accordance with these Conditions and (a) This Guarantee together with all endorsements,if any, Stipulations,the loss or damage shall be payable within thirty attached hereto by the Company is the entire Guarantee and (30)days thereafter. contract between the Assured and the Company. In 11. SUBROGATION UPON PAYMENT OR SETTLEMENT. interpreting any provision of this Guarantee,this Guarantee Whenever the Company shall have settled and paid a claim under shall be construed as a whole, this Guarantee,all right of subrogation shall vest in the Company (b) Any claim of loss or damage,whether or not based on unaffected by any act of the Assured claimant, negligence,or any action asserting such claim,shall be The Company shall be subrogated to and be entitled to all rights restricted to this Guarantee. 't and remedies which the Assured would have had against any {c} No amendment of or endorsement to this Guarantee can be person or property in respect to the claim had this Guarantee not made except by a writing endorsed hereon or attached hereto ;.3 been issued. If requested by the Company,the Assured shall signed by either the President,a Vice President,the transfer to the Company all rights and remedies against any Secretary,an Assistant Secretary,or validating officer or person or property necessary in order to perfect this right of authorized signatory of the Company. subrogation. The Assured shall permit the Company to sue, 14. NOTICES,WHERE SENT. compromise or settle in the name of the Assured and to use the All notices required to be given the Company and any statement in name of the Assured in any transaction or litigation involving these writing required to be furnished the Company shall include the number rights or remedies. of this Guarantee and shall be addressed to the Company at First If a payment on account of a claim does not fully cover the loss of American Title Insurance Company,Attn:Claims National Intake the Assured the Company shall be subrogated to all rights and Center,1 First American Way,Santa Ana,California 92707. Phone: N remedies of the Assured after the Assured shall have recovered its 888-632-1642. principal,interest,and costs of collection. 12. 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. Form 5010500(8/1/09) Page 4 of 4 Guarantee Face Page -Exclusions,Conditions and Stipulations Form 1282 CLTA Guarantee Face Page GUARANTEE ;j :3 ORDER NO. G140553 G FEE: $125.00 i First American Title Insurance Company E! h a corporation,herein called the Company GUARANTEES C&H Engineering and Surveying Inc. I the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. r fj SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER i 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 4 RESPECT TO THE VALIDITY, LEGAL EFFECT OR PRIORITY OF ANY MATTER SHOWN THEREIN, i n Dated: 3/28/2014 at 7:30 a.m. FirstAmerican Title lidurance Company AUTAOR12.tD SIGNATORY: 3 j GUARANTEE r FEE: $125.00 SUBDIVISION OR PROPOSED SUBDIVISION: GUARANTEE NO.: 50I0500-0007936e 3 Flanders Creek .i E� SUBJECT 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,FIRST AMERICAN TITLE INSURANCE COMPANY,A CORPORATION HEREIN CALLED THE COMPANY,GUARANTEES: 1 FOR THE PURPOSES OF AIDING ITS COMPLIANCE WITH Gallatin COUNTY SUBDIVISION REGULATIONS, In a sum not exceeding$5,000.00. THAT according to those public records which,under the recording laws of the State of Montana, impart constructive notice of matters affecting the title to the lands described on the legal description: Tract 1 of Certificate of Survey No.2834,located in the East Half of the West Half of Section 3, Township 2 South,Range 5 East,P.M.M.,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. (A) Parties having record title interest in said lands whose signatures are necessary under the requirements of Gallatin County Subdivision Regulations on the certificates consenting to the 1 recordation of Plats and offering for dedication any streets,roads, avenues, and other easements offered I for dedication by said Plat are: Flanders Mill,LLC,a Montana limited liability company and First Security Bank (B) Parties holding liens or encumbrances on the title to said lands are: 4j 1 tS i. General and special taxes and assessments for the year 2014 which are a lien but not yet computed or -'' payable. �I ;3 2. General and special taxes and assessments for the year 2013. First installment shows paid in the amount of$236.39; second installment shows payable in the amount of$229.79. Parcel No. RGG9366. 3. General and special taxes and assessments for the year 2013. First installment shows paid in the amount of$194.29;second installment shows payable in the amount of$187.14, Parcel No. RGG54117. i k 4. MORTGAGE to secure an indebtedness and any other amounts and/or obligations secured thereby: f L Dated: April 16,2013 Mortgagor: Flanders Mill, LLC, a Montana limited liability company Y Mortgagee: First Security Bank Amount: $200,000.00 Recorded: April 16,2013,Document No. 2446586, records of Gallatin County,Montana. I (C) Easements,claims of easements and restriction agreements of record are: 1. Right of Way Easement granted to the Mountain States Telephone and Telegraph Company,recorded May 10, 1979 in Film 50,Page 62,records of Gallatin County, Montana. l2. Right of Way Easement to The Montana Power Company, recorded October 25,2001, Document No. 2051456,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. 3. Right of Way Easement to The Montana Power Company, recorded October 25, 1988 in Film 103, Page 2459, 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. 4. Easement to Northwestern Corporation D/B/A Northwestern Energy,recorded August 27,2007, Document No. 2276848, records of Gallatin County,Montana, 5. Public Street Easement to Gallatin County recorded October 25,2001,Document No.2051455 records of Gallatin County, Montana. i 6. Exclusive Perpetual Easement to The Montana Power Company,recorded October 25,2001, Document No. 2051453, records of Gallatin County, Montana. r, 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 F: Company to Northwestern Corporation, recorded December 4,2002,Document No. 2089795, records F� of Gallatin County,Montana. 7. Pipeline Easement to Northwestern Corporation dba Northwestern Energy, recorded August 22, 2008, Document No.2308730,records of Gallatin County, Montana. 8. Terms,conditions,restrictions and all other disclosures contained in the Sewer and Water Pipeline and Access Easement and Agreement, between Douglas Lance Smith and the City of Bozeman, recorded January 4,2001,Document No.2027896,records of Gallatin County,Montana. 9. Terms,conditions, restrictions and all other disclosures contained in the Sewer and Water Pipeline and Access Easement.and Agreement, between Douglas Lance Smith and the City of Bozeman, recorded August 21, 2003,Document No.2120546,records of Gallatin County,Montana. i P1-111 ii i 10. Terms,conditions,restrictions and all other disclosures contained in the Sewer and Access Easement and Agreement,between Douglas Lance Smith and the City of Bozeman, recorded December 19, 2007,Document No.2287382, records of Gallatin County,Montana. 11. Terms,conditions,restrictions and all other disclosures contained in the Grant of Temporaiy Park Land Easement to the City of Bozeman,recorded August 21,2003,Document No.2120547,records of Gallatin County,Montana. 12. Terms,conditions,restrictions and all other disclosures contained in the Grant of Public Park Easement to the City of Bozeman,recorded December 19, 2007,Document No. 2287337, records of Gallatin County, Montana. 13. Terms, conditions,restrictions and all other disclosures contained in the Easement Agreement— Electric Power Line between Douglas Lance Smith aka Douglas L. Smith and Northwestern Energy Corporation,recorded October 12,2007,Document No. 2281403, records of Gallatin County, Montana. 14. Terms,conditions, restrictions and all other disclosures contained in the Public Street Easement, recorded April 3, 2003,Document No. 2103144,records of Gallatin County,Montana. 15. Public Street and Utility Easement-Oak Street to the City of Bozeman, recorded December 30,2013, Document No.2471377,records of Gallatin County, Montana. 16. Public Street and Utility Easement-Flanders Mill Road to the City of Bozeman,recorded December 30,2013,Document No.2471378, records of Gallatin County,Montana. 17. Public Street and Utility Easement-Ferguson Avenue to the City of Bozeman,recorded December 30,2013,Document No.2471377, records of Gallatin County,Montana. H :f First American Title Insurance Company P: Y AUTHORIZED `< ;� 4 'X SIGNATORY: Thomas A.Cahill 4! ti f yT% 4� :i P1-111