HomeMy WebLinkAbout015 - Appendix D - Preliminary Platting Certificate M T E
MONTANA TITLE & ESCROW
A MOTHER LODE COMPANY
C&H ENGINEERING AND SURVEYING INC.
ATTN: MATT HAUSAUER, P.E.
1091 STONERIDGE DRIVE
BOZEMAN, MT 59718
Date: January 2, 2019
Re: FERGUSON FARM II SUBDIVISION
Enclosed please find your requested Platting Certificate for the property described as follows:
LOT 5 OF MINOR SUBDIVISION NO.295,THE SPRING CREEK VILLAGE RESORT,LOCATED IN THE
SW1/4 OF SECTION 10,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,GALLATIN COUNTY, MONTANA.
and owned by:
BOARDWALK PROPERTIES, INC.,A MONTANA CORPORATION
AND
COMBS CAPITAL,LC,F.K.A.CBC RIVER RANCH,LLC,A MONTANA LIMITED LIABILITY COMPANY
Please review the attached in its entirety. In the event that you find any discrepancy, or if you
have any questions regarding the certificate, you may contact the Diana Smith at:
Email: desmith@montanatitle.com
Telephone: (406) 587-7702
Fax: (406) 587-2891
Please refer to our Order No. M-24434.
We believe in delivering quality products that meet your needs, and our goal is to provide the
most efficient and reliable service in the industry. Thank you for giving us the opportunity to
serve you!
Sincerely,
Montana Title & Escrow, Inc.
1925 N. 22nd Avenue, Suite 102
Bozeman, MT 59718
Montana Title & Escrow, Inc.
1925 N. 22nd Avenue, Suite 102 0 Bozeman, MT 59718
PLATTING CERTIFICATE
Order Number: M-24434
This Platting Certificate covers a tract of land to be known as:
FERGUSON FARM II SUBDIVISION, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA.
Record Owner:
BOARDWALK PROPERTIES, INC.,A MONTANA CORPORATION
AND
COMBS CAPITAL, LC, F.K.A. CBC RIVER RANCH, LLC,A MONTANA LIMITED LIABILITY COMPANY
Legal Description:
SEE ATTACHED LEGAL DESCRIPTION
Effective Date: December 12,2018 at 7:30AM
Montana Title & Escrow, Inc., hereby certifies that the foregoing Platting Certificate shows the name of the
record owner of the subject property and all of the existing liens affecting the subject property according to the
office of the Clerk and Recorder of Gallatin County, State of Montana. No other report is hereby made or
implied. The maximum liability for this examination is limited to the fee paid for the same.
MONTANA TIT 7E AN ESCROW, INC.
BY: DIANA SMITH-
Order Number: M-24434
LEGAL DESCRIPTION
LOT 5 OF MINOR SUBDIVISION NO. 295,THE SPRING CREEK VILLAGE RESORT, LOCATED IN THE SW1/4 OF
SECTION 10,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,
GALLATIN COUNTY, MONTANA.
THE ABOVE DESCRIBED TRACT OF LAND IS TO BE KNOWN AND DESIGNATED AS FERGUSON FARM II
SUBDIVISION, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA.
Order Number: M-24434
PLATTING CERTIFICATE EXCEPTIONS:
1. GENERAL TAXES FOR THE YEAR 2019, A LIEN IN THE PROCESS OF ASSESSMENT, NOT YET DUE OR
PAYABLE.
TAX NOTE:
TAXES, SPECIAL AND GENERAL, ASSESSMENT DISTRICTS AND SERVICE AREAS, FOR THE YEAR 2018.
PARCEL NO. RGG31145.
1ST INSTALLMENT: $78.80 PAID
2ND INSTALLMENT: $78.78 PAID
2. TAX NOTE:
CITY TAXES, SPECIAL AND GENERAL, ASSESSMENT DISTRICTS AND SERVICE AREAS FOR THE YEAR 2018-
2019. ACCOUNT NO. 133570.:
1ST INSTALLMENT: $ 3,934.49 PAID
2ND INSTALLMENT: $ 3,828.46 DUE AND PAYABLE AND WILL BE DELINQUENT IF NOT PAID ON OR
BEFORE MAY 31, 2019
3. NO LIABILITY IS ASSUMED FOR ANY SPECIAL ASSESSMENTS, SNOW REMOVAL, SEWER ASSESSMENT OR
GARBAGE ASSESSMENT NOT SET FORTH IN THE ASSESSMENT BOOKS OF THE CITY OF BOZEMAN.
4. ALL RIGHTS, TITLES OR INTERESTS IN MINERALS OF ANY KIND, OIL, GAS, COAL OR OTHER
HYDROCARBONS AND THE CONSEQUENCES OF THE RIGHT TO MINE OR REMOVE SUCH SUBSTANCES
INCLUDING, BUT NOT LIMITED TO EXPRESS OR IMPLIED EASEMENTS AND RIGHTS TO ENTER UPON AND
USE THE SURFACE OF THE LAND FOR EXPLORATION, DRILLING OR EXTRACTION RELATED PURPOSES.
(THIS COMMITMENT/POLICY DOES NOT PURPORT TO DISCLOSE DOCUMENTS OF RECORD PERTAINING
TO THE ABOVE REFERENCED RIGHTS.)
5. RIGHT OF WAY FOR, OR ANY PORTION OF THE SUBJECT LAND FALLING WITHIN ROADS, DITCHES,
STREAMS OR CANALS.
6. AN EASEMENT OVER SAID LAND FOR RIGHT OF WAY EASEMENT AND INCIDENTAL PURPOSES, AS
GRANTED TO THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, RECORDED SEPTEMBER
28, 1955, AS FILM/BOOK 119, PAGE 179, OFFICIAL RECORDS.
7. AN EASEMENT OVER SAID LAND FOR RIGHT OF WAY EASEMENT AND INCIDENTAL PURPOSES,AS
GRANTED TO THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, RECORDED APRIL 27,
1967, AS FILM/BOOK 23, PAGE 413, OFFICIAL RECORDS.
8. AN EASEMENT OVER SAID LAND FOR RIGHT OF WAY EASEMENT AND INCIDENTAL PURPOSES,AS
GRANTED TO THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, RECORDED MAY 14,
1979, AS FILM/BOOK 50, PAGE 178, OFFICIAL RECORDS.
9. RESERVATIONS AS CONTAINED IN BARGAIN AND SALE DEEDS TO THE STATE OF MONTANA,
DEPARTMENT OF TRANSPORTATION , RECORDED AUGUST 29, 1983, FILM/BOOK 78, PAGE 1707, MAY
12, 1994 IN FILM 144, PAGE 380,AND MAY 23, 1994 IN FILM 144, PAGE 2178, OFFICIAL RECORDS.
Order Number: M-24434
10. AN EASEMENT OVER SAID LAND FOR PIPELINE RIGHT OF WAY EASEMENT AND INCIDENTAL PURPOSES,
AS GRANTED TO THE MONTANA POWER COMPANY, RECORDED MARCH 27, 1991, AS FILM/BOOK 115,
PAGE 1461, AND DEED CONVEYING ALL EXISTING EASEMENTS TO NORTHWESTERN CORPORATION
RECORDED DECEMBER 4, 2002 AS DOCUMENT NO. 2089795, OFFICIAL RECORDS.
11. RIGHT OF WAY EASEMENT AS GRANTED TO THE MONTANA POWER COMPANY RECORDED OCTOBER 6,
1993 IN FILM 136, PAGE 2214, AND DEED CONVEYING ALL EXISTING EASEMENTS TO NORTHWESTERN
CORPORATION RECORDED DECEMBER 4, 2002 AS DOCUMENT NO. 2089795, OFFICIAL RECORDS.
12. RESERVATION AS CONTAINED IN QUIT CLAIM DEEDS, RECORDED AUGUST 14, 1992, FILM/BOOK 125,
PAGE 2078 AND 2080, OFFICIAL RECORDS.
13. AN EASEMENT OVER SAID LAND FOR EASEMENT AND INCIDENTAL PURPOSES, AS GRANTED TO U S
WEST COMMUNCATIONS, INC., RECORDED MARCH 08, 1994, AS FILM/BOOK 141, PAGE 2397, OFFICIAL
RECORDS.
14. AN EASEMENT OVER SAID LAND FOR RIGHT OF WAY EASEMENT AND INCIDENTAL PURPOSES,AS
GRANTED TO THE MONTANA POWER COMPANY, RECORDED JUNE 28, 1994, AS FILM/BOOK 145, PAGE
2576, AND DEED CONVEYING ALL EXISTING EASEMENTS TO NORTHWESTERN CORPORATION RECORDED
DECEMBER 4, 2002 AS DOCUMENT NO. 2089795, OFFICIAL RECORDS.
15. AN EASEMENT OVER SAID LAND FOR PIPELINE RIGHT OF WAY EASEMENT AND INCIDENTAL PURPOSES,
AS GRANTED TO THE MONTANA POWER COMPANY, RECORDED JULY 06, 1994, AS FILM/BOOK 145,
PAGE 3577, AND DEED CONVEYING ALL EXISTING EASEMENTS TO NORTHWESTERN CORPORATION
RECORDED DECEMBER 4, 2002 AS DOCUMENT NO. 2089795, OFFICIAL RECORDS.
16. AN EASEMENT OVER SAID LAND FOR EASEMENT AND INCIDENTAL PURPOSES, AS GRANTED TO U S
WEST COMMUNICATIONS, INC., RECORDED SEPTEMBER 28, 1994, AS FILM/BOOK 148, PAGE 89,
OFFICIAL RECORDS.
17. WAIVER OF PROTEST OF ANNEXATION, RECORDED JANUARY 23, 1981, FILM/BOOK 61, PAGE 597,
OFFICIAL RECORDS.
18. PUBLIC STREET EASEMENTS GRANTED TO THE CITY OF BOZEMAN, RECORDED MAY 09, 2000,
DOCUMENT NOS. 2012111 AND 2012112, OFFICIAL RECORDS.
19. DELANEY AND WBW, LLC ANNEXATION AGREEMENT, RECORDED MAY 19, 2000, DOCUMENT NO.
2012787, OFFICIAL RECORDS.
20. COMMISSION RESOLUTION NO. 3360, RECORDED MAY 19, 2000, DOCUMENT NO. 2012788,OFFICIAL
RECORDS.
21. RESOLUTION OF DESIGNATION OF LIMITED ACCESS HIGHWAY, RECORDED NOVEMBER 23, 1982,
FILM/BOOK 73, PAGE 534, DECEMBER 17, 1991 IN FILM/BOOK 120, PAGE 570 AND JUNE 23, 1994 IN
FILM/BOOK 145, PAGE 2082, OFFICIAL RECORDS.
22. VALLEY WEST PAY BACK AGREEMENTS RECORDED JANUARY 4, 2001 AS DOCUMENT NOS. 2027878,
2027879, AND 2027880, OFFICIAL RECORDS.
Order Number: M-24434
23. NOTATIONS, EASEMENTS,AND ALL OTHER MATTERS AS DELINEATED ON THE OFFICIAL PLATS OF
"CERTIFICATE SURVEY NOS. 1005, 1872 AND 1846", ON FILE AND OF RECORD WITH THE GALLATIN
COUNTY CLERK AND RECORDER, GALLATIN COUNTY, MONTANA.
24. NOTATIONS, EASEMENTS AND ALL OTHER MATTERS AS DELINEATED ON THE OFFICIAL PLATS OF
"MINOR SUBDIVISION NO. 295 (THE SPRING CREEK VILLAGE RESORT)", ON FILE AND OF RECORD WITH
THE GALLATIN COUNTY CLERK AND RECORDER, GALLATIN COUNTY, MONTANA.
25. NOTICE OF BUILDING PERMIT RESTRICTIONS, RECORDED AUGUST 20, 2001, DOCUMENT NO. 2045441,
OFFICIAL RECORDS.
26. WAIVER OF RIGHT TO PROTEST CREATION OF PARK MAINTENANCE DISTRICT, RECORDED AUGUST 20,
2001, DOCUMENT NO. 2045442, OFFICIAL RECORDS.
27. WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS, RECORDED AUGUST
20, 2001, DOCUMENT NO. 2045443, OFFICIAL RECORDS.
28. IMPROVEMENTS AGREEMENT, RECORDED AUGUST 20, 2001, DOCUMENT NO. 2045444, OFFICIAL
RECORDS.
29. TERMS, PROVISIONS, COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS, PROVIDED IN THE
COVENANTS, CONDITIONS AND RESTRICTIONS, BUT OMITTING COVENANTS OR RESTRICTIONS, IF ANY,
BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS,
DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN
APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION
IS PERMITTED BY APPLICABLE LAW, IN DOCUMENT RECORDED AUGUST 20, 2001, AS DOCUMENT NO.
2045445, OFFICIAL RECORDS.
30. AN EASEMENT OVER SAID LAND FOR ELECTRIC POWER LINE EASEMENT AND INCIDENTAL PURPOSES, AS
GRANTED TO NORTHWESTERN CORPORATION, RECORDED OCTOBER 01, 2004,AS DOCUMENT NO.
2165450, OFFICIAL RECORDS.
31. IMPROVEMENTS AGREEMENT, RECORDED JUNE 19, 2012, DOCUMENT NO. 2418413, OFFICIAL
RECORDS.
32. SUBJECT TO TERMS, CONDITIONS AND PROVISIONS OF AN UNRECORDED TENANCY IN COMMON
AGREEMENT REGARDING CO-OWNERSHIP OF REAL PROPERTY BY AND BETWEEN BOARDWALK
PROPERTIES, INC., AND COMBS CAPITAL, LC.,AS DISCLOSED BY DOCUMENT RECORDED AS DOCUMENT
NO. 2582897, OFFICAL RECORDS.
33. DEED OF TRUST TO SECURE AN INDEBTEDNESS OF$2,500,000.00, DATED APRIL 4, 2014, RECORDED
APRIL 16, 2014, AS (INSTRUMENT) 2478668, OFFICIAL RECORDS.
TRUSTOR: SPRINGCREEK VILLAGE, LLC
TRUSTEE: MONTANA TITLE & ESCROW, INC.
BENEFICIARY: BIG SKY WESTERN BANK, DIVISION OF GLACIER BANK
34. MONTANA TRUST INDENTURE (WITH RESTRICTIONS AND RIGHT OF PURCHASE)TO SECURE AN
INDEBTEDNESS OF$12,000,000.00, DATED DECEMBER 1, 2014, RECORDED JUNE 15, 2017, AS
(INSTRUMENT) 2582896, OFFICIAL RECORDS.
Order Number: M-24434
TRUSTOR: BOARDWALK PROPERTIES, INC.
TRUSTEE: MONTANA TITLE & ESCROW
BENEFICIARY: SPRINGCREEK VILLAGE, LLC
SUBORDINATION AGREEMENT RECORDED JUNE 15, 2017 AS DOCUMENT NO. 2582897.
********END OF PLATTING CERTIFICATE EXCEPTIONS*******