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Home My WebLink About18- Lot Merger Agreement - Delaney-Indreland Living Trust - 401 and 415 South Willson Avenue C-3—L Inter-office original to: City of Bozeman Department of Community Development 20 East Olive Street PLATTED S�) 2613479 Page: 1 of 4 05/10/2018 04:31:37 PM Fee $28.00 Charlotte Mills - Gallatin County, MT MISC IIIIII IIIIII III IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIII IIIIIII III IIIII IIIII IIIII IIII IIII Lot Merger Agreement This Agreement is entered into on this � day of dri 1 I 2018 by and between Delaney/Indreland Living Trust, Dated Jan. 17 1996, (hereinafter called "Property Owner") with address of 401 and 415 South Willson Avenue,Lot 4A and Lot 5, 6, and 7,Block 2, Fairview Addition to the Citv of Bozeman, SW 1/4 Section of S 07, T02 S, R06 E, Gallatin County, Bozeman, MT 59715 and the CCi of Bozeman, (hereinafter called"City")a self governing Montana municipality with address of 121 North Rouse Ave.,P.O.Box 1230,Bozeman, MT 59771. For good and valuable consideration,Property Owner and City agree as follows: 1. Property Owner is the current owner of the real property in the City of Bozeman located at 401 and 415 South Willson Avenue, Bozeman MT,59715, and legally described as: Lot 4A and Lots 5-7, Block 2, Fairview Addition to the City of Bozeman, SW 1/4 Section of S 07, T02 S, R06 E, Gallatin County, Montana(the"Prop!U"). 2. The Property consists of more than one contiguous lots or portions of lots all of which are located in a residential zoning district of the City and were platted prior to the adoption of zoning regulations by the City of Bozeman. 3. The lots making up the Property currently serve a single principal use as described by Bozeman Municipal Code Section 38.42.2450 and the Property Owner desires to continue to use the above described Property as a single principal use. 4. The Property Owner has submitted an application to the City of Bozeman for the following alterations to the Property : 1) a boundary realignment and lot aggregation to change the existing four lots to two lots 2)construction of an accessory building with a conservatory attached garage and guest house - Application 17453 Certificate of Appropriateness, which was approved on Mm ?— . , 2018 and contained the following condition of approval: Prior to issuance of a buiihing permit, the applicant shall consolidate the underling lots that comprise the subject propeM through either a subdivision exemption process or by a Lot Merger Agreement with the Department of Community Development. Page 1 of 4 5. Bozeman Municipal Code Section 38.08.050 requires a minimum five (5) foot setback from all side yard property lines to buildings on a residentially zoned lot unless an appropriate deviation is granted from the City. 6. Each of the above described lots is either (i) not subject to liens or mortgages, or (ii) any such liens or mortgages apply equally to all of the above described lots. 7. Merging the above described lots for purposes of development of the Property as one parcel would ensure the above described development proposed by the Property Owner and as approved by the City complies with the Bozeman Municipal Code zoning and building regulations regarding construction across lot lines.As such, for the purposes of complying with Bozeman Municipal Code Chapter 38 (Unified Development Code), all interior lot lines identifying individual lots that make up the Property, as shown on the referenced subdivision plat, shall no longer be considered as lot lines for any zoning, subdivision,or building purpose, and the lots that make up the Property shall be considered a single lot. This document is not an instrument of conveyance; as such, for purposes of Sect. 76-3-103(16)(c),MCA,this Agreement is not intended to act as a merger of the underlying parcels of land. 8. The parties hereby agree that the lots shall not be unmerged or developed independently without the approval of the City and only in compliance with the standards and procedures of the Bozeman Municipal Code and the Montana Code Annotated. 9. This agreement shall bind future use and development of the lots and shall survive any conveyance by the Property Owner to any other party or purchaser and shall remain in effect despite any separate conveyance of the individual lots merged by this Agreement. 10. This Agreement shall not affect the legal description or title to the lots making up the Property and is not intended to affect the treatment of the lots that make up the Property for purpose of taxation. 11. The terms and conditions contained herein shall run with the land and bind the Property and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors,and assigns. 12. This Agreement shall be recorded at the Gallatin County Clerk and Recorder at the expense of the Property Owner. A recorded copy shall be returned to the City of Bozeman Department of Planning and Community Development. 13. The parties acknowledge they have the legal authority to enter into this Agreement. Dated this day of ►'d )2018. PROP + OWNER Print Name:.L/�e�,r,- -L/-?i'cgU,�/ /7-r-lah l STATE OF MONTANA ) :ss County of Gallatin ) On this 9 day of 0 rr• 0J 8,before me,the undersiged, a Notary Public for the State of Montana, personally appeared ft l �•k c`wrJ7—I ea^u ,1 ;#nown to me to be the owners of the real property addressed as /#I E. Main n f�� , Bozeman MT 59715 that executed the within instrument,and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) SHEILA TINJUM Printed Name She 0 V-T u. .� .T. G Notary Public :�oTAR�.4' ";for the State of Montana Notary Public for State of Montana ; Residing at: Residing at:Bozeman,Montana "5:.SF,AL.-2;T; Bozeman, Montana Commission Ex ire, %9 ? My Commission Expires: p August 03,2019 (Use 4 digits for expiratio year) CITY OF BOZEMAN --"�/ �4L artin Matsen, Community Development Director STATE OF MONTANA ) :ss County of Gallatin ) On the day of 2018, before me, a Notary Public for the State of Montana, personally appeared Martin Matsen, known to me to be the person described in and who executed the foregoing instrument as Community Development Director of the City of Bozeman, whose name is subscribed to the within instrument and acknowledged to me that he executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. ATI (S K,'�os., SHktiNU;L KLU09TEFIHOF rented Name '•- Notary Puubc TAR1.1 ';for tho Stag of Montana q� Notary Public for State of Montana Rouiding at: Bozcrnan, Montafla Residing at:Bozeman,Montana ' P r:iy C:.primission Expires: ^� =• OF ma ;;larch 17,2021 Commission Expires: 3' \�•20 (i� (Use 4 digits for expiration year)