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Home My WebLink About99- Declaration of Protective Covenants and Restrictions . . . . j ~ .... . ,. . . flL W 2m ?A~t25i2 . DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS THIS DECLARATION is made this I)~.' day of February, 1999, by KATHLEEN REYNOLDS, successor trustee of the Harrison Creech Reynolds Living Trust, of901 South Willson, Bozeman, MT 59715, hereinafter referred to as "Owner." WITNESSETH: WHEREAS, Owner is the owner of the following described property situated in Gallatin County, Montana: T ot~ 01"" (1'\ T'v'" C" Three f3'\ and l~",ur (.1\ in Pl,!",l, ';:'ix (6\ nfBu.te .i....J 1Ir"'" 1.'*0.0'.. l' \f.......' ~ /' - \. J ..I. It...... . J -' ... .L...J. ..,......L~ "-"... i..... L. Addition to Bozeman, Montana, according to the official plat thereof on tile and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. (Deed Reference: Film 156, Page 2134) WHEREAS, Owner intends to construct an Accessory Dwelling Unit on the above-described property (hereinafter "premises"). WHEREAS, Owner has made application for an Accessory Dwelling Unit Conditional Use Permit with a Certificate of Appropriateness and Deviations with the Bozeman City-County Planning Office, Application No. Z-98171. WHEREAS, the Bozeman City-County Planning Office has recommended conditional approval of the application subject to certain conditions, including recorded restrictions of record concerning use ofthe property. NOW, THEREFORE, Owner does hereby establish, dedicate, declare, publish and impose upon the premises the following Protective and Restrictive Covenants which shdll run with the lauu and shaH be binding upon all persons owning such property, their successors or assigns, and shall be for the purpose of complying with the above planning conditions to maintain a uniform and stable character, architectural design and use and development of the premises. ARTICLE I. RESTRICTIONS 1. If the City of Bozeman determines that these stipulations are not being followed, the Conditional Use Permit for the Accessory Dwelling Unit shall be revoked -1- ~:,<;.,_.", C""; . \. 'i',. roo;;'. \ , \" .," " \\1; , I',~ , '~'.~',,,~~~!,,\,,,,,'d' ".... _~__.oiII~g)C.~w""oIIr - ~ po....... ."..""'....311I......,. , . . ~ .. . ... . FIl~ 200 i\~~~25':3 . and the improvements establishing the Accessory Dwelling Unit shall be removed at the owner's expense; 2. Only one living unit on-site can be rented by the owners of record; 3. The Accessory Dwelling Unit shall only be utilized by the owners of record on a part time basis with occupancy not to exceed three months out of the year. At such time as the owner establishes a separate sewer line from the Accessory Dwelling Unit to the sewer main, this portion of the deed restriction or restrictive covenant can be removed; 4. The Accessory Dwelling Unit shall not exceed one thousand square feet; 5. The occupancy of the Accessory Dwelling Unit shall not exceed two persons; 6. No other Accessory Dwelling Unit shall be created on the premises; and, 7. The right to a use and occupancy pennit shall be contingent upon the fulfillment of aU general and special conditions imposed by the Conditional Use Permit procedure. ARTICLE II TERM, ENFORCEMENT, APPLICABILITY AND CHANGE 1. The term of the provisions of these Restrictions shall be perpetual. 2. Enforcement of these Restrictions shall be by proceedings either at law or in equity against any person or persons violating or attempting to violate any Restriction; and the legal proceedings may either be to restrain violation of these Covenants or to recover damage. 3. Invalidation of anyone of these Restrictions by judgment or by court order shall in no way affect any of the other Covenants or provisions, all of which shall remain in full force and effect. 4. The provisions of these Covenants and Restrictions may not be changed or amended in whole or in part without the mutual consent of the owners and the Bozeman City Commission in accordance with procedures established by the Bozeman City Commissioners. -2- r .. ... . w . . . . . Hl w 200 ?~tr:?5'4 . Any change of these Covenants shall be effective upon the filing and recording of such an instrument in the office of the Gallatin County Clerk and Recorder. This Covenant may be removed only by the written mutual consent, duly acknowledged and recorded, of grantor or its successors and the City of Bozeman. IN WITNESS WHEREOF, Declarant has hereunto set its hand as of this ~/, day of February, 1999. KATHLEEN REYNO S, successor trustee of the Harrison Creech Reynolds Living Trust STATE OF TEXAS ) County of !Y:I1/o/1 ) ss. ) On this /c2 day of February, 1999, before me, the undersigned, a Notary Public . for the State of Texas, personally appeared KATHLEEN REYNOLDS, known to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. . jUDITH A SIMMONS Notary Public tary Public for the State of Texas. state of TexoS My commission ExpIres Residing at /)t?/lh/1 TC'-Xd 5 . June 4, 2001 My Commission expires: JUfU:~. 'f~(;?a71 CITY OF BOZEMAN By 1 1-- Clark V. Johnson, City Manager ATTEST: oJ ~ in L. Sullivan, Clerk of Commission -3- . . - ~ STATE OF MONTANA ) ) fli Ii .~;'~~J?'1't:-'Il'll't:.. .- '.(;'UVr'/4 ,[".,~(\j) County of Gallatin ) On this /J;t day of 7}(d..A:-'C-IL-. , 1999, before me, the undersigned, a Notary Public for the State of Montana, personally appeared CLARK V. JOHNSON and ROBIN L. SULLIVAN, known to me to be the City Manager and Clerk of Commission, respecthely, of the City of Bozeman and the persons whose names are subscribed to the within instrument, and acknowle,g.ge4..,to m;that they executed the same for and on behalf ofthe City of Bozeman. ','" ' "" ."" "<':)r:r~:;:':,:v.,~~",, ..,'\' ~ ..,:..' \, 'c."'.. ;0,.."., .',', ", :,,"'1. ,,:. '..:rWFI.;; . ERE OF , I have hereWlto set my hand and affixed my Notarial Seal the day '~)>" ..,~, " . · - it': ~_~ It: , ..~.. ',;' ." ,:~tten. , 1"tJ, .. , . ,-' "~ ,. I (,~'}"\t.,,,~, ",,~"I~\".S~l," "',~1 './ i.. ..#..,.....I..I..~..~IbA;..~..'.'.. '.' :',~...;..,;i~,......<<.,!...:;:. ..1"'" . L//) .._ .r.. , c t._",:;r~!, i' ;'",' , I" . . . / // 1./ . "" \:~~"r:-,'/,,:/ _0'" l:::: e:;t, ~-tL-v<- ........t:.,.....t:.a:..a..~c..-/' ~11:;.:!J~i;'~.,?.....,,; ot~ Public for the State of Montana . Resldmg at Bozeman / r -J My Commission Expires tb - /J -/ . INDEXED ji 3 9 r: ~ ~ PLATTiV J 0 7 ~ State of Mont., County of Gallatin. 9& r-!Ied for record JULY 9 1999 at 4: 01 _.l.M., and recorded h! nook 200 of :t:1..ISCELLANEOUS peg'e 2572- r"g'l1t <1/"""" Recorder. By 7'.f" 7 / Deputy FEE: $2 .00 HG) .. ~ RT: CITY OF BOZEMAN