HomeMy WebLinkAboutCovenants and Restrictions
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nlH 196 PACE4J38
RESTRICTIVE COVENANT
I, Vickie Greenwood, Grantor, am the undersigned and owner of real property located in the
City of Bozeman, Gallatin County, Montana, more particularly described as follows: Lots 1,2, and 3,
Ilock 29, Park Addition and more commonly known as 501 S. 3rd, Bozeman, Montana.
By City Directive, to satisfy the conditions of approval for a conditional use perm it and for the
purpose of insuring the proper use of the above-described property pursuant to the Bozeman Zoning
Ordinance, and to maintain and enhance the residential quality of the "R-2" (Residential, Single Family,
Medium Density District) in which the property is located, grantor hereby covenants that the above-
described property wiIl not be used for any purpose other than a single family residence or licensed day-
care. The Grantor further covenants that the restrictive covenant allowing the use of the property as a
licensed day care shall be immediately extinguished upon the of both of the following:
I. The grantor sells or leases the above-described property in its entirety; and
2. The grantor no longer resides in or at the above-described property.
A single family residence is defined as "any individual, or two or more persons related by blood
or marriage, or a group of not more than four persons (excluding servants) who need not be related by
blood or marriage, living together as a single non-profit housekeeping unit." Any day-care facility must
be duly licensed as required by Montana Code Annotated and Bozeman City Ordinances and is defined
in 952-2-703 MCA as follows:
"Day-care facility" means a person, association, or place, incorporated or
unincorporated, that provides day care on a regular basis or a place licensed or registered
to provide day care on an irregular basis for children suffering from illness. It includes a
family day-care home, a day-care center, a group day-care home, or a facility providing
care in a child's home for the purpose of meeting registration requirements for the receipt
of payments as provided in 952-2-713.
Any deed, lease, conveyance or contract made in violation ofthis covenant shaIl be void and may
be set aside on petition of one or more of the parties hereto, and all successors in interest, heirs,
executors, administrators or assigns, wiIl be deemed parties to the same effect as the original signers; and
Restrictive Covenant Page 1
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FllH 196 PAC! 4339
when such conveyance or other instruments are set aside by decree of a court of competent jurisdiction,
all costs and expenses of such proceedings will be levied against the offending party or parties and will
be declared by the court to constitute a lien against the real estate so wrongfully deeded, sold, leased, or
conveyed until paid, and such lien may be enforced in any manner as the Court may order.
This restriction will operate as a covenant running with the land for the benefit of any and all
persons who may now own or who may hereafter own property in Park Addition and such persons and
the City of Bozeman are specifically given the right to enforce this restriction through any proceedings,
at law or equity, against any person or persons violating or threatening to violate this restriction, and to
recover any damages suffered by them from any violation thereof.
This Covenant may be removed only by the written mutual consent, duly acknowledged and
recorded, of grantor or is successors an
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DA TED this A day of
CITY OF BOZEM
~ ~-~
Clark V. Johnson, City Manager
~ST: 2
YL J PL~
Robin L. Sullivan, Clerk of Commission
STATE OF MONTANA )
:ss
County of Gallatin )
On this ~ay of ~~, 199~ before me, the undersigned, a Notary Public for the
State of Montana, personally appeared Vic ie Greenwood, known to me to be the person whose name IS
subscribed to the foregoing COVENANT and acknowledged to me that she executed the same.
IN WITNES$"WJlI'EREQF, I have hereunto set my hand and affixed my Notarial Seal the day and
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year first above writtenf" ., ""',, ,,/~~~
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Restrictive Covenant', Page 2
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fiLM 196 PACl4340
My Commission Expires: 7- 1-;f!J()).,
STATE OF MONTANA )
) ss.
County of Gallatin )
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On this Id day of /f.4A..e J... , 199 L, 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 of the City of Bozeman and
the persons whose name are subscribed to the within instrument and acknowledged to me that he
executed the same for an on behalf of the City of Bozeman.
"'.~~'f~ ~ WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and
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"'I ,~'~t~'~~:.)~-\/ ///Notary Public for the State of Montana
~ "., >",' Residing at Bozeman , --- 9 ['
My Commission Expires d' - /'-' "', :;
388346
State of Mont., Coltrtty of Gsftatln. . Fired for record -b.P.!l.L1__, 19.1.2-
at 8~ 36 A M., and ,recorded in Book 196 ~ ~I SCEL~~~~.QY s~ P~;}ij 4338
~..- _, S6M~~ rvano'i Recoraer. 81 cw-~ r?7el~~AJeputy ..
Fee: $18.00
RT: City of Bozeman-Planning
PO Box 640
Bozeman, MT 59771-0640
Restrictive Covenant Page 3
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F!LM 1~6 ?ACE4336
RELEASE OF COVENANT
The City of Bozeman and Vickie Greenwood, grantor, hereby mutually agree and forever
consent to the release of the RESTRICTIVE COVENANT on that real property located in the
City of Bozeman, Gallatin County, Montana, more particularly described as Lots 1,2, and 3,
Block 29, Park Addition and more commonly known as 50 I S. 3rd, Bozeman, Montana and duly
recorded at Film 154 of Miscellaneou~, P 407, Document Number 306629.
DA TED this J/day of
STATE OF MONTANA )
:ss
COUNTY OF GALLA TIN )
On this ~ay of ~~, 19if} before me a Notary Public for the State of
Montana, personally ap'~eared Vickie Gr woo, known to me to be the person whose name is
subscribed to t~e' ~Q,~~go~p~<~LEASE OF COVENANT and acknowledged to me that she
executed thesam'e: ',' ':>
Notary ublic 0 Sta of Montana
(SEAL),":'. Residing in Bozeman, Montana
"":'~':" ~ ,t.> . My Commission Expires: fJ -- '7 -~O a--
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DATED this li day of March , 199~.
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Clark Johnson, City Manager
City of Bozeman
(]l';/ .l!/~
Robin L. Sullivan, Clerk of Commission
R<'iease of Covenant Page 1
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F1l14 196 PACE433?
STATE OF MONTANA )
) ss.
County of Gallatin )
On this /::.T '-I' day of 7Jt.i'L<J4 , 199 9 , 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 of the City of Bozeman and
the persons whose name are subscribed to the within instrument and acknowledged to me that he
executed the same for an on behalf of the City of Bozeman.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and
year first above written., " j ,
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/....//Notary Public for the State ofMontaOlf~( ,'tv~., '."
~ Residing at Bozeman . ," ,~ .~ I' '~,~ ~ !~:;' 1
My Commission Expires 6: > /..)'-. f~)';. :::'\.' ,.: '1,~ i
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88345
tate of Mont., CoHllty of Sartatrn. 98 Filed for record Apr i 1 9
at B: 35 .ifF and recorded In Book 196 ~ M, ISCELLANEOUS 1'0..21-
~ L/!Ij Q!anlZtt Recorder. By ~~. t7/aurzt~:Bge 433~
Fee: $12.00 epu_
RT: City of Bozeman-Planning
PO Box 640
Bozeman, MT 59771-0640
Release of Covenant Page 2
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FIlM 196 rACE 4341
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.' .,.. .".,'.. . .'" , ."...., CONDITIONSQF APPROVAL FOR A(' " NDlTIONALU 'EPERMIT ',',""" "" ',","" ',',',',',' ",","",',','," ",",',',',',",',
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CONDITIONS OF APPROVAL OF A CONDITIONAL USE
PERMIT FOR PROPERTY LOCATED AT 501 SOUTH 3RD A VENUE,
BOZEMAN, MONTANA
WHEREAS, thc undcrsigncd propcrty owncr acknowlcdgcs thc rcccipt of a Conditional
Use Permit from thc City of Bozcman to allow, for thc duration of 15 ycars or until thc salc or
Icase of said property, the main floor of the existing principal structure and the existing accessory
structure located at 501 South 3rd Avenue to used as a day care center for up to 28 children under
four ycars of agc and to requirc thc sccond floor of the existing principal structurc to remain as a
dwelling unit for the owncr or principal operator ofthc busincss; and
WHEREAS, the subject property is lcgally described as Lots 1-3, Block 29, Park
Addition, City of Bozeman, Gallatin County, Montana; and
WHEREAS, the conditional Use Permit is subject to the following sixteen (16)
conditions:
I. The applicant shall apply for and obtain a Certificate of Appropriatcness and building
permit for the proposcd handicapped accessible ramp or lift and shall construct said ramp
or lift within ninc months of an approval of the Conditional Usc Pcrmit.
2. The western portion of the parking area which is acccsscd from Story Street shall be
paved with concrctc or asphalt and the existing concrctc surfacc will bc repaired as
ncccssary, with grades of the new parking area to match the repaired grade ofthc cxisting
parking surfacc, to allow the two regular and one handicappcd accessible space to be
clearly delincated.
3. The two regular parking spaccs and one handicapped accessiblc spacc accessed from
Story Strcct shall be striped pcr Section 18.50.120.8.8. and the handicapped accessible
spacc delineatcd per Section 18.50.120.F.3.c.
4. Thc drive approach on Story Strcct shall be reconstructed in accordance with thc City's
standard approach (i.c. concrctc apron, sidewalk section and drop-curb) and shown as
such on the final sitc plan. A City Curb Cut and Sidcwalk Pcrmit shall be obtaincd prior
to final sitc plan approval. The curb cut shall be located a minimum of 8' east of thc
propcrty linc in aecordancc with the Zoning Ordinance.
5. Thc copper water service comes into the building ofT of South 3 rd A venue. I f this scrvicc
docs not havc a double check valve backflow prcvcntion devisc installcd immcdiately after
the water meter, one must bc installed by the owner at hcr cxpense.
6. Thc final site plan shall be adcquately dimensioned.
7. As pcr Scction I 8.50.035.R, "Bicycle Racks Required", the final sitc plan shall show thc
location for, and a detail of, a bicycle rack.
8. Thc applicant must obtain a Certificatc of Appropriateness and a building pcrmit for any
proposed signage. Any proposed signage must be in compliancc with Section
18.65.070.C.3.c, as amended, but not yet codificd, in Ordinance 1468.
9. The right to a use and occupancy permit shall be contingcnt upon the fulfillment of all
general and special conditions imposcd by thc conditional usc pcrmit procedure.
.
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10. All of the special conditions shall constitute restrictions running with thc land, shall bc
binding upon the owner of the land. his succcssors or assigns, and shall be recorded as
such with the Gallatin County Clerk and Recorder's Officc by thc propcrty owncr prior to
thc issuancc of any building pcrmits. final site plan approval. or commenccmcnt of the usc.
11. All ofthc conditions specifically stated undcr any conditional use listed in this title shall
apply and be adhered to by the owner of the land, successor or assigns.
12. All ofthc special conditions attached to this Conditional Use Pcrmit shall be conscnted to
in writing by the applicant prior to commencement of the use.
13. The City of Bozeman must be made a party to any deed restriction or restrictive covcnant
which terminates the conditional usc with thc salc or lcase of the subject propcrty, and the
deed restriction or restrictive covcnant must bc reviewed and approved by the City
Attorncy.
14. Thc conditional use permit shall terminate within 15 years of the date of the final approval,
at which time thc applicant may re-apply for a conditional use permit and submit to a ncw
public hearing review process.
15. That the owner or principal operator of the business shall maintain thc basemcnt and
second floors ofthc principal structure on thc property as her/his principal residence.
16. The applicant shall amend the existing restrictivc covenant which limits the uscs of the
subject property to allow for the day care center use ofthc propcrty.
NOW, THEREFORE, BE IT HEREBY KNOWN, that the above-noted sixtecn (16)
conditions of Conditional Usc Permit approval shall be binding upon me. thc undcrsigned owner
ofthc subject property, my succcssors or assigns, as long as the subject propcrty is bcing used as
a daycarc ccntcr. .
DATED THIS 0I-/t-9 9nA Y OF
~crc5;;2
STATE OF MONT ANA )
:ss
County of Gallatin )
lr~ 1'l9'l
On this ~day of~'-O-.^'\. ,/ . +99'8": beforc mc, a Notary Public for the
State of Montana pcrsonally appearcd Vict& Greenwood known to mc to bc the pcrson that
cxccutcd the foregoing document. In witness therco~ ~,,~ftvc hereunto set by hand and affixed by
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Notanal Seal the day and year first abovc wnttsnt,y\ '1' 1'." )::11",;.;>
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Notary Pu lic for tate 0 ontana .,",,; "::' . / '1 ,-
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Commission Expircs: '1 -7 - .>-()C;>.-", ,1\ ,,',
388734 7"<2/DI"'-" \"'/
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Stato of Mont., Coltllty of Gallatin. S6 Filed for record April 9 , 19~
at 8: 37 A M., and recorded In Book 196 of MI SCELLANEOUS page 4341
cSheL/z.y eVlUla" ,Recorder. By ~~ e (!1~ Deputy
Fee: $12.00 RT: City of Bozeman-P ann1ng
PO Box 640, Bozeman, MT 59771-0640