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RESTRICTIVE COVENANT
Bozeman Shelter Care, Inc. , the undersigned owner of real
property located in the City of Bozeman, Gallatin County, Montana,
more particularly described as follows:
Lot 1, Block 7, Figgins addition No, 4, commonly known as
3025 Westridge Drive, Bozeman, Montana.
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 Figgins subdivision in
which the property is located, hereby covenants that the above-
described property will not be used for any purpose other than a
youth care faCility or any other allowable R-2 residential single
family medium density use, pursuant to the Bozeman Zoning
Ordinance.
Any deed, lease, conveyance or contract made in violation of
this covenant shall 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, shall be deemed
parties to the same effect as the original signers; and when such
conveyance or other instruments are set aside by decree of a court
of competent jurisdiction, all costs and expenses of such
proceedings shall be levied against the offending party or parties,
and shall be declared by the court to constitute a lien against the
real estate so wrongfully deeded, sold, lease, or conveyed, until
paid, and such lien may be enforced in such manner as the court may
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Covenants 1
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order.
This agreement constitutes a mutual covenant running with the
land, and all successive future owners shall have the right to
invoke and enforce its provisions as the original signers hereof.
This restriction shall operate as a covenant running with the
land for the benefit of any and all persons who now may own or who
may hereafter own, property in Figgins subdivision, 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 its
successors and the City of Bozeman.
DATED thi s I day of cv! , 1992.
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BRUCE GERLACH, PRESIDENT
BOZEMAN SHELTER CARE, INC.
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