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Home My WebLink AboutBlock 2 of the University Subdivision Agreement and Restrictive Covenants, 1972 ";f:I ."r'f Rt: City or Bozeman t-- , " f iNDEXED ,?--- ~ ; it! ;~:." ~55t (,:,,~.~.)'i.jS 1 PLA11'~D t,.. ,\' r tl.~ " boo _le ".., .. ,. '" "".,1.. State of Mont., County of Gallatin. .5 Flied for record July 7 ",1972 at 3: 15 P. M., and recorded in Book 14 ~SCELLANEOUS pag: 1551 CARL L. STUCKY . ~ ~ . - Recorder. By , . - 7 - ~ Deputy AGREEMENT AND RESTRICTIVE COVENANTS THIS AGREEMENT, made and entered into this 14th day of June, 1972, by and between the City of Bozeman, a political subdivision of the state of Montana, hereinafter referred to as the City, and the owners of Lots Three (3) through Ten ( 10) inclusive in the 1962 rearrangement of Block Two (2) of the university Subdivision of Bozeman, Montana, hereinafter referred to"a.sthe"t;andowners; WHEREAS, the owners of Lots Numbered Three (3 ) through Ten (10 ) inclusive in the 1962 rearrangement of Block Two (2) of the University Subdivision of Bozeman, Montana, have expressed their desire that Special Improvement Districts No. 509 and 510 be re- defined so as to exclude the construction and surfacing of that certain portion of South Tracy Avenue which abuts said Lots, and WHEREAS, each of the individual owners of said lots is ready, willing and able to sign Restrictive Covenants and/or an Agreement restricting the use of said lots in said regard without first obtaining written permission from the city; NOW, THEREFORE, IT IS HEREBY UNDERSTOOD AND AGREED by and between the parties as follows: WIT N E SSE T H : That the said Lots are owned by the parties whose names appear after the following lot numbers: Lot 3 - Donald R. Ferron and Clarice L. Ferron Lot 4 - Gordon R. Williamson and Karen T. Williamson v Lot 5 - Morris Jaffe and Ardyce M. Jaffe Lot 6 - James W. Drain and Jane S. Drain Lot 7 - Louis R. Spain and Charline R. Spain Lot 8 - Joseph E. Frazier and Helen P. Frazier Lot 9 ..- Louis R. Spain and Charline R. Spain Lot 10 - John F. McCulloch and Sylvia E. McCulloch .~. '. . i '. . ; '. - . . F t\"'~. 11)(: 1. 552 IT IS UNDERSTOOD AND AGREED by and between the parties hereto that the following provisions shall apply to the said Lots numbered Three (3 ) through Ten (10) inclusive in the 1962 rearrangement of Block Two (2 ) of the University Subdivision of Bozeman, Montana: 1- No structures will be erected on Lots 3 through 10 inclusive in the 1962 rearrangement of Block 2 of the University Subdivision of Bozema.n, Montana, without ,the expres,sed written approval of the City of Bozeman over and above any requirements imposed by Zoning or Building Codes. 2. At such time as a majority of the owners of Lots 3 through IO, in the 1962 rearrangement of Block 2, University Subdivision, wish to utilize said lots for building purposes, thus requiring water, sanitary sewer, storm drainage or paving improvements in the abutting portion of Tracy Avenue, one hundred percent (100%) of the cost of such improvement will be borne by said Lots 3 through 10. 3 . The Petitioners in this matter agree that some form of screening will be placed along the west line of Lots 3 through 10 in the 1962 rearrangement of Block 2, University subdivision, by the City of Bozeman and the cost of said screening will be borne by the owners of said lots. The screening may be either of a hedge type or a rustic fence. 4. The Petitioners will save the city free and harmless from any claims of damage that may result from this agreement and any actions related thereto or arising therefrom. 5. This Agreement shall be binding upon the parties and upon their heirs, successors and assigns, and in the event that it is necessary to institute any legal action to enforce this Agreement, the undersigned Landowners of said lots and their -2- . n'~ ~~ . ./4 '. .;..,~ .. .. ...' '. LIL.M 14. ;',L; j 553 heirs, ,successors and assigns agree to pay a reasonable attorney I s fee. IN WITNESS WHEREOF we have hereunto set our hands and seals the;:a. and, year fn above written. . ,M4( fl/ 14~ GJaAJ/-<-/ Z~ Donald R. Ferron Clarice L. Ferron JfMA~, f!1;J pl~~ ~n~d 1/;/~~~'H<!P-H - ~ Gordon R. Will~amson Karen T. Wi liamson ~.~c~ Ardyc M. Jaff ,.,~ L /) .. I ./ -I ./'", ,. / ... /, "I .... . ' ?A2'n.R~ ><' A/- TaL ,,,,/ ~S. Dr:~ Q ~ ' ~A ...~. - Char ~ne R. Spa~n '1 ~~. oY' ~ ' . ,.,' ,. I , '.' '.. .5 A'~ ~ lWA ~ 'Pw.UV1/ /I~ E. Fra er ~ . He~ P. Fraz~er C/ i'~t.. ~~. .~ ,'''' . U.',YJ .. J 0 . n. McCu 1 oc'. . I LANDOWNERS ,"\" '. By . ,> /,..~. i . ':rJ. ,,. ATTEST: <"', ' .. ',' I ''"' . ::~ ~ "., ~. .' .::. "l(..'." ~.'~ "'..' ~.'. . 1I~";". " . .,~ Clerk ~ !.1t?e C~ ~~,', . ission ',', '.".: .!: :,"" ' -. , f ( (" (' i':; CITY . I ~ '. ",\., " -3- .. ., l.. .i i . oJ , " .. , . .. - . * rl\"~ 11 ,Ir,~ t554 STATE OF MONTANA, ) : ss. County of Gallatin.) On this :1..14 day of June, 1972, before me a notary public in and for the state of Montana, personally appeared Donald R. Ferron, Clarice L. Ferron, Gordon R. Williamson, Karen T. Williamson, Morris Jaffe, Ardyce M. Jaffe, James w. Drain, Jane S. Drain, Louis R. Spain, Charline R. Spain, Joseph E. Frazier, Helen P. Frazier, John F. McCulloch and Sylvia E. McCulloch, known to me to be the persons whose names are subscribed to the within Agreement and Restrictive Covenants, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above I ' I . ~ . J '. .. . . I . .' ('vJ' 1 ,... : .' rt.ten. , .,' ..' . . .lo- "'(""~' PI" . for the State of . t . . ,,,, "~lJ ...",. zeman, Montana. -', '. \ . .... .; . " expires October 19, 1973. .,. x ./" I' . ~." .... o,."fl 0 -+ . !, . ,; ~.". ~.'. . It" STATE OF MONTANA, ) : ss. County of Gallatin.) On this ~/~ day of June, 1972, before me a notary public in and for the state of Montana, personally appeared William E. Grabow, known to me to be the Mayor of the city of Bozeman that executed the within Agreement and Restrictive Covenants and acknowledged to me that said City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. , . ' ~ I" .. ,. '.. ..' :\ l \ , ..: \" . ... ~ .'i ':. f' tl Ii.: . ... ,'\ "' . .,\,' , tJ, , ..." . . '.,..) d~~ ~,'Jr,...\ '~:' "^ '.. .# ,.. ,. '''. '4- -4- . r nr t;