HomeMy WebLinkAbout72- Covenant with Dan Brutger
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COVENANT r IU~ 16 'M'E 377
Dan J. Brutger, Incorporated, hereby covenants and agrees with
the City of Bozeman, Montana, a municipal corporation, that if Dan
J. Brutger, Incorporated acquires the premises hereinafter described,
and when and if the said City re-zones said premises to permit apartments
to be erected thereon, Dan J. Brutger, Incorporated, will not construct
more than 124 apartment units on said premises and will conform to the
height limitations as set forth in the Zoning Ordinance existing on the
date hereof. Further, if construction of apartment units is not
commenced within one year after said re-zoning, the zoning may then
revert to the present residential classification, otherwise, this
Covenant shall run with said premises, which said premises are described
as follows:
All that part of the West half of the Southwest Quarter (W ~ of the
SW ~) of Section Twelve (12), in Township Two (2) South, Range Five
(5) East of the Montana Principal Meridian, included within the
following metes and bounds, to-wit: Commencing at the Southwest
corner of said West half of the Southwest Quarter of said Section
Twelve; thence running North 1333.1 feet; thence East 336.95 feet;
thence South 1333.1 ,feet, to a point 333.6 feet due East of said
. Southwest corner of said West half of the Southwest Quarter of
said Section Twelve; thence West 333.6 feet to the place of
beginning. Less a tract of land 'in the SW~ of the SW~ of Section
12, T2S, R5E and being more particularly described by the following
metes and bounds, to-wit: Beginning at the section corner common
to Sections 11, 12, 13 and '14, of said Township and Range. Thence
North 00 19' East along the West line of said Section 12, a distance
of 196.00 feet, thence South 890 45.7' East a distance of 334,.52
feet, thence South 00 31' West a distance of 196.00 feet to the
South line of said Section 12, thence North 890 4.5.7' West along
said South line, a distance of 333.32 feet to the point of beginning,
containing 1.5025 acres, more or less, according to the plat.
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/"tr-L J. l~fl/,. Dated this 20th day of September, 1972.
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: .'..... " { 1:,'..., .....-. - '.. DAN J.
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:';1: 1 ;oIn presence of:
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STATE OF MINNESOTA )
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COUNTY OF Benton )
On this 20th day of September , 1972, before me, a Notary Public
within and for said County, personally appeared Gary W. Nelson and
Jerry W. Severson to me personally known, who, being each by me duly
sworn they day say that they are respectively the Vice President
and the Treasurer of the corporation named in the foregoing instrument,
and that the seal affixed to said instrument is the corporate seal of said
corporation, and that said instrument was signed and sealed in behalf of
said corporation by authority of its Board of Directors and said Gary W. Nelson
and Jerry W. Severson acknowledged said instrument
to be the free act and _ deed of said corporation. . " /,,, :;4&- .,tr.:f' -I
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Notary 1M ,.' . S~, 1JN.
~.4~1!;r. NOTARY PUBLIC, MINNESOTA ;::
-.'""~: My comm \ expi:rQf/tlTON COUNTY ~
'NDEXED h""" My Commission l:.XPlres~~
'\.ATTED )l(n~
i " . ~ THIS INSTRUMENT WAS FILED FOR RECORD IN THIS OFFICE ON THE
,; <.:. October 72
OFFICE OF COUNTY RECORDER, ____mn:J:l_mmm DAY OF n_.._n..m_______nmm___________..-__________..m___________' A.D., 19 _______._n_'
STATE OF MONT ANA SS. AT ._.__4_:)g._______.f.. .M" AND WAS DULY RECORDED IN BOOK -----_.~-~---..... ---
COUNTY OF GALLATIN, OF .m.....___M.l.~.CELL.AN.EQ.U.S."..______m.._.;--- RECORDS, PAGE __...__37.7.______.....
Fee $..."'.~........... ............CARL...L.......g.T.\LC!\.X...........RECORDER. By~d.~...DEPUTY
Rt : City of Bozeman
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