HomeMy WebLinkAbout89- Agreement to Amend the Declaration of Protective Covenants for the Skyridge Estates
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, 'r~1't>> tate of MorL Cr'mtv I}~ Gi1!!8tin.ss Filed for record Decelllber 29th , 19~
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AGREEMENT TO AMEND THE DECLARATION OF PROTECTIVE COVENANTS
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l FOR THE SKYRIDGE ESTATES
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tf'l IJf day of December,
;.., Agreement made this 1989, between the
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.J property owners of the Skyridge Estates and the City of Bozemanr
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Montana, a municipal corporation and political subdivision of the
State of Montana, to amend the Declaration of Protective
Covenants according to the terms and conditions contained herein
to allow the City of Bozeman to develop in the future Tract 6 for
its municipal water system as herein described.
RECITALS
WHEREAS, the City of Bozeman, Montana, is desirous of
acquiring land in the Skyridge Estates described as Tract 6 of
Certificate of Survey No. 1103, hereinafter referred to as C.O.S.
#1103, on file and of record in the Office of the Gallatin County
Clerk and Recorder, Bozeman, Montana, for the purpose of future
development of the property for use as a part of the City's
municipal water system for a surge pond, including but not
limited to the following design criteria:
water storage pond of not more than forty (40)
million gallons;
construction and operation access from existing
plant complex;
maximum cut/fill slope: 3 horizontal to 1 vertical;
fifty foot (50 · ) property line setback will be observed
on north and east sides;
pond liner to be covered with natural materials, e.g.
3" minus gravel;
no separate outbuildings on Tract 6 for the pond without
approval of Board of Directors of the Homeowners
Association;
no exterior lighting for pond operation; emergency,
operator-activated lighting may be provided;
pond to be wholly surrounded by six foot (6 · ) high
chain link fence;
said fence to be effectively screened from view from
adjacent Skyridge Estates lots immediately following
completion of construction by berming/trees/
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. - 109 P4'GE 728
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vegetation and/or painting of fence; saId screening
may be placed within 513' setback referenced above;
any trees used by City for screening purposes shall
be of a minimum size, not to exceed six ( 6) feet, as
approved by the Board of Directors of the Homeowners
Association;
exterior pond slopes to be revegetated with native
grasses, trees, bushes and other native vegetation
to effectively blend the slopes in with the
surrounding terrain;
landscaping to be completed within ninety (90) days
after construction of the pondr weather permitting;
and
WHEREAS, C.O.S. #1103 is subject to that certain Declaration
of Protective Covenants, hereinafter referred to as covenants,
which is on file and of record in the office of the Gallatin
County Clerk and Recorder, Bozeman, Montana, at page 1629 of Film
75; and
WHEREAS, the purpose of this Amendment is to clarify that
the proposed use is either not prohibited by these restrictive
covenants or in the alternative amending the covenants to allow
such proposed use by the City thereby preventing any disputes or
questions which may arise concerning the restrictions found in
said covenants as they may be construed or interpreted to apply
to the City's proposed project; and
WHEREAS, the Declaration of Protective Covenants makes
provision for modification of said Covenants by approval of
sixty-six and two-thirds per cent ( 66 and 2/3% ) of the owners
of property subject to said Covenants.
NOW, THEREFORE, we the undersigned being at least sixty-six
and two-thirds per cent (66 and 2/3%) of the owners of the
Skyridge Estates Subdivision described on Certificate of Survey
No. 1103 on file and of record in the office of the Gallatin
County Clerk and Recorder, Bozeman, Montanar hereinafter
referred to as "owners" hereby agree that the City of Bozeman's
proposed development and use of Tract 6 of said Certificate of
Survey No. 11133 is not prohibited, or in the alternative, hereby
amend the Declaration of Protective Covenants to specifically
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filM 109PAGE 729
authorize such use.
l. That the covenants and restrictions found in the
Declaration of Protective Covenants for the Skyridge Estates
described by Certificate of Survey No. 1103 on file and of record
in the office of the Gallatin County Clerk and Recorder, Bozeman,
Montana, do not prohibit the improvements to the City's water
supply as described herein, or in the alternative, if a conflict
is determined to exist between the Covenants and the City's
proposed use of said property, then the cOvenants are hereby
amended to allow the City to construct and install the
aforementioned improvements to the City's water supply in said
Tract 6 of Certificate of Survey No. 1103.
2. That at the time of development, a landscaping plan for
the surge pond area as described in the design criteria set forth
above, will be submittted by the City for approval by the Board of
Directors of the Homeowners Association, if in existence, or in
the alternative to the property owners with the understanding
that such approval will not be unreasonably nor untimely withheld.
3. That at the time of development, but prior to
construction, a model of the proposed development of the surge
pond area will be submitted to Board of Directors of the
Homeowners Association, if in existence, or in the alternative to
the property owners for their information.
4. By the specified design criteria set forth herein, the
City will not use established roads in the Skyridge Estates
development, but if the City uses said roads it agrees to pay
its assessments as calculated and levied under Paragraph 3 of
Section XXI of the Declaration of Protective Covenants on file and
of record in the office of the Gallatin County Clerk and Recorder
on Film 75 at page 1629 to the Homeowners Association when it
becomes established. The City agrees, at its own expense, to
repair any road within the Skyridge Estates which may be damaged
during the construction of the proposed municipal water facility
specified herein.
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filM 109 PiGE 730
5. This Agreement is binding upon the heirs, personal
representativesr successors in interest and assigns of the parties
hereto.
6. This Agreement amends that certain document entitled
Declaration of Protective Covenants which is on file and of record
in the Office of the Gallatin County Clerk and Recorder, Bozeman,
Montana, as document at page 1629 of Film 75.
IN WITNESS WHEREOFr PROPERTY OWNERS of Skyridge Estates as
described by Certificate of Survey No. 1103 and the CITY OF
BOZEMAN have executed this Agreement and Amendment to the
Declaration of Protective Covenants in Bozeman, Montana, on the
J~' day of December, 1989.
CITY OF BOZEMAN
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JA ES E. ~;SOCK;~
Ci y Manager
ATTEST:
(?~ rfB~
ROBIN L. SULLIVAN
Clerk of the Commission
STATE OF MONTANA )
: ss.
County of Gallatin )
On this ~-~ day of December, 1989, before me a Notary
Public in and~ the State of Montana, personally appeared
James E. Wysocki and Robin L. Sullivan known to me or proved to
me to be the persons whose names are subscribed to the within
instrument .and acknowledged to me that they executed the same.
, ,.t..iNl/""i,~,a:~~WHEREOF' _ I have hereunto set my hand and aff i xed
n:~"'\~;~~.~i;)"1f~,~~: as of the day and r first above written.
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PROPERTY OWNERS
Lot 1 COS 1103 - G Tract A and Lot 6 COS 1103
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Betty V. Johnston ~ y, (7dIuVJ"~
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FILM 109PAGE 731
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by '_~ -- ~,..
Dani 11 D. He~ son, a orney-in-fact
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Martin B. Johnston /J.1/17'1.-~ tJ cfk4Nt'-P14--
by ~d2~~<-
Dan' 11 D. Hend rson, attorr\leY-in-fac "'
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George Sager '
Mae Sager
Lot 1 COS
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Frank J. Lyons
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Barbara L. Lyons . 44l1')(/.401 '~~7___'<:~',;"':/'7-'7,....-"..~
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Lot 2 COS 1103 - E Tract 2A
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Russell J. King ~~ 2 L~
DIana D. King /k,u-; if ~~
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Lot 2 COS 1103 - F Tract 2B
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Russell J. Pool
L. Carole Pool
Lot 3 COS 1103 - Tract 3A
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Mark Lemoyne Stephens ~~~
Susan Honeychurch Stephens .4~ ~'f"ht'hl(.1 ~/4f"<2.'
Lot 4 COS 1103
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Glen E. Sager /~ ~.;..-
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Sandra L. Sager ~.tJ4t,;( ~19//,7../
Lot 5 COS 1103
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Francis J. Nash
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Jayne M. Nash
Lot 7 COS 1103 - B Tract 7A
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Daniel Klein, M.D. ~1~
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Heidi H. Klein dLv~' $ /~ -eGG ~,
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Lot 7 COS 1103 - 0 Tract 7B
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Gregory J(. Kasper
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Connie J. Kasper ( 17trk~~
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Lot 8 COS 1103 AL.!'~ For;' Lor, - A' .0 .-~
----
George R. Nixon
Suzy Nixon
STATE OF MONTANA )
: ss.
County of Gallatin )
On this ~ day of December, 1989, before me a Notary
Public in and for the State of Montanar personally appeared
Daniell D. Henderson known to me or proved to be the person whose
name is subscribed to the within instrument as the attorney-in-
fact of Martin B. Johnston and Betty V. Johnston acknowledged to
me that he sucsribed the names of Martin B. Johnston and Betty v.
Johnston thereto as principal and his own name as attorney-in-
fact. .!;
,\,\.~\l~[lWI"lf'~:r,~;~::~i~!WHEREOF, I have hereunto set my hand and affixed
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STATE OF MONTANA )
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County of Gallatin )
On this <lii- day of December, 1989, before me a Notary
Public in and for the State of Montana, personally appeared
George Sager and Mae Sager known to me or proved to me to be the
persons whose names are subscribed to the within instrument and
acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
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fiLM 109 PAGE 733
my official seal as of the day and year fir,st aive ~ritten.
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STATE OF MONTANA )
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County of Gallatin )
On this d1~day of December, 1989, before me a Notary
Public in and for the State of Montana, personally appeared Frank
J. Lyons and Barbara L. Lyons known to me or proved to me to be
the persons whose names are subscribed to the within instrument
and acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my of.~/Mria,l:seal as of the day and year irst written.
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STATE OF MONTANA )
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County of Gallatin )
On 1ft- before me Notary
this ~ day of December, 1989, a
Public in and or the State of Montana, personally appeared
Russell J. King and Diana D. King known to me or proved to me to
be the persons whose names are subscribed to the within
instrument and acknowledged to me that they executed the same.
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IN WITN)f$.;s WHEREOF, I have hereunto, set my hand ,and affixed
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STATE OF MONTANA )
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County of Gallatin )
On this c./{it1. day of December, 1989, before me a Notary
Public in and for the State of Montana, personally appeared
Russell J. Pool and L. Carole Pool known to me or proved to me
to be the persons whose names are subscribed to the within
instrument and acknowledged to me that they executed the same.
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- 109 PAGE 734
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IN",WITNESS WHEREOF r I have hereunto set my hand and affixed
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STATE OF MONTANA )
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County of Gallatin )
On this ..:/ti day of December, 1989, before me a Notary
Public in and for the State of Montanar personally appeared Mark
Lemoyne Stephens and Susan Honeychurch Stephens known to me or
proved to me to be the persons whose names are subscribed to the
within instrument and acknowledged to me that they executed the
same.
." 'm."WI,'f~ESS WHEREOF, I have hereunto set my hand and affixed
,:,m~\'~ff.fi.~'f~\.'i,seal as of the day and year first above written.
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STATE OF MONTANA )
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County of Gallatin )
On this ~tL day of December, 1989, before me a Notary
Public in and for the State of Montana, personally appeared
Glen E. Sager and Sandra L. Sager known to me or proved to me to
be the persons whose names are subscribed to the within
instrument and acknowledged to me that they executed tne same.
, .
IN.WITNE$$~WHEREOF, I have hereunto set my hand and affixed
my o,t.13Iil~!ia.+.sea\l.'>as 'of the day and year first above written.
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STATE OF MONTANA )
: ss.
County of Gallatin )
On this day of December, 1989, before me a Notary
Public in and for the State of Montana, personally appeared
Francis J. Nash and Jayne M. Nash known to me or proved to me to
be the persons whose names are subscribed to the within
instrument and acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
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-- - 109 PAGE 735
f1tM
my official seal as of the day and year first above written.
Notary Public for the State of
(NOTARIAL SEAL) Montana. Residing at Bozeman,
Montana. My Commission expires
.
STATE OF MONTANA )
. ss.
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County of Gallatin )
On this I~~l~ day of December, 1989, before me a Notary
Public in and for the State of Montana, personally appeared
Daniel Klein, M.D. and Heidi H. Klein known to me or proved to me
to be the persons whose names are subscribed to the within
instrument and acknowledged to me that they executed the same.
IN WITN&SS WHEREOF, I have hereunto set my hand and affixed
my official 's?~al as of the day and year first above written.
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;;>q;;n ......: Montana. My Commission expires
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STATE OF MONTANA )
: ss.
County of Gallatin )
On this I <I ft, day of December, 1989, before me a Notary
Public in and for the State of Montana, personally appeared
Gregory P. Kasper and Connie J. Kasper known to me or proved to
me to be the persons whose names are subscribed to the within
instrument and acknowledged to me that they executed the same.
..~'~;~ '~,~,'1'.N'ESS WHEREOF, I have hereunto. set my hand ~nd aff ixed
.- lll~;"~ft~.ch'a~{~'~eal as of the day and year fIr~t above wrItten.
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:; :t'" t .;!] .:.... I Notar. PublIC for teState of
>,~ \ r ~NQ."~"RIAL SEAL) Montana. Residing at Bozeman,
~"'" ",' '/ Montana. My Commission expires
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STATE OF MONTANA )
: ss.
County of Gallatin )
On this /5/ day of December, 1989, before me a Notary
Public in and for the State of Montana, personally appeared
George R. Nixon and Suzy Nixon known to me or proved to me to be
the persons whose names are subscribed to the within instrument
and acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal as of the day and year f}rst above/Written.
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:;: ;.' '''- ,( :': Montana. My Commission expires
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