HomeMy WebLinkAboutQuitclaim 95- HRDC Restrictive Covenant, 1995
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RESTRICTIVE COVENANT fILM 157 fAt[3~O
The undersigned, Human Resource Development Council of
District IX, Inc. , a Montana nonprofit corporation, 321 E. Main
Street, Suite 300, Bozeman, MT 59715, is the owner of real
property located in the City of Bozeman, Gallatin County,
Montana, described as follows:
Lot 1, Block 1, West Babcock Subdivision, a tract of
land located in the NE 1/4, Section 11, Township 2
South, Range 5 East, P .M.M., City of Bozeman, Gallatin
County, Montana, according to Certificate of Survey No.
1840.
The property is commonly known as Buildings 5 and 6, North
24th Avenue, Bozeman, Montana, and subject to a Major Site Plan
Project 2-9553.
For the purpose of insuring that sewer service is available
to Buildings 5 and 6, the owner noted above, hereby covenants
that the existing sewer services utilized by Buildings 5 and 6
shall be maintained by the owner as a private main, with all
responsibilities and costs of maintenance borne by said owner.
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 instrument is set aside by decree
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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 to wrongfully deeded, sold, leased or
conveyed, until paid, and such lien may be enforced in such
manner as the court may 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 the property described above, and such
person and the City of Bozeman are specifically given the right
to enforce this restriction through any proceedings, at law or
equity, against and 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 the property owner or
its successors and the City of Bozeman.
Dated this ~ day of October, 1995.
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FILM 157 PACEJ062
Human
Counc'l
By:
State of Montana }
s.s.
County of Gallatin }
On this ~ day of October, 1995, before me, a Notary Public
for the State of Montana, personally appeared Jeffrey K. Rupp,
known to ~e to be ehe Executive Director of the Human Resource
Developm,ent Council of District IX, Inc. , and acknowledged to me
,!t~~:.~~uted the same. .'
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mes E. Wysocki,
'ty of Bozeman
State of Montana }
s.s.
County of Gallatin }
On this /~day of October, 1995, before me, a Notary Public
for the State of Montana, personally appeared James E. Wysocki,
known to me to be the City Manager of the City of Bozeman, and
acknQwledged to me that he ec ted the same.'
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..t!:~':'o . ',,' ~~ :~~ _ Notary Public, State of Montana
+t,<.f)'\' "~Sea:~ \ Residing at Bozeman, Mont na
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"fit, 0 F ,~\(). ' State of Mont., CeulI" of GallatIn. sa Flln for record ' ,19..11-
It 2:01 PM., 811d recorded in Book 157 f PafI 3060_
Sben!, t. a.n Recorder. a, ~puty
FEE: $18.00 RT: CITY OF BOZEMAN PO BOX 71