HomeMy WebLinkAboutPh4_AmendDeclarationSignaturePage_04292021Amendment to the Annie Subdivision Phases IIIC Declaration
Page 1
Annie Subdivision Phases IIIC
NOTICE OF AMENDMENT TO DECLARATION
YOUR SIGNATURES ARE NEEDED!
On the _____ day of ________________________ , 20____ , the members of the Annie
Subdivision Phases IIIC voted to amend the: Declaration of Covenants, Conditions, and
Restrictions for Annie Subdivision, recorded as Document No. 2080912 on September 12, 2002
with the office of the Clerk and Recorder for Gallatin County, Montana.
Signature Requirement for Passage: according to Article XI, Section 6 of the Declaration, the
Declaration may only be amended by signatures of Owners representing not less than sixty percent
(60%) of the Owners of the Lots of the Association. Each Lot is entitled to one (1) vote. Therefore,
if more than sixty percent (60%) of the Lot interests within Annie IIIA, Annie IIIB and Annie IIIC
Subdivisions vote YES, then the below amendment passes. This means that thirty-three (33) of the
fifty-five (55) Annie III Subdivision Lots or more must vote “yes” by signing this document below
to pass this Amendment.
You are signing on the below amendment to the Declaration of Covenants, Conditions, and
Restrictions for Annie Subdivision, recorded as Document No. 2080912 on September 12, 2002
with the office of the Clerk and Recorder for Gallatin County, Montana (Hereinafter referred to as
“Amendment”). If passed, the Amendment shall be recorded with the Gallatin County Clerk and
Recorder’s Office. The Amendment is set forth below. The Amendment will modify the existing
Declaration as specifically stated in the Amendment.
This Amendment shall amend and supersede the previously aforementioned Declarations
for the Annie Subdivision Phases IIIC and the Annie Subdivision, as amended on this _____ day
of _____________________ , 20_____ , and shall apply to all the real property and improvements
placed or constructed thereon and shall be in existence in perpetuity unless this is amended or
terminated by operation of law. In the event any provision of this Amendment is declared invalid
or unenforceable, the remaining provisions shall remain in full force and effect. The Property by
which this Amendment submitted and subject to the Unit Ownership Act is legally described as:
Annie Subdivision III, a tract of land being Lot 1 of Annie Subdivision Phase 3C,
located in the SE ¼ of Section 2, Township 2 South, Range 5 East, P.M.M., City of
Bozeman, Gallatin County, Montana, Plat J-343.
NO NEW UNITS ARE BEING DECLARED BY THIS AMENDMENT.
The following Articles and Sections of the Declaration for the Annie Subdivision Phases IIIC
are amended pursuant to Article XI of the original Declaration as follows:
Amendment to the Annie Subdivision Phases IIIC Declaration
Page 2
AMENDMENT TO THE DECLARATION
Changes in the Declaration language are denoted with italics (new language) and strikethough
(removed language.)
Please sign to approve this Amendment:
AMENDMENT 1:
Amend paragraphs entitled “Witnesseth” of the Declaration to read as follows:
WHEREAS, Declarant is the owner of certain property in the County of Gallatin, State of
Montana, which is more particularly described as:
Annie Subdivision III, a tract of land being Lot 1 of Annie Subdivision Phase II,
located in the SE ¼ of Section 2, Township 2 South, Range 5 East, P.M.M., City of
Bozeman, Gallatin County, Montana, Plat J-343.
NOW THEREFORE, Declarant hereby declares that all of the properties described
above, shall be held, sold, and conveyed subject to the following easements, restrictions,
covenants, and conditions, which are for the purpose of the protection the value and
desirability of, and which shall run with the real property and be binding on all parties
having any right, title or interest in the described properties or any part thereof, their heirs,
successors and assigns and shall inure to the benefit of each owner thereof.
WHEREAS, Pursuant to the Annie Subdivision Declaration, the Annie Subdivision Phases IIIC and
the Annie Phase 4 Homeowners’ Association choose to each operate separately under their own
declaration. Each homeowners’ association will operate separately under the current Declaration
of Covenants, Conditions, and Restrictions for Annie Subdivision, recorded as Document No.
2080912 on September 12, 2002 with the office of the Clerk and Recorder for Gallatin County,
Montana until they desire to amend them with a sixty (60%) vote of their particular association
members.
Declarant is the owner of certain property in the County of Gallatin, State of Montana, which is
more particularly described as:
Annie Subdivision III, a tract of land being Lot 1 of Annie Subdivision Phase II,
except for Lot 1, located in the SE ¼ of Section 2, Township 2 South, Range 5 East,
P.M.M., City of Bozeman, Gallatin County, Montana, Plat J-343.
NOW THEREFORE, the Association hereby declares that all of the properties described
above, shall be held, sold, and conveyed subject to the following easements, restrictions, covenants,
and conditions, which are for the purpose of the protection of the value and desirability of, and
which shall run with the real property and be binding on all parties having any right, title or interest
Amendment to the Annie Subdivision Phases IIIC Declaration
Page 3
in the described properties or any part thereof, their heirs, successors and assigns and shall inure
to the benefit of, each owner thereof.
Dated this _____ day of ______________, 2021.
____________________________________ ____________________________________
____________________________________ ____________________________________
____________________________________ ____________________________________
____________________________________ ____________________________________
____________________________________ ____________________________________
____________________________________ ____________________________________
____________________________________ ____________________________________
____________________________________ ____________________________________
____________________________________ ____________________________________
____________________________________ ____________________________________
____________________________________ ____________________________________
____________________________________ ____________________________________
____________________________________ ____________________________________
____________________________________ ____________________________________
____________________________________ ____________________________________
____________________________________ ____________________________________
____________________________________ ____________________________________
____________________________________ ____________________________________
____________________________________ ____________________________________
____________________________________ ____________________________________
____________________________________ ____________________________________
____________________________________ ____________________________________
____________________________________ ____________________________________
____________________________________ ____________________________________
____________________________________ ____________________________________
Amendment to the Annie Subdivision Phases IIIC Declaration
Page 4
____________________________________ ____________________________________
____________________________________ ____________________________________
____________________________________