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AMENDMENT TO THE DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ANNIE SUBDIVISION
PHASE III
WHEREAS, Annie Subdivision Phase III A is an existing subdivision in Gallatin County,
Montana, legally described as follows:
Annie Subdivision Phase IIIA, a tract of land being a portion of 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.
(Hereinafter referred to as Phase IIIA)
WHEREAS, Annie Subdivision Phase III B is an existing subdivision in Gallatin County,
Montana, legally described as follows:
Annie Subdivision Phase IIIB, a tract of land being a portion of 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-481.
(Hereinafter referred to as (Phase IIIB)
WHEREAS, Annie Subdivision Phase IIIC is an existing subdivision in Gallatin County,
Montana, legally described as follows:
Annie Subdivision Phase IIIC a tract of land being a portion of 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-482.
(Hereinafter referred to as Phase IIIC)
WHEREAS, Phases IIIA, IIIB and IIIC were all added into the same Covenants,
Conditions and Restrictions for Annie Subdivision, Phase III, so that all Phases are part of
the Annie Subdivision Phase III Association (Hereinafter referred to as “Association”), by
the following documents filed with the Gallatin County Clerk and Recorder’s Office:
Document Name Filing Date Doc. No
Declaration of Covenants,
Conditions and Restrictions
Annie Subdivision, Phase III
9/12/2002 2080912
Declaration of Covenants,
Conditions and Restrictions for
Annie Subdivision, Phase IIIB
and IIIC
11/07/2007 2283832
WHEREAS, Lot 1 in Phase IIIC may be further subdivided and developed (Hereinafter
referred to as “Phase IIIC, Lot 1”)
WHEREAS, because of the nature of Phase IIIC, Lot 1, the zoning for the Phase IIIC, Lot
1 and other considerations, the owner of Phase IIIC, Lot 1 and the members of the Association
agree that Phase IIIC, Lot 1 should be governed by a different Association, with its own set of
covenants.
WHEREAS, according 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 “Declaration”),
Article XI, Section 6; the Declaration may be amended by “an instrument signed by the Owners
of not less than sixty percent (60%) of the Lots, each Lot being entitled to one (1) vote.
WHEREAS, the Amendment shall be effective on the date the same is recorded in the
office of the Gallatin County Clerk and Recorder;
NOW THEREFORE, THE DECLARATION IS AMENDED AS FOLLOWS:
Amendment 1, Article I Definitions, Section 1, shall be amended in its entirety to read as
follows:
Section 1. “Association 1 shall mean and refer to Annie Subdivision Phase III Association.
Association 1 shall include the following real property:
All of Annie Subdivision Phase IIIA, a tract of land being a portion of 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.
All of Annie Subdivision Phase IIIB, a tract of land being a portion of 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-481.
All of Annie Subdivision Phase IIIC a tract of land being a portion of 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-482 except for Lot 1.
Association 2 shall mean and refer to Annie Subdivision Phase IV Owner’s Association.
Association 2 shall include the following real property:
Lot 1 of Annie Subdivision Phase IIIC a tract of land being a portion of 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-482
Going forward, each Association shall have the rights, responsibilities and
duties under this Declaration as two separate associations, with separate
voting right, separate responsibilities and separate powers, including the
separate power to amend this Declaration as the Declaration now runs with
each portions of the real property separately. This means that the Owners of
Association 1 can amend these Covenants without the vote of Association 2
and vice versa.
Amendment 2: All references to Association within the Declarations shall be amended
as follows:
All references “Association” shall be amended to “Association 1 and Association
2.”
1. This Amendment amends and supplements the Declaration and shall be
incorporated into and a part of the Declaration. Except as specifically amended or
supplemented herein, all terms of the Declaration shall remain in full force and
effect. In the event the terms of this Amendment and the Declaration conflict or
are inconsistent, the terms of this Amendment shall control. Unless specifically
defined herein, all capitalized terms shall have the definition given in the
Declaration. This Amendment may be executed in one or more counterparts, which
taken together shall constitute one and the same document.
Signatures on the following pages:
IN WITNESS WHEREOF, I agree to amend the Declaration as set forth above. a.
I own the following Lot(s) __________________
(Insert Lot Number(s)).
___________________________________
(Owner Name(s), or if titled in an LLC, Corporation or
trust, name of the LLC or trust.)
___________________________________
Signatures (if two owners, both sign)
STATE OF MONTANA )
)
County of Gallatin )
Subscribed and sworn to before me on this _____ day of _____________________ , 20_____ , by
___________________________________
______________________________________________________________________________
_____________________________________________ (if owned by the trust, corporation or
LLC, please insert that they are signing on behalf of the entity.),
_________________________________________
Notary Public for the State of Montana
Printed Name ______________________________
(SEAL) Residing at ________________________________
My Commission expires: _____________________
(Use four digits)