The URL can be used to link to this page

Home My WebLink About005 Covenants After Recording, Please Return to: Griffith& Cummings, PC PO Box 160748 Big Sky, MT 59716 AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ANNIE SUBDIVISION PHASE III (PERTAINING ONLY TO "ASSOCIATION 2" LOT 1 IN PHASE IIIC: ANNIE SUBDIVISION PHASE IV OWNER'S ASSOCIATION) WHEREAS, Annie Subdivision Phase IV Owner's Association is an owner's association in Gallatin County, Montana governing the property legally described as follows: Lot I of Annie Subdivision Phase IIIC a tract of land being a portion of Lot 1 of Annie Subdivision Phase II, located in the SE I/4 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 IV"). 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, 9/12/2002 2080912 Conditions and Restrictions Annie Subdivision, Phase III Declaration of Covenants, 11/07/2007 2283832 Conditions and Restrictions for Annie Subdivision, Phase IIIB and IIIC WHEREAS, Annie Subdivision Phase IV Owner's Association was created by an amendment separating the association from Annie Subdivision Phases IIIA, IIIB and IIIC, so that Annie Subdivision Phase IV Owner's Association is a separate 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, March 1, 2022 2768756 Conditions and Restrictions for Annie Subdivision, Phase IV WHEREAS, Phase IV may be further subdivided and developed. WHEREAS, this Amendment shall only apply to Lots within Phase IV. 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. Sixty percent (60%) of Lot Owners of the Annie IV Homeowners Association voted, by written vote, in favor of amending Amendment 1, Article VIV Section 3, shall be amended in its entirety to read as follows: Section 3. Minimum Residence Requirements. Except for the allowable square footage on a second story as defined above, all square footage requirements must be at or above grade and exclude basements, garages carports, porches, etc. It is the intention of this Covenant to ensure that all dwellings shall be of a quality workmanship and materials substantially the same as or better than other dwellings in the development. All plans must be approved by the Board of Directors or their assigned representatives as set out in Article II Section 2. Amendment 2. Sixty percent (60%) of Lot Owners of the Annie IV Homeowners Association voted, by written vote, in favor of amending further Amendment 2,Article VIV Section 5, shall be amended to include the as follows: Section 5. Roofs of Structures. The roofs shall be covered with shakes, asphalt shingles, tiles, or shingles and no rolled roofing shall be allowed. Exposed aluminum or silver flashing around the chimneys or roof valleys shall not be allowed unless colored, textured or painted to match the roof design and color. Rain gutters are allowed, provided the same are colored to match the trim or color of the roof Steel galvanized gutters are not allowed. Further, all structures shall be constructed so that the roof overhand and gable ends are a minimum of 12 inches. Amendment 3. Sixty percent (60%) of Lot Owners of the Annie IV Homeowners Association voted, by written vote, in favor of amending Amendment 3, Article VIV Section 6, shall be amended in its entirety to read as follows: Section 6. Color of Structures. No bright or shiny colors or exterior siding shall be allowed. For example, bright oranges, royal blues, pinks, purples and like bright colors are not allowed. Colors are to be compatible with the balance of the neighborhood. Amendment 4. Sixty percent (60%) of Lot Owners of the Annie IV Homeowners Association voted, by written vote, in favor of amending Amendment 4, Article VIV, Section 7, shall be amended in its entirety to read as follows: Section 7. [Rescinded]. Amendment 5. Sixty percent (60%) of Lot Owners of the Annie IV Homeowners Association voted, by written vote, in favor of amending Amendment 5, Article VIV, Section 8, shall be amended in its entirety to read as follows: Section 8. Entrances. The main entrance to the living structures constructed on the real property which is the subject of this declaration shall be architecturally defined and enhanced by incorporating an entry porch or gable extending over the entrance denoting a sense of arrival. Amendment 6. Sixty percent (60%) of Lot Owners of the Annie IV Homeowners Association voted, by written vote, in favor of amending Amendment 6, Article VIV, Section 9, shall be amended in its entirety to read as follows: Section 9. [Rescinded]. Amendment 7. Sixty percent (60%) of Lot Owners of the Annie IV Homeowners Association voted, by written vote, in favor of amending Amendment 7, Article VIV, Section 10, shall be amended in its entirety to read as follows: Section 10. [Rescinded]. Amendment 8. Sixty percent (60%) of Lot Owners of the Annie IV Homeowners Association voted, by written vote, in favor of amending Amendment 8, Article IX Definitions, Section 1, shall be amended in its entirety to read as follows: Section 1. Residence Occupancy Restrictions. No residence or other structure erected on the real property, which is the subject of this Declaration, shall be used for any business type activity. It is the express intent to the Declarant that the real property, which is the subject of this Declaration, be devoted to creating a neighborhood consisting of single-family residential units. Amendment 9. Sixty percent (60%) of Lot Owners of the Annie IV Homeowners Association voted, by written vote, in favor of amending Article IX, Section 6, shall be amended in its entirety to read as follows: Section 6. Offensive Activity. a. No noxious odors or offensive activity shall take place upon any portion of the above-described property, nor shall anything be done thereon which may be, or may become, an annoyance to the neighborhood. b. No fireworks of any kind may be bought brought into, discharged or stored on the above-described property. C. No firearms shall be discharged on the above-described property Any violation of city ordinances, zoning or other regulations shall be a violation of these covenants and can be enforced by the Association or individual Lot Owners. Amendment 10. Sixty percent (60%) of Lot Owners of the Annie IV Homeowners Association voted, by written vote, in favor of amending The Declaration of Covenants, Conditions and Restrictions for Annie Subdivision Phase IV to Add Article XII-Gallatin County Plat Approved Covenants. Article XII-Gallatin County Plat Approved Covenants Section 1. Noxious Weeds. The following covenants are required by Gallatin County per the plat approvals for the Property. a. The control of noxious weeds by the Property Owner's Association on those areas for which the Association is responsible (right(s)-of-way, easement(s), parks, and any other common areas) and the control of noxious weeds by individual owners on their respective lots shall be set forth and specified under the Montana Noxious Weed Control Act(MCA 7-22-2101 through 7-22-2153) and the rules and regulations of the Gallatin County Weed Control District. b. The control of Noxious Weeds is the responsibility of the Property Owner whether the lot is improved or unimproved, and shall be as set forth and specified under the Montana Noxious Weed Control Act(MCA 7-22-2101 through 7-22-2153 as amended) and the rules, regulations and management Plans of the Gallatin County Weed Control District. c. The Property Owner shall be responsible for the control of state and county-declared noxious weeds on his or her lot, and the Subdivision road right-of-way and/or road easement(s) adjoining their property. In the event a Property Owner does not control the noxious weeds, after 10 days notice from the Property Owners Association,the Association may cause the noxious weeds to be controlled. The cost and expense associated with such weed management shall be assessed to the lot and such assessment may become a lien if not paid within thirty (30) days of the mailing of such assessment. d. Nothing herein shall require or obligate the Gallatin County Weed District to undertake any management or enforcement on behalf of the Property Owners Association or Property Owners that is not otherwise required by law, or the rules regulations, and management Plans of Gallatin County Weed District. Signatures on the following pages: IN WITNESS WHEREOF IN WITNESS WHEREOF, we certify that this Amended Declaration for the Annie Subdivision was adopted, in writing, by sixty percent (60%) of the Owners. ATTEST: /'-7WS'SZy , Chairperson STATE of MONTANA ) ss. County of On this 6112 day of Gt.101Zc� , 20= , before me, a Notary Public in and for said State, personally appeared A,&A7u.t.sr'-�t.e_U as the Chairperson of the Annie Phase IV Owner's Association, Inc. and acknowledged to me that he executed the same on behalf of the corporation pursuant to the power and authority vested in him. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial seal the day en above. Z�`- KATE L BURTON Notary Public �R<• :for the state of Montana ri* -- = Residing at: .SEAL..',* Bozeman, Montana [print name] Notary Public for the State of Montana '9pfi µ ,> My Commisslo►YExpires: Februa►y 27,2026 Residing at: My commission expires: a afi ac a to STATE of MONTANA ) ss. County of On this 7 day of 20Z2-. before me, a Notary Public in and for said State, personally appear dGIMAI h,N,_ as the Secretary of the Annie Phase IV Owner's Association, Inc. and acknowledged to me that he executed the same on behalf of the corporation pursuant to the power and authority vested in him. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial seal the day and year written above. "�'r� KATE L BURTON l:ro'%; Notary Public aOTAHrq�2 for the state of Montana [print name] = Residing at: SEAL.' Bozeman, Montana Notary Public for the State of Montana '9oFP' My commission Expires: Residing at: , February 27,2026 My commission expires: ala-�/ao� ��