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HomeMy WebLinkAbout6.0_Draft_Covenants1 AMENDED PLAT OF LOT 1, BLOCK 1, THE PARKLANDS AT VILLAGE DOWNTOWN SUBDIVISION COVENANTS 2 DECLARATION OF COVENANTS & RESTRICTIONS FOR AMENDED PLAT OF LOT 1, BLOCK 1, THE PARKLANDS AT VILLAGE DOWNTOWN SUBDIVISION THIS DECLARATION OF PROTECTIVE COVENANTS is made this ______ day of ____________, 2022 by Village Investment Group, Inc., hereinafter also referred to as "Declarant"; W I T N E S S E T H : WHEREAS, Declarant is the owner of the following described property situated in City of Bozeman Gallatin County, Montana: Lot 1, Block 1, The Parklands at Village Downtown Subdivision located in Section 8, T2S, R6E, City of Bozeman, Gallatin County Montana [plat reference; ] WHEREAS, Declarant intends to develop, sell and convey the above-described real property, hereinafter referred to as "Block 1"; and, WHEREAS, Declarant desires to subject all of said real property, together with the lots contained therein, to the covenants, conditions, restrictions and reservations herein set forth and referred to as "Covenants”; and NOW, THEREFORE, Declarant does hereby establish, dedicate, declare, publish and impose upon the property the following Protective and Restrictive Covenants, which shall run with the land, and shall be binding upon and be for the benefit of all persons claiming such property, their grantors, legal representatives, heirs, successors and assigns, and shall be for the purpose of maintaining a uniform and stable value, character, architectural design, use, and development of the property. Such Covenants shall apply to the entire property, and all improvements placed or erected thereon, unless otherwise specifically accepted herein. The Covenants shall inure to and pass with each and every parcel, tract, lot or division. Said Covenants shall be as follows: Article 1: Purpose The purpose of these Covenants for Block 1 is to protect and enhance the Block 1 neighborhood. 3 Article 2: Property Subject to Covenants and use All property, lots and structures within Block 1 are subject all of the obligations, terms, and conditions of the recorded Parkland Covenants, recorded in the office of Gallatin County Clerk and Recorder as Doc. No. ________. Every lot within Block 1 shall have an ADU, as defined by the City of Bozeman municipal code, which is permitted separately from the principal structure. The City of Bozeman will not issue building permits for any of the Block 1 lots unless proportionate ADUs are built. Each ADU counts toward the minimum density requirements for the Block 1 subdivision. Article 3: Association There shall not be a separate association for Block 1. Each lot within Block 1 is included in The Parkland Association. Membership in The Parkland Association as is described in the recorded Parkland Covenants. Article 4: General Restrictions, Association Obligations and Responsibilities & Notices All lots and structures within Block 1 are subject to the General Restrictions, Association Obligations and Responsibilities as set forth in the recorded Parkland covenants. Article 5: Disputes, Enforcement, & Fines Disputes, enforcement and fines within Block 1 are subject to provisions of the recorded Parkland covenants. Article 6: Term and Amendments All the limitations, conditions, and restrictions contained in these Block 1 Parkland Covenants shall run with the land and shall be binding on all parties and persons claiming under them for a 10 year period beginning at the date of filing of this document, at which time the same shall be automatically extended for successive periods of 10 years, unless the record Owners of lots not less than one-hundred percent (100%) of the total votes record an instrument modify, amend or terminate the same after having received written approval to do the same from the governing body of the City of Bozeman. [signatures to follow] 4 IN WITNESS WHEREOF, Declarant has hereunto set its hand as of this ______ day of _________________, 2022. DECLARANT: _________________________________ Village Investment Group, Inc. Title: ____________________________ STATE OF _____________ ) :ss County of ____________ ) On this ______day of ________________, 2022, before me, a Notary Public of the State of ____________, personally appeared _____________________ known to me to be the person described in and who executed the foregoing instrument as _____________________________________ of Village Investment Group, Inc. whose name is subscribed to the within instrument and acknowledged to me he/she executed the same for and on behalf of the corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. ________________________________________ Printed Name: ___________________________ NOTARY PUBLIC for the State of: _________