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HomeMy WebLinkAbout22 - Declarations - Canyon Gate Investors, LLC - Canyon Gate Subdivision Original to: City of Bozeman City Clerk 2774188 PO Box 1230 Bozeman,MT 59771-1230 Eric Semerad - Gallatin Cou22 nty, AM Fee M$SC ©C 111111111111111111111111111111111111111111111 lllll li l l l l l l l l l l l l l 1111111111 IN III I CANYON GATE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS This Declaration is made this JZ day of %1 , 2022 by Canyon Gate Investors,LLC, of 111 W. Lamme Street, Suite 101, Bozeman, zeman, MT 59715, herein referred to as "Declarant." RECITALS A. Declarant owns certain real property located in Gallatin County,Montana, and more particularly described as follows: A description of land being the SE '/a of Section 31 and the SW 1/a of Section 32, Township 1 South,Range 6 East, Principal Meridian Montana, Gallatin County, Montana. Beginning at a point (P.O.B), which is the Northwest Comer of said COS No. 2408 and a point on the N/S line between Sections 31 and 32 of said Township and Range and the centerline of Story Mill Road. • thence, S 881 15' 30" E, along the south boundary of Legends at Bridger Creek Subdivision and the north boundary of said Tract 7B, a distance of 1314.68 feet to a point being the Northeast corner of said Tract 7B; • thence, along the east line of Tract 713, also the West line of Legends at Bridger Creek Subdivision II,Phase 1, S 00' 06' 32" W, a distance of 650.92 feet to a point on said line; • thence, along said lines, S 01° 47' 33" W, a distance of 62.90 feet to a point being the SE comer of said Tract 7B;] Canyon Gate Declaration of Covenants, Conditions and Restrictions 1 2774188 Page 2 of 5 04/28/2022 1 1 :28:26 AM • thence, N 881 19' 21" W, along the North Line of MT. Baldy Subdivision and the South line of said Tract 7B, a distance of 817.12 feet to the NE corner of the West 33.34 feet of Lot 45 of the MT. Baldy subdivision; • thence, S 01° 44' 26" W, along the east line of said Lot, a distance of 260.01 feet to a point; • thence, N 88' 17' 19" W, a distance of 491.61 feet to a point on the line between said Sections 31 and 32 (aka the center line of Story Mill Road); • thence, leaving said section line and along the North ROW of Bridger Drive being the South boundary of Tract A of COS 1815, N 88' 30' 52" E, a distance of 40.01 feet a point at the intersection of said ROW, South Line and the West 40' ROW of said Story Mill Road; • thence, leaving said Bridger Drive ROW and continuing N 00" 18' 18" E, a distance of 321.05 feet along said West ROW of Story Mill Road and through Tract A of COS 1518 to a point being the said West ROW and the Southeast ROW corner of Tract D of the Osborne Subdivision; • thence along said West ROW of Story Mill Road and along the East boundary line of Tracts A,B, C and D of said Osborne Subdivision, N 00' 18' 18" E, a distance of 652.19 feet to a point being the NE corner of said Tract A of said subdivision and the intersection of the West ROW of Story Mill Road and the south ROW of Boylan Road; • thence along said south ROW, N 88' 53' 53" E, a distance of 40.01 feet to the P.O.B. Said area being 1,107,450 square feet or 25.42 acres more or less, along with and subject to all easements of record and all as depicted on the attached Exhibit A (the "Canyon Gate Annexation Property." B. As a condition of approval for the annexation of the Canyon Gate Annexation Property, City of Bozeman application number 21-337, the City of Bozeman required the Declarant to record a covenant running with the land pursuant.to the terms of the Canyon Gate Annexation Agreement; and C. To satisfy the requirement of the Canyon Gate Annexation Agreement, the Declarant desires to place beneficial covenants, conditions and restrictions upon the Canyon Gate Annexation Property for the use and benefit of Declarant and for the use, benefit and protection of the future owners thereof and the City of Bozeman. NOW, THEREFORE, Declarant hereby declares that all the property within the Canyon Gate Annexation Property as described above shall be held, sold, and conveyed subject to the following COVENANTS, CONDITIONS and RESTRICTIONS, all of which are for the purpose of enhancing and protecting the value,desirability, and attractiveness of the real property by providing a reasonably uniform plan for its development as a desirable development. These Covenants, Conditions and Restrictions shall run with the real property and shall be binding upon all owners thereof, and shall inure to the benefit of and be binding upon each successor in interest to the owner thereof. Canyon Gate Declaration of Covenants, Conditions and Restrictions 2 2774188 Page 3 of 5 04/28/2022 1 1 :28:26 AM 1. Height and Bulk Limitations. In order to advance the goals of the Bozeman Community Plan 2020, Theme 2,notwithstanding any provision to the contrary as set forth in the City's regulations for its zoning districts, within the Canyon Gate Annexation Property, and as depicted on the Canyon Gate Annexation Zone Map Amendment, Ordinance 2099: A) except for the specific building height limitations in subsection C,the maximum height of structures located within the entire project is limited to a maximum of 50 feet or 4 stories, whichever is greater; B) the building footprint of each building within the B-2M zoning district is limited to a maximum of 25,000 square feet per building; and C) buildings within the northern 100 feet of the B-2M zoning district shall be limited to residential purposes only and limited to a maximum height of 36 feet for structures with a flat roof and a maximum height of 46 feet for structures with a pitched roof. 2. Provision of Income Restricted Housing. In order to advance the goals of the Bozeman Community Plan 2020, Declarant agrees to provide within the R-5 zoning area within the Canyon Gate Annexation Property, a minimum of 60 housing units that are priced no greater than 120% of Area Median Income at an interest rate of 3.5% per the matrix set forth in Exhibit B. As determined by the City, a one person household includes studios, two person household includes one bedroom units, a three person household includes two bedroom units, and four person household includes three bedroom units. The sale and management of the income restricted housing units shall be administered by a community land trust or other entity acceptable to the City. Declarant shall begin construction of the income restricted housing prior to any vertical construction within the B2M zoning district and shall complete all 60 units within 24 months after commencing construction. 3. Duration. The covenants,conditions, and restrictions of this Declaration shall run with and bind the land in perpetuity and shall inure to the benefit of Declarant, each owner of property, the City of Bozeman, and their respective legal representatives, heirs, successors, or assigns, subject to the right of amendment provided in this Article. 4. Amendment. A)This Declaration may be amended upon the written approval of the property Owners comprising fifty-one(51)percent of the area of the non-public real property within the Canyon Gate Annexation Property; provided, however, that any amendment is prohibited without the consent and approval of the City of Bozeman; or B) As the primary beneficiary of this covenant,this declaration may unilaterally be released in whole or part by the City of Bozeman after 15 calendar days' notice to the Owners of property within the Canyon Gate Annexation Property. The City must determine the form of notice. C) Any amendment shall become effective only upon the filing of such amendment in the records of the Clerk and Recorder of Gallatin County, Montana. 5. Enforcement. The Declarant, the City of Bozeman, or any owner of real property within the Canyon Gate Annexation Property may take action to enforce the provisions of this Declaration. Enforcement may be by injunction, declaratory judgment, action for Canyon Gate Declaration of Covenants, Conditions and Restrictions 3 2774188 Page 4 of 5 04/28/2022 112826 AM damages, or any other legal claims, all of which shall be cumulative and non-exclusive. The prevailing party in any action shall be entitled to recover, in addition to other damages, its reasonable litigation expenses, including attorney's fees, as may be awarded in the judgment of the court. 6. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect. IN WITNESS WHEREOF the DECLARANT has signed this instrument and arranged for its recordation in the real property records of Gallatin County, Montana. LANDOWNER CANYON GATE INVESTORS, LLC a Montana limited liability company By: CANYON GATE PARTNERS,LLC a Montana limited liability company,its Managing Member By: Andrew Holloran, Manager STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this .3 day of rY f-c)k- - , 202a_, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Andrew Holloran, as Manager of Canyon Gate Partners, LLC, the Managing Member of Canyon Gate Investors, LLC, known to me to be the landowner that executed the within instrument, and acknowledged to me that they executed the same for and on behalf of landowner. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. � LAUREN J CUMMINGE Notary Public for the State of Montana * : Residing at: ��•� AL•'J. = Bozeman, Montana Pam y�oF MC�`` My Commission Expires: September 04.2023 u 1C to of Montana Canyon Gate Declaration of Covenants, Conditions and Restrictions 4 2774188 Page 5 of 5 04/28/2022 1 1 -.28-.26 AM CITY OF BOZEMAN f J Mihelieh, City Manager ATTEST: City Clerk STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this I LA day of Apo l_ , 2022L, before me, a Notary Public for the state of Montana,personally appeared Jeff Mihelich and Mike Maas,known to me to the persons described in and who executed the foregoing instrument as City Manager and City Clerk respectively, of the City of Bozeman,whose names are subscribed to the within instrument and acknowledged to me that they executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) Notary P lic for the tate of Montana 'oR c+lq,y TAYLOR CHAMBERS �`•' ,;p: Notary Public +-�•NOTnNrq<;� for the state of Montana * SI:AI, `= Residing at: 9•. . Bozeman, Montana oF Mo MY Commission Expires: January 12,2025 Canyon Gate Declaration of Covenants, Conditions and Restrictions - 5 -