HomeMy WebLinkAbout2701717 - Lot merger agreementLot Merger Agreement
This Agreement is entered into on this 10 day of ,2020,by and
between .Hannah House,..Inc.(hereinaftercalled"Pr perty Owner")with address of
1627.W.Main $t.PMB 249 Bozeman,MT 5971$and the Cityof Bozeman,(hereinaftercalled
"City")a self-governingMontana municipalitywith address of 121 North Rouse.Ave.,P.O.Box
1230,Bozeman,MT 59771.
For good and valuableconsideration,Property Owner and Cityagree as follows:
1.Property Owner isthe currentowner of the realproperty inthe Cityof Bozeman located
at 418 W.Garfield
and legallydescribed as:
CAPITOL HILL ADD,.S13,T02.S,..RO$E,BLOCK 34,ACRES 0.303,E 88'LÓTS 19 -24 &
CAPITOL HILLADD,513,T02 S,Rd5 E,ltOCK 34,Lot 1 -.4 ACRES a 386 City of
Bozeman,GallatinCounty,Montana (the"Property").
2.The Property consistsof more than one contiguous lotsor portionsof lotsallof which
are located in a residentialzoning districtof the City and were platted priorto the
adoption of zoning regulationsby the Cityof Bozeman.
3.The lotsmaking up the Property currentlyserve a singleprincipaluse as described by
Bozeman Municipal Code Section 38.7Ò0.150 and the Property owner desires to
continue to use the above described Property as a singleprincipaluse.
4.The Property Owner has submitted an applicationto the City of Bozeman for a 24
person group..livingsiteon two lots.consisting.of one..buildingwith associated open
space and.parkingwhich was approved on .,2020;Application20170.
5.Bozeman Municipal Code section 38.320 detailsrequired setbacks from allproperty
lines-tobuildingson a residentiallyzoned lotunless an administrativeremedy granted
by the Cityalterssaidstandards.
6.Each of the above described lotsiseither(i)not subjectto liensor mortgages,or (ii)any
such liensor mortgages apply ecjuallyto allofthe above described lots.
7.Merging the above described lotsforpurposes of development ofthe Property as one
parcelwould ensure the above describeddevelopment proposed by the Property
Owner and as approved by the Citycomplies with the Bozeman Municipal Code zoning
and buildingregulationsregardingconstructionacrosslotlines.As such,forthe
2701717 page i of4
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Code),allinteriorlotlinesidentifyingindividuallotsthatmake up the Property,as
shown on the referenced subdivisionplat,shallno longerbe considered as lotlinesfor
any zoning,subdivision,or buildingpurpose,and the lotsthat make up the Property
shallbe considered a singlelot.This document isnot an instrument of conveyance;as
such,forpurposes of Sect.76-3-103(16)(c),MCA,thisAgreement isnot intended to act
as a merger of the underlyingparcelsof land.
8.The parties hereby agree that the lots shall not be unmerged or developed
independently without the approval of the City and only in compliance with the
standards and procedures of the Bozeman Municipal Code and the Montana Code
Annotated.
9.This agreement shallbind future use and development of the lotsand shallsurviveany
conveyance by the Pröperty Owner to any other party or purchaser and shallremain in
effectdespiteany separate conveyance ofthe individuallotsmerged by thisAgreement.
10.This Agreement shallnot affectthe legaldescriptionor titleto the lotsmaking up the
Property and isnot intended to affectthe treatment of the lotsthat make up the
Propertyforpurpose oftaxation.
11.The terrnsand conditionscontained herein shallrun with the land and bind the Property
and shallinure to the benefit of and be binding upon the partieshereto and their
respectiveheirs,successors,and assigns.
12.This Agreement shallbe recorded at the GallatinCounty Clerk and Recorder at the
expense of the Property Owner.A recorded copy shallbe returned to the City of
Bozeman Department of Planningand Community Development.
13.The partiesacknowledge they have the legalauthorityto enter intothisAgreement.
Dated this lÛ day of ,2020.
Page 2 of4
PROPERTY OWNER
TITLE:
STATE OF l\A0n¥Cwm.)
:ss
County of fmCL\l(Atih )
On this 10 day of /)4qfust2020,before me,a Notary Public of the State of
AA0ntunA,personallyappeared Mari%ne Liebmannknown to me to be the subdivider
that executed the foregoing improvements Agreement,and acknowledged to me that (s)he
executed the foregoing instrument as pitSidt of
1Annah MOVSt Inc3 and acknowledged to me that (s)heexecuted the same forand on behalf
of ¼nrA¼Anon Al-·
IN WITNESS WHEREOF,Ihave hereunto set my hand and affixedmy NotarialSealthe
day and year firstabove written.
NA MOSEMAN
R fortheStateo ontana
*.SËÃL Belgrae,on ana
./My CommissionExpires:Notary Publicforthe Stateof
May 18,2024 Residingat
My Commission Expiress.
(Use 4 digitsforexpirati6nyear)
Page 3 of4
CITY OF BOZEMAN
Ma Matsen,mmunity Development Director
STATE OF MONTANA )
:ss
County of Gallatin )
On the day M of ,2020,before me,a Notary Public
forthe State of Montana,personallyappeared Martin Matsen,known to me to be the person
described in and who executed the foregoing instrument as Community Development Director
of the Cityof Bozeman,whose name issubscribed to the within instrument and acknowledged
to me that he executed the same forand on behalfof saidCity.
IN WITNESS WHEREOF,Ihave hereunto set my hand and affixedmy sealon the day and
year firstwrittenabove.
(SEAL)/
.,SHANNONLKLOOSTERHOF Printed.·NotaryPubbe
o A fortheStateofMontana Name 1Mnnon L ¼\co
Residingat:
*SEAL sozernan,Montana Notary PublicforStateof Montana
2 Residingat:Bozeman,Montana
Commission Expires:3·M'7,UL)
(Use 4 digitsforexpirationyear)
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