HomeMy WebLinkAboutWarranty Deed 07- Declaration of Protective Covenants for Open Space and Voluntary Conservation Act for Gallatin County Regional Park Parcel 1 and 2 COS 2457
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Security Title Company
P.O. Box 6550
sozema. n, .M.T 59771-6550
[2;>...1ff1- - b07 D'-/-94
Char laUe Mill.&=-GaU.a.1.in Cc...M MISC___ 22....f!O
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DECLARATION OF PROTECTIVE COVENANTS i .f" ,a'f '$
FOR OPEN SPACE LAND AND VOLUNTARY CONSERVATION ACT f_~:T,
FOR THE GALLATIN COUNTY REGIONAL PARK-GALLATIN COUNTY,
MONTANA
THE CITY OF BOZEMAN, MONTANA, a political subdivision of the State of
Montana, by and through its City Council, hereinafter referred to as the "Declarant,"
states as follows in regard to real property owned by the Declarant, more particularly
described as:
Parcel 1 and Parcel 2 of COS 2457, a tract of land located in the SE1I4 of Section 7,
Township 2 South, Range 6 East, P.M.M., Gallatin County, Montana.
Hereafter referred to as the "Property".
WHEREAS, Declarant obtained fee simple title to the Property on May 22, 2007 with
proceeds partially provided by Gallatin County using proceeds of bonds issued under the
authority, inter alia, of the Montana Open Space and Voluntary Conservation Easement
Act, Title 76, Chapter 6, Montana Code Annotated ("The Act"); and
WHEREAS, in its April1.S~007, order authorizing the Declarant's purchase of the
Property and the use of County bond proceeds, the Board of County Commissioners
conditioned said purchase and contribution on recording a covenant, running with the
land, restricting the use of the Property consistent with The Act; and
WHEREAS, Declarant has agreed that the Property shall only be used as 'Open-space
land' in accordance with The Act, its purposes, findings and policy."; and
WHEREAS, MayZZ., 2007, Declarant completed the purchase of the Property from The
Trust for Public Land for the purpose of dedicating the Property for the use of parkland to
benefit the public; and
WHEREAS, the purpose of this declarative covenants is to preserve the Property as
"Open-space Land" in accordance with The Act as further described below; and
NOW THEREFORE, Declarant does hereby amend, make, and declare the Property as
"Open-space Land" in accordance with The Act, to be placed upon the Property as set
forth below.
1. These Covenants shall attach to and run with the Property subject to these
covenants and shall constitute an equitable servitude upon the Property and every
part of it, including all titles, interest and estates as may be held, conveyed,
owned, claimed, devised, encumbered, used, occupied and improved.
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These Covenants are declared for the benefit of the entire Property and every
part of it and for the benefit of any owner. They shall constitute benefits and
burdens to Declarant and to all persons or entities hereafter acquiring any
interest in the Property.
2. The following restriction shall apply to the Property:
a. The Property shall only be used as "Open-Space land" in accordance with
The Act, its purposes, findings and policy.
3. These Covenants shall continue in full force and effect and shall run with the land
as a legal and equitable servitude in perpetuity unless amended in accordance with
The Act. If the Act is amended, revoked or rescinded or determined invalid these
Covenants may be modified consistent with the same.
4. Determination of invalidity of any portion of these Covenants shall not in any
manner affect the other portions or provisions.
IN WITNESS WHEREOF, the undersigned hereby certifies that this Declaration of
Covenants for Open Space Lands and Voluntary Conservation Act for the Gallatin
County Regional Park- Gallatin County, Montana has been approved and duly adopted.
This
st
\ day of May, 2007.
The City of Bozeman
By:~A-~
Title: C ;~ M a.no.j €\
On this 1st day of May, 2007, before me a Notary Public for the State of
Montana, personally appeared Chris A. Kukulski,known to me to be the
City_ Manager of the City of Bozeman.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal the
day and year in this certificate first above written.
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"'"'';'~'''';;''''''' Kenlynn A. Erlc_ Signature ~,^" ~.~
/'0""..... .101-:'\ Notary PUbIiCp' dN. \/_ \ J. .
f0:>;l-OTARI4/.'..'b%, for the State uf MdnraJ~M ame _LL ,.7\ I Ic.-~"'t--
~ ';: u_ : ~ ~ Residing atNota for the State of Montana
\<P;..SEAL.~/ Belgrade, Mont~'d t "":'2 _ '..... _ _t . ~( .
"":l;i . . . - df.'?'~~~ My Commission ~mr~: ng a \2tC-- \\.f;~ .... \.A.^.
""'",ff:, ~"""""" November 4, 20M c mmission expires \ \. -4- '2i:::iJ'I
State of Montana
County of Gallatin