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HomeMy WebLinkAbout72- Covenant with Dan Brutger (2) .. " - - ..., .. ~.. ~ .. .. _ ( I .. COVENANT r IU~ 16 'M'E 377 Dan J. Brutger, Incorporated, hereby covenants and agrees with the City of Bozeman, Montana, a municipal corporation, that if Dan J. Brutger, Incorporated acquires the premises hereinafter described, and when and if the said City re-zones said premises to permit apartments to be erected thereon, Dan J. Brutger, Incorporated, will not construct more than 124 apartment units on said premises and will conform to the height limitations as set forth in the Zoning Ordinance existing on the date hereof. Further, if construction of apartment units is not commenced within one year after said re-zoning, the zoning may then revert to the present residential classification, otherwise, this Covenant shall run with said premises, which said premises are described as follows: All that part of the West half of the Southwest Quarter (W ~ of the SW ~) of Section Twelve (12), in Township Two (2) South, Range Five (5) East of the Montana Principal Meridian, included within the following metes and bounds, to-wit: Commencing at the Southwest corner of said West half of the Southwest Quarter of said Section Twelve; thence running North 1333.1 feet; thence East 336.95 feet; thence South 1333.1 ,feet, to a point 333.6 feet due East of said . Southwest corner of said West half of the Southwest Quarter of said Section Twelve; thence West 333.6 feet to the place of beginning. Less a tract of land 'in the SW~ of the SW~ of Section 12, T2S, R5E and being more particularly described by the following metes and bounds, to-wit: Beginning at the section corner common to Sections 11, 12, 13 and '14, of said Township and Range. Thence North 00 19' East along the West line of said Section 12, a distance of 196.00 feet, thence South 890 45.7' East a distance of 334,.52 feet, thence South 00 31' West a distance of 196.00 feet to the South line of said Section 12, thence North 890 4.5.7' West along said South line, a distance of 333.32 feet to the point of beginning, containing 1.5025 acres, more or less, according to the plat. ~ . ' I . I l I , .. r i /"tr-L J. l~fl/,. Dated this 20th day of September, 1972. U ...........t11Io..j/.~........~r~;..'~' .." 't'/:~ foj-"'.v::.::.."> : .'..... " { 1:,'..., .....-. - '.. DAN J. '/l _ ~l .~; ': ~ :';1: 1 ;oIn presence of: ~~}-:>~.~ 1t ~ ~ " ~.'I "i .:._; J1} ..- ~: ' ........... ~ "'..~ ;...,. ... , ; #- """'~,,"S:j~~~~,~,," ~ ~~ J STATE OF MINNESOTA ) ) ss COUNTY OF Benton ) On this 20th day of September , 1972, before me, a Notary Public within and for said County, personally appeared Gary W. Nelson and Jerry W. Severson to me personally known, who, being each by me duly sworn they day say that they are respectively the Vice President and the Treasurer of the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors and said Gary W. Nelson and Jerry W. Severson acknowledged said instrument to be the free act and _ deed of said corporation. . " /,,, :;4&- .,tr.:f' -I . '". "rt.i~As..;...,rr"IfI""''''-6J''" . Notary 1M ,.' . S~, 1JN. ~.4~1!;r. NOTARY PUBLIC, MINNESOTA ;:: -.'""~: My comm \ expi:rQf/tlTON COUNTY ~ 'NDEXED h""" My Commission l:.XPlres~~ '\.ATTED )l(n~ i " . ~ THIS INSTRUMENT WAS FILED FOR RECORD IN THIS OFFICE ON THE ,; <.:. October 72 OFFICE OF COUNTY RECORDER, ____mn:J:l_mmm DAY OF n_.._n..m_______nmm___________..-__________..m___________' A.D., 19 _______._n_' STATE OF MONT ANA SS. AT ._.__4_:)g._______.f.. .M" AND WAS DULY RECORDED IN BOOK -----_.~-~---..... --- COUNTY OF GALLATIN, OF .m.....___M.l.~.CELL.AN.EQ.U.S."..______m.._.;--- RECORDS, PAGE __...__37.7.______..... Fee $..."'.~........... ............CARL...L.......g.T.\LC!\.X...........RECORDER. By~d.~...DEPUTY Rt : City of Bozeman ~2