HomeMy WebLinkAboutCondo Declaration and Bylaws for Public Safety Condominiums (Fire Station 3 & 911)A
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Charlotte Mills -Gallatin County, MT MISC
IIIIIN 11111 III IIIII IIII Ilnlll 111111 IIII IIII INII IIIII 1111111 III IIIII IIII IIII
CONDOMINIUM DECLARATION
AND BYLAWS
FOR
PUBLIC SAFETY CONDOMINIUMS
CERTIFICATE OF NAME
The undersigned being the duly authorized agent of the Department of Revenue of the
State of Montana within the County of Gallatin, herewith executes the following certificate
relating to PUBLIC SAFETY CONDOMINIUMS situated on the real property as follows:
Tract 3A-1 of Certificate of Survey No. 2202B situated in the NE'/o of Section 3, T2S, RSE,
P.M.M., City of Bozeman, Gallatin County, Montana
1. That the name "PUBLIC SAFETY CONDOMINIUMS" is not the same as,
similar to or pronounced the same as a word in the name of any other property or subdivision
within Gallatin County; and
2. All taxes and assessments due and payable for the said PUBLIC SAFETY
CONDOMINIUMS have been paid to date.
Dated: ~Gt~
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County Assessor/Department of Rev ue
CERTII~'ICATE OF FLOOR PLAN
The undersigned, being a duly registered architect in the State of Montana, herewith
certifies the following:
That the floor plans for PUBLIC SAFETY CONDOMINIUMS, situated on the real
property described as follows:
Tract 3A-1 of Certificate of Survey No. 2202B situated in the NE'/4 of Section 3, TZS, RSE,
P.M.M., City of Bozeman, Gallatin County, Montana,
on file and of record in the office of the County Clerk and Recorder of Gallatin County,
Montana, as duly filed with the Declaration and Bylaws thereof as set forth in Exhibit B, fully
and accurately depict the layout, location, unit designation and dimensions as built of PUBLIC
SAFETY CONDOMINIUMS. Such floor plans render hand. representation of the actual
building.
Dated: ~~.y 2/~ Zoo f
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Registered Architect
Number: /8~8
CERTIFICATION OF LOCAL GOVERNMENT
I, f'1~j~~ ~ ,hereby certify that after examination of the condominium
proposal for the PUB I SAFETY CONDOMINIUMS that said condominiums are exempt
from review under §76-3-203, MCA as the proposal is in conformance with applicable local
zoning regulations.
City of Bozem , Monta .~,
Title:/p~~dr ~ / /O1n~'t~''1-„~
DECLARATION FOR
PUBLIC SAFETY CONDOMINIUMS
THIS DECLARATION is hereby made and entered into this 6th day of July, 2009, by
GALLATIN COUNTY, MONTANA of 311 W. Main, Bozeman, Montana 59715, hereinafter
referred to as the "Declazant" whereby lands and property hereinafter described are submitted to
the provisions of Chapter 23, Title 70, MCA, also known as the "Unit Ownership Act" as a
condominium.
The property subject to this Declazation shall be known and referred to herein as PUBLIC
SAFETY CONDOMINIUMS. The address of PUBLIC SAFETY CONDOMINIUMS is 1705
Vaquero, Bozeman, Montana.
I.
Defmitions
Unless the context expressly provides otherwise, the following defuutions shall pertain
throughout this Declaration and in the interpretation thereof
1. Aggregate Voting shall mean the entire number of votes or persons present or
available to vote in a particular circumstance.
2. Public Safety Condominium Association of Unit Owners or Association shall
mean all of the Public Safety Condominium Unit Owners acting as a group and in
accordance with duly adopted Bylaws and this Declaration.
3. Board or Boazd of Directors shall mean the Board of Directors of the Association
as more particularly defined in the Bylaws.
4. Boundary Wall shall mean and consist of that wall which encloses a Unit of the
condominium as shown and set forth on the floor plan on file and of record for
PUBLIC SAFETY CONDOMINIUMS and shall be subject to the terms and
conditions set forth hereafter.
5. Building shall mean multiple unit building or buildings comprising a part of the
property.
6. Bylaws shall mean the Bylaws promulgated by the Association under this
Declaration and the Unit Ownership Act.
7. Common Elements shall mean both general common elements and limited
common elements.
a. General Common Elements include all those elements which are for the
use of all Unit Owners, business invitees, and guests of Unit Owners of PUBLIC
SAFETY CONDOMINIUMS. Specifically included are:
(i) grounds surrounding the building, driveways, the land on which the
buildings are located, paths, sidewalks and walkways, any portion of the
parking areas not specifically allocated to a particular Unit, any irrigation
system placed on the property for landscape maintenance, any portions of
the buildings designated on the floor plans as common to all Units,
electrical, gas, telephone, water and sewer lines and connections serving
all of the Units, landscaping, plants and other materials and improvements
separate from and outside the buildings containing the Units, and other
elements necessary for the safety, maintenance and existence of PUBLIC
SAFETY CONDOMINIUMS in which each Unit Owner shall have his
designated percentage of interest, as set forth in paragraph IV below. The
general common elements maybe further described in Exhibit D.
b. Limited Common Elements as used in this Declaration shall mean those
common elements which are reserved for the use of fewer than all of the owners,
business invitees, and guests of Unit Owners of PUBLIC SAFETY
CONDOMINIUMS to the exclusion of other such owners, business invitees, and
guests. As to any given Unit Owner or Owners, limited common elements shall
mean the common elements which are located within or affixed or appurtenant to
the building containing his Unit, and which are for the use of the Unit Owners,
business invitees, and guests of that Unit in which the elements are located or
situated on the real property known as PUBLIC SAFETY CONDOMINIUMS.
Specifically included are:
(i) parking areas specifically allocated to a particular Unit, flues, chimneys,
ducts, cables, conduits, public utility lines, water, sewer, electrical, gas, cable
television lines, hot and cold water pipes (all such utility pipes and lines are
limited common elements where they service only one or two Units; where they
service all Units, they shall be general common elements), stairways, balconies,
entrances, stoops, furnaces, patios, decks, boilers, hot water tanks, and fixtures, or
other portions of the building servicing only a particular Unit or less than all of
the Units. The percentage of the separate Unit's interest in the limited common
elements shall be computed by determining the number of Units that have use of
the limited common elements and dividing that number into the total value of
those limited common elements. These limited common elements maybe further
described on Exhibit D.
8. Common Expenses shall mean expenses of administration, maintenance, repair or
replacement of general common elements, expenses agreed upon as common by
PUBLIC SAFETY CONDOMINIUMS
DECLARATIONS, Page 6 of 31
the Association of all Unit Owners, and expenses declared common by the Unit
Ownership Act.
9. Condominium Unit shall mean the sepazate condominium Units of PUBLIC
SAFETY CONDOMINIUMS taken together with the appurtenant common
elements and limited common elements and shall differ from the definition of
"Unit" as set forth below.
10. Declaration shall mean this document and all parts attached thereto or
incorporated by reference.
11. Limited Expenses shall mean the expenses attributable to the maintenance, repair
and replacement of limited common elements, and aze expenses only for owners
of Units within the respective building for which the expenses are accrued.
12. Manager shall mean the Boazd of Directors or if the Board of Directors elects a
management corporation, or any other person or group of persons retained or
appointed by the Association of Unit Owners for the purpose of conducting the
day-to-day operations of PUBLIC SAFETY CONDOMINIUMS.
13. Pro shall mean the land, buildings, improvements, and structures thereon,
and all easements, rights, and appurtenances belonging thereto, which aze
herewith submitted to the provisions of the Unit Ownership Act.
14. Recording Officer shall mean the county officer chazged with the duty of filing
and recording deeds, mortgages and all other instruments or documents relating to
this Declaration and the property which is its subject.
15. Unit shall be the sepazate condominium Units of PUBLIC SAFETY
CONDOMINIUMS and is a pazcel of real property including and containing one
or more rooms occupying one or more floors or a part or parts thereof, intended
for any type of independent use, and with one or more direct exits to a public
street or highway or to a common azea or azeas leading to a public street or
highway or, reference to a Unit herein shall be exclusive of the appurtenant
common elements or limited common elements. The Units are shown on Exhibit
B.
16. Unit Designation shall mean the combination of letters, numbers, or words which
identifies the designated Units.
17. Unit Owner shall mean the political subdivision, person or persons owning a fee
simple absolute, or one who is a co-owner in any real estate tenancy relationship
that is recognized under the laws of the State of Montana, in one or more Units of
PUBLIC SAFETY CONDOMINIUMS.
18. Voting Interest shall mean the interest of the Unit Owners to vote in accordance
with this Declaration and the Bylaws of the Association.
PUBLIC SAFETY CONDOMII~IIUMS
DECLARATIONS, Page 7 of 31
II.
Real Estate
Description
The property which is by this Declaration submitted and subject to the Montana Unit
Ownership Act is described in Exhibit "A" attached hereto.
The condominium consists of one (1) building, containing two (2) Units and the
associated common elements set forth in Exhibits C and D. For convenience only, the two Units
shall be individually referred to as the "Fire Station Unit" and "911 Unit," but these names shall
in no way limit their use.
The provisions of this Declaration and the Bylaws shall be construed to be covenants
running with the land, and shall include every Unit and shall be binding upon the Unit Owners,
their heirs, successors, personal representatives and assigns for as long as this Declaration and
Bylaws for PUBLIC SAFETY CONDOMINNMS are in effect.
All owners and purchasers, their heirs, successors and assigns further acknowledge that
while initially there has been constructed one building containing a total of two units that the
initial percentages set forth herein are based upon, that the Unit owners shall have the rights to
expand their Unit, or any portion thereof as follows:
Units may expand up additional levels so long as the structural integrity of the building is
not compromised. Unit Owners who elect to expand shall be required to pay all costs necessary
to upgrade the building so that the entire building is in compliance with all building codes
including, without limitation, any costs necessary to upgrade sprinkler or ventilation systems. In
the event a Unit Owner desires to add or expand a Unit to additional levels or stories, they shall
be required to comply with all land use laws and regulations and obtain all necessary
governmental reviews and approvals prior to proceeding. The right to expand a Unit shall not be
changed, modified or amended without 100% vote of approval of the Unit Owners.
Such an expansion of the Units shall change the respective percentage of ownership of
common elements accordingly since the square footage of the Unit will increase. Any such
subsequent expansion will be encumbered with the terms, conditions, restrictions and provisions
contained and set forth in this Declaration and these Bylaws. This provision is made with the
understanding as referenced herein that any expansion shall cause a modification in the future
and dilution in the future of the percentage of membership interest of the other Unit and the
appropriate amendment to this Declaration and Bylaws setting forth the floor plans and square
footages and new percentages for all of the existing units is filed of record in the Gallatin County
Clerk and Recorder's Office.
All owners and purchasers, their heirs, successors and assigns agree and consent that the
Units described above maybe expanded into the air space above it as set forth above by the
owners of the Unit, their successors or assigns. In this regard, all owners, purchasers, their heirs,
successors and assigns of any Unit or interest in and to the Condominium created hereunder
PUBLIC SAFETY CONDOMII~TIUMS
DECLARATIONS, Page 8 of 31
agree to and do hereby appoint said owners of such Unit or that owner's successor, assign or
designee as having a power of attorney to effectuate the expansion of such Unit. The right to
expand a Unit shall not be changed, modified or amended without 100% vote of approval of the
Unit Owners.
Condominium Units
Each Unit, together with the appurtenant undivided interest in the common elements of
PUBLIC SAFETY CONDOMINIUMS shall together comprise one condominium Unit, and may
be conveyed, leased, rented, devised or encumbered as an undivided condominium Unit.
Encroachments
If any portion of the general common elements or limited common elements encroaches
upon a Unit or Units, a valid easement for the encroachment and for the maintenance of the
same, so long as it stands, shall and does exist. If any portion of Unit encroaches upon the
general common elements, or limited common elements, or upon an adjoining Unit or Units, a
valid easement for the encroachment and for the maintenance of the same, so long as it stands,
shall and does exist. Such encroachments and easements shall not be considered or determined to
be encumbrances either on the general common elements, the limited common elements, or on
the Units for the purpose of marketability of title.
Parking_Areas
The use of all parking areas not designated as Limited Common Elements are set aside
for use of the public as temporary accessing and doing business with either of the Unit Owners.
All other parking areas designated as Limited Common Elements shall be for the exclusive use
of the specific Unit Owner.
Unit Boundaries
Each Unit shall include the part of the building containing the Unit that lies within the
boundaries of the floors (uppermost plane of the slab or sub-floor), walls and ceilings (interior
sheetrock, wallboard or plasterboard plane of floors and ceilings)of the Unit. All lath, furring,
paneling, tiles, wallpaper, paint, finished flooring, and any other materials constituting any part
of the finished surfaces thereof are part of the Unit, and all other portions of the walls and floors
and all other portions of the building including the piping, wiring. heating, ventilation and air
conditioning equipment are part of the common elements.
PUBLIC SAFETY CONDOMINIUMS
DECLARATIONS, Page 9 of 31
III.
Easements Common Elements--Interior Remodeling
Common Element Easements
A nonexclusive right of ingress, egress, and support through the limited common
elements within the buildings is appurtenant to each Unit, and all of the general common
elements are subject to such rights.
Easement for Utilities
Each Unit may have its air space penetrated by electrical wires and lines, gas lines,
mechanical equipment including air handling ducts, hot and cold water lines, waste water lines,
and vents and other utility and mechanical lines, pipes or equipment. Anon-exclusive easement
shall exist through, over and across each Unit for inspection, installation, maintenance,
replacement and repair of such utility lines and mechanical equipment for the use of all of the
Unit Owners or the Unit Owners being serviced by the air space being penetrated by such lines
and/or equipment to a minimum, ingress and egress for the purpose of such inspection,
installation, maintenance, replacement or repair of such easement rights shall only be done under
the direction and approval and with the authority of the Owners Association and/or the Manager
unless any emergency exists in which event any action may reasonably be taken which is
justified under the circumstances to minimize damage which would otherwise occur as a
consequence of such emergency.
Interior Remodeling
Each Unit Owner shall have the exclusive right to paint, repaint, tile, wax, paper, panel,
carpet, brick, or otherwise maintain, refinish and decorate the inner surfaces of the walls,
ceilings, floors, windows and doors bounding his own Unit, and the interior thereof so long as
such Unit Owner does not affect the structural integrity of the building in which his Unit is
located.
IV.
Ownersh~--Exhibits--Use
Percentage of Interest
Each Unit Owner shall be entitled to the exclusive ownership, use and possession of his
Unit. Additionally, each Unit Owner shall have a percentage of undivided interest in the general
common elements of PUBLIC SAFETY CONDOMINIUMS. Such percentage represents his
ownership interest in the general common elements. The percentage of interest in the general
common elements for the respective Unit Owners shall be computed by taking the square footage
of each Unit as of the date of filing this Declaration and dividing it by the total square footage of
all of the ground Units having an interest in the general common elements of PUBLIC SAFETY
PUBLIC SAFETY CONDOMII~iIUMS
DECLARATIONS, Page 10 of 31
CONDOMINIUMS. Such percentage of interest owned by each of the initial Units in PUBLIC
SAFETY CONDOMINIUMS shall be according to the percentages set forth below.
UNIT SQUARE FOOTAGE PERCENTAGE OF INTEREST
DESCRIPTION IN GENERAL COMMON ELEMENTS
Fire Station Unit 11594 71
911 Unit 4789 29%
TOTAL 16383 100%
Notwithstanding any provision in this Declaration to the contrary, it is expressly
acknowledged that any Unit created by this Declaration maybe further expanded into the air
space above it, as set forth herein, and that such an expansion shall increase its percentage
interest as calculated herein and that such expansion shall decrease or increase a Unit's interest
as calculated herein and that such new percentage interests shall be set forth in an amended
Declaration. The right to expand a Unit shall not be changed, modified or amended without
100% vote of approval of the Unit Owners.
Floor Plans and Exhibits
PUBLIC SAFETY CONDOMINIUMS will consist of one (1) building on the real
property described in Exhibit "A" which contains a total of 2 separate Units and the associated
common elements set forth in Exhibits B, C and D as shown on the floor plans or other
schematics attached hereto.
Construction Materials
The principal materials of construction of the Units are concrete for the foundations,
footings, and slabs, steel, structural, wood framing and finish work, sheetrock for the interior,
masonite, rock, steel, and brick and siding for exterior wall surfaces, and asphalt shingles for the
roof of the building.
Use
The use of any Unit shall be for governmental and municipal uses consistent with the
zoning designation of Public Lands and Institutions under the Bozeman Unified Development
Ordinance and any other use allowed under table 18-1 thereof including but not limited to
permitted principal, conditional and accessory uses.
The use of the general common areas shall be for the enjoyment of the Unit Owners,
theirs guests, tenants, lessees, employees and business invitees. The Units and common
elements shall be limited as follows:
PUBLIC SAFETY CONDOMII~TIUMS
DECLARATIONS, Page 11 of 31
a. There shall be no obstruction of the common elements, nor shall anything be
stored in or on the common elements without the prior written consent of the Association.
Each Owner shall be obligated to maintain and keep in good order and repair the interior
of his own Unit.
b. Nothing shall be done or kept in any Unit or in the common elements which will
increase the rate of insurance on the building or contents thereof, without the prior
written consent of the Association. No Unit Owner shall permit anything to be done or
kept in his Unit or in the common elements which will result in the cancellation of
insurance on the building, or contents thereof, or which would be in violation of any law.
No waste will be permitted on the common elements.
c. Except for appropriate signs, as discussed under Miscellaneous below, Unit
Owners shall not cause or permit anything to be hung or displayed on the outside of
windows or placed on the outside walls of a building, and no sign, awning, canopy, radio
or television antenna shall be affixed to or placed upon the exterior walls or roof or any
part thereof, without the prior written consent of the Association.
d. No nuisances shall be allowed upon the property, nor shall any use or practice be
allowed which is a source of annoyance to Unit Owners or which interferes with the
peaceful possession and proper use of the property by its residents. No offensive or
unlawful use shall be made of the property nor any part thereof, and all valid laws, zoning
ordinances and regulations of all governmental bodies having jurisdiction thereof shall be
observed.
e. Nothing shall be done in any Unit or in, on, or to the common elements which
will impair the structural integrity of the building, or which would structurally change the
building, except as is otherwise provided herein.
f. No animals of any kind shall be raised, bred or kept in a Unit unless for a
legitimate governmental purpose.
g. Nothing shall be altered or constructed in or removed from the common elements,
except upon the written consent of the Association.
h. Nothing shall be done on or within the condominium created by this Declaration
in contravention of the terms, conditions and provisions of any underlying covenants,
land use restrictions imposed by any municipality, zoning, (unless variance or conditional
use granted) or other term or provision which is a matter of public record in the Gallatin
County Clerk and Recorder's Office effecting the real property described on Exhibit "A"
attached hereto. In this regard, an Owner agrees to abide by, keep and perform each and
every one and all of the terms and conditions to be kept and performed, including any
agreement to pay assessments, as set forth in any document referenced in this paragraph
or filed as a matter of public record in the Gallatin County Clerk and Recorder's Office
effecting the title to the real property described on Exhibit "A"; notwithstanding,
however, the Owner's Association created herein shall be empowered to keep and
perform those obligations expressly assumed by it, which obligations may be found
PUBLIC SAFETY CONDOMI1~iILTMS
DECLARATIONS, Page 12 of 31
throughout this Declaration or in other documents effecting the title to the real property
described on Exhibit "A".
i. There shall be no residential dwelling or habitation of a Unit except for a
legitimate governmental purpose including the stationing of firefighters and emergency
medical personnel.
j. There shall be no activity conducted within any Unit or upon the real property
surrounding the Unit under the control of the Association which is not in complete
harmony coexistent with and compatible with the use of the Units.
k. Garbage shall be stored within each unit in appropriate contains until such time as
garbage is transported to main dumpster.
1. Canvassing, solicitation and peddling in the Condominium property is prohibited
and Unit Owners shall report and otherwise cooperate to prevent the same.
m. No building or structure shall be occupied until a certificate of substantial
completion is issued . All applicable government agencies, inspections and permits shall
be obtained and followed prior to occupancy.
n. All zoning, land use regulations and all other laws, rules and regulations of any
government or agency under whose jurisdiction the land lies are considered to be part of
and enforceable hereunder, and all of the owners of said land shall be bound by such
laws, rules and regulations. In the event there is a conflict between the covenants and the
applicable zoning, the most restrictive provision of either the covenants or the zoning
shall control.
o. The Association may adopt such additional rules and regulations as shall be
reasonable to implement the purpose and intent of the covenants. Within 30 days of
adopting a new rule, regulation or changing an existing rule or regulation, the Association
must mail written notice to all Unit Owners of the change.
p. Unit Owners and their invitees and guests shall, at all times act in an orderly
manner without being a nuisance to the other Unit Owners and invitees.
q. The use of the public parking spaces not set forth as limited common elements is
on a first come first serve basis. Handicapped spaces are specifically marked and are
reserved for vehicles identified as transporting handicapped individuals. The location
and designation of handicapped parking spaces maybe changed from time to time. Long
term parking or storage of vehicles is prohibited within any Parking area.
Exclusive Ownership
Each Unit Owner or Owners shall be entitled to exclusive ownership and possession of
their Unit. Such Unit Owners may use the general and limited common elements in accordance
with the purposes for which they are intended and as they may otherwise agree between
PUBLIC SAFETY CONDOMINIUMS
DECLARATIONS, Page 13 of 31
themselves, so long as they do not hinder or encroach upon the lawful rights of other Unit
Owners.
V.
Bylaws of the Association
Membership
An Owner of a Unit in PUBLIC SAFETY CONDOMINIUMS shall automatically, upon
becoming the Owner of said Unit, be a member and director of PUBLIC SAFETY
CONDOMINIUMS ASSOCIATION OF UNIT OWNERS, hereinafter referred to as the
Association, and shall remain a member of said Association until such time as his membership in
said Association shall automatically cease. The membership shall be limited to Unit Owners as
defined in this Declaration.
A Unit Owner shall designate an individual person who shall act as a director of the
Board of the Association and shall notify all Unit Owners at least annually of any change in that
designation. This provision shall act as an election for the members of the Board. Board
Members shall not be compensated.. A Unit Owner may request that Board Member be removed.
The Association may elect to form a corporation to fulfill the obligations of the
Association in accordance with this instrument. In doing so the documents forming and
governing shall be wholly consistent with this instrument and afford all Unit Owners equal
representation on the Board of Directors of the corporation.
Any Director or Unit Owner can call a meeting of the Association by written notice either
personally delivered or by certified mail.
A presiding officer and secretary/treasurer shall be determined annually after directors
are designated by the Unit Owners.
Function, Powers and Duties
It shall be the function, power and duty of the Association to:
a. Adopt additional Bylaws for the governance of the Association.
b. Make provisions for the general management and/or repairs and maintenance of
PUBLIC SAFETY CONDOMINIUMS; including the structure, all snow removal and
landscaping.
c. Levy assessments as provided for in the Declaration, Bylaws and Unit Ownership
Act, garbage service, and insurance of common elements.
d. Adopt and implement policies and rules for the affairs of the condominium.
PUBLIC SAFETY CONDOMINIUMS
DECLARATIONS, Page 14 of 31
e. Enter into contracts or hire personnel for the management of the affairs of the
Association and the maintenance and repair of the common areas.
Voting
On all matters, unless excluded by this Declaration, to be decided by the Association,
each Unit Owner shall be given an equal vote. A Unit Owner, upon becoming a Unit Owner,
shall be a member of the Association and remain a member for the period of his ownership of the
Unit. Except as otherwise provided in the Unit Ownership Act, this Declaration or the Bylaws,
both Unit Owners represented by their respective Board Member must be present at any meeting
to act on matters brought before the Association which shall constitute a quorum.
Failure to Comely
Each Unit Owner shall comply strictly with the provisions of this Declaration, the Bylaws
of the Association, and the rules, regulations, decisions and resolutions of the Association
adopted pursuant thereto as the same maybe lawfully amended from time to time. Failure to
comply with any of the same shall be grounds for an action to recover sums due, for damages or
injunctive relief or both, and for reimbursement of all costs, including attorney fees incurred in
connection therewith, which action shall be maintainable by the Manager in the name of the
Association, on behalf of the Unit Owner, or in the proper case, by an aggrieved Unit Owner.
Payment of Assessments
All assessments shall be due thirty (30) days from the date of mailing such assessment
following the meeting at which time assessments are levied by the Association, and maybe
payable in one annual payment or in quarterly installments, at the option of the Unit Owner. The
amount of the common expenses assessed against each Unit, and the amount of limited common
expenses assessed against each Unit, shall be the personal and individual debt of the owner
thereof. No Unit Owner may exempt himself from liability for this contribution toward the
common expenses and the limited expenses by waiver of the use or enjoyment of any of any of
the general common elements or limited common elements or by abandonment of his Unit. All
assessments which are not paid within thirty (30) days from the date they are due and payable
become delinquent and are subject to interest and penalty charges. The Association or Manager
shall have the responsibility of taking prompt action to collect any unpaid assessment which
becomes delinquent. In the event of delinquency in the payment of the assessment, the Unit
Owners shall be obligated to pay interest at the rate of 15% per annum on the amount of the
assessment from the due date thereof, together with all expenses, including attorney fees
incurred, together with such late charges as are provided in the Bylaws of the Association. Suit
to recover a money judgment for unpaid common expenses and limited expenses may be
maintainable without foreclosing or waiving the lien securing the same.
Lev i~ng Assessments--When Made--Purposes
The Association of Unit Owners shall levy assessments upon the Unit Owners in the
following manner and for the following reasons:
PUBLIC SAFETY CONDOMII~iIUMS
DECLARATIONS, Page 15 of 31
a. Assessments shall be made as a part of the regulaz business of the Association at
any regulaz or special meeting thereof as provided in the Bylaws of the Association.
Notice of the assessment, amount thereof, and the purpose for which it is made, whether
regular or special, including an annual budget for expenditures and operation, shall be
served on all Unit Owners affected by delivering a copy of the same to the Unit Owner
personally or by mailing a copy of the notice to the Unit Owners at their addresses of
record at least ten (10) days prior to the date for such meeting.
b. Assessments shall be made for the repair, replacement, general maintenance,
management, and administration of common elements, fees, costs, and expenses of the
manager, taxes for common areas, if any, and for the Unit Owner's percentage shaze of
any Special Improvement District Assessments. Assessments shall be based upon and
computed by using the percentage of interest that each Unit Owner has in the general
common elements.
c. Assessments may also be made for the payment of limited expenses such that the
Unit Owners aze chargeable only for the expenses relating to their respective Units or
building. Unit Owners shall shaze in the payment for limited expenses for the repair,
maintenance and replacement of limited common elements or their respective Units in
accordance with the percentage the Unit or Units have in the limited common elements
for which the assessment is being made. If only one Unit is associated with the limited
common elements, then the entire cost of such repair, maintenance or replacement shall
be borne by the Unit.
d. Assessments may also be made for any purpose contemplated by this Declaration
and for any purpose set out in the Montana Unit Ownership Act.
e. Common expenses and profits, if any, of the condominiums shall be distributed
among and charged to, the Unit Owners equally (50/50) notwithstanding the percentage
of undivided interest of each in the common elements. This provision shall supersede
any other provision of this Declaration pertaining to payment or liability of expenses.
f. In a voluntary conveyance of a Unit, the Grantee of the Unit shall be jointly and
severally liable with the Grantor for all unpaid assessments by the Association against the
latter for his shaze of the common expenses up to the time of the grant or conveyance,
without prejudice to the Grantee's right to recover from the Grantor the amounts paid by
the Grantee therefore. However, any such Grantee shall be entitled to a statement from
the Manager or Boazd of Directors of the Association, as the case may be, setting forth
the amount of said unpaid assessments against the Grantor due the Association and such
Grantee shall not be liable for, nor shall the Unit conveyed be subjected to a lien for, any
unpaid assessments made by the Association against the Grantor in excess of the amount
therein set forth.
g. At the time the Association holds its first meeting, a reserve account shall be set
up to which initial assessments shall then be deposited, and which assessment shall be a
sum that is equal to two times the monthly assessment fee for that year multiplied by the
number of Units in the condominium project. Said total amount shall then be divided
PUBLIC SAFETY CONDOMII~TIUMS
DECLARATIONS, Page 16 of 31
equally among all Unit Owners. If the Declazant still holds title to one or more Units, he
shall pay the amount assessed against each Unit owned.
Incorporation of Declazation
All provisions of this Declaration shall be incorporated by reference into these Bylaws.
VI.
Declazant's Right to Change
The Declazant reserves the right to change the interior design and arrangement of all
Units, and alter the boundaries between Units, so long as the Declarant owns the Units to be
altered. No such change shall increase the number of Units or alter the boundary of the general
common elements without an amendment to this Declazation.
VII.
Amendment
Amendment of this Declaration and Bylaws shall be made in the following manner:
At any regular or special meeting of the Association of Unit Owners, such amendment
may be proposed as a resolution by any Unit Owner, the Boazd or Manager. Upon adoption of
the resolution by a majority vote of those present, the amendment shall be made a subject for
consideration at the next succeeding meeting of the Association with notice thereof, together
with a copy of the amendment, to be furnished to each Unit Owner no later than thirty (30) days
in advance of such meeting. At such meeting, the amendment shall be approved upon receiving
the favorable vote ofseventy-five percent (75%) of the total percentage vote of all the Unit
Owners. If so approved, it shall be the responsibility of the Association to file the amendment
with the Clerk and Recorder's Office of Gallatin County, Montana.
VIII.
Changes, Repairs, and Liens
Alterations by Unit Owners Association
The interior plan of a Unit may be changed by the Unit Owner. The boundaries between
Units may be changed only by the Owners of the Units affected. No change in the boundaries of
Units shall encroach upon the boundaries of the general common elements.
Boundary walls must be equal in quality of design and construction to the existing
boundary walls. A change in the boundaries between Units shall be set forth in an amendment to
this Declazation. In addition to compliance with the provisions of Pazagraph VII above, such
amendment must further set forth and contain plans for the Units concerned showing the Units
PUBLIC SAFETY CONDOMINIUMS
DECLARATIONS, Page 17 of 31
after the change in boundaries, which plans shall be drawn by an architect licensed to practice in
Montana, and attached to the amendment as exhibits, together with the certificate of architect or
engineer as required by the Unit Ownership Act. Such an amendment shall be signed and
acknowledged by the owners of the Units concerned, as well as those Unit Owners with an
interest in any common element affected. The amendment shall also be approved by the Board
of Directors of the Association, and signed and acknowledged by all lienors and mortgages of the
Units concerned.
Maintenance by Unit Owners
Each Unit Owner shall maintain and keep in repair the interior of his own Unit, including
the fixtures thereof. All fixtures and equipment installed in the Unit, commencing at the point
where the utilities enter the Unit, shall be maintained and kept in repair by the owner thereof. A
Unit Owner shall do no act nor any work that will impair the structural soundness or integrity of
the building or impair any easement.
Each Unit Owner shall also keep any balcony, entrance or deck area appurtenant to his
Unit in a clean and sanitary condition. The right of each Unit Owner to repair, alter, and remodel
is coupled with the obligation to replace any finishing or other materials removed with similar
type or kinds of materials. All glass replacement shall be with similar quality, shade, and design.
No act or alteration, repairing, or remodeling by any Unit Owner shall impair in any way the
integrity or the adjoining Units or the integrity of limited common elements or general common
elements.
Each Unit shall be responsible for maintaining its interior and exterior walls and surfaces
therein. The Units specifically acknowledge that graffiti must be removed from a Unit within 24
hours or less of the reporting of the same. The Units acknowledge that one of the most effective
deterrents to graffiti is its immediate removal. To this end, each Unit shall be responsible for the
removal of any graffiti, at its own expense, from any part of its Unit, whether interior or exterior.
Exterior Alterations
No Unit Owner may change, alter or remodel the exterior of his Unit without the prior
written approval of the Association.
Snow Removal and Open Space Maintenance
The Association, shall retain snow removal services to shovel and/or plow snow from all
driveways and parking areas, from the sidewalks adjacent to the common areas and who shall
ensure that the inlets and outlets to the storm water detention basins are unobstructed.
The Association, shall also retain services to maintain the open space portion of the
common elements as healthy, clean, well kept. Grass and trees shall be trimmed as needed and
any lawn sprinkler system shall be kept in working order.
PUBLIC SAFETY CONDOMII~TIUMS
DECLARATIONS, Page 18 of 31
Liens for Alterations
To the extent allowable under applicable law labor performed and materials furnished
and incorporated into a Unit with the consent of or the request of the Unit Owner, his agent, his
contractor, or subcontractor shall be the basis for the filing of a lien against the Unit of the Unit
Owner consenting to or requesting the same. Each Unit Owner shall indemnify and hold
harmless each of the other Unit Owners from and against all liability arising from the claim of
any lien against the Unit or any other Owner or against the general or limited common elements
for construction performed or for labor, materials, services or other products incorporated in the
Owner's Unit at such Unit Owner's request.
Liens and Foreclosures
To the extent allowable under applicable law all sums assessed but unpaid for the share
of common expenses and limited expenses chargeable to any Unit shall constitute a lien on such
Unit superior to all other liens and encumbrances, except only for tax and special assessment
liens on the Unit in favor of any assessing authority, and all sums unpaid on a first mortgage, a
first trust indentures, or contract for deed, or record. To evidence such lien, the Association shall
prepare a written notice of lien assessment setting forth the amount of such unpaid indebtedness,
the amount of accrued interest and late charges thereon, the name of the Unit Owner, and a
description of the Unit. Such notice shall be signed and verified by one of the officers of the
Association or by the Manager, or his authorized agent, and shall be recorded in the office of the
Clerk and Recorder of Gallatin County, Montana. Such lien shall attach from the date of
recording such notice. Such lien maybe enforced by the foreclosure of the defaulting Owner's
Unit by the Association as provided in the Unit Ownership Act in like manner as foreclosure of a
mortgage on real property. In any foreclosure, the Unit Owner shall be required to pay a
reasonable rental for the unit, if so provided in the Bylaws, and the plaintiff in such foreclosure
action shall be entitled to the appointment of a receiver to collect the same. Suit to recover a
money judgment for unpaid common expenses shall be maintainable without foreclosure or
waiving the lien securing the same. In any such proceeding the Unit Owner may be required to
pay the costs, expenses and attorney fees incurred in filing a lien, and in the event of foreclosure
proceedings, additional costs, expenses and attorney fees incurred.
The Association shall have the power to bid on the Unit at a foreclosure or other legal
sale, and to acquire and hold, lease, mortgage, and vote the votes appurtenant to, convey, or
otherwise deal with the same. Any lienholder holding a lien on a Unit may pay, but shall not be
required to pay, any unpaid general common expenses, or limited common expenses payable
with respect to any such Unit, and upon such payment such lienholder shall have a lien on said
Unit for the amounts paid for the same priority as the lien of his encumbrance without the
necessity of having to file a notice or claim of such lien.
PUBLIC SAFETY CONDOMINIUMS
DECLARATIONS, Page 19 of 31
IX.
Insurance
Purchase
Insurance policies upon PUBLIC SAFETY CONDOMINIUMS shall be purchased on
behalf of or in the name of the Association and shall be issued by an insurance company
authorized to do business in Montana.
a. Named Insured: The Association shall be a named insured individually and as
agent for the Unit Owners without naming them. Such policies shall provide that
payments for losses thereunder by the insurer shall be paid to the insurance Trustee
hereinafter designated, and all policies and endorsements thereon shall be deposited with
the insurance Trustee. Unit Owners may obtain insurance coverage, at their own
expense, upon their own personal property and for their personal liability and living
expense.
Coverage
a. Casualty: All buildings and improvements upon the land shall be insured in an
amount equal to the maximum insurable replacement value, and all personal property
included in the common elements shall be fully insured, with all such insurance to be
based on current replacement value, as determined annually by the Board of Directors,
but subject to such deductible clauses as are required in order to obtain coverage at
reasonable costs. Such coverage shall afford protection against:
(1) Loss or damage by fire and other hazards covered by a standard extended
coverage endorsement; and
(2) Such other risks as from time to time shall be customarily covered with
respect to buildings similar in construction, location and use as the building on the
land, including, but not limited, vandalism and malicious mischief.
(3) Errors or Omissions Insurance for the Directors, Officers and Manager if
the Association so desire, in amounts to be determined by the Board.
b. Public Liability: In such amounts and with such coverage as shall be required by
the Board of Directors of the Association, including, but not limited to, hired automobile
and non-owned automobile coverage, if applicable, and with cross-liability endorsement
to cover liabilities of the Unit Owners as a group to a Unit Owner.
c. Other Insurance: Such other insurance as the Board of Directors of the
Association shall determine from time to time to be desirable and as maybe required by
the Federal and State laws.
PUBLIC SAFETY CONDOMINIUMS
DECLARATIONS, Page 20 of 31
Premiums
Premiums for insurance policies purchased for the Association shall be paid by the
Association as a common expense, except that the amount of increase in the premium occasioned
by use, misuse, occupancy, or abandonment of a Unit or its appurtenances or of the common
elements by a Unit Owner shall be assessed against the Unit Owner. If either Unit Owner has
paid the entire premium on behalf of the Association it may receive credit from Common
Expenses for its proportion of the premium from the Association and reimbursed from the
Association for the remainder.
Insurance Trustee
All insurance policies purchased by the Association shall be for the benefit of the
Association and the Unit Owners and their mortgagees as their interests may appear, and shall
provide that all proceeds covering property losses shall be paid to the Owners' Association as
"insurance trustee". The insurance trustee shall not be liable for payment of premiums, nor for
the renewal or the sufficiency of policies, nor for the failure to collect any insurance proceeds.
The duty of the insurance trustee shall be to receive such proceeds as are paid and hold the same
in trust for the purposes elsewhere stated in this instrument and for the benefit of the Unit
Owners, and their mortgagees in the following shares, but which shares need not be set forth in
the records of the insurance trustee:
a. Unit Owners: An undivided share for each Unit Owner, such share being the
same as the undivided share in the common elements appurtenant to his unit.
b. Mortgagees: In the event a mortgage endorsement has been issued as to a Unit,
the share of the Unit Owner shall be held in trust for the mortgagee and the Unit Owner
as their interests may appear, provided, however, that no mortgagee shall have any right
to determine or participate in the determination as to whether or not any damaged
property shall be reconstructed or repaired, and no mortgagee shall have any right to
apply or have applied to the reduction of a mortgage debt any insurance proceeds except
distributions thereof made to the Unit Owner and mortgagee pursuant to the provision of
this Declaration.
Declaration Proceeds
Proceeds of insurance policies received by the insurance trustee shall be distributed to or
for the benefit of the beneficial owners in the following manner:
a. Miscellaneous: Expenses of administration, the insurance trustee, and
construction, or remodeling supervision shall be considered as part of the cost of
construction, replacement, or repair.
b. Reconstruction or Repair: If the damage for which the proceeds are paid is to be
repaired or reconstructed by the Association, the remaining proceeds shall be paid to
defray the cost thereof as elsewhere provided. Any proceeds remaining after defraying
PUBLIC SAFETY CONDOMINIUMS
DECLARATIONS, Page 21 of 31
such costs shall be distributed to the beneficial owners, remittances to Unit Owners and
their mortgagees being payable jointly to them.
c. Failure to Reconstruct or Repair: If it is determined in the manner elsewhere
provided that the damage for with the proceeds are paid shall not be reconstructed or
repaired, the remaining proceeds shall be distributed to the beneficial owners, remittances
to Unit Owners and their mortgagees being payable jointly to them.
d. Certificate: In making distribution to Unit Owners and their mortgagees, the
insurance trustee may rely upon a Manager as to the names of the Unit Owners and their
respective shares of the distribution.
Benefit to Mortgagees
Certain provision in this paragraph entitled "Insurance" are for the benefit of mortgagees
or trust indenture beneficiaries of condominium Units, and all such provisions are covenants for
the benefit of any mortgagee of a Unit and may be enforced by such mortgage or beneficiary.
Reconstruction
A. Repair After Casualty
If any part of the condominium property shall be damaged by casualty, whether or not it
shall be reconstructed or repaired shall be determined in the following manner:
1. Lesser Damage: If a Unit or Units are found by the Board of Directors of the
Association to be tenantable after the casualty, the damaged property shall be repaired.
2. Greater Damage: If a Unit or Units are found by the Board of Directors to be not
tenantable after the casualty, the damaged property shall be reconstructed or rebuilt.
3. Certificate: The insurance trustee may rely upon a certificate of the Association
made by its president and secretary to determine whether or not the damaged property is
to be reconstructed or repaired.
B. Plans and Specifications
Any reconstruction or repair must be substantially in accordance with the plans for
specifications and the original improvements, or if not, then according to plans and specifications
approved by the Board of Directors and by more than seventy-five percent (75%) of the Unit
Owners according to their percentile ownership of common elements, including the Owners of
all Units the plans for which are to be altered. Any such reconstruction not in accordance with
the original plans and specifications must be set forth in an amendment to the Declaration, which
amendment shall be prepared and filed of record in accordance with the provisions of such
amended filing, more particularly set forth in hereinabove.
PUBLIC SAFETY CONDOMINIUMS
DECLARATIONS, Page 22 of 31
C. Responsibility
The responsibility for reconstruction or repair after casualty shall be the same as for
maintenance and repair of the condominium property, and the Association shall work with the
insurance trustee to carry out the provisions of this Article.
D. Assessments
If the proceeds of insurance are not sufficient to defray the estimated costs of
reconstruction or repair for which the Association is responsible or, if at any time during such
reconstruction or repair or upon completion of such reconstruction or repair, the funds for the
payment of the costs thereof are insufficient, assessments shall be made against all Unit Owners
in sufficient amounts to provide funds to the payment of such costs. Such assessments shall be
in proportion to the Unit Owner's percentage of interest in the general common elements.
E. Construction Funds
The funds for payment of costs of reconstruction or repair after casualty, which shall
consist of proceeds of insurance held by the Insurance Trustee and funds collected by the
Association from assessments against Unit Owners, shall be disbursed in the sound discretion of
the insurance trustee and according to the contract of reconstruction or repair, which contract
must have the approval of the Board and the Unit Owners involved.
F. Surplus
It shall be presumed that the first monies disbursed in payment of costs of reconstruction
and repair shall be from the insurance proceeds. If there is a balance in a construction fund after
payment of all costs of the reconstruction and repair for which the fund is established, such
balance shall be paid to the Association for the use and benefit of the Unit Owners.
X.
Removal or Partition -Subdivision
PUBLIC SAFETY CONDOMINIUMS may only be removed from condominium
ownership, and may only be partitioned or sold, upon compliance with each of the conditions
hereof:
a. The Board of directors of the Association must approve the plans of removal,
partition or sale, including the details of how any partition or sale, and the distribution of
the property or funds, shall be accomplished.
b. The plan of removal, partition, or sale must be approved as provided in the
Montana Unit Ownership Act. If approval for any of the foregoing is not required by the
Unit Ownership Act, then approval shall be required from at least seventy-five percent
(75%) of the Unit Owners based on percentile ownership of common elements. Upon
PUBLIC SAFETY CONDOMINIUMS
DECLARATIONS, Page 23 of 31
obtaining such approval, the Board shall be empowered to implement and carry out the
plan of removal, partition, or sale.
c. No Unit may be divided or subdivided into a small Unit, nor any portion thereof
sold or otherwise transferred, except as provided above. No such change shall increase
the number of Units or alter the boundary of the general common elements without an
amendment to this Declaration.
d. This section shall not apply to the sale of individual Units and shall not be
considered as a right of first refusal.
e. The common elements of PUBLIC SAFETY CONDOMINIUMS shall not be
abandoned, partitioned, subdivided, encumbered, sold or transferred without compliance
with all of the above requirements.
XI.
Remedies
All remedies provided in this Declaration and Bylaws shall not be exclusive of any other
remedies which may now be, or are hereafter available to the parties hereto as provided for by
law.
XII.
Severability
The provisions hereof shall be deemed independent and severable and the invalidity,
partial invalidity or unenforceability of any one or more provision shall not affect the validity or
enforceability of any other provision hereof.
XIII.
Interpretation
The provisions of the Declaration and of the Bylaws to be promulgated and recorded
herewith shall be liberally construed to effectuate the purpose of the Declaration and Bylaws and
to create a building or buildings subject to and under the provisions of the Unit Ownership Act.
PUBLIC SAFETY CONDOMINIUMS
DECLARATIONS, Page 24 of 31
XIV.
Deadlock
Submission To Arbitration
Should deadlock, dispute or controversy arise among the Owners of a Unit, the Board or
members of the Association in regard to matters of management, policy or other matters arising
under the provisions of the Declaration or of the Bylaws and should Owners of a Unit, the Board
or members of the Association be unable to resolve such deadlock, dispute or controversy, the
matter shall be submitted to arbitration. The cost of the Arbitration shall be split equally amongst
the parties.
Determination By Arbitration
Should the Owners of a Unit, the Board or members of the Association be unable to agree
as to the scope of this provision or the application of this provision to the deadlock, dispute or
controversy at issue, the scope and applicability of this provision shall be determined by the
arbitrator.
Notice
Notice shall be given by an Owner of a Unit, the Board or member of the Association that
such deadlock dispute or controversy exists within ten days of such event, by certified mail,
postage prepaid, addressed to all Owners of a Unit.
Selection Of Arbitrator
The Owners of a Unit shall then select an arbitrator within 30 days of the receipt of such
notice of deadlock, upon a unanimous vote. The members shall reserve the right to replace the
arbitrator by unanimous vote of the members entitled to vote.
Inability To Select
Should the members be unable to select an arbitrator by agreement, they shall request a
District Court Judge for the Eighteenth Judicial District to name an arbitrator.
Final Decision
The decision of the arbitrator shall be final and binding. The Owners of a Unit or
members of the Association members shall vote, as the arbitrator shall direct.
Enforcement
To enforce these provisions, any Owner of a Unit or member of the Association may
obtain an injunction from a court having jurisdiction to direct the members to vote as the
arbitrator has determined.
PUBLIC SAFETY CONDOMINIUMS
DECLARATIONS, Page 25 of 31
XV.
Miscellaneous
Utilit r~Payments
In addition to the easements provided for herein, easements are reserved through the
condominium property as may be required for utility services, including heat, air conditioning,
water, sewer, power, telephone, natural gas, and cable television, in order to serve PUBLIC
SAFETY CONDOMINIUMS adequately. However, such easements through the property or
Units shall be only according to the plans and specifications for the building, as set forth in the
recorded plat, or as the building is constructed, unless approved in writing by the Unit Owner.
Right of Access
The Association shall have the irrevocable right, to be exercised by the Manager or Board
of Directors, to have access to each Unit from time to time during reasonable hours as may be
necessary for the maintenance, repair or replacement of any of the limited common elements
therein or accessible therefrom, or for making emergency repairs therein necessary to prevent
damage to the general or limited common elements or to any other Unit.
Damage to the interior or any part of the Unit resulting from maintenance, repair,
emergency repair or replacement of any of the general or limited common elements, or as a
result of an emergency repair within another Unit at the instance of the Association, shall be
designated either limited or common expenses by the Association and assessed in accordance
with such designation.
Expenditures
No single expenditure or debt in excess of $500.00 may be made or incurred by the
Association or Manager without the prior approval of all of the Unit Owners.
Benefit
Except as otherwise provided herein, this Declaration shall be binding upon and shall
inure to the benefit of the Declarant, the Association and each Unit Owner and the heirs, personal
representatives, successors and assigns of each.
Service of Process
The name and address of the person to receive service of process for PUBLIC SAFETY
CONDOMINIUMS until other designations are filed is:
Chair
Board of Gallatin County Commissioners
311 W. Main Street
Bozeman, MT 59715
PUBLIC SAFETY CONDOMII~TIUMS
DECLARATIONS, Page 26 of 31
Warranties
The Declarant expressly makes no warranties or representations concerning the property,
the Units, the Declaration, Bylaws, or deeds of conveyance except as specifically set forth
therein, and no one may rely upon such warranty or representation not so specifically expressed
therein. Estimates of common expenses are deemed accurate, but no warranty or guarantee is
made or is intended, nor may one be relied upon.
Si rgris
Business signage shall be allowed according to City Code. All signs shall be in
compliance with City regulations, and shall be maintained in good working order at all times.
The Association may establish a sign for the complex as approved by the City that designates
Unit numbers and businesses contained therein.
IN WITNESS WHEREOF, the Declarant has caused this Declaration to be made and
executed according to the provisions of the Montana Unit Ownership act, Title 70, Section 23,
MCA.
GALLATIN COUNTY MONTANA
By: / ,--~
R. Stephe White
Chair, Board of County Commissioners
STATE OF MONTANA
COUNTY OF GALLATIN
ss.
On this ~ day of~J I 2009, before me, a notary public in and
for the State of Montana, personally appeare R. Stephen White, known to me to be the person
whose name is subscribed to the within instrument, and acknowledged to me that he executed the
same on behalf of Gallatin County Montana.
IN WITN)~SS WHEREOF, I have hereunto
ate first written:
R B"~'a ,
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P'SAFETY CONDOMII~IIUMS
DECI:ARATIONS, Page 27 of 31
seal the day and year in this
Notary Public State of Montana
Residing at: o - ~~
My commissions expires: Q' 2~ Lots----
EXHIBIT "A"
Legal Description
A portion of Tract 3A-1 of Certificate of Survey No. 2202B, situated in the NE1/4 Section 3,
T2S, RSE, P.M.M., City of Bozeman, Gallatin County, Montana more particularly described as
follows:
Beginning at the E 1/4 corner of Section 3, said point being a 1'/z" steel pipe; thence
along the east line of said section N02°43'45"E a distance of 1106.99 feet; thence
N88°50'26"W a distance of 86.03 feet; thence S02°43'45"W a distance of 75.03 feet to
the south line of Vaquero Parkway easement and the east line of Davis Lane easement,
said point being the true Point of Beginning.
Thence S02°43'45"W a distance of 319.05 feet; thence N88°50'26"W a distance of
145.56 feet; thence NO1°09'34"E a distance of 62.5 feet; thence N88°50'26"W a distance
of 109.00 feet; thence NO1 °09' 34"E a distance of 19.35 feet; thence along anon-tangent
curve to the right having a radius of 79.50 feet, a central angle of 84°37'24", an arc
length of 117.42 feet, and a chord bearing of N41 °09' W; thence NO 1 °09' 34"E a distance
of 161.25 feet to south line of the Vaquero Parkway easement; thence along said
easement along non-tangent curve to the left having a radius of 1275.00 feet, a central
angle of 4°08'04", an arc length of 92.00 feet, and a chord bearing of S86°46'24"E;
thence along said easement S88°50'26"E a distance of 243.42 feet to the Point of
Beginning.
PUBLIC SAFETY CONDOMINIUMS
DECLARATIONS, Page 28 of 31
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