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I Ililll IIIIIIIIIII lilllllli I I 0,l07120 II Illillll 03 01.56P
Shelley Vance-Gallatin Co MT MISC 0.00
DECLARATION OF PROTECTIVE COVENANTS
OPEN-SPACE LAND AND VOLUNTARY CONSERVATION EASEMENT ACT
REGIONAL PARK-GALLATIN COUNTY
GALLATIN COUNTY, MONTANA, a political subdivision of the State of Montana, by
and through its Board of County Commissioners of 311 W. Main, Bozeman, Montana, 59715
hereafter the Declarant, states as follows in regard to real property owned by the Declarant more
particularly described as:
Tract 3A of Certificate of Survey No. 2202A, located in Section 34, Township 1 South,
Range 5 East and Section 3, Township 2 South, Range 5 East, P.M.M., Gallatin County,
Montana
hereafter referred to as the"Property".
WHEREAS, Declarant obtained title to the Property on September 20, 2002 with proceeds
from bonds issued under the authority, inter alia, of the Montana Open-Space Land And
Voluntary Conservation Easement Act, Title 76, Chapter 6, Montana Code Annotated ("The
Act"); and
WHEREAS, in its July 16, 2002 order authorizing the purchase of the Property, the Board
of County Commissioners for Declarant conditioned said purchase on recording a covenant,
running with the land, restricting the use of the Property consistent with The Act; and
WHEREAS, § 76-6-106, MCA allows a public body to "acquire by purchase, gift, devise,
bequest, or grant title to or any interests or rights in real property, including land and water, that
will provide a means for the preservation or provision of significant open-space land"; and
WHEREAS, § 76-6-106, MCA allows a public body to "designate any real property,
including land and water, in which is has an interest to be retained and used for the preservation
and provision of significant open-space land"; and
WHEREAS, § 76-6-104(3)defines "Open-space land" as "any land which is provided or
Regional Park Covenants
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IIIIII I III IIII IIIIIIII III IIIIIII IIII III IIIII IIII IIII 20933sa
Sha11aY Vance-Gallatin Co MT MISC 0.00
preserved for: (a)park or recreational purposes; (b) conservation of land or other natural
resources; (c) historic or scenic purposes; or(d) assisting in the shaping of the character direction
and timing of community development"; and
WHEREAS, the purpose of this declaration is to preserve the Property as "Open-space
land" in accordance with the terms of The Act as further described below.
NOW THEREFORE, Declarant does hereby make and declare the Property as Open-
space land in accordance with The Act through the following Declaration of Protective
Covenants, hereafter Covenants, to be placed upon the Property as set forth below:
1. These Covenants shall attach to and run with the Property 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. 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 restrictions 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, 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.
1
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1111NINNIN11
2093367
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01!07/2003 01.68P
Shelley Vance-Gallatin Co M7 M1SC 0.00
IN WITNESS WHEREOF, this instrument has been executed this 04day of
200;.
GALLATIN COUNTY, MONTANA
h it
STATE OF MONTANA )
ss.
County of Gallatin }
On this V day of fa vy- 2003 before me personally appeared
- ]J � U�n `I +�Le v�.T" , whose identity was proved to me on the basis of satisfactory evidence to
be the person whose name is subscribed to this instrument, and acknowledged that he executed the
same as the duly authorized representative of Gallatin County,Montana.
-� otary ublic for the State of VA t-,A.
R idi g at A-
v - Commission expires: d..�e�,,� 64-4, (q 1704'
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