HomeMy WebLinkAboutOlive & Wallace Amendment to Restrictive Covenant in Block C in Rouse's Second Addition City of Bozeman-City CIerk 2417723
P.O. Box 1230 Page: i of 2 061i212012 10,59-27 AM Fee $14,00
Bozeman, MT 59771-1230
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AMENDMENT TO RESTRICTIVE COVENANT
GALLATIN COUNTY, MONTANA
THIS AMENDMENT is hereby made this l q t"-day of 2012, by the Owner
as described herein. _J
WITNESSETH:
WHEREAS, on February 10, 2010, Harrington's, Inc., executed a Restrictive
Covenant regarding asbestos contamination on and near certain business property with a
mailing address of 200 S. Wallace, Bozeman, Montana 59715, (the "Property") which
Restrictive Covenant has been duly recorded in the Clerk& Recorder's Office of Gallatin
County, Montana; and
WHEREAS, on October 24,2011, Olive& Wallace, LLC, ("Owner") a Montana
limited liability company,purchased the Property in fee from Harrington's,thus
assuming at closing all rights and responsibilities in the Property, including the
Restrictive Covenant; and
WHEREAS, during the course of conducting due diligence on the Property, Owner
was informed by the City of Bozeman ("City")that, some decades prior, the buildings on
the Property had encroached upon land now owned by the City and upon which the
Bozeman Public Library is currently located; and
WHEREAS, in order to complete the transfer of formal ownership of the
encroaching portion of the Property from City to Owner, a survey of the Property was
undertaken by Mr. Ray H. Center of Rocky Mountain Engineers, PLLC, upon conclusion
of which it was determined that the legal description of the Property found in the
enumerated Paragraph 1 of the Restrictive Covenant was incorrect.
NOW, THEREFORE, Owner and the City have agreed that the Restrictive Covenant
shall be amended as follows:
I. The enumerated Paragraph I of the Restrictive Covenant, entitled: "Description of
Property," is hereby amended to read as follows:
1. Description of Property. That portion of Block C in Rouse's
Second Addition to the city of Bozeman, Gallatin County, Montana,
described as follows:
Commencing at the northwest corner of Block B of
Rouse's Second Addition; thence South 0° 18' 35" West, a
distance of 311.04 feet along the east line of South Wallace
Avenue to the true point of beginning;thence South 89°41'
AMENDMENT TO RESTRICTIVE COVENANT 1
25.08" East, a distance of 86.55 feet; thence South 0'22'
46.92" West a distance of 240.36 feet; thence North 89° 36'
10.12" West a distance of 86.55 feet to the east line of
South Wallace Avenue; thence North 0° 20' 49.92" along
said east line of South Wallace Avenue a distance of
190.00 feet; thence continuing along said east line of South
Wallace Avenue North 0'30' 07.92" East a distance of
50.31 feet to the true point of beginning, but only to the
extent that any such property is depicted as shaded in gray
with cross-hatching on Exhibit A hereto. All such property
interests shall herein after be referred to as the "Property".
Oliv & Wallace,11 C Date
By: Thomas P. Winston, Owner
STATE OF MONTANA )
COUNTY OF GALLATIN )❑❑
Sworn to (or affirngq4)and subscribed before me this �'� day of
Q (year), by 1 j, (name of per&erA making
statenw�t).❑❑
�, SAVE"A L HANLEY
zo;Ak,,,<<�1 Y PUBLIC for th®
(Signature of Notary Public, State of Mon a) State of Montana
SEAL Residing at Bozeman,Montano
My Commission Expires
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(Print, Type, or Stamp Comm issi ed Name of Notary Public)❑❑
Personally Known OR Produced Identification l// ❑❑l
Type of Identification Produced D�5-y� ('}�C�S `�� ��/i -,�(o
AMENDMENT TO RESTRICTIVE COVENANT 2