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HomeMy WebLinkAboutAmendment No. 2 to Final Condominium Declaration for Mendenhall Marketplace Condominiums r-:r• Security Title Company P.O. 6ox 6550 BoZeMar., ;A-i X9771-6550 Rttffffi-16- March Law,P.C, 225 E.Mendenhall Bozeman,MT 59715 ary v" 2429361 P'le 01 111 le11712M2 iip•aj-iq pM Fev s136 00 tL.M11, _ alk,"Un County 11T MI't III III It III oil 1111111110 PIN I11 PIN AMENDMAM lVt 2 TT7 THE FINAL CONDOMINIUM DECLARATI-QN AND BY-LAM FOR MENDENHALL MARUIPL E CONVOMIMUMS THIS AMENDMENT executed on the—2-7 day of 42ePTCM ggR ,2012 is made pursuant to the amendment provisions and procedures set forth in the original Condominium Declaration and Bylaws of and for Mendenhall Marketplace Condominiums which were recorded as Document No,2316527("DeclarutioW)and as later amended under Document#2323 763,records of the Gallatin County Clerk and Recorder's office, This Amendment is made pursuant to the provisions contained in the Declaration for the addition of Units to the condominium regime and the Montana Unit Ownership Act as set forth in Montana Code Annotated 70-23-101 et. seq. 'Ibis Amendment was made after an affirmative vote of 100% of the unit owners of Mendenhall Marketplace Condominiums, The purpose of this second arnendment is to add an additional Unit to Mendenhall Marketplace Condominiums and hereby encumbered the newly created Unit with the terms,conditions,restrictions and provisions contained in the Declaration, NOW, THEREFORE, and in recognition of the power of Amendment, the following Amendment to the Declaration is made. 1. That the recitals as set forth above are hereby incorporated herein by reference, Amendment No.2 to Mendenhall Marketplace Condominiums Page 1 2429361 Page 2 of 18 10/17/201210.31:19 AM 2, Thai (lie Declaration is hereby modified to reflect the addition of a Unit to the Mendenhall Marketplace Condominium.Specifically the addition shall be of the space located on the second floor of the Intermodal Commerce Condominium building and described on the original Floor Plans of the Intermodal Commerce Condominium Declaration as the"Office Suite-Parking Garage Unit"(hereinafter"Office Suite"), 3, The Intermodal Commerce Condominium Declaration was amended simultaneously with this Amendment to adjust the boundaries between the Parking Garage Unit and the Retail Unit of the Intermodal Commerce Condominiums so as to cause the"Office Suite"to become a part of the Retail Unit of the Intermodal Commerce Condominiums. 4. The "Office Suite" shall hereby become a part of the Mendenhall Marketplace Condominiums and shall be referred to and depicted as Unit R-8 of Mendenhall Marketplace Condominiums. 5, That with the subsequent creation of an additional Unit the initial percentage of ownership as set forth in the Declaration is revised as follows: Unit No. Square Footage Revised Percentage of later In ignMalCommon Elements Unit RI 1,435 12.68% Unit R2 1,359 12,000/6 Unit R3 1,417 12,52% Unit R4A 600 5.30% Unit R5 1,605 14.18% Unit R6 1,631 14.41% Unit R7A 1,334 11.80% Unit R7B 905 7.11% Unit R8 _1.I12 10-00% TOTAL 11,317 100% Amendment No.2 to Mendenhall Marketplace Condom;niuma Page 2 2429361 Page 3 of 18 10/1712012 10:31:19 AM 6. That amended exhibits B,C,D,E,F and G are attached hereto showing the addition of Unit R8 and are incorporated herein by reference and shall replace exhibits B,C,D,F,F and G previously on file and of record in the office of the Gallatin County Clerk and Recorder's Office filed as Document No.2316527,and Document No.2325763. 7. That except for the specific changes, modifications, clarifications and additions contained and set forth above,each and every one and all the terms and conditions of the restated condominium declaration and all amendments thereto remain in full force and effect,unchanged and unaltered by this Amendment except where inconsistent-with or in conflict with the teams hereof in which case this Amendment shall control, IN WITNESS WHEREOF,I certify that this Amendment has been adopted by a vote of the Owners of one hundred percent(1001/,,)of the members of Mendenhall Marketplace Condominium Owners Association. MENDENHALL MARKETPLACE CONDOMINIUM OWNERS ASSOCIATION BrNin-Caldwell,PiMsident Amendment No.2 to Mendonhaff Marketplace Condominiums Page 3 2429361 Page 4 of 18 10117/2012 10-31,19AM STATE OF MONTANA ss COUNTY OF GALLATIN -1-7+ On this ci-i '�day of4D�2012,before me,a notary public in and for the State of Montana,personally appeared BRIAN CALDWELL,known to me to be the President of the Mendenhall Marketplace Condominium Owners Association and the person whose name is subscribed to the within instrument and acknowledged to me that be executed the some pursuant to the authority vested in him. IN WITNESS WHEREOF,I have hereunto set my hand and seal the day and year first above written. Phyllis C—Iahnron C Notary PUMC St f�j far the Stato of VorliOnS R 0 d"q 2�ddimq et: �;otury'Pubfi for the State of Montana SEA1 Montana E Residing at-1 g a de 417- My my comnismcn Lxpircs: My Commission 9xpires. 1,O// Z d�5 Amendment No,2 to Mendenhall MarketplaGe Condominiums Page 4 2429361 Page 5 of 18 1 011 7/201 2 10:31:19 AM CELIMCATE OF&OOR PLAN ME AM lV 2WM lw Q.2 The undersigned,being,a duly registered professional architect in the State of irfontana, herewith certifies the following:. "flrat the attached floor plans and site plans for Amendment No.2 to the JAMENHALL MAlt[CE'1'PLACE C ONDGhH'NWMS,located on the real property described in the aril condominium declaration on file and of record with tic Gallatin County Clerk and Recorder's Of aaec as Document No.231027 and as amended by Document No.2325763,fully and accurately depict the layout,location,unit designation and floor plans and site plans are an accurate copy of the plans filed with and approved by the officials and ofiYeers of the State of Montana having jurisdiction to file building perrrrlts. Registered Professional'Ot �. 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