HomeMy WebLinkAboutAmendment No. 1 to Final Condominium Declaration for Intermodal Commerce Condominiums Fl!",u r I t y Ti J;I orrrp a ny
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AMEND MENI NQ.I IQ ME FINAL CONDOMINIUM DECLARATION.
AND BY-LAWS FOR INTERMODAL COMMERCE CONDQMINIUMS
TAUS AMENDWNT executed on the day of 2012 is made
pursuant to the amendment provisions and procedures set forth in the original Condominium
Declaration and Bylaws of and for Intermodal Commerce Condominiums which were recorded as
Document No.2316526,records of the Gallatin County Clerk and Recorder's office(hereinafter
"Declaration"). This Amendment is made pursuant to the provisions contained in the Declaration
to change the boundaries of Units and pursuant to the Amendment provisions and procedures set
forth in the Declaration,which provides that the Amendment must be approved by I Wlo or more
ofthe unit owners, This Amendment was made after an affirmative vote of 100%of the unit owners
of the Intermodal Commerce Condominiums. The purpose of this amendment is to change the
boundaries of the Units whereby a space referred to asthe"Office Suite'of the Parking Garage Unit
shall become part of the Retail Unit, This space is further described and depicted as the"Office
Suite"on the Floor Plan for the second level of Intermodal Commerce Condominiums which is
attached to the Declaration as Exhibit"B",
NOW,THEREFORE,and in recognition afthe powers of Amendment described above,the
Amendment No. I to Intermodal Commerce Condominiums
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2429362 Page 2 of 18 10M712012 10:31,19AM
Amendment to the Declaration is as follows:
I. That the recitals as set forth above are hereby incorporated herein by reference.
2, The Intermodal Commerce Condominiums is comprised of two Units,namely the
Parking Garage Unit and the Retail Unit. The Parking Garage Unit contains a space on the second
floor of the building that is described on the Second Level Floor Plans thereto as the"Office Suite
-Parking Garage Unit"(hereinafter referred io as"Office Suite"").
3, The purpose of this Amendment is to adjust the boundaries of the two Units so as to
cause the removal of the"Office Suite"from the Parking Garage Unit of the Intermodal Commerce
Condominiums and to cause its addition to The Retail Unit of the Intermodal Commerce
Condominiums,
4. That the Declaration is hereby modified to reflect the change in the boundaries of the
Units in the Iniermodat Commerce Condominiums, Specifically,the space designated and described
as the"Office Suite"on the Second Level Floor Plans to the Intermodal Commerce Condominiums
Declaration shall be removed from the Parking Garage Unit of the Intermodal Commerce
Condominiums and become a part of the Retail Unit of the Intermodal Commerce Condominiums.
5. That with the change in the boundaries of the Units the initial percentage of ownership
for each Unit as set forth in the original Declarations is revised as follows:
unit &uare I'oota @c Revised Percentage of Interest
In General Cg=0 ElgaI M5
RETAIL UNIT 10,907 8.03%
GARAGE UNIT 12074 91.9m"
TOTAL 135,781 100%
6. That amended exhibits B,C,D,E,F and G are attached hereto showing the change
Amendmeni No. I to Intermodal Commerce Condominiums
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2429362 Page 3 of 1816117/2012 10:31 A 9 AM
to the boundaries of the Units and is incorporated herein by reference and shall replace exhibits B,
C,D,E,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-2316526.
7, That the Parking Garage Unit shall not adopt rules or regulations that would deny
the Retail Unit access to the stair-well leading to the Office Suite,
S. The following paragTaphshall beadded to Article fil-Easemen(s,Common Flements
-Interior Remodel.The Parking Garage Unit("Grantor")hereby grants perpetual,unfettered access
for ingress and egress to the second floor Retail Unit("Grantee")through the Parking Garage Unit's
northerly stairwell. For Purposes of this casement the second floor Retail Unit is the dominant
(benctitted)tenement and the Park Garage Unit is the servien((burdened)tenement.
9. That except for the specific changes, modifications, clarifications and additions
contained and set forth above,each and everyone and all The terms and conditions contained within
the Intermodal Commerce Condominium Declaration to remain in full force and effect,unchanged
and unaltered by this Amendment except where inconsistent with or in conflict with the terms hereof
in which case this Amendment shall control,
Amendment No. I to Intimmodal Commeroe Condominiums
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2429362 Page 4 o 18 10117=121031:119AM
IN ANTITNESS WHEREOF,I certify that this Amendment has been adopted by a vote of the
Owners of one hundred percent(100%)of the members of Intermodal Commerce Condominium
Owners Association and including,but not limited to,those on record and on file with the Gallatin
County Clerk and Recorder's Office at Document Number-g�a�
RETAIL UNIT Mendenhall Marketplace
Condominium Owners Association
By-, 4�V4 '--
Brian Caldwell
President
PARKING GARAGE UNIT
CITY OF BOZENA?(-'
Bv-
lu
STATE OF MONTANA
ss
COUNTY OF GALLATIN
On thisd "'day of 2012,before me,a notary public in and for the
State of Montana,personally appe ed Brim aldwell,known to me to be the President of the
Mendenhall Marketplace Condominiums Owners Association and the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same 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,
—� P h y 1.91 N 1 s!C.,�a h r s o n
OWY PubW ii
b
the 5 a4 o'Montana
Notary Pu tic for the Scat of ana
Tloridiriq Lit: mal 0 ont
Residing al- far r an nss,on Expires:
toontana
(SE 15
E October 16,2015 My Commission Eipires:f ell 6Z�1��
Amendment No. I to Intermodal Commerce Condominiums
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2429362 Page 5 o 18 10117/201210:31:19AM
STATE OF MONTANA
ss
COUNTY OF GALLATIN
On this day of�bgY_ . 2012,beFore me,a notary public in and for the
State of Montana,personally appeared LCII
known to me to be the
0 he Parking Garage Unit-C4 of Bo7eman and the person whose name
!dTbLn,�ibedto within instrument and acknowledged tome that he executed the same 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.
AIMEE BRUNCKHORST
aE it NOTARY PUBLIC for the I L
'Ole 11 -n
My C()MM,1Mo tana
.1.Expires Notary Public for the State of Montana
17ecernber 04,2012 Residing at:
(SEAL) My Commission
Amendment No,I to Intermodal Commerce Condominivms
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UMEIUU OF ELD!QR PLAN
The undersigned,being a duty registered professional architect in the State of Montana,
herewith certifies the following:
That the attached floor plans and site plans for Ammd rr=t No,1 to the N':t' WOGAL
COMMERCE CONDOWNIUMS,located on the real property described in the original
condominium declaration on file and of'record with the Gallatin County Clerk and Recorder's
Office as L3ocumcutNo.2316526,frilly and nocurately depict the layout,location,unit
designation and floor plans and site plans are an aocurate copy of the plans filed with and
approved by the officials and officers of the State of Montana having jurisdiction to file building
Its.
Dated: ✓ l b 2oI Z
Pmfessioigl
Number,
ice.
s
OF,
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