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HomeMy WebLinkAboutAmendment No. 1 to Final Condominium Declaration for Intermodal Commerce Condominiums Fl!",u r I t y Ti J;I orrrp a ny BOY o 7 r:,,rn a NIT 047 7 1 -6 . .1 .550 March Law,P,C, 225 E.Mendenhall Bozeman,MT 59715 4=h6datka HOW&*0* UT 2429362 Page I of ID 10f1712012 iO:31 19 AM Fie: $136cca Oh—jotte Mills - GallaAl" Cow t MT MI No 5 IN KIIIII IFAIIIIIIIII oil I ,11RIzu 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 Page 9 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 Page 2 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 Page 3 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 Page 4 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 Page 5 2429362 Page 6 of 16 10/17/2012 1 0:31:19 AM 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. 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