HomeMy WebLinkAbout13- Water Rights and Restriction on Future Development for Southbridge Subdivision J-508
Send Otiplial to:
City of Bozeman
Planning Department
P.O.Box 1230
BozemAn,AfT59771
Page: I of 2 06/10/2013 03:20:58 PM Fee $14.00
Charlotte ill. - G-11-ti, County, MT Isc
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Southbridge Subdivision Phase I A, Lot 11, Block 5
Notice on Obligations Regarding Water Rights
and Restriction on Future Development
The undersigned property owner of Lot 1, Block 5 of Southbridge Subdivision Phase I A, on
behalf of itself and its successors in interest, does hereby provide notice to all future purchasers
and successors in interest to Lot 1, Block 5 of the Southbridge Subdivision Phase I A (the "Lot")
that future development and/or construction on the Lot is restricted as described herein.
The undersigned property owner of the Lot, on behalf of itself and its successors in interest, does
hereby declare and provide notice that the provision of water rights for the Lot required pursuant
to the JCD Annexation Agreement recorded May 02, 2006, as document number 2226694 and
the conditions of approval for the Southbridge Subdivision Phase 1, dated April 25, 2011 , have
been provided for the Lot in the form of a cash-in-lieu of water rights payment in an amount
sufficient only for the development of four (4) units on the Lot. Such payment was made at the
time of approval of the final plat of Southbridge Subdivision Phase IA.
The property owner, on behalf of itself and its successors in interest, therefore acknowledges and
agrees that the City of Bozeman may restrict development on the Lot in excess o C four (4) units
until such time as additional water rights or an additional payment-in-lieu of water rights are
provided to the City in an amount required for each additional unit above four units, pursuant to
the requirements of Section 38.23.180, Bozeman Municipal Code, as amended.
The property owner, on behalf of itself and its successors in interest, further acknowledges and
agrees water rights or a payment-in-lieu shall be made to the City pursuant to the requirements of
the Bozeman Municipal Code prior to any land use approval by the City including approval of a
building pen-nit.
The City may, in its sole discretion, determine whether to accept water rights or require a cash-
in-lieu payment. Such determinations shall be based upon the provisions of the Bozeman
Municipal Code and any adopted administrative procedures in place at the time of any building
pen-nit, development review, site plan review or subdivision review, whichever occurs first.
Lot I Block 3 Southbridge Subdivision Phase IA Page 1 oft Fee in Lieu of Water Right Agreement
The property owner, on behalf of itself and its successors in interests, agrees this restriction shall
run with the land and bind all future owners of Lot 1, Block, 5 of the Southbridge Subdivision
Phase IA. The owner shall record this notice in the office of the Gallatin County Clerk and
Recorder and provide a copy of this notice and restriction to each purchaser of the Lot and to the
City with any application for a site specific development.
DATED this— —day of April, 2013.
Y: ANDREW D. HOLLORAN,
VICE PRESIDENT, HOLYOKE IV, INC
Owner of Lot 4, Block S,
Southbridge Subdivision Phase IA
STATE OF MONTANA )
)ss.
County of Gallatin }
On this - day of April, 2013, before me the undersigned, a Notary Public for
the State of Montana, personally appeared Andrew D. Holloran, known to me to be
the legal property Owner of Lot 1 Block S of Southbridge Subdivision Phase I A, the corporation
that executed the within instrument, and acknowledged to me that he executed the same for and
on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed nay Notarial Seal the
day and year first above written.
�� Chris Budeski
.�""`"'art° n ,
X, ' U) Notary Public Notary Public ublic for the State of Montana
Q. TAR Iq�. rfor the State of Montana r
. SAL *r Ba Lemanr,Montana
y Commission Expdres:
%. a November 26, 2015 (Printed Name)
Residing at EQ - r
My Commission Expires 6pcqco. #r `
Lot I Block 5 Southbridge Subdivision Phase IA Page 2 of 2 Fee in Lieu of Water Right Agreement.