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HomeMy WebLinkAbout14- Lot Merger Agreement 2-e�tA I ,vl f 5� L Lot Merger Agreement This Agreement is entered into on this 21a_ day of . ► -e,Y1� C- , 201 19 a by and between John Gallagher ler (hereinafter called "Property Owner") witli address of 602 South 8'Avenue, Bozeman, MT 59715 the City of Bozeman, (hereinafter called "City") a self governing Montana municipality with address of 121 North Rouse Avenue PO Box 1230 Bozeman MT 59771. For good and valuable consideration,Property Owner and City agree as follows: 1. Property Owner is the current owner of the real property in the City of Bozeman located at 602 South Wh Avenue and legally described as: Lots 23 & 24, plus vacated 6-foot strip, Block 40 Park Addition, City of Bozeman, Gallatin County, Montana. (the "Property"). 2. The Property consists of more than one contiguous lots or portions of lots all of which are located in a residential zoning district of the City and were platted prior to the adoption of zoning regulations by the City of Bozeman. ®N 3. The lots making up the Property currently serve a single principal use as described by Bozeman M£ Municipal Code Section 38.42.2450 and the Property Owner desires to continue to use the above described Property as a single principal use, m m — L 4. The Property Owner submitted a Zoning Variance with Certificate of Appropriateness application �£ to the City of Bozeman for the following alterations to the Property: 1)the removal of an existing a r— single-car, single-story garage and 2) construction of a new single-car, sin le-story garage on the lot addressed as 602 South 8th Avenue (zoning application no. C14001 known as the Gallagher 00= Garage projed). a c� a-� w ro� Mm 5. The application for the Property contained a zoning variance specifically requested from Section ©�= 38.08.OSO.A.3 of the Bozeman Municipal Code, to allow the construction of a new sin le-car single-story garage to encroach not more than 1"6" into the required 5-foot side yard setback on M o the property's south side and was approved on September 15, 2014 by the City Commission and 01 o- contained the following condition of approval: 2. Prior to issuance of a building Wrmit the d'm applicant shall aggregate the two lots or enter into a lot merger agreement approved by the City of "L= Bozeman. 1 6. Bozeman Municipal Code Section 38.08.050 requires a minimum five (5) foot setback from all property lines to buildings on a residentially zoned lot unless an appropriate zoning variance or deviation is granted from the City. 7. Each of the above described lots is either(i) not subject to liens or mortgages, or (ii) any such liens or mortgages apply equally to all of the above described lots. 8. Merging the above described lots for purposes of development of the Property as one parcel would ensure the above described development proposed by the Property Owner and as approved by the City complies with the Bozeman Municipal Code zoning and building regulations regarding construction across lot lines.As such,for the purposes of complying with Bozeman Municipal Code Chapter 38 (Unified Development Code), all interior lot lines identifying individual lots that make up the Property,as shown on the referenced subdivision plat,shall no longer be considered as lot lines for any zoning,subdivision,or building purpose,and the lots that make up the Property shall be considered a single lot. This document is not an instrument of conveyance; as such, for purposes of Sect. 76-3-103(16)(c); MCA,this Agreement is not intended to act as a merger of the underlying parcels of land. 9. The parties hereby agree that the lots shall not be unmerged or developed independently without the approval of the City and only in compliance with the standards and procedures of the Bozeman Municipal Code and the Montana Code Annotated. 10. This agreement shall bind future use and development of the lots and shall survive any conveyance by the Property Owner to any other party or purchaser and shall remain in effect despite any separate conveyance of the individual lots merged by this Agreement. 11. This Agreement shall not affect the legal description or title to the lots making up the Property and is not intended to affect the treatment of the lots that make up the Property for purpose of taxation. 12. The terms and conditions contained herein shall run with the land and bind the Property and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors,and assigns. 13. This Agreement shall be recorded at the Gallatin County Clerk and Recorder at the expense of the Property Owner. A recorded copy shall be returned to the City of Bozeman Department of Planning and Community Development. 14. The parties acknowledge they have the legal authority to enter into this Agreement. Dated this Z4o day of vh,�al', 20 . PROPERTY OWNER C, rint Name: 'ji /1N C-j a,t((L�,�y STATE OF MONTANA ) :SS County of Gallatin } On this ay of zlnt ��, 201 , before me, the undersigned, a Notary Public for the State of Montana, personally appeared J ofF n1 C .AL-(-A-Gr-FE te— ,known to me to be the owner of the real property addressed as tool S.Lityry .Bozeman MT 59715 that executed the within instrument,and acknowledged to me that they executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) PHYLLIS C CONNER Printed Name n/IZJ6f2 ;ry�Ja 4�," NOTARY PUBLIC for the 4 ' �p State of Montana Notary Public for State of Montana SEAL Residing at Residing at: Bozeman, Montana Q,= Bozeman,Montana '�6; MY Commission Expires Commission Expires: 2- 2O/( " July 12_2016 (Use 4 digits for expirAff'on y ) CITY OF BOZEMAN Wendy Thomas, Community Development Director STATE OF MONTANA ) :SS County of Gallatin ) �i-, On the day `�_of C] (' , 201�, before me, a Notary Public for the State of Montana,personally appeared Wendy Thomas,known to me to be the person described in and who executed the foregoing instrument as Community Development Director of the City of Bozeman, whose name is subscribed to the within instrument and acknowledged to me that she executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. (SEAL.), TARA L HASTIE Slid -, Notary P:,17,11c Ar,A� for the 5t ite of fvior,tar,a Printed Nanle�t��� rtes,dinq at Notary Public for State of Montana ` :yl'.;�E. •* Bozenr<tn, Ivlont.3na D t � - any cornet scion Expires' Residing at: Bozeman,Montana April 04, 2017 Commission Expires: _t w"17 (Use 4 digits for expiration year)