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Home My WebLink About15- Jeremy Mistretta Lot Merger Agreement which Binds future Development 1 Inter-office original to: City of Bozeman Department of Community Development �� L/�� 20 Last Olive Street Page: 1 of 4 07/29/2015 09:43:39 AM Fee: $28.00 Charlotte Mills - Gallatin County, MT MISC III II IN 111111111 III1I 1111111111 III 11111111111111 IN PLATTED Lot Merger Agreement This Agreement is entered into on this A day of JV.W, _, 2015 by and between Jeremy Mistretta (hereinafter called "Property Owner") with Aldress of 439 North Black Avenue Bozeman MT 59715 and the City of Bozeman, (hereinafter called "City") a self governing Montana municipality with address of 121 North Rouse Ave. P.O. 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 439 North Black Avenue, Bozeman, MT 59715; and legally described as: Lots 16-17, Block E, R06 E, T02 S, S07, Beall's 2nd 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. 3. The lots making up the Property currently serve a single principal use as described by Bozeman Municipal Code Section 38.42.2450 and the Property Owner desires to continue to use the above described Property as a single principal use. 4. The Property Owner has submitted a Certificate of Appropriateness application with Deviations to the City of Bozeman for the following alterations to the Property: 1)demolition of the existing addition to the rear of the structure; 2)construction of a new addition; 3)installation of new windows and exterior materials; and 4)related site improvements; which was approved by the City Commission on July 20, 2015 and contained the following condition of approval: 2.Prior to issuance of a building permit,the applicant shall consolidate the underling lots that comprise the subject property through either a subdivision exemption process or by filing a Lot Merger Agreement with the Department of Community Development. This agreement will be supplied to you by PlanningStaff. taff. 5. Bozeman Municipal Code Section 38.08.050 requires a minimum five(5)foot setback from all side yard property lines to buildings on a residentially zoned lot unless an appropriate deviation is granted from the City. 1 6. 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. 7. 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. 8. The parties hereby agree that the lots shall not be immerged 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. The parties acknowledge they have the legal authority to enter into this Agreement. Dated this- day of — ,2015. PROPERTY OWNER Print Name: ,6 t'1 STATE OF MONTANA ) :ss County of Gallatin ) On this day of JLLILA 2015,before me, the undersigned, a Notary Public for the State of Montana, personally appeared personally appeared hVMLA MI _ , known to me to be the owners of the real property addressed as 439 N. Black AventV 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. KATHERINE MAINE_S� ' • .... ; Notary Public !! ��-,poi Aa q<,�N:for the State of Montana lied Name Residing at: ( Nota ublic for Stat ontana s�.Sl 'mil Belgrade, Montana cOF N10��P?, My Commission Expires Residing at: man, Montana July 22,2016 Co ssloil EXplr' _ se 4 digits for expiration year) i i , CITY OF BOZEMAN : Wendy Thomas, Community Development Director STATE OF MONTANA ) :ss County of Gallatin ) On the day of W , 2015, before me, a Notary Public for the State of Montana, personally appeared Andy 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 aclaiowledged to me that he 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) KATHERINE MAINES ted Name ` E M9i Notary Public Notary Pu or State of Montana �oSnRrq�2�n;for the state of Montana Residing at: Bozema ontana _ — = Residing at: �, ,SEAL. Q= Belgrade, Montana Commission Expires:_ ''9 OF ma,,, ` MyCommission Ju y 22 i 2p6pires: (Use 4 digits for expiration year)