HomeMy WebLinkAbout16- Lot Merger, 521 West Olive Street, Coleman Inter-office original to:
City of Bozeman
Department of Community Development
20 Fast Olive Street
EATT d
2539361
Page: i of 4 03/07/2016 04:14:06 PM Fee: $28.00
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Lot Mergcr Agreement
This Agreement is entered into on this day of MW-61" , 2016, by and
between Martin Coleman (hereinafter called 'Property Owner") with address of 521 West Olive
Street 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 521 West Olive Street.
and legally described as:
x
the West 75 feet and South '/2 of Lot 15, and the West 75 feet of Lots 16-18, in 1,
Block 1, of Park Addition to the 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 an application to the City of Bozeman for the
following alterations to the Property: 1, the demolition of the existing attached ca ort 2
the construction of a new 1 t/2 story detached garage with an Accessory Dwelling (Unit
(ADU) above and 3) related site improvements (zoning project 16027 known as the
Coleman Accessory Dwelling Unit application) which was approved on February 8,2016
and contained the following condition of approval: 1.Prior to issuance of a demolition or
building permit the applicant must consolidate the four underlying lots that comprise the
subiectperty through a subdivision exemption process or through a separate legal
instrument approved by the City Attorney.
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5. 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
deviation is granted from the City.
6. Any 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 or.the
referenced subdivision plat,must no longer be considered as lot lines for any zoning,
subdivision, or building purpose,and the lots that make up the Property must 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 must 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.
9. This agreement must bind future use and development of the lots and must survive any
conveyance by the Property Owner to any other party or purchaser and must remain in
effect despite any separate conveyance of the individual lots merged by this Agreement.
10. This Agreement must 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 must run with the land and bind the Property
and must inure to the benefit of and be binding upon the parties hereto and their
respective heirs, successors,and assigns.
12. This Agreement must be recorded at the Gallatin County Cleric and Recorder at the
expense of the Property Owner. A recorded copy must be returned to the City of
Bozeman Department of Community Development,
13. The parties acknowledge they have the legal authority to enter into this Agreement.
Dated this day of "<`r r , 2016.
2
PROPERTY OWNER
Tint Name:A:A2-'� n.t :
STATE OF MONTANA )
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County of Gallatin )
On this -4- day of /Sar �- , 2016, before me, the undersigned, a
Notary Public for the State of Montana, personally appeared personally appeared
KAAiM W r � known to me to be the owners of the real property addressed as
gv2_1 vJ, 0L_t%/,E r , 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 ritten.
(SEAL)
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Printed _
."" Name
MARY E HOWARD
aNp1Ag144•O NOTARY PUBLIC for the Notary Public for State of Montana--.--.--—-
SEAL .
*; .* state of Montana Residin at: Boze sIontatia '
Residing at Bozeman,Montana g
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CITY OF BOZEMAN
Wendy Thomas,
Director of Community Development
STATE OF MONTANA )
:ss
County of Gallatin )
s of ., , 2016, before me, a Notary Public
On the day
for the State of Montana, personally appeared Wendy Thomas,,kriawn to me to be ithe person.
described in and who executed the foregoing instrument as Director of Community.Development
of the City of Bozeman, whose name is subscribed to the within instrument and acknowledged 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) t
'Printed
Name . _. :'"
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ALICIA KENNEDY Notary Public for State;of 1VINQTARYPf1BlICforthe
" STATE OF MONTANA Residing at: Bozeman,Mori. .01„"Rastdin< at Boz 'M�co son F-Xpl�na Commission Expires: � -�^,�:�) mmission August 04,2019
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