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HomeMy WebLinkAbout018.4_LOT MERGER AGREEMENT 1 Inter-office original to: City of Bozeman Department of Planning & Community Development 20 East Olive Street Lot Merger Agreement This Agreement is entered into on this _____ day of ___________________, 2022, by and between Mark Nahorniak (hereinafter called "Property Owner") with address of 5170 Durston Road 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 5170 Durston Road. and legally described as: THE PROPERTY DESCRIBED IN DOCUMENT NO. 2602650, AND BEING A PART OF TRACT 6 AND TRACT 7, SMITH SUBDIVISION, LOCATED IN NW ¼ OF SECTION 11, T. 2 S, R. 5 E. OF P.M.M., CITY OF BOZEMAN, 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 development and construction of two new four-plex structures to be completed in two phases which contains the following condition of approval: 1.Prior to issuance of a demolition or building permit, the applicant shall consolidate the two underlying lots that comprise the subject property through a subdivision exemption process or through a separate legal instrument approved by the City Attorney. 2 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. 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. 8. 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. 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 ________________, 2022. PROPERTY OWNER _______________________________________ Print Name: ____________________________ STATE OF MONTANA ) :ss County of Gallatin ) On this _________day of , 2022, before me, the undersigned, a Notary Public for the State of Montana, personally appeared personally appeared __________________________, known to me to be the owners of the real property addressed as _______________, Bozeman MT 59717 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) __________________________________________ Printed Name_______________________________ Notary Public for State of Montana Residing at: Bozeman, Montana Commission Expires: ____________ (Use 4 digits for expiration year) CITY OF BOZEMAN __________________________________________ Tim McHarg, Planning Director STATE OF MONTANA ) :ss County of Gallatin ) On the day _______of _________________________, 2022, before me, a Notary Public for the State of Montana, personally appeared Tim McHarg, known to me to be the person described in and who executed the foregoing instrument as Planning Director 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) __________________________________________ Printed Name_______________________________ Notary Public for State of Montana Residing at: Bozeman, Montana Commission Expires: ____________ (Use 4 digits for expiration year)