Title 17 SUBDIVISIONS*
APPENDICES
X. Declaration of Covenant:
(To be shown on or filed with final plat where the five acre,
single family dwelling exemption applies.)
THIS DECLARATION made on the date hereafter set forth, by
_______________ (Name of Subdivider).
W I T N E S E T H
THAT WHEREAS, Declarant is the owner of certain property
known as _______________ (Name of Subdivision) in Flathead County, State of
Montana, which is more particularly described in attached Exhibit A.
NOW, THEREFORE, _______________ (Name of Subdivider) hereby
declares that all of the properties described above shall be held, sold, and
conveyed subject to the following covenant which shall run with the real
property and be binding on all parties having any right, title, or interest in
the described properties or any part thereof, their heirs, successors and
assigns, and shall bind each owner thereof. The covenant may be revoked for any
or all parcels within the subdivision by mutual consent of the owners of the
parcels in question and the governing body of Columbia Falls.
TO WIT:
No parcels within _______________ (Name of Subdivision) may
be resubdivided into parcels containing less than five acres and only single
family dwellings and their associated out-buildings may be constructed within
the boundaries of the subdivision, and only one such dwelling may be constructed
on any present or future parcel or lot within the constructed subdivision. For
the purpose of this restriction "single family dwelling" shall mean a building
under roof designed and intended for use and occupancy as a residence by a
single family.
The governing body of the City of Columbia Falls is deemed to
be a party to and may enforce this covenant.
IN WITNESS WHEREOF, the undersigned have hereunto set their
hands this _____ (date) day of __________ (month), _____ (year).
_________________________
(Signature of Subdivider)
_________________________
Acknowledgement and notarization of signature