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1 of 4 Eli # 09-6932 Return to: Eli & Associates Inc. P.O. Box 16462 Missoula, MT 59808 AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, & RESTRICTIONS FOR THE GROVE STREET ADDITION SUBDIVISION THIS DECLARATION, made this day of 2010 by Kenneth Robert Berg, Megan Ann Westover and Travis Hawley. W ITNESSETH: WHEREAS, the Declaration of Covenants, Conditions & Restrictions for the “Grove Street Addition” subdivision were filed in Book 834, Page 1252 on March 6, 2009 with the Missoula County Clerk & Recorder. WHEREAS, Article II of the Declaration states, 2. Amendment- These covenants may be modified, changed, or added to by an instrument in writing filed with the Missoula County Clerk and Recorder Office and signed by the owners of at least seventy five percent (75%) or more of the lots to which these covenants apply. No sections of the covenants relating to wildlife, weed control, water supply for fire protection, radon, the shared driveway maintenance agreement, irrigated land, or prohibition of wood burning stoves and fireplaces shall be modified without prior written consent of the governing body. WHEREAS, the owners of 75% of the lots, those being Lots 2, 3, and 4, are Travis Hawley (owner of Lot Kenneth Robert Berg (owner of Lot 2) and Megan Ann Westover (owner of Lot Travis Hawley, Kenneth Robert Berg and Megan Ann Westover have agreed to these changes and are hereby notarized signatories to this amendment. NOTE: Essentially, the amendment is regarding a change to which lots which are allowed to use the shared private driveway and must, therefore participate in shared driveway maintenance. Additionally, the Declaration clarifies a requirement that vehicles shall not park upon any portion of the shared driveway serving said lots. Article I (11) as originally filed states, 11. Parking- No vehicles shall at any time be placed or parked on or along Grove Street, Gleason ATTACHMENT I ---PAGE BREAK--- 2 of 4 Street, or within the shared private access drive serving Lots 1, 3, and 4. Vehicles shall be parked within the garage or directly behind the garage, not impeding normal vehicular use of the shared driveway. The amendment shall state, 11. Parking- No vehicles shall at any time be placed or parked on or along Grove Street, Gleason Street, or within the shared private access drive serving Lots 1, 2, and 3. Vehicles shall be parked within the garage or directly behind the garage, not impeding normal vehicular use of the shared driveway. Article (17) as originally filed states, 17. Shared Private Driveway Maintenance Agreement- Lots 1, 3, and 4 of the Grove Street Addition Subdivision shall be provided vehicular access via the shared driveway within the private access easement, as shown on the subdivision plat. In consideration of the mutual benefits to be derived by the owners of said Lots in use of said shared driveway, the Declarants hereby agree to the following: The Declarants, or subsequent owners of either lot within the subdivision, shall together maintain said shared driveway where located on Lots 3 and 4 in a manner consistent with safe vehicular use, to include snowplowing, resurfacing, repair, and/ or other improvements or repairs as necessary. Improvements shall be performed or contracted for upon by majority agreement of the owners of said lots. The amount of regular assessments for normal and continual maintenance, and method and timing of collections thereof shall be determined by majority agreement of the lot owners. The owners of Lots 1, 3, and 4 shall be equally, jointly, and severally liable for the cost of all necessary and continual maintenance or any needed repairs of said shared driveway where located on Lot 3 and 4. The Declarants and assigns accept no liability for use of said driveway. This agreement shall be binding upon the heirs, personal representatives and assigns of the parties herein and shall be deemed to be an obligation running with the land. The amendment shall state, 17. Shared Private Driveway Maintenance Agreement- Lots 1, 2, and 3 of the Grove Street Addition Subdivision shall be provided vehicular access via the shared driveway within the private access easement, as shown on the subdivision plat. In consideration of the mutual benefits to be derived by the owners of said Lots in use of said shared driveway, the Declarants hereby agree to the following: The Declarants, or subsequent owners of Lots 1, 2, and 3 within the subdivision, shall together maintain said shared driveway where located on Lots 3 and 4 in a manner consistent with safe vehicular use, to include snowplowing, resurfacing, repair, and/ or other improvements or repairs as necessary. Improvements shall be performed or contracted for upon by majority agreement of the owners of said lots. The amount of regular assessments for normal and continual maintenance, and method and timing of collections thereof shall be determined by ---PAGE BREAK--- 3 of 4 majority agreement of the lot owners. The owners of Lots 1, 2, and 3 shall be equally, jointly, and severally liable for the cost of all necessary and continual maintenance or any needed repairs of said shared driveway where located on Lots 3 and 4. The Declarants and assigns accept no liability for use of said driveway. This agreement shall be binding upon the heirs, personal representatives and assigns of the parties herein and shall be deemed to be an obligation running with the land. NOW THEREFORE, the owners of three of the four lots hereby agree to amend these covenants in this manner. IN WITNESS WHEREOF, the undersigned have caused this Declaration of Covenants, Conditions & Restrictions for the “Grove Street Addition” subdivision to be amended by execution of this document on this day of 2010. Travis Hawley Owner of Lot 3 State of Montana County of Missoula On this day of 2010, before me personally appeared Travis Hawley, known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. ss ---PAGE BREAK--- 4 of 4 Kenneth Robert Berg Owner of Lot 2 State of County of On this day of 2010, before me personally appeared Kenneth Robert Berg, known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. ss Megan Ann Westover Owner of Lot 4 State of County of On this day of 2010, before me personally appeared Kenneth Robert Berg, known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. ss