HomeMy WebLinkAbout17- Conditional Irrevocable Offer of Dedication - RTR Holdings, II, LLC - South University District Phase 2 Minor Subdivision, Lot 1 Return to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman, MT 59771-1230 /
PLATTED
2593384
Page: 1 of 4 09/20/2017 04:23:45 PM Fee: $28.00
Charlotte Mills - Gallatin County, MT MISC
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City of Bozeman Conditional
Irrevocable Offer of Dedication
This Irrevocable Offer to Dedicate and Declaration of Restrictions (hereinafter "Offer")
is made this �-t"Iday of 2017, by RTR Holdings, II, LLC, 22 Turtle Rock
Court,Tiburon, California(hereinafter referred to as "Grantor").
WHEREAS, Grantor is the legal owner in simple fee interest of certain real properties
located in the County of Gallatin, State of Montana, and described as Lot 1 of South University
District Phase 2 Minor Subdivision, located in the NW1/4 of Section 24, Township 2 South,
Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana on file and of record in the
office of the Clerk and Recorder of said County [Plat reference: J-605] (hereinafter referred to as
the "Property") and
WHEREAS, Grantor applied to the City of Bozeman (the "Municipality") for approval
to undertake development as defined in Chapter 38.42, BMC within the City of Bozeman
(hereinafter the "Permit"); and
WHEREAS, approval of Application 17151 was granted on O(AL_\4 21) , 2017, by
the Municipality in accordance with the provisions of Title 38, BMC, hereby incorporated by
reference; and
WHEREAS, Grantor wishes to meet the requirements of Title 38, BMC, to provide
public access and/or allow simultaneous construction of infrastructure and improvements which
will later be granted to the Municipality, with the buildings, remaining improvements and land
appurtenant thereto to remain in private ownership, as authorized in Section 38.39.030.C; and j
WHEREAS, the water and sewer improvements and street infrastructure appurtenant to
and to be installed or constructed on or under the above described lands, and infrastructure
and/or interests therein are to be dedicated to the Municipality, free and clear of all
encumbrances, pursuant to said final approval of the Permit; and,
WHEREAS, it is intended that this Offer is irrevocable and shall, upon written
acceptance by the Municipality and final approval of the Permit referenced herein, grant all
rights of use or access for maintenance and repair of the said improvements and infrastructure I,
offered;
NOW THEREFORE, in consideration of the granting of, and conditioned upon, the final
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approval for application no. 17151, the Grantor hereby offers to dedicate to the Municipality, the
sewer and water improvements and street infrastructure constructed or be constructed upon the
real property as specifically set forth, described and identified in the plans and specifications
issued or prepared by Stahly Engineering & Associates, 851 Bridger Drive, Ste 1, Bozeman, MT
59715 Project 2484-00116 dated 6-30-17, which are by this reference incorporated in this
instrument.
1. Benefit and Burden. This Offer shall run with and burden the Property and all
obligations, terms, conditions, and restrictions hereby imposed shall be deemed to be covenants
and restrictions running with the land and shall be, upon the issuance of the final Permit
reference herein, be effective limitations on the usciare and access of the Property by Grantor
and shall bind the Grantor and all successors and assigns. This Offer shall benefit the
Municipality only so long as said improvements and infrastructures for sewer and water exist on
the Property.
2. Construction and Validity. If any provision of these Restrictions is held to be
invalid or for any reason becomes unenforceable, no other provision shall be thereby affected or
impaired.
3. Successors and Assigns. The terms, covenants, conditions, exceptions,
obligations, and reservations contained in this Offer shall be binding upon and inure to the
benefit of the successors and assigns of both the Grantor and the Municipality, whether voluntary
or involuntary.
4. Limitations. The construction and other standards adopted or utilized by the City
of Bozeman regarding legal form, construction materials, warranty, and all other elements
relating to improvements or infrastructure constructed or be constructed pursuant to the Permit
shall be fully applicable.
5. Term. This irrevocable Offer of Dedication shall be binding for the duration of
Final Site Plan approval process. Upon written acceptance of this Offer by the Municipality, this
Offer and the terms, conditions, and restrictions hereof shall exist in perpetuity, shall have the
effect of a grant by Grantor, subject to the conditions stated herein, and shall run with the land
and be binding on the parties, their heirs, assigns, and successors, PROVIDED, HOWEVER, this
grant shall be null and void if the Permit referenced herein is not granted and issued by the
Municipality on or before one year after the date of Final Plan approval or extensions of the date
of approval.
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RTR Holdings,II,LLC
BY: Three Rivers Capital, LLC, Manager
BY:
ITS:
STATE OF 11! (��✓►� )
:ss.
County of (4-� Fl4,)Q(W )
On this I J day of TG , 2017, before me, the undersigned, a Notary Public of
the State ofG41lru✓11!4 ersonally appeared X66-ti4 /-. being
the Member of Three Rivers Capital, LLC, Manager of RTR Holdings, LLC, known to me
to be the person that executed the within instrument and acknowledged to me he executed
the same on behalf of the LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal as
of the day and year first above written.
(seal)
DAVID' "ARLES"FREEEIAN NOTARY PUBLIC for the State of C t ,�'�✓�)4
Nolgly P0110-ctilfoinle Printed Name: p S.J> G Gr-1 Ln
Sad Fnn94leoDRPnIY
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ACCEPTED:
CITY OF BOZEMAN, MONTANA
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ATTEST: l�( •9
City Clerk * . �,'�`J 'z
IN Cp.
STATE OF MONTANA ) "
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County of Gallatin )
On this day of 2017, before me, the undersigned, a Notary
Public forte State of Mon ana, personally appeared DENNIS M. TAYLOR and
ROBIN CROUGH, known to me to be the City Manager and City Clerk for the City of
Bozeman, respectively, and the persons whose names are subscribed to the within
instrument, and acknowledged to me that they executed the same for and on behalf of the
City of Bozeman.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal
the day and year first above written.
"Q BRENDA SWEENEY `
p SINF Notary Public for the Sfkle of Montana
,�'�?.• F.�;' Notary Public
'"'e1AR1.4 for the State of Montana Residing at Bozeman, Montana
Residing at: My Commission Expires
Bozeman, Montana
-,;�iF .• ?: My Commission Expires:
`'%,„ „„„�,,`,�• December 02,2018
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