HomeMy WebLinkAbout17- Conditional Irrevocable Offer of Dedication - J&D Family Limited Partnership - J&D Family Subdivision, Phase 2, Lot 1 Return to:
City of Bozeman
Gity Clerk
PO Box 1230
Bozeman, MT 59771-1230
PLATTED
2598125
Page: 1 of 3 11/09/2017 02:28:32 PM Fee. $21.00
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 day of N L)A ,2017,by J&D FAMILY LIMITED PARTNERSHIP, OF
270 AUTOMOTIVE AVE,BOZEMAN,MT 59718 (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 the J&D Family Subdivision, Phase 2, located in the SEl/a of Section 9, Township 2
South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, according to the
official survey thereof on file and of record in the office of the County Clerk and Recorder of
Gallatin County,Montana. (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#17318 was granted on ,
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
WHEREAS,the water and sewer improvements and street infrastrticture 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 offered;
NOW THEREFORE, in consideration of the granting of, and conditioned upon, the final
approval for application#17318, 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
GENESIS ENGINEERING INCORPORATED AT 204 North 11TH Avenue, Bozeman, MT. Project
number 1134.003 dated (with subsequent approved revisions), 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 use 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.
J&D Family Limited Partnership
By: 44-( atla�'
J( ignature) (Print)
Its
State of jyn— )
:ss:
County of ea ,�o
II_ On this � day of 2017 before me personally appeared
Joe. :13i U-4 Do , whos identity was proved to me on the basis of satisfactory
evidence to be the persons whose name is subscribed to this instrument, and acknowledged that
s/h executed 1 the same as l ber of, and for and on behalf of
'0tI 11//y� J
`0>—j R KUc ' Notary Public
�olnAiq�. :for the State of Mor�S?�Na
. - Residing at:
*' SEAL. *" Belgrade, Monta�Egn d:
'=9 A�PT- My Commission Ex1 Pu r ie to of i
'<•�OF Mv`,;�' July 01,2018
"Olisi >ng at:
(NOTARIAL SEAL) My Commission E ires:
ACCEPTED:
CITY OF BOZEMAN, MONTANA
Interifn City Manager
ATTEST: pF 130
Z'
L�AkVEJ� (As2�)
' • ' ' • �,'
City Clerk
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STATE OF MONTANA ) �I�'acc�,•i�� '
ss
County of Gallatin Sulp"rC'494
On this day of 2017, before me, the lundersigned, a
Notary Public for the State of Montana, personally appeared 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.
E
ENDA SWEENEYNotary Public for the State o Montana
lic
he StatID Notae ofbMontana Residing at Bozeman, Montana
Residing at: M Commission Ex iresOF
ozeman, Montana y pmission Expires:
ecember 02,2018