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Home My WebLink About18- Conditional Irrevocable Offer of Dedication - Bozeman West Land Development Partners, LLC - Lot B of COS 1256A (Bozeman West Apartments) After recording return to: 2fi28006 City of Bozeman 121 N. Rouse Avenue CharlottefMills �0Gallattin County, MT Fee $2MISC Bozeman, MT 59715 ��IIIIII IN 111111111111111111111111111111111111111111111 IN PLAT 1-E:1) City of Bozeman Conditional Irrevocable Offer of Dedication This Irrevocable Offer to Dedicate and Declaration of Restrictions (hereinafter "Offer") is made this day of p Lja V34 2018, by Bozeman West Land Development Partners, LLC, a Montana limited liability c mpany of P.O. Box 9079, Missoula, MT 59807 (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 B of COS 1256A, on file and of record in the office of the Clerk and Recorder of said County (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 17-108 was granted on June 28, 2018, 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 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 offered; NOW THEREFORE, in consideration of the granting of, and conditioned upon, the final 1 approval for application no. 17-108, 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 Morrison Maierle 2880 Technology Boulevard West, Bozeman, Montana 59718,Project Bozeman West—Apartments 3959.021 dated June 71h,2018 (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. Bozeman West Land Developm t Partners, LLC, a ontana limited liability c mpany By: k James P. McLeod Its: Authorized Representative 2 State of MONTANA ) :ss: County of Missoula ) On this Q 9 day of August, 2018 before me personally appeared James P. McLeod, Authorized Representative of Bozeman West Land Development Partners, LLC, a Montana limited liability company,whose 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 he executed the same. /AV//V�� '�oHns•. J I LL J O H N SO N NOTARY PUBLIC for the N TARP UBLIC FOR THE STATE OF MONTANA SEAL' - State of Montana Residing at Missoula,Montane OF My Commission Expires October 6,2019 ACCEPTED: CITY OF BOZEMAN,MONTANA -� der-ice-City Manager •° '` '` ' BOZE ., ATTEST: J1 • City Clerk STATE OF MONTANA ) ss County of Gallatin ) � C 1/1t JIL Vv IN rQ On this day of 2018, before me,,the undersigned, a Notary Public for the State of Montana, personally appeared CW4GK—iitrrri v and ROBIN CROUGH, �rN 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 f 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. BRENC W ENEY `;:�aoA swEFy,; Notary Public for the State of ontana Notary Public m?NOTAR/q-,;for the State of Montana Residing at Bozeman,Montana *; -- * Residing at: My Commission Expires 61 SFAL Q, Bozeman, Montana My Commission Expires: December 02,2018 3