HomeMy WebLinkAbout19- Conditional Irrevocable Offer of Dedication - Wallace-Babcock Properties, LLC - South Wallace Aurn'to:
of. Bozeman
City Clerlc
PZ%:) Box 1230
E= ,zeirier�, MT 69771.1230
PLATTE
2645366
Page: 1 of 3- 05/22/2019 02:21:09 PM Fee $21.00
Eric Semerad - Gallatin County, MT MISC
1111111I 1111III1111111I111111IN1111111111111111111111111III111111111111111111
City of Bozeman Conditional Irrevocable
Offer of Dedication
This Irrevocable Offer to Dedicate and Declaration of Restrictions (hereinafter "Offer") is
made this i�tday of ?'J�Pti/L 201�, by WALLACE-BABCOCK PROPERTIES, LLC, a
Montana limited liability company of 1283 North 14th Ave, Suite 101, Bozeman, Montana 59715
(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 13A of the Amended Plat of Lot 13,
Lot 14, Lot 15A and Lot 16A, Block A of Rouse's 2nd Addition to Bozeman(Plat Reference: C-6-F)
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 no.17263 was granted on May 1", 2019, 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
approval for application no. 17263,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 Bridger Engineers,Inc.,2150 Analysis Dr. , Ste.B,Bozeman,MT
DEQ Project no. 18-1801 dated 3.12.2018 (DEQ)and 5.2.2018 (City of Bozeman Engineering) (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.
WALLACE-BA C OPERTIES,LLC
By:
eter .. Bel der M ber
B
odd . S , Me er
By: �✓ ,
Gabriel TWilliams ,Member
State of�DV1}"GIV1G� )
:ss:
County of 1))
On this 15-""day of A�v 201O before me personally appeared PETER R.
BESCHWENDER, GABRIEL Q. WILLIAMS and TODD A. SMITH, 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 they executed the same as Members of, and for and
on behalf of WALLACE-BABCOCK, LLC, a Montana limited liability company.
Print Name: K Fk Jb MOYC 4�
KETTI JO MARCOFF Notary Public Signed:
r`"•'Nornk/,44 for the Sta a of Montana Notary Public r th S ate of
N SEAL * Residing at: Residing at:
- �Q: Belgrade Montana
9'Fb � AW Expires: My Commission Expires:
LLM August 24,2019
1I
ACCEPTED:
CITY OF BOZEMAN, MONTANA
(47-2^,
Q�
City Manager
ATTEST: ^��O' ='�''•�*y''
City Cler
9TtN co
STATE OF MONTANA )
) ss
County of Gallatin )
On this W ' ' day of M III 201�_, before me, the undersigned, a
Notary Public for the State of Montana, personall appeared ANDREA SURRATT 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.
opsWF BREfyX,$�I�IEENEY
r4:0OTAAI,44'.. for the State poff Montana Notary Public for the State of Wntana
Residing at: Resi t t Bozeman,Montana
%.SEAL *= Bozeman, Montana
- My commission Expires: My Commissi 11 xpires
December 02,2022