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Home My WebLink About19- Conditional Irrevocable Offer of Dedication - Ironwood, Inc. and Skeeter, LLC - West Peach Condos Intersection Improvements Return t®a City of Bozeman City Clerk PO Box 1230 Bozeman, MT 59771-1230 EtLPLATTED fp// 2653981 Page: 1 of 5 08/09/2019 02:45:24 PM Fee $35.00 Eric Semerad - Gallatin County MT MISc 11111111111111111111111111111111111 IIII IIII IIIII IIIII IIIII IIIIIII III IIIII IIIII IIIII IIII IIII City of Bozeman Conditional Irrevocable Offer of Dedication This Irrevocable Offer to Dedicate and Declaration of Restrictions (hereinafter "Offer") is made this '�'l day of — 2019, by Ironwood Inc, & Skeeter LLC ,320 West Lamme Street, Bozeman MT 59115 (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 A Block 1 of Amended Plat of the Amended Plat of Lots 1, 2, 3 & 4 of Block 1, Correction Plat of Westlake's First Addition to Bozeman Located in the SE `/a of Section 1 T.2.S., R.5.E., City of Bozeman, Gallatin County, Montana, 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 38.7,BMC within the City of Bozeman(hereinafter the "Permit"); and WHEREAS, approval of Application 18295 was granted on 3/25/2019, 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 38.270.030.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. 18295, 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 Madison Engineering LLC,895 Technology Blvd Suite 203 Bozeman MT 59718, Project 18295 dated April 11, 2019 (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. Ironwood Inc. & Skeeter LLC By: Julien D. Morice signature) (print) Its: Managing Member of Ironwood Inc. & Skeeter LLC State of Montana ) :ss: County of Gallatin_ ) On this °I day of T ..tt 2019 before me personally appeared Julien Morice, whose identity was proved on the basis of satisfactory evidence to be the persons whose name is subscribed to this instrument, and acknowledged that he executed the same as Managing Member of, and for and on behalf of Ironwood Inc. & Skeeter LLC. Print Name: C (-E 9-Q t,l 0C 5 V r CH-Us t�t_!t�ESKi Signed: hso-K o f mi Notary Public for the State of Montana .•�;;=flct2:l%•; f^.,tt�'��it�of Montana Y Resic:rnq at:er'nan, (viontun� Residing at: Bozeman Montana [?oz :�: _•';,, `' P:";, rnissicn expires: My Commission Expires: Nmu. Z 20�'➢l ACCEPTED: CITY O OZE N,MONTANA ate. -City Manager 0Z ATTEST: •' 9 ' �■ �.^.( w�;'fir.■ . City Clerk - * • '�."�: _= z STATE OF MONTANA ) �L`177N co ss , County of Gallatin ) On this } day of \ 2019, before me, the undersigned, a Notary Public for the State of Montana, personally 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. """ BRENDA SWEENEY Notary Public mQ'00TAR14(�c for the State of Montana Notary for the State of ntana (SEAL esiding at: Residing at Boze n, Montana .SEAL Bozeman, Montana My Commission Expires: My Commission Expi December 02,2022 LETTER OF TRANSMITTAL --y MADISON ENGINEERING Date: July 10, 2019 To: Griffin Nielson Bozeman Engineering Dept. Project: 3`d&Peach 20 East Olive Street Project No: 17-147 P.O. Box 1230 Bozeman, MT 59771-1230 Irrevocable Offer to Dedicate Reference: & DEQ approval From: Madison Engineering LLC JUL 12 2019 Chris Budeski, PE 895 Technology Blvd Ste 203 ENGINEERING DEPARTMENT Bozeman MT 59718 Ph(406) 586-0262 Fax (406) 586-5740 ❑ By Fax ❑ By Mail ❑ Priority Overnight ® Delivered By Hand ❑ To Pick Up Attachments: ❑ Exhibits ❑ Contract Documents ❑ Reports ❑ Plans / Specifications ❑ Change Order ❑ Plat Submittal ❑ Shop Drawings ❑ Estimate ® Other Messages: Dear Griffin: Attached please find the original and signed Irrevocable Offer to Dedicate and a copy of the DEQ approval letter. Please process at your earliest convenience and if you have any questions feel free to call me at 586-0262. CC: file 895 Technology Bled Ste 203 Bozeman, 1\TT 59718 Phone:406.586.0262 Fax:406.586.5740