HomeMy WebLinkAbout19- Conditional Irrevocable Offer of Dedication - Black Dirt, LLC - Lot 9 of the Stoneridge Square Subdivision (Tschache Apartments Project) ,lerurn to:
City of Bozeman
City Clerk
PO Box 1230
`,2-zernan, MT 59771-1230
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2664182
Page: 1 of 3 11/12/2019 02:12:42 PM Fee: $21.00
Eric Semerad - Gallatin County, MT MISC
1111111111111111111111111111111111 IN 111111111111111111111111111111111111111111111111 IN
City of Bozeman Conditional Irrevocable
Offer of Dedication
This Irrevocable Offer to Dedicate and Declaration of Restrictions (hereinafter "Offer") is
made this _ ' day of 2019, by BLACK DIRT, LLC, 2320 WEST MAIN
STREET, SUITE 6,BOZEMA MT 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 9 of the Stoneridge Square Subdivision, located in Section 2, 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. [J-446] (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#18523 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 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 #18523, 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 1086.011 dated January 28, 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.
BLACK I?: LC
(signature) (print)
Its (PZy e r
By:
(signature) (print)
Its
State of M o nhm oY
ss:
County of C, ��]IIIA
On this 8 day of re O-W 2019 before me personally appeared
{nja IM I Oyy J , whose identi was proved to me on the basis of satisfactory
evidence to be the persons whose name is s bsc ibed to this instrument,and acknowledged that
s/he executed the same as Member(s) of, an and on behalf of BLACK DIRT, LLC.
MIKAYLA SULLIVAN
Notary Public Print Name:
pTAR/q�9?^.for the State of Montana Signed:
Residing at: g
NT, Bozeman, Montana Notary Public e Sta e of YI
My Com st si 20 pines: Residing at:
My Commission Expires: 0,6 0 l 9A
ACCEPTED:
CITY OF B ZEMAN, MONTANA
City Manager 1,7 13 0 '
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City Clerk * + � =�-:v
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STATE OF MONTANA
ss
County of Gallatin )
On this day of 2019, before me, the undersigned, a
Notary Public for the State of Montana, personally a peared 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
d written.
r.x%
w , BRENDA SWEENEY
` �blic LA�A<�� for th f Montana
—— * Residing at: No ublic for the State of Montana
vy.SEAL. Bozeman, Montana Residing ozeman,Montana
' pF P My Commission F)Ires:
December 02,2022 My Commission`Expires