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Home My WebLink About20- Conditional Irrevocable Offer of Dedication - Straightaway Bozeman Investors, LLC - AC Hotel Site Return to: City of Bozeman City Clerk EE� PO Box 1230 Bozeman, MT 59771-1230 2676782 Page: 1 of 3 03/25/2020 03:51:21 PM Fee $21.00 Eric Semerad - Gallatin County, MT MISC 111141111111 III 11111111111111111 IN 111111111111 IIN 11111111111111111111 HE IN 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 Nlc, r- 2020, by Straightaway Bozeman Investors, LLC 20 N. Tracy Ave. Bozeman,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 Bozeman Original Plat, S07, T02 S, R 06 E, Block I, S2 Lots 35-38, and N2 Lot 35, 36, 37, 38., 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#19078 was granted on November 21"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. #19078, the Grantor hereby offers to dedicate to the a - -•7" �LLS'S r � •-r -gyp.- -I� -`k - 'El-_ = f4 .'1 i 7j I . 'f" _I ' -I • -: I -�ii1r. •I.1-a°� ��' ''' . �,`` a i.r lR _ z _ 4 I ,1,'• _- .'? -�r a.� N � .. 1 ,}I� Cti- _ jt ' . _� r-� �} " f I r .. Lq • . I _ - r - -.I I _ ' r ,'I � '+. 1 1'I .'r P . .i � a'n 'r i. ° �� I 11 I." f1' j " I lu, 1° h ' •.1f �_ 't •I _ . �� i.:� .'I . 's' I _ -v •'•JL w.-II I - _ 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 Stahly Engineering and Associates Inc., 851 Bridger Drive, Suite 1 Bozeman, MT Project#19078 dated 1/16/20 (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. Straightaway Bozeman Investors,LLC By //Z 9-e-C- 64611 (s ature) (print) Its 1 By.' 7" '' �• t (signpture) (print) Its C V City of Bozeman Conditional Irrevocable / Offer of Dedication This Irrevocable Offer to Dedicate and Declaration of Restrict/ns (hereinafter "Offer") is made this `tom day of 1ard& 2020, by Straightaway Bo man Investors, LLC 20 N. Tracy Ave. Bozeman,MT 59715 (hereinafter referred /Ilatin Z ). WHEREAS, Grantor is the legal owner in simplf certain real properties located in the County of Gallatin, State of Montana, and describn Original Plat, S07,T02 S,R 06 E, Block I, S2 Lots 35-38, and N2 Lot 35,36,37,3ounty,Montana on file and of record in the office of the Clerk and Recorder of hereinafter referred to as the "Property") and WHEREAS, Grantor a/hen the City of ozeman (the "Municipality") for approval to undertake development as defiapter 38. ,BMC within the City of Bozeman (hereinafter the "Permit"); and WHEREAS, approval oti #19078 was granted on November 213t 2019, by the Municipality in accordance wit 'sions of Title 38, BMC, hereby incorporated by reference; and WHEREAS, Grantor wmeet the requirements of Title 38, BMC, to provide public access and/or allow simultaneoction of infrastructure and improvements which will later be granted to the Municipality/thater w' dings, remaining improvements and land appurtenant thereto to remain in priv , as authorized in Section 38.270.030.C; and WHERE and sewer improvements and street infrastructure appurtenant to and to be installed or c or under the above described lands, and infrastructure and/or interests therein are to bethe Municipality, free and clear of all encumbrances, pursuant to said final approval ond, AS, it is intended that this Offer is irrevocable and shall,upon written acceptance by the Munic' ality and final approval of the Permit referenced herein; giant all'rights'of use dr access for main nance 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. #19078, the Grantor hereby offers to dedicate to the LAUREN J CUMMINGS CuM71i'' Notary Public =S:NpT�Riq�yN=_for the State of Montana Residing at: .SEAL a Bozeman, Montana State of tram M ,, My Commission Expires: September 04, 2023 County of Y' ) L,� On th•s P day of r 2020 before me personally appeared c5 whose identity 4vas proved to me on the basis of satisfactory evidencd to be the persons whose name is subscribed to this instrument, and acknowledged that s/he executed the same as Members of, and for and on behalf of Print Name: --Y Y,rr,►ry--?J Signed' Nota -Pu or t e tate of Residing at: C �,Z (NOTARTIAL SEAL) My Commission Expire& �,— ACCEPTED: I OF BOZEMAN, MONTANA Interim City Manager ATTEST: City Clerk STATE OF MONTANA ) ss County of Gallatin ) On this day of nXK--')2020, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Dennis Taylor and known to me to be the Interim 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 hav hereunto set my hand and affixed my Notarial Seal the day and year first above written. EA.e�FN HEATH VENUE `'P?• `ccti>, Notary Public otary Public for the State of Montana 4 • OT '•c,forahe State of Montana r A� Residing at Bozeman,Montana a —— *_ Residing at: g =N�.SEAL.�� Bozeman, Montana My Commission Expires OF KAa�?' My Commission Expires: January 26,2022