HomeMy WebLinkAbout10-27-20 City Commission Packet Materials - C7. Irrevocable Offer w GMD for Arrowleaf PUD Proj 20327
Commission Memorandum
REPORT TO: Mayor and City Commission
FROM: Chris Saunders, Community Development Manager Martin Matsen, Community Development Director SUBJECT: Authorize the City Manager to sign an irrevocable offer of dedication with
GMD for the Arrowleaf PUD project (20327).
MEETING DATE: October 27, 2020
AGENDA ITEM TYPE: Consent Agenda
RECOMMENDATION: Authorize the City Manager to sign an irrevocable offer of
dedication with GMD for the Arrowleaf PUD project (20327. BACKGROUND: Attached is a copy (originals to City Clerk) of the partially executed agreement. Approval of concurrent construction for the PUD was granted
by the City Commission with initial PUD review. This action is part of
completing the concurrent construction process.
FISCAL EFFECTS: N/A ALTERNATIVES: As suggested by the City Commission. Attachments: Irrevocable Offer of Dedication
Report compiled on: 10/14/20
34
hiter-office original to:CityofBozemanCity Clerk's OfficePO Box 1230BozemanMT 59771City of Bozeman ConditionalIrrevocable Offer of DedicationThis Irrevocable Offer to Dedicate and Declaration of Restrictions (hereinafter "Offer")is made this 30 day of S<'-^eWlb<^" 2020, by GMD Development LLC, 520 Pike StreetSeattle WA 98101 (hereinafter referred to as "Grantor").WHEREAS, Grantor is the legal owner in simple fee interest of certain real propertieslocated in the County ofGallatin, State of Montana, and described as Lot 3A of Minor Sub 407A,located in Section 1, Township Two South, Range Five East, P.M.M., Gallatin County, Montana,on file and of record in the office of the Clerk and Recorder of said County (hereinafter referredto as the "Property") andWHEREAS, Grantor applied to the City ofBozeman (the "Municipality") for approval toundertake development as defined in Chapter 38.7, BMC within the City ofBozeman (hereinafterthe "Pennit"); andWHEREAS, approval of Application 20153 was granted on August 25, 2020, by theMunicipality in accordance with the provisions of Title 38, BMC, hereby incorporated byreference; andWHEREAS, Grantor wishes to meet the requirements of Title 38, BMC, to provide publicaccess and/or allow simultaneous construction ofinfrastmcture and improvements which will laterbe granted to the Municipality, with the buildings, remaining improvements and land appurtenantthereto to remain in private ownership, as authorized in Section 38.270.030.C; andWHEREAS, the water and sewer improvements and street infrastructure appurtenant toand to be installed or constmcted on or under the above described lands, and infrastmcture and/orinterests therein are to be dedicated to the Mumcipality, free and clear of all encumbrances,ArrowleafPark and Perennial Park PUD Irrevocable Offer of DedicationPage 1 of 435
pursuant to said final approval of the Permit; and,WHEREAS, it is intended that this Offer is irrevocable and shall, upon written acceptanceby the Municipality and final approval of the Permit referenced herein, grant all rights of use oraccess for maintenance and repair of the said improvements and infrastructure offered;NOW THEREFORE, in consideration of the granting of, and conditioned upon, the finalapproval for application no. 20153 such final approval to be under application 20327, the Grantorhereby offers to dedicate to the Municipality, the sewer and water improvements and streetinfrastmcture constructed or be constructed upon the real property as specifically set forth,described and identified in the plans and specifications issued or prepared by TD&H Engineering,234 E. Babcock, #3, Bozeman, MT 59715; Project B19-006 dated2020 (with subsequent approved revisions), which are by this reference incorporated in thisinstrument.1. Benefit and Burden. This Offer shall run with and burden the Property and allobligations, terms, conditions, and restrictions hereby imposed shall be deemed to be covenantsand restrictions running with the land and shall be, upon the issuance of the final Permit referenceherein, be effective limitations on the use and access of the Property by Grantor and shall bind theGrantor and all successors and assigns. This Offer shall benefit the Municipality only so long assaid improvements and infrastmctures for sewer and water exist on the Property.2. Construction and Validity. If any provision of these Restrictions is held to beinvalid or for any reason becomes unenforceable, no other provision shall be thereby affected orimpaired.3. Successors and Assigns. The ten-ns, covenants, conditions, exceptions,obligations, and reservations contained in this Offer shall be binding upon and iniire to the benefitof the successors and assigns of both the Grantor and the Municipality, whether voluntary orinvoluntary.4. Limitations. The construction and other standards adopted or utilized by the CityofBozeman regarding legal fonn, constmction materials, warranty, and all other elements relatingto improvements or infrastmcture constmcted or be constmcted pursuant to the Permit shall befully applicable.5. Term. This irrevocable Offer of Dedication shall be binding for the duration ofFinal Site Plan approval process. Upon written acceptance of this Offer by the Municipality, thisOffer and the terms, conditions, and restrictions hereof shall exist in perpetuity, shall have theeffect of a grant by Grantor, subject to the conditions stated herein, and shall nm with the land andbe binding on the parties, their heirs, assigns, and successors, PROVIDED, HOWEVER, this grantshall be null and void if the Permit referenced herein is not granted and issued by the Municipalityon or before one year after the date of Final Plan approval or extensions of the date of approval.##End of Agreement except for signatures ##ArrowleafPark and Perennial Park PUD Irrevocable Offer of DedicationPage 2 of 436
Grantor - GMD DeveSignahire:.mtLLC7~Printed: Gregory DunfieldTitle: QvJw^Date:f-^-z^STATE OF WASHINGTON ): ss.County of KING)This instrument was acknowledged before me on the 30 day of S-q(>K.<v\V>^<' ,2020 by Gregory Dunfield, as 0\^v^JC _ ofGMD Development LLC.^ Notary PublicState of Washington^MY COMM. EXP. January 18, 2024CAROLYN HARTMAN^COMML? 20102101 „„. S Notary Public for the State of Washington(SEAL)Printed Name: ^0/^0/yn ^ar^l^xiResiding in ^i'*^ CC>UJT\^J , {^IACommissionMy Commission Expires: dl - I? ~ 2-0 2. tfArrowleafPark and Perennial Park PUD Irrevocable Offer of DedicationPage 3 of 437
ACCEPTED:CITY OF BOZEMAN, MONTANACity ManagerATTEST:City ClerkSTATE OF MONTANA )) ssCounty of Gallatin )On thisday of2020, before me, theundersigned, a Notary Public for the State of Montana, personally appeared JEFFMMELICH and MIKE MAAS, known to me to be the City Manager and City Clerk for theCity of Bozeman, respectively, and the persons whose names are subscribed to the withininstmment, and acknowledged to me that they executed the same for and on behalf of theCityofBozeman.IN WITNESS WHEREOF, I have hereunto set my hand and affixed myNotarial Seal the day and year first above written.(SEAL)Notary Public for the State of MontanaResiding at Bozeman, MontanaMy Commission ExpiresArrowleafPark and Perennial Park PUD Irrevocable Offer of DedicationPage 4 of 438