HomeMy WebLinkAbout20- Conditional Irrevocable Offer of Dedication - Great Western Investments for South Half Section 4, T.2, S., R.5 ERETURN RECORDED DEED TO:
Bozeman City Clerk PO Box 1231 Bozeman, MT 59771-1231
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2706605 Page, 1 of 3 10/29/2020 02:50:23 PM Fee $21 .00 Eric Semerad -Gallatin County, MT MISC , 11111111 IIIIII Ill 11111111111 111111111111111111111111 11111111111111111111 IIIII 11111111
City of Bozeman Conditional Irrevocable Offer of Dedication
This Irrevocable Offer to Dedicate and Declaration of Restrictions (hereinafter "Offer") is made this � �day of Oc...\.n � 20_, by Great Western Investments, LLC, a Montana
limited liability company, with a mailing address of 15525 Horse Creek Road 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 Lot 1, Block 9, Laurel Glen Subdivision, Phase 1, on file and of record in the office of the Clerk and Recorder, Gallatin County,
Montana and located in the South Half of Section 4, T. 2 S., R. 5 E. of P.M.M., City of Bozeman,
Gallatin County, Montana, (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 # 19154 was granted on Q.b k � 1 dOd-0 , by the Municipality in accordance with the provisions of Title 38, BMC, hereby incorpor�ted 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 #19154, 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 C&H Engineering and Surveying, Inc., with a mailing address of 1091 Stoneridge
Drive, Bozeman, MT, 59718, Project #19154 dated Ct,\()\..r .)1 ;.)o� (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.