HomeMy WebLinkAbout20- Conditional Irrevocable Offer of Dedication - GMD for Arrowleaf PUD proj 20327 Inter-office original to:
City of Bozeman
City Clerk's Office
PO Box 1230
Bozeman MT 59771
E
ATTED
0
2706609
Page: 1 of 4 10/29/2020 02:50:23 PM Fee $28.00
Eric Semerad - Gallatin County MT MISC
1111111111111 I I 111111111111111111111111111111111111111111111111 I I 11111111111 IN IN
City of Bozeman Conditional
Irrevocable Offer of Dedication
This Irrevocable Offer to Dedicate and Declaration of Restrictions (hereinafter "Offer")
is made this 30 day of 5f_D 2VVIb.eX 2020, by GMD Development LLC, 520 Pike Street
Seattle WA 98101 (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 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 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 20153 was granted on August 25, 2020, 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,
Arrowleaf Park and Perennial Park PUD Irrevocable Offer of Dedication
Page 1 of 4
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. 20153 such final approval to be under application 20327, 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 TD&H Engineering,
234 E. Babcock, #3, Bozeman, MT 59715; Project B19-006 dated OcL o1ur lt)
2020 (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.
I
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,
g
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 j
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 N
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.
##End of Agreement except for signatures##
U
Arrowleaf Park and Perennial Park PUD Irrevocable Offer of Dedication
Page 2 of 4 j
'I
Grantor - GNM Devel m t LLC
Signature: Date:
Printed: Gregory Dunfield
Title: C)W VVkX
STATE OF WASHINGTON )
ss.
County of KING )
This instrument was acknowledged before me on the day of
2020 by Gregory Dunfield,as OW v-reX of GMD Development LLC.
F
ry PublicWashington
N HARTMAN
#20102101 Notary Public for the State of Washington
P.January 18,2024
Printed Name: Cowo hm f-f a r�ma-v t
(SEAL) Residing in Ki!j 6,0L& 'I (i✓f}
My Commission xpires: d 1 - 1$ - Z 0 2-4
Arrowleaf Park and Perennial Park PUD Irrevocable Offer of Dedication
Page 3 of 4
ACCEPTED:
CITY OF BOZEMAN, MONTANA
<7—)'I,I"�4d
Ci ger p`�•���
ATTEST: V •�
City Clerk
STATE OF MONTANA )
ss
County of Gallatin )
7
On this day of 2020, before me, the N
undersigned, a Notary Public for the State of Montana, personally appeared JEFF
MIHELICH and MIKE MARS,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.
HEATHER &;E NVENUE i n, 194
T t n Public
?P'NOTAR/,q,: for(I of Montana Notary Public fort e State of Montana
ITI= Residing at: Residing at Bozeman,Montana
SEAL.-,= Bozeman, Montana
y �P='\ M Commission expires: My Commission Expires
OF tJi ' Y January 26, 2022
Arrowleaf Park and Perennial Park PUD Irrevocable Offer of Dedication
Page 4 of 4