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HomeMy WebLinkAbout21- Conditional Irrevocable Offer of Dedication - Annex Bozeman, LLC RETURN RECORDED DOCUMENT TO: Bozeman City Clerk PLATTED PO Box 1231 VP Bozeman,MT 59771-1231 2720703 Ergc Semerad - G02/16/2021 0:42:17nty MT PM Fee: $28.00 latin IIIIIIIIIIIIIIIIIIIIIIIIIIII1111111111 Jill 1111111111IIIIIIIIJill IIIIIIIIIIIIIIIIIII MISC City of Bozeman Conditional Irrevocable Offer of Dedication This Irrevocable Offer to Dedicate and Declaration of Restrictions (hereinafter "Offer") is made this 14ik day of January,2021,by Annex of Bozeman,LLC, an Indiana Limited Liability Company, with a mailing address of 409 Massachusetts Ave, Suite 300, Indianapolis, IN 46204, (hereinafter referred to as "Grantor"). WHEREAS, Grantor is the legal owner in fee simple interest of certain real properties located in the County of Gallatin, State of Montana, and described as Lot IA of the Amended Plat of Lot 1 and Lot 6, Block 1, Correction Plat of Kagy Crossroads Subdivision [Plat J-32813], according to the plat thereof, on file and of record in the office of the Clerk and Recorder, 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 38.7, BMC within the City of Bozeman(hereinafter the "Permit"); and WHEREAS, approval of Application#19-320 was granted on December 17, 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. 19-320, the Grantor hereby offers to dedicate to the Municipality, the street and pedestrian 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 Sanderson Stewart,Inc. with an address of 106 East Babcock Street,Bozeman,MT 59715,Project #19086 dated September 28 h, 2020, and titled "South 19'h Avenue and Lincoln Street" (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. GRANTOR: Annex of Bozeman, LLC., an Indiana Limited Liability Company By: The Annex Group, LLC., an Indiana Limited Liability Company, its Manager By: Kyle D. Bach, CEO STATE OF %u 9G ) ss. County of 04'✓ °o ) This instrument was signed or acknowledged before me on this (Lday of 2 c i-i , 2021,by Kyle D.Bach as Chief Executive Officer of The Annex Group,LLC,and Indfana limited liability company, the Manager of Annex of Bozeman, LLC, and Indiana limited liability company. (SEAL) Notary Public for the State of lkt i a A ti Printed Name: A.4,vt4 0 &L, y � %J1111111�,,,, ADAM CALLOWAY Residing at // a y^I o ti o��?PY Notary Public, State of Indiana My Commission Expires of �I203- SEAL. Marion Marion County *•.• *�- Commission Number778824 �NoiANp\� My Commission Expires °j'1111t,�O Februarx 25,2027 Municipality: City of Bozeman DATED this day of 5202 ._ ACCEPTED - CITY OF BOZEMAN By: Je i h, its City Manager ATTEST: f, By: Mike Maas, its City Clerk1883 STATE OF MONTANA ) Co. )ss. County of Gallatin ) On this 1 bVL day of , 202 , before me, a Notary Public for the State of Montana, personally appeared JEFF MIHELICH and MIKE MAAS, known to me to be the City Manager and City Clerk,respectively, of the City of Bozeman 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. (S]�AL)„ at�y`, HEATHER E{ENVENUE Fy Nctary public NOTARi��'•m_for the State of Montana Notary Public for the State of Montana =*' SEA, F�,id�n� at: `` '• Eozem,�n Montana Printed Name: '�:;� P�' OFR10� ,` MY Commission Expires: Residing at January 26,2022 My Commission Expires / /20 G:\C&M19\190360\Concurrent Construction\1903 60 Annex Of Bozeman-Irrevocable Offer Of Dedication.Docx