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
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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
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