HomeMy WebLinkAbout21- Irrevocable Offer of Dedication - HRDC - Lot 2, Wheat Commercial Subdivision Return to-
City of Bozeman
City Clerk
PO Box 1230 KA7�c:i1 —
Bozeman, MT 59771-1230
2726976
Erg. Semerad - Gdllatin0Counnty16MT9 PM Fee: ISC
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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 __day of `1Le,,A- 2021, by Human Resource
Development Council,District IX(HDRC),Inc.,32 South Tracy Avenue,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 2, Wheat
Commercial Subdivision Amended, Plat J-58C; S01, T02 S, R05 E of P.M.M., City of
Bozeman, 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 20348 was granted on January 12,2021, 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 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;
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NOW THEREFORE, in consideration of the granting of, and conditioned upon, the
final approval for application 20348, the Grantor hereby offers to dedicate to the
Municipality,the sewer and water improvements constructed or be constructed upon the real
property as specifically set forth, described and identified in the plans and specifications
issued or prepared by Stahly Engineering, 851 Bridger Drive, Suite 1,Bozeman, MT 59715
for Project 20348 dated January 4, 2021 and January 14, 2021 and approved on January 26,
2021 (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.
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HRDC
Heather Grenier
President/CEO HRDC
STATE OF MONTANA )
)ss
County of Gallatin )
On this 3 day of 2021, before me, the undersigned, a
Notary Public for the State of Montana, personally appeared Heather Grenier, known to
me to be the President and CEO of HRDC IX, Inc., and the person whose name is
subscribed to the within instrument, and acknowledged to me that she executed the same
for and on behalf of HRDC IX,Inc.
IN WITNESS WHEREOF,I have hereunto set my hand and axed my Notarial
Seal the day and year first above written.
Print Name:
Signed:
Notary Public for a Stat o M 7—
Residing at: 8D2ctM c4 N" T-
(SEAL) My Commission Expires:
MARTIN JOHNSON
Notary Public
',V.'aoTARiq4'�2'a for the State of Montana
Residing at:
SEAL 4 Bozeman, Montana
',,9�•. P?`' My Commission Expires:
'•. of Mo `` February 03,2022
ACCEPTED:
CITY OF BOZEMAN,MONTANA
<Z�Ojj r U-
City a
ATTEST: ,p�
City Clerk
op_ M 0
STATE OF MONTANA )
)ss
County of Gallatin )
On this I�' day of Ik v Y I 2021, before me, the undersigned, a
Notary Public for the State of Montana,personally appeared JEFF MI IELICH and MIKE
MAAS, 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.
Print Name
Signed:
HEATHER E ; .\!VENUE Notary is for the State
Fl e!f
Notary?L.t,'.c;
NoTnRrq4.m_for the state o'i' �Aontana Residing at:
-- - Residing DEAL My Commission Expires:
* *
Nam.SEAL .�`= Bozeman, Mo tana
e; My Commission Expires:
�`oFMo January 26,2022