HomeMy WebLinkAbout21- Conditional Irrevocable Offer of Dedication - Cottonwood Project - Site A Return to: �, ETEED
City of Bozeman 2�33335
City Clerk
PO Box 1 230 Eric Semerad - GallatinGCounty57MT5 PM Fee MISC 00
Bozeman, MT 59771-1230 11111111111111III 11111111111111111 IN 11111111111111 1111111111111111111111 IN
City of Bozeman Conditional Irrevocable
Offer of Dedication
This Irrevocable Offer to Dedicate and Declaration of Restrictions (hereinafter "Offer") is
made this 151h day of April 2021, by The Cottonwood Project, LLC— 1109 Main Street, Suite 390,
Boise, ID 83702 (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 Lots 1 and 2, Open Space Lot 1 of
Block 3, The Cottonwood Subdivision, 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#20390 (Site Plan Package A) was granted on
MARCH 15, 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 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. #20390 (Site Plan Package A) 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 Cushing Terrell, 411 E Main St, Suite 101, Bozeman, MT
59715, Cottonwood Apartments—Site Plan Package A,dated MARCH 18,2021 (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.
GRANTOR: The Cottonwood Project, LLC
BY: 4z-- fi;�
TITLE: ��c`e�E-�, o �- p ev cu p ,..E
STATE OF d(Jho )
ss.
County of m A tka )
On this W day of AVV k , 2021 , before me the undersigned, a Notary
Public for the State of Montana, personally appeared, &Ck , known to
me to be the D Ire ft o{ Deve-juyA tNi- of 71nt CD NWOO' hou?ut and the
person whose name is subscribed to the within instrument and acknowledged to me that he executed
the within instrument for and on behalf of -TW f9+10W Wo(A Y"t f(;l-
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
MARGARET HUNT
Notary Public-State of Idaho
(SEAL) Commission Number 20192069
My Commission Expires Oct 4, 2025
Notary Public for the State of ana 16(4 o
AA 0J �CAQ A- NVN}
(Printed Name)
Residing in f o j S(, l-%)
My Commission Expires \ / 4 /20 2 5
ACCEPTED:
CITY OF BOZEMAN
By
q � rVity Manager
ATTEST: , .• •• �
City Clerk = .
CO rrr, '
STATE OF MONTANA )
) ss.
County of Gallatin )
On this 1 Z day of , 2QZ1 , before me, a Notary Public for the
State of Montana,personally appeared MFF MIHELICH and MIKE MARS,known to me to be the
City Manager and City Clerk for 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 seal on the day and
year first above written.
AL) ; �P'BiEN�F, HEAT Notary
BP N Public
NOTAR/,q4% for the State of Montana
SEAL.•7 B Residing at:
m ozean, Montana
Notary Public for the State of Montana =9 ��
My Commission Expires:
January 26,2022
(Printed Name)
Residing at Bozeman,Montana
My Commission Expires: / /20