Loading...
HomeMy WebLinkAbout21- Conditional Irrevocable Offer of Dedication - Bangtail Partners, LLC - Amd. Plat of Lots 5-28, Block 105 Return to.- City of Bozeman City Clerk PO Box 1230 PLATTED Bozeman, MT 59771-1?30 � %q 2734887 Page: 1 of 4 05/21/2021 11:23:07 AM Fee: $28.00 Eric Semerad - Gallatin County, MT MISC 11111111111111 III 11111111111111111 IN 1111111111111111111 IIIIIII City of Bozeman Conditional Irrevocable Offer of Dedication This Irrevocable Offer to Dedicate and Declaration of Restrictions (hereinafter "Offer") is made this _16 day of_April 2021, by Bangtail Partners LLC, PO Box 2652 Dept. 35, Menlo Park CA 94026(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 Amended Plat of Lots 5 thru28, Block 105 and adjoining vacated alley with Norther Pacific Addition to the City, of Bozeman # C23- A41, on file and of record in the office of the Cleric 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 20234 #was granted on April 13 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. 20234 #,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 Sanderson Stewart, 106 E Babcock St. Suite L1,Bozeman,MT Project 06020.07 dated February 05 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. Bangtail.Partners J LLC. lC�By; _ �'�-� :�- � v� cREcbrzv M. hv15 (signature (print) Its MAN frC I N 6 PAF-'rNER By: (signature) (print) Its State of ) :ss: County of ) On this day of 2019 efore me personally appeared , whose identity was ved to me on the basis of satisfactory evidence to be the persons whose name is subscrib to this instrument, and acknowledged that s/he executed the same as Memb of, and for and on behalf of P ' Name: igned: Notary Public for the State of Residing at: (NOTARTI EAL) My Commission Expires: * P/rasz .tom a*vchtd ACCEPTED: CITY OF BOZEMAN, MONTANA -2w. L'ZI Ci ger �Y Off" C� •' ATTEST: '� • ' -�4 r City Clerk vA STATE OF MONTANA ) ss County of Gallatin ) 21 On this day of AA 201. before me, the undersigned, a Notary Public for the State of Montana, personally app red JEFF MIHELICH 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. HEAT P� VENUE $tt�i otary P lic� m=_for the state of Montana lic for the State of Montana Residing at: Residing at Bozeman, Montana *_ sE AL.e Bozeman, Montana M Commission Expires My Commission Expires: }' p �oFMp ,> January 26,2022 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California 1 County of Tar, fraaci Jc0 J} On 20 ,<1pr-►1' 2021 before me, CJRAUT tr Date Here Insert Name and Title of the Officer personally appeared 6RFGU12Y M- AVIS Nome(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. G.;c of ry Public uRRurin WITNESS my hand and official seal. z z ,r.,�,- Notary Public-California — San Mateo County Commission 9 2272319 My Comm.Expires Dec 21,2022 Signature , Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: C6�j ot &--.tma n cov)cli+;c)! 0t lrT{►,0(Dblt q►k/ of ]-06ccrli Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) 2ner's Name: Gr-rrgc4_4 nj•4V1 S Signer's Name: orporate Officer— Title(s): Matnd9� ❑ Corporate Officer— Title(s): El Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: 6113nclfai/ Aar ndrsLLG Signer is Representing: ©2018 National Notary Association