HomeMy WebLinkAbout21- Conditional Irrevocable Offer of Dedication - Swissdetail - Cattail Creek Subdivision PLATTED
RETURN RECORDED DOCUMENT TO: 2737599
Bozeman City Clerk Page: 1 of 3 06/14/2021 10:42:35 AM Fee: $21 00
PO Box.f24-1- (.9-S6 Eric Semerad - Gallatin County, MT MISC
Bozeman,MT 59771-1231 1 I111111111111 III�1111111111111111IN IT 1111111111111111111111 III 11111111111111 IN
City of Bozeman
Conditional Irrevocable Offer of Dedication
This Irrevocable Offer to Dedicate and Declaration of Restrictions (hereinafter "Offer") is
made this day of ; " 2021, by SWISSDETAIL, INC., a Montana Corporation,
3004 N 27th Ave, Bozeman, MT 5 718 (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 3, Block 4 of Cattail Creek
Subdivision, Phase 1 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 #20372 was granted on April 16, 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 Per-rnit 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. 20372, 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 C & H Engineering and Surveying, Inc. 1091 Stoneridge Drive Bozeman, MT Project
#200203 dated April 26t11, 2021 and titled "Swiss Plaza" (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 constricted 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.
SWISSDETAIL, INC., a Montana Corporation
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Its
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County of 6O�/ b4t )
On this 1 day of 2021 before me personally appeared
S12 ty- (oje k- ,whose identity was proved to me on the basis of satisfactory
eviden&to be the persons whose name is subscribed to this instrument, and acknowledged that
s/he executed the same as Members of, and for and on behalf of
�l/nssOl act /��-
°Q SHONT2,, P SHONTZ rint Name:
Notary Public igried:
F;'No7nq�q�• for the state of Montana
.*= Residing at: otary Public for a State of b(oiy� A t tom,
9.SEAL-.P��,= Bozeman, Montana esidingat: -t" jZ-e�
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ACCEPTED:
CITY OF BOZEMAN, MONTANA
13
City WhVj
ATTEST:
City Clerk
STATE OF MONTANA )
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County of Gallatin )
On this_�_day of �. 2021, before me,the undersigned, a
Notary Public for the State of Montana, personally appeared JEFF MIRELICH 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
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