HomeMy WebLinkAbout21- Conditional Irrevocable Offer of Dedication - Gallatin Mall Group, LLC Tract 1 Survey No. 467A Return Document to:
Bozeman City Clerk
P.O. Box 1230
Bozeman, MT 59871-1230 PLATTED
2738871
Eric Semerad - GallatinCCoun21 nty21MT7 PM Fee: $21.00
IIIIIII IIIIII III 111111111111111111111 JI 111111111111111 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 Gallatin Mall Group, LLC, a Montana Limited
Liability Company, of 2280 Grant Road, Suite A, Billings, MT 59102, (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 Tract 1 of Certificate of Survey No.
467A, 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#20412 was granted on 6 , a c� i , 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. 20412, the Grantor hereby offers to dedicate to the Municipality, the
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 C&H Engineering and
Surveying, Inc.,located at 1091 Stoneridge Drive, Bozeman,MT 59718,Project# :� , , (Culvert
Relocation Plan), dated 3/18/2021, and Project # af' 01 I a (Water Main Improvements) dated
4/01/2021 (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.
DATED this 2 day of ,off/� , 2021.
GRANTOR: Gallatin Mall Group, LLC, a Montana Limited Liability Company
By: Steven J orning, Mana ' g Member
STATE OF )
ss.
County of
This instrument was signed or acknowledged before me this�day
of
2021, by Steven J. Corning as Managing Member of Gallatin Mall Group, LLC, a Montana
Limited Liability Company.
(SEAL)
McLAVF9T KIM MCLAVERTY
Not Public for the State o (� �°'T"R'A, NOTARY PUBLIC for the
��� SEAL State Billings,
Montana
Printed Name: N Residing at Billions,Montana
yT My Commission Expire---
Residing at III& OF Mod June 30,2023
My Commission Expi / /203
DATED this 0 5 day of 2021.
ACCEPTED - CITY OF BOZEMAN
r
By ff ' elich its City Manager
ATTEST:
NA 11 /
By: Mike Maas, its City Clerk
STATE OF MONTANA )
)ss.
County of Gallatin )
On this O 3 r�
day of bm 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.
HEATHER BIENVENUE
AArrll � Notary Public
.�,oa� c" for the Mate of Montar,
a Residing at:
N'.SEAL, Q,' Bozeman, Montana.
Notary Public for the State of Montana ;9i�o Mo `�aZ- My Commission Expires:
Printed Name: January 26,2022
Residing at
My Commission Expires / /20
G:\C&H\20\200526\Site Plan-Final\Working Files\Irrevocable Offer Of Dedication.Docx