HomeMy WebLinkAboutIrrevocableOfferOfDedicationSigned_08-30-21 Return to:
City Clerk
PO Box 1230
Bozeman MT 59771-1230
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 Bozeman COHO, LLC, a Montana limited
liability company of 318 S. 9°i Ave., 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 Tract B of C.O.S 526 and
Tract A designated on County Assessor's Plats (warranty deed recorded in Document No.
2673699), 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 No. 21096 was granted on , 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 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 No. 21096 the Grantor hereby offers to dedicate to the Municipality, the
sewer and water improvements to be constructed upon the real property as specifically set forth,
described and identified in the plans and specifications issued or prepared by Madison
Engineering, LLC of 895 Technology Boulevard, Suite 203, Bozeman, MT 59718; Project No.
21096, dated March 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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T . 2021.DATED this f�' day of l' c-�
GRANTOR-Bozeman COHO,LLC
0"
By: ArK C-A")k5
its: f <��r��'l� ?�✓��r(1 C��� ZZC
STATE OF MONTANA )
):ss
County of Gallatin )
On this -) ey day of A u,(, L,,-, r , 20 7 ( before me the undersigned, a Notary
Public for the State of Montana, personally appeared W149(L &)w//-&S , known to
me to be M 40"r-\ of 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 Bozeman COHO, LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal
the day and year first above written.
(Printed Name)
Im
ESKI
Ps BuoFs-<, biio Notary Public for the State oforti t�4 ct.l
�;
o�oTaA�q�. _foMontana Residing at v�Cr�. � �t
= at:
SEAL Q ontana" `�9 P= n Expires: My Commission Expires NoV, �26 ZVZ�6,2023
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ACCEPTED:
CITY OF BOZEMAN, MONTANA
City Manager
ATTEST:
City Clerk
STATE OF MONTANA )
) ss
County of Gallatin )
On this day of 2021, before me,the undersigned,
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 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.
(SEAL)
Notary Public for the State of Montana
Residing at Bozeman, Montana
My Commission Expires
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