Loading...
HomeMy WebLinkAbout035-Irrevocable Offer of Dedication_DraftReturn Original to: City of Bozeman 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 1st day of September 2022, by Dixson & Company Inc., a Montana Corporation, PO Box 6099, Bozeman, MT 59771 (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 4A and Lot 4B of Amended Plat of Lot 4, Block 12 Cattail Creek Subdivision Phases 2A and 2B, 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 20285 was granted on TBD, 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. 20285, 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 Synergy Engineering and Konsulting, 3731 Equestrian Lane, STE 102, Bozeman, MT 59718 Project ENG INF-1349 dated August 24, 2022 (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. Dixson and Company Inc. By:_________________________________________________ (signature) (print) Its____________________________________________ By:_________________________________________________ (signature) (print) Its____________________________________________ STATE OF MONTANA ) ):ss County of Gallatin ) On this day of , 20 , before me the undersigned, a Notary Public for the State of Montana, personally appeared , known to me to be of 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 . 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 (Printed Name) Residing at My Commission expires / /20 ACCEPTED: CITY OF BOZEMAN, MONTANA _______________________________________ City Manager ATTEST: ________________________________________ City Clerk STATE OF MONTANA ) ) ss County of Gallatin ) On this __________ day of _____________ 20__, 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 _______________________________________ (Printed Name) Residing at Bozeman, Montana My Commission Expires: / /20