HomeMy WebLinkAbout23 - Irrevocable Offers of Dedication & Letters of Credit - CV QOZP Stucky Bozeman, LLC - South University District Phase 3 Subdivision Return Original to:
City of Bozeman
City Clerk 2797048
PO Box 1230 page 1 of 4 03/09/2022 02:48:24 PM Fee $32 00
Bozeman, MT 59771-1230 jllllllllllllllllllllll111llllllllltlllll111111111111111111111illllll11111111111 Mrs
City of Bozeman Conditional Irrevocable
Offer of Dedication
This Irrevocable O er to Dedicate and Declaration of Restrictions (hereinafter "Offer") is
made this 13 day of r/A«✓tj 2023, by CV QOZP STUCKY BOZEMAN, LLC, 802
NORTH 3RD AVENUE PHOENIX;ARIZONA 85003 (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 SOUTH UNIVERSITY DISTRICT
PH 3, S24, T02 S, R05 E, BLOCK 2, Lot 1, ACRES 8.6, PER PLAT J-695, 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 22-238 was granted on January 27,11, 2023, 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 Pen-nit; 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. 22-238,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 STAHLY ENGINEERING & ASSOCIATES, INC, 851
BRIDGER DRIVE #1 Bozeman, MT Project ENGINF-1880 dated January 181", 2023 (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
2797048 Page 2 of 4 03/09/2023 03.48.24 PM
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 Pen-nit 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 teens, 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 Pen-nit
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.
2797048 Page 3 of 4 03/09/2023 03.48.24 PM
CV QQ/OZZ//��P STUCKY BOZEMAN, LLC,
By.'��` 2-�� � ►+tip iq- V I o/4vo T
(signature) (print)
Itsi'C
By:
(signature) (print)
Its
STATE OF ARIZONA)
):ss
County of Maricopa }
On this 13 day of t0r%AOLA 20 z? ..before me the undersigned, a Notary
Public for the State of k j 7ytZii, persona appeared t- M-t4lliOOLI ,known to me
to be 'i ,C oI'Gv t<2U�-Wc�jb;u land the person whose name is subscribed to
the within instrument and acknowledged to ine ha he executed the within instrument for and on
behalf of C� U.L
IN WITNESS WFIEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
MIN R GALLA
Notary Public.State of Arizona
Maricopa County
Commission#583611
(SEAL My Commission Expires
) February 02,2024
r
Otai Pub zc IOr he State of Arizona
(Printed Naze
Residing at VltIP,I.iI� Y1ZOY1t�
My Conunission expires ?UmA&P4 07L/2024
2797048 Page 4 of 4 03/09/2023 03.48.24 PM
ACCEPTED:
CITY OF BOZEMAN, MONTANA
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City ar , Nq�i per..
ATTEST: C�. °
City Clerk _
. 'C;®:..
STATE OF MONTANA )
ss
County of Gallatin )
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On this day of 207 before me, the undersigned, a Notary
Public for the State of Montana,personally appeared TEFF 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 WI1 EREOF, I have hereunto set my hand and affixed my Notarial
Seal the day and year first above written.
�.,,, JULIE HUNTER --
(SEAL) °�J�e ��rF',p'<; Notary Public
NOTaArq�. =,for the State of Montana
= Residing at:
`* SEAL..-"q= Bozeman, Montana
LN9jF P=' My Cor'nmission Expires:
"v,,�M, '` June 11,2025
--7<xLA�t I
No ary ublic for the State of Montana
(Printed Name)
Residing at Bozeman, Montana
My Commission Expires: ��MQ�/�/�0