HomeMy WebLinkAbout23 - Irrevocable Offers of Dedication & Letters of Credit - Edward Balian - Flanders Creek Subdivision, Lot 3 Block 5 Return to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman, MT 59771-1230
2797052
Pape! 1 .0I 3 03109/2023 03;48:24 PM Fee $24 00
Eric Semerad - Gallatin County, MT MISC
1111111111111111111111111111111111 IN 111111111 E111 111111111111111111111 I11111111111
City of Bozeman Conditional Irrevocable
Offer of'Dedication
This Irrevocable Offer to Dedicate and Declaration of Restrictions (hereinafter "Offer") is
made this L4ft4ay of 20231 by Edward Balian, with a mailing address of PO
'Box 3403,'Sarasota'FL 34230 (herein er 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 5, Flanders Creek
Subdivision [Plat J4341, City of Bozeman, according to the plat-thereof, 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 #21391 was granted on September 9, 2022, 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. #21391, 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 IMEG Corp. at 1143'Stoneridge'Drive,'Bozeman, MT Project
2797052 Page 2 of 3 03/09/2023 03:48:24 PM
##21391 dated January 16, 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
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'bythe 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 ful,ly 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'.
Edward Balian
By: hl
(signature) (print)
'Its
State of ,s a )
:ss:
County 0f4:�C-5011 }
2797052 Page 3 of 3 03/09/2023 03:48:24 PM
On this k 4 day of v au 2023 before me personally appeared
whose ideas ty was proved tome on the basis of satisfactory
evidence-to be-the persons whose name is subscribed-to'this inshlunent, and-acknowledged-that-
s/he executed the same as Members of, and for and on behalf of
':ti v►'"•- AMELIAJEFFERSON Print Name: tµ+z-`� �1�t'ct?fStr1_
Notary Public Slate of Florida Signed:
W CanmMion#HH 184427
orr. My Ccxruo.Explrrt Oct 10,2025 Notary Public for-the of LaY vd
Bonded lhruugh Naliona!Notary Assn. Residing at: 1oSg N Zc.s.� 'rY t, F^
(NOT;4RTIAL-SEAL) My Commission'Expires: to�to zs>-2
ACCEPTED:
CITY OF-BOZEMAN,'MONTANA
City Van#r
ATTEST: 4:
t - -
City Cleric
STATE OF MONTANA )
) ss
County of'Gallatin )
On this day of 2023, before me, the undersigned, a
Notary Public for the State of Montana, personally appeared JEFF MIRELIC14 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,WMREQF, I'have hereunto set my hand and affixed my Notarial,
Seal the day and year first above written.
F
(SEAL)
otary iic or the State of Montana
JULIE HUNTER i n at Bozeman Montana
i _�JJ� NIFfl Nlotary Public g �7
�praA�q�. for the State of Montana My Commission Expires
*; Residing at:
�y.SEAI..2 _ Bozeman, Montana
My Commission Expires:
•.., nMO;• June 11, 2425