HomeMy WebLinkAbout23 - Irrevocable Offers of Dedication & Letters of Credit - DK Martinen, LLC - WESTLAKES FOURTH SUBDIVISION, Block 1 Lot 1 & 2 2812894
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Eric IIIIIISemerad - Gallatin County, MT MISC
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Return Original to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman,MT 59771-1230
City of Bozeman Conditional Irrevocable Offer
of Dedication
t, This Irrevocable Offer to Dedicate and Declaration of Restrictions(hereinafter"Offer") is made this
1 zl day of SZOV&A 6,e/- 2023,by DK MARTINEN,LLC,LIMITED LIABILITY CORPORATION,
C/O KAY MARTINEN, 401 SUNNYSLOPE RD. YAKIMA, WA 98908 (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 on Exhibit A,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 ENGINF-2944 was granted on August 14,2023,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
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.ENGINF-2944,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 Kimley-Horn&Associates,
Inc. 10900 NE 411 St., Suite 2302, Bellevue, WA 98004 Project ENGINF-2944 dated June 19, 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.
2812894 Page 2 of 4 10/10/2023 04.27:00 PM
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.
DK Martinen,LLC
By: Ka Martinen
(si ature) (print)
Its Manager
STATE Or Z= )
LIAM11)MA ):SS
County o )
On this day of �!20 93 before me the undersigned,a Notary Public
for the State o , personal y appeared Kay Martinen, known to me to be Manager of DK
Martinen,LLC, n t e pes ose name is subscribed to the within instrument and acknowledged to
me that he executed the within instrument for and on behalf of DK Martinen,LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written.
(SEAL) ��e®r�
er,t VAL4
O•�oo EXP.
NOTARYro
Notary Public fort tate off NA; PUBLIC O
(Printed Name) 1 �i��t��•?:�;�No .•' ���
Residing at L/G14GC Nat` F My Commissio expires t / /20 ''��OI�1W
2812894 Page 3 of 4 10/10/2023 04:27:00 PM
ACCEPTED:
CITY OF BOZEMAN,MONTANA
OF
City a e '•
ATTEST:
City Clerk cQ.•iVION`�¢►
STATE OF MONTANA )
ss
County of Gallatin )
On this day of 2(9 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.
E HU�y ' JULIE HUNTER
(SEAL) �NOTa � `_ Public
for the StatNotae of Montana
* *a Residing at:
N .SEAL.
- �� Bozeman, Montana
;y P,.
op'mo� My commission Expires:
June 11, 2025
otary ublic ffor the State of Montana
lI
�wl 1 e— /V l
(Printed Name)
Residing at Bozeman,Montana c��,, ++ I
My Commission Expires: ® / 6 I /2o2S
2812894 Page 4 of 4 10/10/2023 04:27M PM
EXHIBITA
Legal Description
A TRACT OF LAND BEING LOT 1, OF BLOCK 1, OF WESTLAKE'S FOURTH SUBDIVISION TO THE CITY OF BOZEMAN,
ACCORDING TO THE OFFICIAL PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY CLERK
AND RECORDER OF GALLATIN COUNTY, MONTANA, EXCEPTING THEREFROM THE PARCEL DESCRIBED IN
QUITCLAIM DEED RECORDED AT INSTRUMENT NUMBER 2537347 OF SAID RECORDS, AND LOT 2, OF BLOCK 1 OF
SAID WESTLAKE'S FOURTH SUBDIVISION, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 2
SOUTH, RANGE 5 EAST OF THE PRINCIPAL MERIDIAN MONTANA,CITY OF BOZENIAN, COUNTY OF GALLATIN, STATE
OF MONTANA,BEING ADDITIONALLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 2,
THENCE ALONG THE PERIMETER SAID LOT 2,THE FOLLOWING THREE(3)COURSES:
1.N88°53'16"W,A DISTANCE OF 505.73 FEET;
2.N00"59'08"E,A DISTANCE OF 228,40 FEET;
3.THENCE S88'51'58"E,A DISTANCE OF 211.95 FEET TO A POINT ON THE WEST LINE OF SAID LOT 1:
THENCE ALONG SAID WEST LINE,N01`15'36"E,A DISTANCE OF 454.50 FEET TO A POINT ON THE SOUTH LINE OF THE
HOMESTEAD TOWNHOUSES, PHASE i PLAT THEREOF ON FILE AND OF RECORD IN SAID OFFICE OF THE COUNTY
CLERK AND RECORDER:
THENCE ALONG SAID SOUTH LINE,THE FOLLOW THREE(3)COURSES:
1.S88-44'45"E,A DISTANCE OF 99,95 FEET;
2.N01'21'14"E,A DISTANCE OF 31.90 FEET;
3.S88"47'00'E,A DISTANCE OF 193,98 FEET TO A POINT ON THE EAST LINE OF SAID LOT 1;
THENCE ALONG THE EAST LINE OF SAID LOT 1 AND LOT 2,S01011'17"W,A DISTANCE OF 714.12 FEET TO THE POINT
OF BEGINNING;
CONTAINING AN AREA OF 255,429 SQ,FT.OR 5.864 ACRES,MORE OR LESS.