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Home My WebLink About25 - Irrevocable Offers of Dedication & Letters of Credit - BANGTAIL PARTNERS, LLC - MINOR SUBDIVISION NO. 3 & LOTS 2 & 3 OF PLAT C-23-A16 2842663 Page: 1 of 4 01/09/2025 03:35:10 PM Fee: $32.00 Eric Seer ad - Gallatin County, MT MISC I IIIIIII IIIIII III IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIII IIIIIII III IIIII IIIII IIII IIII Return Ori final 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 9 i� day of 0-6�_r 2025 by BANGTAIL PARTNERS, LIMITED LIABILITY CORPORATION AND PO BOX 26.52 DEPT 35 MENLO PARK, CA 94026-2652 (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 A parcel of land, said parcel being Lots 2 and 3 of the plot filed in Book C on Page 23— A18, Lot 2 of the plat filed in Book C on Page 23—A16, and Track 1 of Minor Subdivision No. 3, said parcel being a portion of vacated Aspen Street, a portion of Block 109 and the vacated alley in Block 109 of the Northern Pacific Addition to the City of Bozeman, said parcel being located in the Southeast Quarter of Section 6, Township 2 South, Range 6 East, P.M.M., Gallatin County, Montana. The described parcel has a total area of 1.475 acres, more or less. The described tract is as shown on the accompanying plat and is along with and subject to any easements. The above-described tract of land is to be known and designated as the AMENDED PLAT OF LOTS 2 & 3 OF PLAT C-23-A16, & TRACT 1 OF MINOR SUBDIVISION NO. 3, City of Bozeman, Gallatin County, Montana. 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 22-156 was granted on March 20,2023, 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 2842663 Page 2 of 4 01/09/2025 033510 PM 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. 22-156,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 TD&H Engineering 234 E Babcock St #3, Bozeman, MT 59715 Bozeman, MT Project lENCffNF-2573 dated September 17, 2024 (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. 2842663 Page 3 of 4 01/09/2025 03.35.10 PM )Bangtail Partners,LLC By: (2 V'"""'vy 40 (sign�.ture) (print) Its Y ,I v�gtff kiq d C4✓ t.�'► PY STATE OF MONTANA ) ):ss County of Gallatin ) On this 7 day of Noy&"by- ,202H , before me the undersigned, allotary Public for the State of Montana, personally appeared Grego[y Avis , known to me to be Managing Partner of Bangtail Partners LLC 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 Bangtail Partners LLC.. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Sea] the day and year first above written. fCOLE KIRSCH sue �HYY= NOTA PUBLIC FOR THE 6 *; seas STATE OF MONTANA ,* (SEAL) �a��•. :_ RESIDING ATBOZEMAN ' oR Mo� MY COMMISSION EXPIRES JANUARY 20,2027 /y a Notary Public for the State of Montana Alicol e KI!sSCL (Printed Name) Residing at Bozeman My Commission expires OI / 26 /2021 ACCEPTED: 2842663 Page 4 of 4 01/09/2025 033510 PM CITY OF BOZEMAN, MONTANA JIL447�777�_ .. � . ' amity Manager ATTEST: o City Clerk STATE OF MONTANA ) ss County of Gallatin ) On this day o 2025, before me, the undersigned, a Notary Public for the State of Montana, personally appeded CHUCK WINN and MIKE MAAS, known to me to be the City Manager and City Clerk for the City of Bozeman, respectively, and the persons w ose 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 ;`�J\-• cep Notary Public '�,OTARJ.4 _fO(S Ate of Montana -— - Residing at: * SEAL.' Bozeman, Montana P=\: or Mo�; My Commission Expires: June 11,2025 No a is for the State o fMontana (Printed Name) Residing at Bozeman, Montana My Commission Expires: r>�/�/20T