HomeMy WebLinkAbout23 - Irrevocable Offers of Dedication & Letters of Credit - RG 5400 Fowler LLC - Section 23, Township 2 South, Range 5 East Return Original to:
City of Bozeman
City Clerk 2809424
PO Box 1230 Page: 1 of 4 08/25/2023 09:39:00 AM Fee: $32.00
Bozeman, MT 59771-1230 Eric Semerad - Gallatin County, MT MISC
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City of Bozeman Conditional Irrevocable
Offer of Dedication
This Irrevocable Offer to Dedicate and Declaration of Restrictions (hereinafter "Offer") is
made this 2711' day of June 2023, by RG 5400 Fowler LLC, a Delaware limited liability company, 1144 15"
Street, 24t'Floor Suite 2475,Denver, CO 80202 (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 N '/z SW '/ SW % of Section 23, Township
2 South, Range 5 East, P.M.M., Gallatin County, MT, 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#21424 was granted on October 24, 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. 21424 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 Morrison Maierle,2880 Technology Blvd West,Bozeman, MT
59718 Project 6475.005 dated July 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
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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.
RG 5400 Fowler LLC
2809424 Page 3 of 4 08/25/2023 09.39.00 AM
By: Drew Kraft
(signature) (print)
Its Vice President
By:
(signature) (print)
Its
STATE OF COLORADO )
):ss
County of DENVER )
On this day of U✓\ , 20 23 , before me the undersigned, a Notary
Public for the State Qf Colorado, personally appeared �Y�/W �-1/G� , known to me
to be U 1(¢ M6100 of LA b d a\NW 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 M �90 ybyyy w(l
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
DANIELA ALEXANDER
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20194040405
(SEAL) MY COMMISSION EXPIRES OCTOSER 23,2023
ry Public for the State of Colorado
w yi l & nww gly
(Printed Name) ��, ��{ n,
Residing at 50� (A � W
My Commission expires / 2,� /20 7/?7
ACCEPTED:
2809424 Page 4 of 4 08/25/2023 09.39.00 AM
CITY OF BOZEMAN, MONTANA
City n er
B
ATTEST:
City Clerk ==-
o. to
STATE OF MONTANA )
ss
County of Gallatin _ `n )
On this day of Iti I 2073L before me, the undersigned, a Notary
Public for the State of Montana, personally geared 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.
'"",Hu ""' JULIE HUNTER
(SEAL) ��� • NT. Notary Public
:'NOTnR�Ai• -for the State of Montana
Residing at:
;�.SEAL. Q, Bozeman, Montana
r `9OF MO6p\ My Commission Expires:
June 11, 2025
Not ry P lie for the State of Montana
- uAUA4F-
(Printed Name)
Residing at Bozeman, Montana /
My Commission Expires: f / �� /20��