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HomeMy WebLinkAbout24 - Irrevocable Offers of Dedication & Letters of Credit - 1825 W. KAGY LLC - Remington Addition, Lot 7 and Tract B 2821648 P. Ergc 1.4 - Gallatin�Cou©ty32MT9 PM Fee:M$SC 00 Return Ori ink �������������������������������������������������������� 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 _LL� day of 20A by 1825 W. KAGY LLC, a Delaware limited liability company care of 2 Cooper Street, 10h Floor, Camden, New Jersey 08102 (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: Lot 7 of the Remington Addition (I-20) and Tract B of the Amended Plat of the Remington Addition(I-20-A),located in the SW 1/4 of Section 13,T2S,R5E,P.M.M., 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 infrastructure plans associated with Application #22395 1825 W. Kagy Blvd SP was granted on June 7, 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; 2821648 Page 2 of 4 03/07/2024 04:32:39 PM NOW THEREFORE, in consideration of the granting of, and conditioned upon, the final approval for application no.22395,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 of 234 E.Babcock Street,Suite 3,Bozeman,MT Bozeman,MT Project#2023- 04-IR dated May 23, 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 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. 2821648 Page 3 of 4 03/07/2024 04.32.39 PM GRANTOR: 1825 W. ` GUbC By: Printed Name: N I L In[t e 1 r r_nCk C.01 rn Title: rA a.A c.a t' vn�t STATE OF ss. County of C&w)d e -, ) On this day of re b r�,�u 20�, before me, the undersigned, personally appeared ►� c, _ whose identity was proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument, and acknowledged that s/he executed the same in his/her capacity as for and on behalf of 1825 W. KAGY LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. .;.��•• . >rc• SEAL „e�1.y.�c,✓ fit" �Y''• ,�L',is[ � Notary Public for the State'of " r 77 Printed Name: r-e 5G. Residing at: My Commission Expires: :7 / _/20af � r ' lq!f t Iry YLlS1 t' ,' 2821648 Page 4 of 4 03/07/2024 04.32.39 PM ACCEPTED: CITY OF BOZEMAN, MONTANA pre+t 4tj City Manager ATTEST: �; _'•`e- City Clerk ����•- � _— r t �r. STATE OF MONTANA ) ) ss County of Gallatin ) Cv"wL�C- On this 0 day of QXC.v� 20 before me, the undersigned, a Notary yP-tA n Public for the State of Montana, personally appear YEf+-MfH-E IM and MIKE MAAS, known to �,14 1Zy me to e th and City Clerk for the City of Bozeman,respectively, and the persons whose a3-0 names are subscribed to the within instrument, and acknowledged to me that they executed the same �6ct� for and on behalf of the City of Bozeman. C -9e` IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) N tary ublic for the State of Montana Res' mg at Bozeman, Montana My Commission Expires (o L, —2 2.S JULlE HUNTER Notary Public .NorARrq4', :sfor the State of Montana * • Residing at: ;N9 SEAL ..*-- Bozeman, Montana `%, pF'MpP My Commission Expires: June 11,2025