HomeMy WebLinkAboutIrrevocable Offer of Dedication TemplateReturn Original 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 _____day of ______________ 202, by CORPORATION NAME, TYPE OF CORPORATION AND ADDRESS
(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 INSERT LEGAL DESCRIPTION,
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 INSERT PLANNING FILE # was granted on INSERT APPROVAL DATE, 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. INSERT PLANNING FILE #, 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 INSERT ENGINEERING FIRM NAME AND ADDRESS Bozeman, MT Project INSERT PROJECT NUMBER dated DATE OF INFRASTRUCTURE PLANS 2019 (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.
CORPORATION NAME
By:_________________________________________________
(signature) (print)
Its____________________________________________
By:_________________________________________________
(signature) (print)
Its____________________________________________
STATE OF MONTANA )
):ss
County of Gallatin )
On this day of , 20 , before me the undersigned, a Notary Public for the State of Montana, personally appeared Name
, known to me to be Title of Entity 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 Corporation .
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written.
(SEAL)
Notary Public for the State of Montana
(Printed Name)
Residing at
My Commission expires / /20
ACCEPTED:
CITY OF BOZEMAN, MONTANA
_______________________________________
City Manager
ATTEST:
________________________________________
City Clerk
STATE OF MONTANA )
) ss
County of Gallatin )
On this __________ day of _____________ 20__, before me, the undersigned, a Notary Public for the State of Montana, personally appeared 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 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.
(SEAL)
_______________________________________
Notary Public for the State of Montana
_______________________________________
(Printed Name)
Residing at Bozeman, Montana
My Commission Expires: / /20