HomeMy WebLinkAbout06- Fellowship Irrevocable Offer of Dedication
City Clerk
P.O. Box 1230
Bozeman, MT 59771-1230
City of Bozeman Conditional
Irrevocable Offer of Dedication
This Irrevocable Offer to Dedicate ad Declaration of Restrictions (hereinafter "Offer")
is made this Ist day of September, 2006, by Fellowship Baptist Church, (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 5 of the Annie
Subdivision - Phase II, an addition to the City of Bozeman, Gallatin County, Montana,
according to the official map or plat thereof, filed May 8, 1995, 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
'" "[., )c"",.';jC.....,.,.:(4INel., lJ~t '" .,.. ~~;: ._0 ..,.'" ~.;tbeCity of'~
(hereinafter the "Pernrlt");and .
WHEREAS, preliminary site plan approval (File No. Z-0609I) was granted on qbJJ:Jp
by the Municipality in accordance with the provisions of Title 18, BMC~
incorporated by reference; and . I I ' .
WHEREAS, Grantor wishes to meet the requirements of Title 18, 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, remHining improvements and land
appurtenant thereto to remain in private ownership, as authorized in Section 18.74.030.C; and
WHEREAS, the water and sewer improvements and 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 approVld,.t)fthc 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 an4 repair of the said improvements and infrastructure
~oftIred; '~'>':-'L' - ... "I;~"~~~~~;~~~;:1i:~'.i .t'.7....'pr~'L' :,rfr;:',+:.~'~: ~:~~_ ~~"..~j: :~",..:_: ,~. :'~i',,~- ~:~O:i..;r- ;"'-'::'_~ ,,Ii.- :.. ~ I
NOW THEREFORE. in consideration of the granting of, and conditioned upon, the final
approval for application File No. Z-06091, the Grantor hereby offers to dedicate to the
Municipality, the sewer and water improvements and infrastructure constructed or to be
constructed upon the real property as spec;:ifically set forth, described and identified in the plans
and specifications issued or prepared by HKM, Inc, Bozeman, MT, Project #04C364.102 dated
September 8. 2006. and Project #04C364.103 dated SeJ}tember 8. 2006. which are by this
reference incorpomted in this instrument.
1. Benefit and Burden. This Offer shall run with and burden the Property and all
obligations, terms, conditions, and restrictions bereby imposed shall be deemed to be covenants
and restrictions running with the land and shall be, upon the issuance of the final Permit
reference~-~
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Shelley Vanoe-Gall,tin Co ~T ~ISC 33 00
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 Valldlty. 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. Su~on 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 Orantor and the Municipality, whether
voluntary or involuntary.
4. LimitatioDs. The construction and other standards adopted or utilized by the
,";_0". "';""';i'Y~~'~~T~W:~'~,.J,lJ.",,:"!~O)H,rl.' ._:~~'u,t,~i~'~~,._-'aU ()thet~ement:'
relating to unprovements or ~constmcted or be constmcted pursuant to the Pemnt
shall be fully applicable.
:;,,-l,
~. 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
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On this 8th day of Seotember. 2006 before me personally appeared Jeremy Shea 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 he executed the same as a Representative
of, and for and on behalf of Fellowship Baptist Church.
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Print Name:
Signed:
Notary Public
Residing at:
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ACCEPTED:
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County of Gallatin
On this "11 day of S' f f f ~ m be r 2006, before me, the undersigned,
a Notary Public for the State of Montana, personally appeared CHRIS A. KUKULSKI and BRIT
FONTENOT, known to me to be the City Manager and Clerk of the City Commission for the City
of Bozeman, respectively, and the persons whose names are subscribed to the within instnunent,
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
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: -.- : . Residing at Bozeman, Montana I
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