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Home My WebLink About06- Irrevocable Offer of Dedication with Warbler . 0.4> ( x. i'f C. " ~j( Ii. Po '~/1.., 0 { -/21/ (J 0 '2 e ,M A Ai' I M r IT Q'6ty of Bozeman Conditional Irrevocable Offer of Dedication This I"evocable Offer to Dedicate and Decltu'ation of Restrictions (hereinafter "Offer") is made this ~ay of May, 2006, by Warbler Development L.L.C., (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 1 A of the amended plat of lot 1 in block 10fBaxter Meadows Subdivision, P.D.D., phase I, an addition to the City of Bozeman, Gallatin County, Montana, according to the official map or plat thereof, 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 18.80, BMC within the City of Bozeman (hereinafter the "Permit"); and WHEREAS, preliminary approval (File No. z. '~ol(o ) was granted on ~ 2006, by the Municipality in accordance with the provisions of Title 18, BMC, hereby incorporated by reference; and 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, remaining 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 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 File No. Z-()'tJL/O . the Grantor hereby offers to dedicate to the Municipality, the sewer and water improvements and 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 C&H Engineering Services, Inc., Bozeman, MT Project # D'5't.-7f' dated ::r"1lL '1 ,2006, 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 111111111111111111111111111111111111111111111111111111I ~~~~r~~~p ~helley Vance-Gallatin Co MT MISC 33 00 . ~ fI') ~ U)l')O ..... - CD w,OO .N~ NQd~1 NlII.... 1lI~ Q.~ =-- o ----= 0 l') l') --- (.) ----= III ... ~E: l- E o =-- (.) c :.:: III ..... -;; ........ ~ ~ g ~ ;>. =-- III ..... .. ----= ~ -Ill a ,_" 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 befor e 8, 2006. . a Montana limited liability company .. I. re) J.t~''VCJ (print) ~~ State of Montana ) :ss: County of Gallatin ) On this ~ day of May, 2006 before me personally appeared Matt Nistler whose identity was proved to me on the basis of satisfactory evidence to be the person whose name is sub,,~ed to this instrument, and acknowledged that he executed the same as a Member of, and for and on behalf Warbler Development, LLC. ~1l"""".,J;:i~..-4.""'j".'fJIO' ,~,...,~\~Jt. GRl'.1' ..... ....' \. ~y ........... /,;1J #.. ,l:' ~v ....~,,' .... .,..,'~ ~;::"'"'"A '. w~' ~ 'f /.., \) \ 'UA"" ~ 1; ': ,""",'.'1' AL(,. , iE. ;~ Ii, ~-~} : :: ".e:t ,.,1... .. ....... '~....., : 1)(1',01: .,. 1:fU., -AL) \\"f.,~ '."" ..,.' , ",'..~ ~ ~ II,. ..... ~ ..... ~.., ""T'~ .......... ~r .~,,, 1111 ~ OF tlO'~"\~ ",' 1 "ll ~ \,\\' , "'''/f11l,"11'' Print Name: Signed: . Notary Public for the State ontana Residing at: ~. My Commission Expires: 3/1- 5 I Z IJIJ? ~ ,,'.' . ACCEPTED: CITY OF BOZEMAN, MONTANA ) ) ss County of Gallatin ) On this 2.. rr day of ;f/ rJ vi ~ tUf rfIL. 2006, before me, 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 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 ofthe City of Bozeman. , IN ~"TNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Se~~~~~(t'N~ar first above written. ~-~ .... .~~~~ ~ r.. . ~ ~;;j' -t~t ~ - ~". ~ =~ V) : ~O .. ~= _. . _ ary Public for the State of Montana S * . SEAL . * ~ Residing at Bozeman, Montia ~ . . ;:: / tJ '\ ~ . . . . "$1 My Commission Expires j ~ 2tJ I ~,A:: . . . . . _ t(..'r ~ ~~r OF MO"~\~~ ""'11I11I11\\\\\\'1 , '-.', ,~~..,;' r, , , . I" . .- , .. .. ~<t. '<:........I.......~- , ...:..~?t~,. ~~( ~'(f"r~~ '. s..~.t~~.~~. 7(', " 111111111111111111111111111111111111111111111111111111 ~~9~~r~~~p ,Shelley Vance-Gallatin Co MT MISC 33'00