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HomeMy WebLinkAbout08- Saam Real Estate, City of Bozeman Conditional Irrevocable Offer of DedicationBozeman City Clerk P.O. Box 1230 Bozeman, MT 59771-1230 a a ~ma N°a !~~ ~- N .. ~ Mma Na° a - N U ,~ E City of Bozeman Conditional Irrevocable o Offer of Dedication ~~ v ~;~ This Irrevocable Offer to Dedicate and Declaration of Restrictions (hereinafter "Offer") is ~ ~ made this day of'~a 1 MO 2008, by SAAM Real Estate, Inc., a Montana corporation with an ~~ ,;, address of 7177 Jade Hil ane, ozeman MT 59715, (hereinafter referred to as "Grantor"). ~~ m 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 4A, of the Amended Plat of Lots 4 t & 5 of Greek Way Subdivision to the City of Bozeman, Gallatin County, Montana, according to the U official map or plat thereof, F-45-A, 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-07270) was granted on March 17, 2008, 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-07270, the Grantor hereby offers to dedicate to the tD ~, a Municipality, the sewer and water improvements and infrastructure constructed or be constructed ~ o a upon the real property as specifically set forth, described and identified in the plans and ~ N N specifications issued or prepared by Thomas Dean & Hoskins, Inc., Bozeman, MT Project B07-083 t''~ m ° dated May 2008 (with subsequent approved revisions), which are by this reference incorporated in ~a this instrument. ~. e ~~ a N 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, E 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. ~ m ~~ ~~' 2. Construction and Validity. If any provision of these Restrictions is held to be ~~ y invalid or for any reason becomes unenforceable, no other provision shall be thereby affected .~ ~ or impaired. o ro 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 android if the Permit referenced herein is not granted and issued by the Municipality on or before Ju , v~. Ua SAAM Real Estate, Inc. >1 ~ .,~ ~v ~ I~ ~~~h~ti (sib re) (print) Its ~P~Q~~ IIIIIIIVIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ~0 ZOV~P State of Montana ) :SS: Charlotte Mills-Gallatin Co MTMISC 21.00 County of Gallatin ) On this ~~> -day of 2008 before me personally appeared Marianne Liebmann, whose identity wasp ed to me on the basis of satisfactory evidence to be the persons whose name is subscribed to this instrument, and acknowledged thatnlle executed the same as Me~}~~rs of, and for and on behalf of SAAM Real Estate, Inc. ,~~~~~ +uu~; ~~ ,~~~~~~, . ~r %: Print Name: ~~~~~ VU~U~ ' ~'A' ~, C3 ':^, ~; ~ ".~ Signed: r.• ~-~ : ; _ ._.. __. ' ; __ Notary Public for the State of Montana = ,~ . ~ , ., ,.. __ ~ - Residing at: (~ ~~ ~n~l,~~f - y`I~,T- ~: ; ` ; ~, (N0'I~R'I'YA'~ S~AL;~C~, -' My Commission Expires: I Z o ~© ,~,r ACCEPTED: CITY OF BOZEMAN, MONTANA `/~~' City Manager ~~~~$~~' ATTE~ . ~.... ~t~' ~ ~. - :~~. Cit~v~ ~ ~'1 ~ •~ ~~~ a " S ;11 ~,~ STAT~OI?ivi~NT'?,~`d~ ) `fi , ) SS County of Gallatin ) On this ~ day of 2008, before me, the undersigned, a Notary Public for the State of Montan , per~or lly appeared CHRIS A. KUKULSKI and STACY ULMEN, 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. I~j~~~l~'~,~y~ WHEREOF, I h ve hereunto set hand and affixed my Notarial Seal the day,~~~~, written. z=. NOT,' ~c= ~ • ''- ~', m _ otary Public for e State of Montana N~ • ~~ • ,• ~ ` Residing at Bozeman, Montana ~9~. • _ • . ~P ~; My Commission Expires ~ '"~~~ ` , (~ /~s/~~~~Q~Itf II ~11,~ ~~ ~`