HomeMy WebLinkAbout09- Conditional Irrevocable Offer of Dedication, Bridger GatewayBozeman City Clerk
~O. 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 28 day of May 2009, by Bridger gateway inc. a Montana corporation
with an address of 1276 Nth 15`'' Ave., Bozeman, MT 59715, (hereinafter to as "Grantor").
WHREAS, 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 2, Block 1 Of the
Lewis and Clark subdivsion, Gallatin County, Montana, according to the official map or plat
thereof, No J-376 Recorded # 2140140 on file in the office of the Clerk and Recorder of aid
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-08284) was granted on April 14, 2009,
by the Municipality in accordance with 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.1.c (1); 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-08284, 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 Hyalite Engineering Inc. Bozeman, MT
Project No. Z-08284 Dated April 14, 2009 (with subsequent approved revisions), which are
by this reference incorporated in this instrument.
Benefit and Burden. This offer shall run with and burden the property and
all obligations, terms, conditions, and restrictions hereby imposed shall be
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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 exists 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 Municipality on or before
December 31, 2010.
Bridger Gateway Inc.
By: _ _ ~~,~ ~o ~/
/;~ (Si ature) (Print)
Its C~'Gci ~? c~
State of Mont~r a -Department of Natural Resources and Conservation
By:
State of Montana )
County of Gallatin )
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On this ~&'=~" day of ~_, 2009 before me personally appeared Karl M Cook and
Craig Campbell whose identity was proved to me on the basis of satisfactory evidence to be
the persons whose name is subscribed to this instrument, and acknowledged that he
executed the s~ ~~~erx~b~ of, and for and on behalf of Bridger Gateway Inc.
(NOT.
ACCEPTED:
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Print Name: ~~DzrH T Ets
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Notary Public for the State of Montana
Residing at: L.r ~ ~,v a s ~r~ na , m ~
My Commission Expires: 8- ~~- ~
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On this o~J? -' day of ~un,o~ 2009, before me, the undersigned, a
Notary for the State of Montana, personally appeared CHRIS A. KUKULSKI and STACY
ULM~N, 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 affixed my Notaries Seal
the Day and year first above written.
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Nota Public for the State of Montana
Residing at Bozeman, Montana
My Commission Expires
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