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Home My WebLink About09- Summit Storage Site Plan No. Z09080 Irrevocable Offer of Dedication Ci Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Brian Krueger, Associate Planner Andrew C. Epple, Director of Planning and Community Development Chris Kukulski, City Manager SUBJECT: Irrevocable Offer of Dedication for Summit Storage Site Plan #Z09080 MEETING DATE: October 12, 2009 AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission make a motion authorizing the City Manager to sign the attached irrevocable offer of dedication document. BACKGROUND: The Summit Storage development at 2674 Simmental Way, zoned "M -I" (Light Manufacturing; District) was required to provide an irrevocable offer of dedication for improvements that will be dedicated to the City upon completion of the project. Improvements include street and pedestrian sidewalk improvements. In order to comply with Section 18.74.030.0.1 of the Bozeman Municipal Code the applicant is required to provide this irrevocable offer. Planning and Engineering staff have reviewed the document and have round it to be acceptable. FISCAL EFFECTS: Not Applicable. ALTERNATIVES: As suggested by the City Commission, Attachments: Irrevocable Offer of Dedication Report compiled on: October S, 2009 City of Bozeman -City Clerk P.O. Box 1230 WL Bozeman, MT 59771 -1230 SEP 0 8 2009 City of Bozeman Conditional Irrevocable Offer of Dedication DEPARTMENT OF PLANNING AND COVYUNi'Y DEVELOPMENT This Irrevocable Offer to Dedicate and Declaration of Restrictions (hereinafter "Offer is made this 15t day of September 2009, by Tom Starner an individual with an address of 1276 North 15 Ave, Ste 103, 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 1, Block 2 of the Lewis and Clark subdivision, 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- 09080) was granted on August 6, 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 street 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- 09080, 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 -09080 dated August 6, 2009 (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 2349822 Page: 1 of 3 12/21/2009 01:36:10 PM Fee; $21 00 Cha Mills Gallatin County, M? MISC II 11 IIII II III IIII III II III VIII II� I II�IIIIII��II�� 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. To St (Si ature (Print) Its: Owner State of Montana Depart Natural Resourrc es and Conservation t B &410e (S i g9du re) (Print) Its: Bozeman Unit Manager State of Montana ss: County of Gallatin On this_day of 2009 before me personally appeared Tom Starner and Craig Campbell whose identity was proved to me on the basis of satisfactory evidence to be the persons p4lsllllil li'77r1,, r whose name �"Fjk this instrument. r c ,(��A ?9� s Print Name: rrr Tyr s Signed: 24.A"- x Notary Public for the State of Montana s i s jar Residing at: l ryre��sron� Mo6rran1F1 (NOTARIAL ��W My Commission Expires: --oia rtrunlulmnanm' ACCEPTED: CITY OF BOZEMAN, MONTANA 1 City Marlager- 802'' ATTEST: Q n I CIS k, STATE OF ti 7V CO 3 ss County of Gallatin On this (fie day of 2009, before me, the undersigned, a Notary for the State of Montana, personally appeared CHRIS A. KUKULSKI and STACY ULMAN, 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. (SEAL) NotA Public for the State of Montana \w I I II /r Residing at Bozeman, Montana My Commission Expires V NOTAMAL AIMEE.. KISSE...L �r g� y M <a Y," 5-1 V 1 e l tl FC7R TH6. STATE U( rVt<)N 1 Fn IV.r r ►7 f 8 it 1 C7 1 N Cm t\ 1 E�O2EMAN. M <3r4 1<1rVl1 y MV G "UMMIS _zl(7N E- XI'IFiL^-i Io v\\�