HomeMy WebLinkAbout11- J & D Family Limited Partnership Conditional Irrevocable Offer of Dedication, Lot 2City of Bozeman -City Clerk
RO. Box 1230
Bozeman, NIT 59771 -1230
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Charlotte Malls - Gallatin COUnt MT misc
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City of Bozeman Conditional Irrevocable
Offer of Dedication
This Irrevocable O fer to 1Dedicate and Declaration of Restrictions (hereinafter "Offer ") is
made this _ " of p,) , by d &D Family Limited Partnership, a Montana corporation
with an address 32 Kean Drive, Bozeman, MT 54718, (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 2 Block ICGM) of the I & D
Family Subdi vision) within 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" )a and
WHEREAS, Final. Site Plan approval was granted on March 10, 2011 , 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 18.74.030.0; and
WHEREAS, the water main, hydrant 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 TIIERLT'0R,l , in consideration of the granting of, and conditioned upon, the final.
approval for application File No. Z- 10342 the Grantor hereby offers to dedicate to the
Municipality, the water main and hydrant improvements and infrastructure constructed or be
constructed upon the real property as specifically set forth, described and identified in the waterline
and fire service plans and specifications issued or prepared by Genesis Engineering, Inc.. Bozeman,
MT Project dated February 2011, (with any 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 Offer shall benefit the Municipality only so long as said
improvements and infrastructures for water main and hydrant 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.
S. Terra. 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 March 10, 2012
J &D Family Limited Partnership
By Joe Billion. Manain; Member
(si' nature) (print)
Its'
State of Montana
County of Gallatin
ss:
On this day of llki— - -'1W before me personally appeared Joe Billion,
whose identity was proved to me on the ba s of satisfactory evidence to be the person whose
name is subscribed to this instrument, and acknowledged that he executed the same as
Members of, and for and on behalf of J&D Family Limited Partnership.
Print Name:
Signed: --?
Notary PubliAdethe State of Montana
Residing at:
(NOTARIAL SEAL) My Commission 9xpires.
ACCEPTED:
CITY OF BOZEMAN, MONTANA
City Manager , ,. „
BO
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ity pr < � � , � ✓ � � .
STATE OF MONTANA )
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County of Gallatin )
;g Linton
., U." NjQ41 .3tary' PubMo
: '�OTAR "' W,(ri� .tr of Montana
ID S&&L Montana
*ii slon EXpires:
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On this 11 4- 1.- day ofApr11 2011, before me, the undersigned,
a Notary Public for the State of Montana, personally appeared CHRIS A. KUK:ULSICI 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.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal the day and year first above written..
(SEAL)
K444..4/
I I I U / /
Nota Public for the State of Montana
K I S r
Residing at Bozeman, Montana
My Commission Expires
SEAS _
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