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HomeMy WebLinkAboutApprove and Authorize City Manager to sign Irrevoc_5.pdf Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Keri Thorpe, Assistant Planner Tim McHarg, Planning Director SUBJECT: Irrevocable Offer of Dedication for Resurrection Parish Catholic Church Conditional Use Permit #Z-10356 MEETING DATE: Monday, May 21st, 2012 AGENDA ITEM TYPE: Consent RECOMMENDATION: Staff recommends that the City Commission considers a motion authorizing the City Manager to sign the attached irrevocable offer of dedication document. BACKGROUND: Resurrection Parish Catholic Church at 1725 S. 11th Avenue, zoned "RO" (Residential Office District) was required to provide an irrevocable offer of dedication for improvements that will be dedicated to the City upon completion of the project approved under conditional use permit Z#10356. Improvements include a water main and other public improvements. In order to comply with Section 38.39.030.C.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 found it to be acceptable. FISCAL EFFECTS: Not applicable. ALTERNATIVES: As suggested by the City Commission. Attachments: Irrevocable Offer of Dedication Report compiled on: May 1, 2012 17 City of Bozeman Conditional Irrevocable Offer Of Dedication This Irrevocable Offer to Dedicate and Declaration of Restrictions (hereinafter "Offer") is made this __ day of April 2012, by Roman Catholic Bishop of Helena (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 11A of Amended Plat of Tai Lane Addition, SW1/4 of Section 13, Township 2 South, Rand 5 East, an addition to the City of Bozeman, Gallatin County, Montana, according to the official map or plat thereof, No. I-3-B, 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 38.42, BMC within the City of Bozeman (hereinafter the "Permit"); and WHEREAS, preliminary approval (File No. Z-10356) was granted on February, 28, 2011, by the Municipality in accordance with the provisions of Chapter 38, BMC, hereby incorporated by reference; and WHEREAS, Grantor wishes to meet the requirements of Chapter 38, 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 38.39.030.C; and WHEREAS, the water 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-10356, 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 Madison Engineering, Inc., Bozeman, MT dated September 9, 2011, 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 referenced 18 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 before December 31, 2012. PROPERTY OWNER _______________________________________ Signature ______________________________________ Printed Name and Title STATE OF MONTANA ) ) ss County of ____________ ) On this _____ day of _______________, 2012, before me, the undersigned, a Notary Public for the State of Montana, personally appeared_______________________, of _______________________known to me to be the property owner that executed the within instrument, and acknowledged to me that he executed the same for and on behalf of said corporation. 19 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. (SEAL) ________________________________ ________________________________ (Printed Name Here) Notary Public for the State of Montana Residing at ______________________ My Commission Expires:____________ ACCEPTED: CITY OF BOZEMAN, MONTANA _______________________________________ City Manager ATTEST: ________________________________________ City Clerk STATE OF MONTANA ) ) ss County of Gallatin ) On this __________ day of ________________ 2012, before me, the undersigned, a Notary Public for the State of Montana, personally 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) _______________________________________ Notary Public for the State of Montana Residing at Bozeman, Montana My Commission Expires __________________ 20