HomeMy WebLinkAbout12- Roman Catholic Bishop of Helena Conditional Irrevocable Offer of Dedication r
City of Bozeman-City Clerk
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P.O. Box 1230
Bozeman, MT 59771-1230 City of Bozeman Conditional
Irrevocable Offer Of Dedication
This Irrgocab le�Of er to Dedicate and Declaration of Restrictions(hereinafter "Offer")
is made this�� ay of 1�`''�� 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 I IA 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
a WHEREAS, Grantor wishes to meet the requirements of Chapter 38, BMC, to provide
E 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 Iand
" appurtenant thereto to remain in private ownership, as authorized in Section 38.39.030.C; and
E
NE=_ 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
�Ustherein are to be dedicated to the Municipality, free and clear of all encumbrances, pursuant to
N C said final approval of the Permit; and,
ID
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;
Nam- 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 ran 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
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, conditiorxs, 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. 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
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ignature
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Printed Name and Title
STATE OF MONTANA }
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County of La6x5 A (` )
On this a44h,day of-4 , 2012, before me,the undersigned, a Notary Public for the State of
Montana, personally appeared t, , of Oi* 0� � ¢�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.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and
year first above written.
(SEAL) AVM
r a v Nom'PUBLIC f«ttie
state of Montana
# SEAL * ResoN at Townsend,MT
My conynmw Expires
CW Sept errr 23,2013 (Printed ame Her
Notary Public for the State of Montana
Residing at 10 W=L
My Commission Expires:
ACCEPTED:
CITY OF BOZEMAN, MONTANA
a�L 4. `
City Manager
Bo z
ATT T: 0 * ' "
Ci C erk
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STATE OF MONTANA
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County of Gallatin }
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On this day of CL 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 ity 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.
y
K�l1//��� (SEAL) tV'AeQd
Not rY Public for the State of Montana
Residing at B ><, Montana Y
P. O TnRx1;U y My Commission Expires foZ - M-- �]Z
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