HomeMy WebLinkAbout12- Cape France Enterprises Conditional Irrevocable Offer of Dedication City of Bozeman-City Clerk
P.O. Box 1230
Bozeman, MT 59771-1230
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2430085
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City of Bozeman Conditional Irrevocable
Offer of Dedication
This Irrevocable Offer to Dedicate and Declaration of Restrictions (hereinafter "Offer") is
made this _day of August 2012, by Cape France Enterprises, a Montana general partnership
with an address of 2020 Charlotte Street,Bozeman, MT 59718, (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 S26, T01 S, R05 E, Tract A-1 E2 SEC
35 & SE4 SEC 26 IS 5E COS 1827, 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"); and
WHEREAS,preliminary approval (File No. Z-12080 and Z-12081)was granted on August 9,
2012, by the Municipality in accordance with the provisions of Title 38,BMC, hereby incorporated
by reference; and
WHEREAS, Grantor wishes to meet the requirements of Title 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 and sewer improvements and street 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-12080 and Z12081,the Grantor hereby offers to dedicate to the
Municipality, the sewer and water improvements and street 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 Morrison Maierle, Inc.., Bozeman, MT Project MMI# 2506.024
dated (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 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.
Cape France Enterprises
By: Grace E. France, Partner
Signed:
Dated: S o�
State of Montana )
:ss:
County of Gallatin )
On this day of August 2012 before me personally appeared Grace E. France,
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 same as
Members of,and for and on behalf of Cape France Enterprises.
Print Name: CS�h `�iGm 3ek
Signed: T
Notary Pub ' the t of Montana
Residing at: fioze �, r
(NOTARTIAL SEAL) My Commission Expires: 2. i F. i S
N THO - SEAN A THOMPSON
NOTARY PUBLIC for the
ACCEPTED: * SEAL * state of Montane
N t Residing at Bozeman,Montana
Cmmmon
hvs
CITY OF BOZEMAN,MONTANA �o�Mo Fe y 1i8,,200115
CQA;A�
City Manager
On EaO2�'•
ATTEST:
City ler
�?IAr co.`�t��....
STATE OF MONTANA"
) ss
County of Gallatin )
On this o�4" ` day of A 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 ublic for the State of Mon'
N AIMEE BRUNCKHORST Residing atBezemau,Montana t m1k, AB
M Commission Expires cJ
NOTARY PUBLIC for the Y P
* SEAL:`* State of Montana
My Commission Expires
"'FOF'Mo `�t December 04, 2012