HomeMy WebLinkAbout13- Baxter Meadows Land Partners Conditional Irrevocable Offer of Dedication Record Series : Property Agreements
City of Bozeman-City Clerk Record Title: Irrevocable Offers of Dedic•
P.O. Box 1230
Bozeman, NIT 59771-1230
City of Bozeman Conditional Irrevocable
Offer of Dedication
This Iqqvocable Offer to Dedicate and Declaration of Restrictions (hereinafter "Offer") is
made this QD �-�day of March 2013, by Baxter Meadows Land Partners, development and
property management company, 9980 South 300 West, Suite 310, Sandy, UT 84070 (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 Phase 2B, Baxter Meadows
Subdivision, 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-12220) was granted on October 15, 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 39, 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 38.39.030.0; 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 Pen-nit 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-12220, 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 Thomas Dean & Hoskins Bozeman, MT Project B12-035 dated
, 2013 (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 one year after the date of Final Site Plan approval or
extensions of the date of approval.
Baxter Meadows Land Partners, LLC
By:_ -�I-
(signature) (print)
Its M AN eje 2----
By: NONE
(signature) (print)
Its
State of U-rA.4 )
:ss:
County of LA,4, -)
On this j±gym day of ,+ n r,,c�A 2013 before me personally appeared
S uF Bp pac2E="r.c , 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 s/he executed the same as Members of, and for and on behalf of
Wlmr(ROJO,
G CWJOHNOON
Print Name: 6-i ,
006 COMMMM EXPIF" 'Signed:
MV&s ' 23, to UTAH' Notary Public e Stata.
Residing at: ..; - .r-
(NOTAR.TIAL SEAL) My Commission Expires: L/l 2'�l 2 ,S
ACCEPTED:
CITY OF BOZEMAN, MONTANA
CA��- /�,
City Manager
ATTEST:
' ity lerk
STATE OF MONTANA
ss
County of Gallatin )
On this day of 2013, before me, the undersigned, a
Notary Public for the State of Montana, personally app ared CHRIS A. KUKULSKI and
UtMEN, known to me to be the City Manager and City Clerk for the City of Bozeman, 'ZY%Ar1c4kk0rS4
respectively, and the persons whose names are subscribed to the within instrument, and
acknowledged to me that they executed the same for and on beh f of the City of Bozeman.
IN WITNESS WHEREOF, by hereunto set my and a i d my Notarial
Seal the day and year first above written.
„
SUS��ardal
5 Z) N iae —
., OTAPIgl'T=for the State of Montana 0 Public r t e State of Montana
_._ w Residing at: Residing a 4 ozeman, Man ana
,p; SEAL �� - Dozernan, Montana
My Commission Expires: My Commission Expires �
September 10,2014