HomeMy WebLinkAbout13- 19th Street Properties, LLC Irrevocable Offer of Dedication City of Bozeman-City Clerk
P.O. Box 1230
Bozeman, MT 59771-1230
2473486
Page, 1 al 2 07�129l2014 03:b7:33 PM Fee $14 pp
Charlotte Mills - Gallatin County MT MTSG
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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 Z�day of? ember 2013, by 19th Street Properties, LLC, a Montana corporation
with an address of 19 Lariat Loop,Bozeman,MT 59715,(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 S14, T02 S,R05 E,TRACT IA COS
2008-A, 19TH Capital Group Annexation to the City of Bozeman, Gallatin County, Montana,
according to the official map or plat thereof,COS NO.2008-A,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 38.19,BMC within the City of Bozeman (hereinafter
the"Permit");and
WHEREAS,preliminary approval(File No.Z-13174)was granted on October 8,2013,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 3839.030.C;and
WHEREAS, the water and sewer 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-13174,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 C&H Engineering & Services, Inc., Bozeman, MT Project
# 2 dated ���, 20_ (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 ` ,20j91,.
39th w(sighna w iesj LLC
By: m
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State of Montana )
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County of Gallatin )
On this day of November, 2013 before me personally appeared
-eA1111 � d �?ritt(l @whose identity was proved to me on the basis 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
goo E"a Delgado Print Name: cC cr
w e} Notary Public
for the State of Montana Signed: r
E3ozeRmann,Montana Notary Public for the 9tate of Montana
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(NOTART-� ° t My Commission Expires: V 2=0 l,
ACCEPTED:
CITY OF BOZEMAN, MONTANA
City Manag r -
ATTEST:
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d t—y C r
STATE OF MONTANA )
ss
County of Gallatin )
On this day of rb rC1Lww t' 2013, before me, the
undersigned, a Notary Public for the State of Montana, personally appeared CHRIS A.
KUKULSKI and STAGY 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.
AtMEE N HORST -- -- -- lv
y:•a u .pN NOTA for the
State of Montana Notar Pubiie for the State of Montana
SEAL;? Residing at Belgrade,Montana Residing at Bozeman, Montana
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