HomeMy WebLinkAbout14.3 Irrevocable Offer of Dedication 2020.08.19 - Signed RETURN RECORDED DEED TO:
Bozeman City Clerk
PO Box 1231
Bozeman, MT 59771-1231
City of Bozeman Conditional Irrevocable
Offer of Dedication
This Irrevocable Offer to Dedicate and Declaration of Restrictions (hereinafter "Offer")
is made this day of 20 , by Great Western Investments, LLC, a Montana
limited liability company, with a mailing address of 15525 Horse Creek Road 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 Lot 1, Block 9, Laurel Glen
Subdivision, Phase 1, on file and of record in the office of the Clerk and Recorder, Gallatin County,
Montana and located in the South Half of Section 4, T. 2 S., R. 5 E. of P.M.M., City of Bozeman,
Gallatin County, Montana, (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, approval of Application #19154 was granted on , 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#19154, 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 C&H Engineering and Surveying, Inc., with a mailing address of 1091 Stoneridge
Drive, Bozeman, MT, 59718, Project #19154 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 one year after the date of Final Plan approval or
extensions of the date of approval.
Dated this�4day of , 2019.
Great Western Investments, LLC
By: M g Hinesley, Manager
State of MONTANA )
:ss:
County of Gallatin )
fti
This instrument was signed or acknowledged before me this(U day of
20 11, by Morgan Hinesley, as Manager of Great Western Investments, LLC, a Montana
limited liability co pany.
SEAL ,
,3��_ ;����p j� ,,, SHEILA TINJUM
Z G�`%
Notary Public for the S� e of Montana Notary Public, �. •�-;
,,koTARi,a�• ;for the State of Montana
Print Name: *= Re.+hin9 at:
Residing at: SEAL.,, f Bozeman, Montana
My Commission Expires:
My Commission Expires: August 03,2023
ACCEPTED: CITY OF BOZEMAN
By: Jeff Mihelich, City Manager
ATTEST:
Mike Maas, City Clerk
STATE OF MONTANA )
)ss.
County of Gallatin )
On this day of , 20 , before me, a Notary Public for the
State of Montana, personally appeared JEFF MIHELICH and MIKE MAAS, known to me to
be the City Manager and City Clerk, respectively, of the City of Bozeman, 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
Printed Name:
Residing at:
My Commission Expires_/ /20