HomeMy WebLinkAbout015_Irrevocable Offer of Dedication_Gallatin County 12_7_22Return Original to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman, MT 59771-1230
City of Bozeman Conditional Irrevocable
Offer of Dedication
This Irrevocable Offer to Dedicate and Declaration of Restrictions (hereinafter "Offer") is
made this Seventh of December, 2022, by Gallatin County, Montana (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 Tracts A and B Certificate of Survey
691 and a parcel as described in Document Film 5 Page 146, less dedicated right-of-way per
Certificate of Survey 429 in Bozeman, Montana., 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 38.7, BMC within the City of Bozeman (hereinafter the
"Permit"); and
WHEREAS, approval of Application #22186 SP (Gallatin County Courts) was granted on
Pending, 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 38.270.030.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 no. #22186 SP (Gallatin County Courts) 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 ThinkOne Architects, Bozeman, MT Project # 2102 dated
May 17, 2022 (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.
GALLATIN COUNTY, MONTANA
By:_________________________________________________
(signature) (print)
Its____________________________________________
By:_________________________________________________
(signature) (print)
Its____________________________________________
STATE OF MONTANA )
):ss
County of Gallatin )
On this day of , 20 , before me the undersigned, a Notary
Public for the State of Montana, personally appeared , known to me
to be of and the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the within instrument for and on
behalf of .
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
ACCEPTED
CITY F BEA TAA
City aager
ATTEST
City Cer
STATE F TAA )
) ss
C uty f Gaati )
this day f 20 bef r e )e the udersiged a tary
Pubic f r the State f taa pers ay appeare d ,EFF IHE.ICH ad I/E AAS w
t )e t be the City aager ad City Cer f r the City f B 1e)a respectivey ad the
pers s wh se a)es are subscribed t the withi i stru)et ad ac wedged t )e that they
executed the sa)e f r ad behaf f the City f B 1e)a.
I WITESS WHEREF I have hereut set )y had ad affixed )y tari a
Sea the day ad year first ab ve writte.
(SEA.)
tary Pubic f r the State f taa
(Prited a)e)
Residig at B 1e)a taa
y C ))issi Expires / /20