HomeMy WebLinkAboutwater and sewer improvements dedication doc 06 21 22 City of Bozeman Conditional Irrevocable
Offer of Dedication
This irrevocable ffer to Dedicate and Declaration of Restrictions (hereinafter "Offer") is
made this day of 2022, by Human Resource Development Council of District
IX, Inc., a nonprofit orgy lization of 32 South Tracy Ave. (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 Tract 38 of the Northeast Annexation to
Bozeman(202 to 206 East Griffin Road, 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 No. 21117 was granted on September 9, 2021, 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 38.270.03,0.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.No. 21117,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 Stahly Engineering&Associates,Inc. of 851 Bridger Drive, Suite
1 Bozeman, MT Project 21117 dated December 2021 (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.
Human Res arce Development Council of District IX, Inc.
Its-V(sign e) (print)
to
By:
(signature) (print)
Its
State of
:ss:
County of in )
On this 1, � day of �Un e 2022 before me personally appeared
to '/ tyl fe , whose identity was proved to me on the basis of satisfactory
evidence ence 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
1199C
Print Name: �1(�✓Lf7 �GnGh
Signed:
Notary Public for the State of moviloyla
Residing at: Bovyh& 'n hna
(NOTARTIAL SEAL) My Commission Expires: _ 2 v l�- 1,Oti6
N o KAREN DONCH
E o
ACCEPTED: �s�` Notary Public
�oTARrq�. _for the ltate of Montana
�:t7Sidif!• at:
CITY OF BOZEMAN, MONTANA E3ozetr--an.Montana
My Catxnission Expires:
' ,:, •�'� January 14,2026
City Manager
ATTEST:
City Clerk
STATE OF MONTANA )
ss
County of Gallatin )
On this day of 2020, before me, the undersigned, 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 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 Public for the State of Montana
Residing at Bozeman, Montana
My Commission Expires