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HomeMy WebLinkAbout022_Irrevocable Offer of DedicationRETURN RECORDED DOCUMENT 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 ______________ 2022, by MJN Properties, LLC., a Montana Corporation, 5170 Durston Rd., Bozeman, MT 59718 (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 6 & 10’ of Tract 7, Block 4 of Smith Subdivision, Phase 1 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 38.7, BMC within the City of Bozeman (hereinafter the "Permit"); and WHEREAS, approval of Application #22034 was granted on September 23, 2022, 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. 22034, 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. (Now IMEG) 1143 Stoneridge Drive Bozeman, MT Project #190527 dated January 28, 2022 and titled “Nahorniak Commons” (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. MJN PROPERTIES, LLC., a Montana Corporation By:_________________________________________________ (signature) (print) Its____________________________________________ State of ________ ) :ss: County of _______ ) On this ____ day of _______________ 2022 before me personally appeared ___________________________, 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 _______________________________________. Print Name: ____________________________ Signed: ____________________________ Notary Public for the State of ______________ Residing at: ____________________________ (NOTARTIAL SEAL) My Commission Expires: _________________ ACCEPTED: CITY OF BOZEMAN, MONTANA _______________________________________ City Manager ATTEST: ________________________________________ City Clerk STATE OF MONTANA ) ) ss County of Gallatin ) On this __________ day of _____________ 2022, 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 __________________