HomeMy WebLinkAbout16- Waiver of Right to Protest - Cattail Creek Subdivision - Special Improvement Districts Inter-office Original to:
City of Bozeman
Department of Community Development
20 East Olive Street
P. O. Box 1230
Bozeman, Montana 59771-1230 pLA7TD
2542373
Page: 1 of 2 04/14/2016 11:08:15 AM Fee $14.00
11
Charlotte Mills - Gallatin County, MT MISC
II III II III111 IIIIII 11111111111111111111111111111111 11II 111111111 III
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENTS DISTRICTS
The owner of the real property situated in the County of Gallatin, State of Montana, and more
particularly described as follows: j
Lots 2, 3, 4 and 5 of Block 3 of Phase 3 of the Cattail Creek Subdivision, Gallatin
County,Montana, according to the official plat thereof on file and of record in the
offices of the County Clerk and Recorder, Gallatin County,Montana. (Plat
Reference: J-415)
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I
IN CONSIDERATION of receiving approval of the Final Site Plan for the subject property from
the City of Bozeman, along with accompanying rights and privileges and for other valuable
consideration,the receipt of which is hereby acknowledged, and in recognition to the impacts to
Catamount Street and North 27th Avenue, which will be caused by the development of the
above-described property,the owner has waived and do hereby waive for itself, its successors
and assigns, the right to protest the creation of one or more special improvement districts
including, but not limited to the following improvements:
a) Street Improvements to Catamount Street including paving, curb/gutter, sidewalk,
and storm drainage;
b) Intersection Improvements to Catamount Street and East Valley Center Road;
c) Intersection Improvements to Catamount Street and N. 27th Avenue;
d) Street Improvements to N. 27th Avenue including paving, curb/gutter, sidewalk, and
storm drainage.
In the event a SID is not utilized for the completion of these improvements,the developer agrees
to participate in an alternate financing method for the completion of said improvements on a fair
share,proportionate basis as determined by square footage of the property,taxable valuation of
the property, traffic contribution from the development, or a combination thereof.
This waiver is made for the benefit of the property described herein and shall be a covenant
running with the land. This waiver shall be in full force and effect pursuant to Section
76-3-608(7), MCA. The terms, covenants and provisions of this waiver shall extend to, and be
binding upon the successors-in-interest and assigns of the owner.
DATED this A ""may of /^' , 2016.
OWNER
CATTAIL INVESTMENTS I LLC,
a Morita ed Liability Company
tep oore, Managing Member
STATE OF MONTANA )
:SS
County of Gallatin )
i
On this f day of !L , 2016,before me,the undersigned, a Notary
Public for the State of Montana,personally appeared Stephen Moore, known to me to be
the Managing Member of Cattail Investments I LLC, owner of the of the real property
described above and the person who executed the foregoing Waiver of Right to Protest,
and acknowledged to me that he executed same for and on behalf of said limited liability
company.
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IN WITNESS WHEREOF, I have hereunto set my hand and set my seal the day and year
first above written:
0ERaty�9 JENNIFER LARPIN _
ti NOTARY PUBLIC for the
State of Montana 4�1Public r the State of Montana
SEAL Residing at Bozeman,Montana y
My Commission Expires Residing at Bozeman,Montana
TF OF M0 April 15,2018 My Commission Expires: /�I L I , �lb