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HomeMy WebLinkAbout16- Waiver of Right to Protest - Sacajawea Middle School - Special Improvement Districts WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR Sacajawea Middle School We, the undersigned Owners of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: A tract of land located in the S W '/4 of the SE '/4 of Section 24, Township 2S Range 5E in Bozeman,.Gallatin County Montana as recorded on C.O.S. 482, containing 28.759 acres. IN CONSIDERATION of receiving Site Plan Approval from the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, in recognition of traffic impacts that will be generated by the development of the above-described property at 3525 South 3`d Avenue, have waived and do hereby for ourselves, our heirs, personal representatives, successors and assigns, the right to protest the creation of one or more special improvement districts for the construction of street improvements to Blackwood Road (including paving, curb/gutter, sidewalk, li hung and storm drainage) street improvements to South 3`d Avenue (including paving. curb/gutter, sidewalk lighting and storm drainage) and intersection improvements to the future intersection of Blackwood Road and South 3`d Avenue, or to make any written protest against the proposed work or against the extent or creation of the districts to be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. In the event an 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 property, taxable valuation of the property, traffic contribution from the development or a combination thereof. This waiver shall be a covenant running with the land and shall not expire with the dissolution of the limited partnership, provided however this waiver shall apply to the lands herein described. The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the successors-in-interest and assigns of the parties hereto. PLATTED 2555438 charlottefMills $Gallatin cou 01 nty MT - Fee' $14.00 111111 IN 111111111 hill 111111111111 III hill 11111111111111 III! DATED thi da W , 20 110 By Title STATE OF MONTANA ) :ss ) County of Gallatin ) On this /8 day of 20 l Lo before me, a Notary Public for the State of Montana, personally appeared known to me to be the I r� of o e corporation that executed the foregoing Waiver of Right to Protest, and acknowledged to me that he/she executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and set my seal the day and year first above written. (SEAL KIM OLSON Notary Public pTAR�q ' for the State of Montana Notary Publiic for the State of Montana *: '. Residing at: SEAL.=Q, Belgrade: Montana � P; My Commission Expires; OF M� December 12, 2016 (Printed Nam Residing at G My Commission e ires: Je^V, Li,2,/20L(a