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HomeMy WebLinkAbout16- Waiver of Right to Protest - Kable Subdivision - Special Improvement Districts for Street Improvements Return to: City of Bozeman City Clerk PO Box 1230 Bozeman, MT 59771-1230 EXHIBIT "B" i WAIVER OF RIGHT TO PROTEST CREATION OF I' SPECIAL IMPROVEMENT DISTRICTS FOR STREET IMPROVEMENTS KABLE SUBDIVISON ANNEXATION The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Lots 5, 6, 7 and 8, Block 2, Kable Subdivision, according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, located in the Northeast Quarter of Section 11, Township 2 South, Range 5 East of P.M.M. SUBJECT to all easements of record or apparent from a visual inspection of the property. IN CONSIDERATION of receiving approval for annexation of the subject property from the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the impacts to North 25th Avenue and Durston Road which will be caused by the 1 development of the above-described property, the owner has waived and does hereby waive for itself, its successors and assigns forever the right to protest the creation of one or i more special improvement districts for the construction and maintenance of following improvements: paving, curb and gutter, sidewalk, lighting and storm drainage facilities for North 25th Avenue or Durston Road, or to make any written protest against the size or area or creation of the district be assessed in response to a duly passed resolution of intention to i create one or more special improvement districts which would include the above- Y described property. a Kable Subdivision Annexation Agreement 24 J u } 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 is made for the benefit of the property described herein shall be a covenant running with the land. The terms, covenants and provisions of this waiver shall extend to, and be binding upon the successors-in-interest and assigns of the Landowner. DATED this#day of hek--e4lde — , 2016. LANDOWNER rett Hol e STATE OF MONTANA ) •ss COUNTY OFGAjajk, ) On this )4f41 day of 2016, before me, the undersigned, a Notary Public for the State of Montana, ersonally appeared Brett Holzer known to me to be the person that executed the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) CHLOE M.KA7SILAS w'4 garC, NO1ARY PIJBUC for ttta Na e e) S/to State of,lentana t, ��AL Residing at East Helena,rtoblic for the State of Il/lUVl�` Yl� My Commission Expirat EastJanuary 19,2019 ission Expires: i/1R/2PJ�� (Use 4 digits for expiration year) Kable Subdivision Annexation Agreement 25 DATED this I LI day of bV r P t4n )L,P P , 2016. (LANDOWNER vV Y Margaret eary STATE OF MONTANA ) :ss COUNTY OF80/M ) On this *1 day of T�CO2 f'YL r , 2016, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Margaret Cleary known to me to be the person that executed the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) CHLOE M.KATSILAS ( rinted Na ) 100 K*It/Yl�c--� NOIARY PUBLIC for the Notary Public for the State of ",R,, Sf1F.o of MonLL na Residing at r,t East I.eiona,Mcnlans ^ [Ay Commission Expires My Commission Expires: I `� a-M January 19,209 (Use 4 digits for expiration year) Kable Subdivision Annexation Agreement 26 i 1 3 3 S i DATED this day of l��i d ,2016, LANDOWN c. Leon Liebman STATE OF MONTANA ) :ss COUNTY OF 7i ) On this %3 day of � '1-i� 2016, before me,the undersigned, a Notary Public for the State of Montana, personally appeared Leon Liebman known to me to be the person that executed the within instrument, and acknowledged to me that he executed the same. x s IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) -a''(Printed Name Here) lht, AUSTIN BOSMA Notary Publi for the State of M e. Notary Public Residing at r �pTAA/44 _for the State of Montana SEAL * Sesrding at: My Commission Expires:l=e a c� ` r 8eJ rade, Montana 9 '•. P?: 9 (Use 4 digits for expiration year) or '0,,, MY Commission Expires: February 26,2020 EXHIBIT"C" Kahle Subdivision Annexation Agreement 27