HomeMy WebLinkAbout17- Waiver of Right to Protest (Special Improvement Districts) - Westbrook Subdivision Phases 2-4 - Street Improvements Return to:
Bozeman City Clerk
PO Box 1230
Bozeman MT 59771
J-599
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Charlotte Mills - Gallatin County, MT [l MISC
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WAIVER OF RIGHT TO PROTEST CREATION OF
SPECIAL IMPROVEMENT DISTRICTS FOR STREET IMPROVEMENTS
WESTBROOK SUBDIVISION—PHASES 2-4
The undersigned owner of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
LOT R1, WESTBROOK SUBDIVISION-PHASE 1, LOCATED IN THE SE1/4,
SECTION 4, T2S,R5E, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY,
MONTANA
IN CONSIDERATION of receiving approval for subdivision 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
Durston Road, Cottonwood Road,Laurel Parkway, and West Oak Street which will be caused by
the 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 more special
improvement districts for the construction and maintenance of following improvements:
1) Street improvements to Durston Road including paving, curb and gutter, sidewalk,
lighting and storm drainage facilities;
2) Street improvements to Cottonwood Road including paving,curb and gutter, sidewalk,
lighting and storm drainage facilities;
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Bozeman City Clerk
PO Box 1230
Bozeman MT 59771
3) Street improvements to Laurel Parkway including paving, curb and gutter, sidewalk,
lighting and storm drainage facilities;
4) Street improvements to West Oak Street including paving, curb and gutter, sidewalk,
lighting and storm drainage facilities;
5) Signalization of the intersection of Laurel Parkway and Durston Road;
6) Signalization of the intersection of Cottonwood Road and 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 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 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. I
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DATED this ��J day of (Y\Q,VA"` , 2017.
LA DOWNER
(__,
Name: ,¢,J C>.e(' e-r—
Title: jr 4,j 4 q
STATE OF MONTANA )
:ss
COUNTY OF C-1 )
On this L5 day of , 2017, before me, the undersigned, a
Notary Public for the State of Montana, personally appeared 'bahC--1 VY ar-fed►/ O me
to be the person that executed the within instrument,and acknowledged to me that he executed the
same on behalf of of Westbrook Development, LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
(SEAL)
m ASHLEY M KOENIG (printed Nameere)
Notary Public
r . �I:- state of Montana Notary Public for the Sta
siding at Residing at
° D _,rade, Montana
i✓iy Commission Expires: My Commissio xpires:
August 15,2017 (Use 4 di V14or expiration year)
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