HomeMy WebLinkAbout17- Waiver of Right to Protest (Park Maintenance District) - Yellowstone Theological Institute Minor Subdivision Inter-office Original to:
City of Bozeman
Department of Community Development
P.O. Boxlz3o 25824fi8
Bozeman, MT 59771
r Page: 1 of 2 06/13/2017 08:23:23 AM Fee. $14.00
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WAIVER OF RIGHT TO PROTEST
CREATION OF PARK MAINTENANCE DISTRICT
YELLOWSTONE THEOLOGICAL INSTITUTE MINOR SUBDIVISION
The undersigned owner of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
A tract of land being the S W 1/4NW 1/4 and the NW 1/4S W 1/4 of Section 24,
Excepting therefrom that portion conveyed to the State of Montana in Bargain and
Sale Deed recorded June 30, 1964 in Book 146 of Deeds, Page 24, Records of
Gallatin County, located in the NWl/4 and SWI/4 of Section 24, Township 2 South,
Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, being more fully
described as follows:
Beginning at the NW 1/16 corner of said Section 24, thence along the West line of
C.O.S. 252 S 01007'36" W a distance of 1322.36 feet to the C-W 1/16 corner of said
Section 24, said point also being the Northwest corner of C.O.S. 792; thence along
the West line of C.O.S. 792 and the West line of the Plat of Alder Creek Subdivision,
Phase 5, respectively, S 00°59'23" W a distance of 1329.61 feet to the SW 1/16
corner of said Section 24; thence along the North line of the S W 1/4S W 1/4 of said
Section 24 N 89°44'49" W a distance of 1300.07 feet to a point on the East right-of-
way line of South 19th Avenue; thence along said right-of-way line the two (2)
following courses; 1) N 00°02'55" E a distance of 152.86 feet; 2) N 00035'25" E a
distance of 2508.45 feet to a point on the South line of Lot 3, South University
District Phase I; thence along the South line of said Lot 3 S 89°20'00" E a distance of
1323.14 feet to the Point of Beginning. Said tract containing in area 79.983 Acres,
along with and subject to any easements.
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
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 a city-wide park maintenance district which will provide a mechanism for the fair and
equitable assessment of maintenance cost for city parks; or to make written protest against the
size or area or creation of the district to be assessed in response to a duly passed resolution of
intent 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.
DATED this.'.t.-C day of , 2017.
LANDOWNER
Karen Gilhousen, Trustee
Gilhousen Community Property Trust
STATE OF MONTANA )
)ss.
County of Gallatin )
On this Y day of 4 PR I L , 2017, before me, the undersigned, a
Notary Public for the State of Montana,personally appeared Karen Gilhousen,known to me
to be a Trustee of Gilhousen Community Property Trust the entity that executed the within
instrument, and acknowledged to me that he executed the same for and on behalf of said
corporation.
IN WITNESS WHEREOF, I have hereunto set m hand and affixed my Notarial Seal
the day and year first above written.
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(Printed Name Here)
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