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HomeMy WebLinkAbout18- Waiver of Right to Protest (Special Improvement Districts) - Lot 3, Tract 7, Smith Subdivision Annexation Return to: Bozeman City Clerk PO Box 1230 Bozeman MT 59771 2603706 Page: 1 of 2 01/16/2018 10:00:31 RM Fee $14.00 EE� Charlotte Mills - Gallatin County, MT MISC IIIIIII IIIIII���IIII�������111111111111111111111111111111111111111111111111111111111111111111 IN WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR LOT 3, TRACT 7, SMITH SUBDIVISION ANNEXATION We, the undersigned Owners of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: LOT 3, REARRANGEMENT OF TRACT 7 SMITH SUB-DIVISION (G-27) A PORTION OF THE NORTH 1/2 NORTHWEST 1/4 SECTION 11, TOWNSHIP 2 SOUTH RANGE 5 EAST M P M IN CONSIDERATION of receiving Annexation 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 the impacts to Valley Drive, West Villard Street and Durston Road that will be generated by the development of the above-described property at 525 Valley Avenue, Bozeman, MT, 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 the following improvements: a. Street improvements to Valley Drive including Paving, curb/gutter, sidewalk and storm drainage; b. Street improvements to West Villard Street including_Pavin curb/gutter, sidewalk and storm drainage; c. Intersection improvements to Valley Drive and Durston Road; d. Intersection improvements to West Villard Street and Valley Drive; 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. Page 1 DATED this day of J 46+� ^-J( , 20 . �vc c.c„��� �Z�i�-�'/�1-7tcvys L t� v,,,�-,��,,�.� J s,.�1�-- � s�'�•-By Title STATE OF MONTANA ) ):ss County of Gallatin ) On this day of , 20-a-, before me the undersigned, a Notary Public for the State of Montana,personally appeared cad Pjsc..i , known to me to be . Managing Member of Bellwether Renovations LLC and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of Bellwether Renovations LLC . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. �StEo'��°Nti� KRISTEN JOHNSON NOTARY PUBLIC (S&I. for the State of Montana �J,;$EAL Residing at Belgrade,Montana ..••••••.... My Commission Expires °F MO October 11,2021 of y BubU "e State of Montana (Printed Name) Residing at a,.A My Commission e 'res -ou, / l,\ /20?mil Page 2