HomeMy WebLinkAbout17- Waiver of Right to Protest (Special Improvement Districts) - Opportunity Subdivision Inter-office Orieinal to:
City of Bozeman
Department of Community Development ?609337P.O.Box 1230Bozeman,MT 59771 e: 1 or 3 03/2712018 09:19:32 AM Fee: $21.00
Charlotte mills - Gallatin county MT
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PLATTED
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR OPPORTUNITY 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 as shown on Certificate of Survey No. 331, excepting therefrom
that portion conveyed to the State of Montana for the benefit and use of its
Department of Transportation by Bargain and Sale Deed recorded in Film 140,
Page 2686 located in the Southeast '/4 of Section 35, Township 1 South, Range 5
East, Principal Meridian Montana (P.M.M.), City of Bozeman, Gallatin County,
Montana,being fully bounded and described as follows:
Beginning at the Southwest corner of the herein described tract; thence
N00°27'11"E a distance of 940.34' to a point on the South line of Block 1 of
Final Plat of Phase 1 of the Gallatin Center Subdivision PUD Phase 4; thence
along said South line S89°32'30"E a distance of 941.41' to a point on the West
right-of-way line of North 19th Avenue; thence along said right of way
S00°24'50"W a distance of 940.68'; thence N89°31'l6"W a distance of 942.05'
to the point of beginning.
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, in recognition of the impacts that
will be generated by the development of the above-described property at Opportunity
Subdivision,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;
a. Street improvements to Cattail Street including paving, curb/gutter, sidewalk, and
storm drainage.
b. Street improvements to Thomas Drive/N. 27th Avenue including paving,
curb/gutter, sidewalk, and storm drainage.
C. Street improvements to Baxter Lane including paving, curb/gutter, sidewalk, and
storm drainage.
d. Intersection improvements to the intersection of N. 19th Avenue and Baxter Lane.
e. Intersection improvements to the intersection of N. 19th Avenue and Cattail Street.
f. Intersection improvements to the intersection of N. 19th Avenue and Valley
Center Road.
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.
DATED this ' `-,+day of , 2017.
LANDOWN
BY:, �/ _ ,�L�So ✓
Bozeman 6 LLC
STATE OF MONTANA )
'3; "y ', 6QlL )SS.
County of Gal-latirr )
On this day of 1 , 2017, before me,the undersigned, a Notary
Public for the State of Montana,personally appeared known to me to be
(. S-t-ttt�-}ivtti
a of Bozeman 6 LLC the entity that executed the within instrument, and
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acknowledged to me that he executed the same for and on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
(SEAL)
(Printed Name Here) iI (f 01 (Ck
a so MONICA A BOEHMER Notary Public for the State of ontana
of Fyn NOTARY PUBLIC for the Residing At: , id� „ ,� -�,� I
Z ? Fp state of Montana My Commission Expires: 7 J J 2
SEAR Residing at Butte,Montana (Use 4 digits for expiration year)
My Commission Expires
OF February 17,2022