HomeMy WebLinkAbout17- Waiver of Right to Protest (Creation of Special Improvement Districts) - Boulder Creek Subdivision, Phase 2 J-622
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City of Bozeman
City Clark
PO Box 1230 EKt
Bozeman, MT 9 7 -1
2609509 $ Fee $1 00
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WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR: Rosa Johnson Development, LLC formerly known as Four Corners Construction, LLC
I, the undersigned Owner of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows: Lot 3A, Minor Subdivision No. 201A,
located in the South Half of Section 4, T. 2 S., R. 5 E. of P.M.M., City of Bozeman, Gallatin
County, Montana.
IN CONSIDERATION of receiving final plan approval from the City of Bozeman for the
Boulder Creek Subdivision, Phase 2, along with accompanying rights and privileges and for
other valuable consideration, the receipt of which is hereby acknowledged, and in recognition of
the impacts to City transportation and infrastructure systems that will be generated by the
development of the above-described property, do hereby for ourselves, our heirs, personal
representatives, successors and assigns, waive the right to protest the creation of one or more
special improvement districts (SID's) for the following:
a. Street improvements to Durston Road including paving, curb/gutter, sidewalk, and
storm drainage (unless currently filed with the property).
b. Street improvements to Cottonwood Road including paving, curb/gutter, sidewalk,
and storm drainage (unless currently filed with the property).
c. Street improvements to Laurel Parkway including paving, curb/gutter, sidewalk, and
storm drainage (unless currently filed with the property).
d. Street improvements to West Oak Street including paving, curb/gutter, sidewalk, and
storm drainage (unless currently filed with the property).
e. Signalization of the intersection of Laurel Parkway and Durston Road.
f. Signalization of the intersection of Cottonwood Road and Durston Road.
Or to make any written protest against the proposed work or against the extent or creation of the
districts (SID's) 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 Property Owners Association, provided however this waiver shall apply to the
lands herein described.
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 j 4/Iu��
PROPERTY OWNER:
Rosa Johnson Developm n-t;L C, a Montana limited liability company
By: S I By:
Printed Name: %DIn/1 01 / Printed Name: T 76711 o
Its: Mts"/tff— Its:
STATE OF MONTANA
COUNTY OF GALLATIN
This instrument was signed or acknowledged before me this _ day of
201F, by John Rosa, Manager and Scott V. Johnson, as Manager, of Rosa Johnson Development,
LLC., a Montana limited liability company.
FSEAL.'
SHEILA TINJUM
Notary PublicNotary Public for e State of Montana for the state of Montana
Printed Name: L I,te, Iig I v� * Residing at:
, Bozeman, Montana
Residingat: My Commission Expires:
My Commission Expires: cic- / s /20 August os,zois
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written.
(SEAL)
Notary Public for the State of Montana
Printed Name:
Residing at
My Commission Expires: