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HomeMy WebLinkAbout18- Waiver of Right to Protest (Special Improvement Districts) - Bozeman Health - 915 Highland Boulevard WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR Bozeman Health We, the undersigned Owners of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: A tract of land located in the Northeast 1/4 of Section 17, Township 2 South, Range 6 East, P.M.M. Certificate of Survey No 2047 Tract 2 plus vacated street and less Plat J-483, City of Bozeman Montana containing 32.561 acres IN CONSIDERATION of receiving Site Plan Approval 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 Traffic Impacts that will be generated by the development of the above-described property at 915 Highland Boulevard, 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 Street improvements to Highland Boulevard including paving, curb/gutter, sidewalk and storm drainage; street improvements to Ellis Street including paving, curb/gutter, sidewalk, and storm drainage; intersection improvements to Highland Boulevard and Ellis Street, intersection improvements to Highland Boulevard and East Main Street; and intersection improvements to Highland Boulevard and East Kagy Boulevard, 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. PLATTED 2626516 Page: 1 of 2 09/13/2018 03:34:03 PM Fee: $14.00 Charlotte Mills - Gallatin County, MT MISC I��II�)I'�I III IIII I�III�II�I�LIII III I II�IIII�II�II I�II�II III IIIII��I III DATED this y of , 20a� �. 0 /&J,-) By - Title STATE OF MONTANA ) :ss ) County of Gallatin ) On this�day of Slk EtMY -' , 20 , before me, a Notary Public for the State of Montana, personally appeared 'L.-kim iE�- known to me to be the ��aowmr i��y-r of 'Sapp Ckn QQL4� , the corporation that executed the foregoing Waiver of Right to Protest, and acknowledged to me that he/she executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have my nd y seal the day and year first above written. �\\nl,,, CHERYL HELM L yF/ NOTARY PUBLIC for the State of Montana NOTARIAL -* SEAL Residing at - re Bozeman, Montana (SE L) '',FOFMo�`.� My Commission Expires '/1 110 February 11, 2021 Notary Public or the State of Montana (Printed Namkl3zi-rroj-� Residing at My Commission expires: C92/ (1 /209-1