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HomeMy WebLinkAbout18- Waiver of Right to Protest (Special Improvement Districts) - Lots 1-16, Block 5 Beall's Third Addition PLATTED ��; Inter-office Original to. City of Bozeman Department of Community Development 2631410 6 31 d 1 0 P.O.Box 1230 page: 1 of 3 iiil09/2018 08:54:32 AM Fee: $2Mi000 Bozeman, MT 59771 Charlotte Mills - Gallatin County, Mr i 11111111$111 III 11111111111111111 IN IIII Ill 11111 III1I 1111111 III 11111 III1I 111111111 IN WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: LOTS 1-16,BLOCK 5 BEALL'S THIRD ADDITION A TRACT OF LAND SITUATED IN THE NORTHWEST 1/4 OF SECTION 7 T.2.S.,R.6.E., P.M.M. CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA IN CONSIDERATION of receiving approval for Site Plan 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 one or more special improvement districts for; a. Street improvements to West Short Street including paving, curb/gutter, sidewalk, and storm drainage b. Street improvements to North Willson Avenue including paving, curb/gutter, sidewalk, and storm drainage c. Street improvements to North Grand Avenue including paving, curb/gutter, sidewalk, and storm drainage d. Street improvements to North Tracy Avenue including paving, curb/gutter, sidewalk, and storm drainage e. Intersection improvements to Durston Road and North 7th Avenue f. Intersection improvements to Peach Street and North 7th Avenue 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 day of Au k,5 t , 2018. LANDOWNER WH Willson 16, LLC a California limited liability company By: Williams Communities LLC a California limited liability company its Manager a By: Lance K. Williams its Manager STATE OF ) ) ss. County of ) a On this day of 20 , before me, personally appeared, , known to me to be the of 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 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. Notary Public for the State of (SEAL) Residing My Commission Expires CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness,accuracy, or validity of that document. State of California ) County of "5 ��./ ) On [ ', before me, VJN r u ( L, Datel \ 1ere Insert Name and Title of the Officer dL`�personally appeared 1G` I 1 I Name(s) of Signer(s) - J , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, execut Ins rum __ I certify nder PENALTY OF PERJURY-under the laws of the tate of California that the foregoing'p ragraph is true and correct. 14E.�f tb KELLY BROWN WI my han _ official seal. Notary Public-California W Los Angeles County Commission#2247264 Slgnatur — Y My Comm.Expires Jul 20,2022 mplqww� Sign tune o;FLVot�ary blic Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can'deter alteration of the docu ent or fraudulent reattachment of this form to an unintended document_. Description of Attached Document nn �o'JYYS l Title or Type of Document: W PI'Iy�� �� lv(h4f TD Document Date: 14 a Number of Pages: c�-- Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907