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HomeMy WebLinkAbout18- Waiver of Right to Protest (Park Maintenance District) - Islands, LLC - West Winds Major Subdivision, Phase 5 9§� g J-640 2634919 page: 1 CharrlottefMills �2GallaO18 tinn County42MTM Fee: $14.00 MIsc IIIIIII(IIII II'IIII IIIIIII I�II�I III III IIII(IIII�I'II(III'II('I II�I�(IIII III I'�I WAIVER OF RIGHT TO PROTEST CREATION OF PARK MAINTENANCE DISTRICT FOR: ISLANDS, LLC. I, the undersigned Owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Lots 2, 3, and 4 of the AMENDED PLAT OF LOT 1 AND LOT 2 OF BLOCK 1 AND LOT 1 OF BLOCK 4 OF WEST WINDS MAJOR SUBDIVISION PHASE 4 AND LOT 1 OF BLOCK 3 AND LOT 1 OF BLOCK 4 OF WEST WINDS MAJOR SUBDIVISION PHASE 5, [Plat J-493A], located in the Northwest one-quarter of Section 2, 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 West Winds SW Subdivision P.U.D., along with accompanying rights, do hereby for ourselves, our heirs, personal representatives, successors and assigns, waive the right to protest the creation of a park maintenance district for: The West Winds Community Park Or to make any written protest against the proposed work or against the extent or creation of the district to be assessed in response to a duly passed resolution of intention to create the maintenance district which would include the above-described properly. In the event a maintenance district 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 Avg , 201 PROPERTY OWNER: ISLANDS, LLC., a Montana limited liability company By: W. MaKEaston, Member STATE OF MONTANA COUNTY OF GALLATIN This instrument was signed or acknowledged before me this -/6L day of /10✓eA,ie/ , 2018, by W. Mark Easton as Member of ISLANDS, LLC, a Montana limited liability company. Notary Public for the to of Montana T,'' SHEILA TINJUM Printed Name: Notary Public aoTARi,44% -for the State of Montana Residing at: *: -- _ My Commission Expires: /20 Residing at: SEAL. Q*- Bozeman, Montana 9 P? My Commission Expires: August 03,2019 \\MADISON\Officedata\C&H\18\180229\Plat-FinahWorking Files\Waiver Of Park Maintenance.Doe