HomeMy WebLinkAbout18- Waiver of Right to Protest (Special Improvement Districts) - Islands, LLC - West Winds Major Subdivision, Phase 5 PLATTED
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Charlotte Mills - Gallatin County, MT MISC
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WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
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 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 Davis Lane including paving, curb/gutter, sidewalk, and
storm drainage (unless currently filed with the property).
b. Street improvements to Oak Street including paving, curb/gutter, sidewalk, and storm
drainage (unless currently filed with the property).
c. Intersection Improvements to Davis Lane and Oak Street.
d. Intersection Improvements to Baxter Lane and Davis Lane.
e. Intersection Improvements to N. 27th Avenue and Oak Street.
f. Intersection Improvements to Oak Street and Ferguson Avenue.
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 � , 201 F
PROPERTY OWNER:
ISLANDS, LLC., a Montana limited liability company
'00/144z;4k
By: Mar Easton, Member
STATE OF MONTANA
COUNTY OF GALLATIN ,,{{/�
This instrument was signed or acknowledged before me this day of 1Y0VC#1 dL✓" ,
2018, by W. Mark Easton as Member of ISLANDS, LLC, a Montana limited liability company.
Notary Public for the ate of Mont an � T;n%;�;. SHEILA TINJUM
g Notary Public
Printed Name: - :Noy^aig4 --for the State of Montana
Residing at:
Residing at: ;9.SF:A1 .��` Bozeman, Montana
My Commission Expires: / /20 pF'M0&1 P' My Commission Expires:
August 03,2019
G:\C&1IR18\180229\P1at-Final\Working Files\Waiver Of SIDS.Doc