HomeMy WebLinkAbout02- Wavier of Right to Protest
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Shill lilY Vanoll-Gallatin Co MT MIse 6.00
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
2517 WEST COLLEGE STREET
The undersigned owners of the real property situated in the City of Bozeman, County of
(J.allatin, State of Montana, and more particularly described as follows:
Tract 5 and Parcel 3, Triangle Area Annexation, City of Bozeman, Montana, said
tract being 3.21 acres along with and subject to any existing easements.
IN CONSIDERATION of receiving approval for the construction of a 44-unit affordable
housing apartment complex on the subject property in the City of BOZenli.U1, along with
accompanying rights and privileges and for other and valuable consideration, the receipt oCwhich is
hereby acknowledged. and in recognition of the impacts on traffic that will be a result of the
development of the above-described property, the owners have waived and do hereby waive for
themselves, their successors and assigns, the right to protest the creation of one or more special
improvement districts for street improvements to College Street including paving, curb/gutter,
sidewalk, and storm drainage, or to make any written protest against the size or area or creation of
the district to be assessed in response to a duly passed resolution of intention to create one or more
special improvement districts whieh would include the above-described property.
Tn the event Special Improvement Districts are not utilized for the completion ofthese projects,
we agree to participate in an altemate financing method for completion of said improvements on a
1~1ir share, proportionate basis as determined by square footage ofthe property, linear front footage of
the property, taxable valuation, traffic contribution of the property, or a combination thereof.
This waiver shall be a covenant nmning with the land and shall not expire with our death or the
dissolution orthe company.
The temls, covenants and provisions orthe Waiver shall extend to, and be binding upon the
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By: William Dabney, 0
The Dabney Company
STATE OF MONTANA )
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County of Gallatin )
On this I r & day of a~ ,2002, before me, the undersigned, a
Notary Public for the State of Montana, personally appeared William C. Dabney, known to me to be
the Owner of The Dabney Company, the company that executed the within instrument, and
acknowledged to me that he executed the same for and on behalf of said company.
IN WITNESS WHEREOr, 1 have hereunto set my hand and affixed my Notarial Seal the day
and ,w, .~l~\\\\~I~~t,I.il.i'!10iV& written.
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