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HomeMy WebLinkAbout19- Waiver of Right to Protest (Special Improvement Districts) - Lots 11A and 12A in Block B of Black's Addition and Guy's Addition C-14H PReturn to: PLATE ] 2661200 Page: 1 of 3 10/15/2019 09:35:41 AM Fee: $21.00 106 E Babcock, LLC Eric Semerad - Gallatin County, MT MISC 5073 Patterson Road 11111111111111111����1111111111111 IN 1111111111111111111111111 III 11111111 Bozeman, MT 59718 WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR: Lots 11A and 12A in Block B of Black's Addition and Guy's Addition We, the undersigned Owners of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Lots 11A and 12A of the Amended Plat of the North 12.5 Feet of Lot 5 in Block B and the North 151.5 Feet of Block B of Black's Addition to the Citv of Bozeman and Fractional Lot 3 of Guy's Addition to the City of Bozeman located in the SW1/4 of Section 7,Township 2 South, Range 6 East, P.M.M. City of Bozeman, Gallatin County, Montana. (Plat ) IN CONSIDERATION of receiving subdivision exemption approval from the City of Bozeman for the 106 E Babcock project(Application No. 19187), along with accompanying rights and privileges and for other valuable consideration, the receipt of which is hereby acknowledged, 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: 1. Street improvements to East Babcock Street including paving, curb/gutter sidewalk, and storm drainage 2. Street improvements to West Babcock Street including paving, curb/gutter sidewalk, and storm drainage 3. Street improvements to South Black Avenue including paving, curb/gutter sidewalk, and storm drainage 4. Street improvements to South Bozeman Avenue including paving, curb/gutter sidewalk, and storm drainage 5. Intersection improvements to the East Babcock Street and South Rouse Avenue 106 E Babcock Page 1 of 3 18013 6. Intersection improvements to the East Babcock Street and South Wallace Avenue 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 corporation, 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 SE rlQkV1 l� , 20 . PROPERTY OWNER 106 E Babcock LLC, a Florida Limited Liability Company Name: Title: State of ) ,�((,, )ss. County of 6c ) On this i'day of - 20_ before rpe, the undersigned, a Notary Public in and for the said State, person Ily appeared the of 106E Babcock LLC, Florida Limited Liability Company, known to me to be the identical individual who executed the foregoing instrument, who acknowledged to me that the individual executed the same as the free and voluntary act of said property owner, with full authority to do so and with full knowledge of its contents, for the uses and purposes therein mentioned. 106 E Babcock Page 2 of 3 18013 IN WITNESS WHEREOF, I have hereunto set my h nd and affixed my official seal this day and year above written. V� c Notarry_Signatur ne EoF =, n DES JARDINSPublicNotary Printed Name a of Montanallotary Public for theState ofsiding at:an, Mo mission Expir s: Residing atst o1,2021 My Commission Expires: / ® t /2 �- 106 E Babcock Page 3 of 3 18013