HomeMy WebLinkAbout06- Wavier of Right to Protest (6)
EXHIBIT A
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
MARTEL CONSTRUCTION
The undersigned owners of the real property situated m the County of Gallatm, State
of Montana, and more particularly described as follows:
1203 South Church Avenue and legally described as Tracts 3 and 26, Section
18 2S 6E, Bozeman Creek Annexation, City of Bozeman. Gallatin County,
Montana.
IN CONSIDERA TlON of receiV1l1g approval of a CondItional Use Pernut on the
subject property from the Clty of B07:eman, along with accompanymg nghts and pnvileges
and for other and valuable consideration, the receipt of wruch IS hereby acknowledged, and
m recogtlltion of the unpacts to South Church Avenue and Kagy Boulevard, wruch will
be caused by further development of the above-described property, the owner has walved
and do hereby walVe for itself, Its successors and assl!,ttlS, the nght to protest the creation of
one or more special unprovement rustncts including but not limited to the followmg
unprovements: Street improvements to South Church Avenue including paving,
curb/ gutter, sidewalk, approach aprons, and storm drainage; signalization of the
Kagy Blvd and South Church Ave/Sourdough Rd intersection; and extension of
municipal sewer and water services, or to make any wntten prokst agalnst the SlZe or
area or creation of the dlstnct be assessed 111 response to a duh passed resolution of
mtention to create one or more speCial Improvement dIstncts wruch would mclude the
above-described property
Further, m recof:,'1ution of the unpacts to the City's wastewater collection system,
wrllch will be caused by the development of the above-described property, the owner has
walVed and do hereby walVe for itself, lts successors and aSSigns, the nght to protest the
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Shelley Vanco-Gallatin Co MT MISC 33 00
creation of one or more special improvement districts including but !!2.t limited to the
following improvements: trunk sewer and water mam improvements to serve the
subject property, or to make any written protest against the sizc or area or creation of the
district be assessed in response to a duly passed resolution of intention to create onc 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 widl the land and shall not eJ-.1>irc with dle
dissolution of the limited partnership, provided however this waiver shall apply to the lands
herein described.
The terms, covenants and provisions of the Waiver shall extend to, and be binding
upon the successors-in-interest and assigns of the parties hereto.
DATED this r5i. cr day of sEP t:
, 2006.
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Shelley Vance-Gallatin Co MT MISC 33.00
LANDOWNER
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I ST ^ TE OF '1'J7~a..--)
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. County of ~ ss. _)
On this ~dav Of~ ' 2006, before mc, a Notary Pubhc for the State
, of Montana, personally ;ppeare Bill Martel, known to me to be the p~rson whose name is
subscribed to the within instrument and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affIxed my Notarial Seal the
day and year first aR.~~I~t.W)jJ'
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orary Public for the State
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My Commission xpires: Cluff ;J.'{;;uJO 7
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Shelley Vanoe~Gall.tin Co MT MISC 33.00