HomeMy WebLinkAboutWaiver of Right to Protest SID - Recorded 05-19-20 2682118
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Inter-office Originalto:. Erlctt 5emerad - Gallatin County, ``iMIT MIsC
City of Bozeman
Department of Comnimiity Development
P.O.Box 1230
Bozeman,MT 59771
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAI, IMPROVEMENT DISTRICTS
FOR NEXUS POINT
The undersigned owner of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
Lot 1 Minor Sub 235, situated in the Northeast '/4 of Section 23, Township 2 South, Range 5
East, P.M.M. City of Bozeman, Gallatin County Montana.
The above described tract of land is to be known and designated as Nexus Point, City of
Bozeman, Gallatin County, Montana; and the lands included in all streets, avenues, alleys and
parks or public squares shown on said plat are hereby granted and donated to the City of
Bozeman for the public use and enjoyment. Unless specifically listed herein,the lands included
in all streets, avenues, alleys, and parks or public squares dedicated to the public are accepted for
public use, but the City accepts no responsibility for maintaining the same. The owners agree
that the City has no obligation to maintain the lands included in all streets, avenues, alleys and
parks or public squared hereby dedicated to public use. The lands included in all streets,
avenues, alleys and parks or public squares dedicated to the public for which the city accepts
responsibility for maintenance.
IN CONSIDERATION of receiving approval for MASTER SITE PLAN AND SITE
PLAN of the subject property from the City of Bozeman, along with accompanying rights and
privileges and for other and valuable consideration, the receipt of which is hereby acknowledged,
in recognition of the impacts that will be generated by the development of the above-described
property at Nexus Point, have waived and do hereby for ourselves, our heirs, personal
representatives, successors and assigns, the right to protest the creation of one or more special
improvement districts for the construction of:
a. Street improvements to Stucky Road including paving, curb/gutter, sidewalk, and
storm drainage
b. Street improvements to Graf Street including paving, curb/gutter, sidewalk, and
storm drainage
C. Intersection improvements to Stucky Road and South 191h Avenue
Nexus Point
Waiver of Right to Protest Creation of SID
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2682118 Page 2 of 3 05/19/2020 02:42.55 PM
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 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 day of 20ZQ.
Nexus Point
Waiver of Right to Protest Creation of SID
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LANDO NE
BY: Stephen F. Moore
Nexus Point LLC
TITLE: Manager
STATE OF MONTANA )
)ss.
County of Gallatin )
On this_ day of 1 4- 14—( , 20 2 n before me, the undersigned, a Notary
Public for the State of Montana, personally appeared Stephen F. Moore, known to me to be the
Manager of Nexus Points LLC the entity that executed the within instrument, and acknowledged
to me that he executed the same for and on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
I
CHRIS BUDESKI (Chris Sudeski) —�
"r�P�g eUDFs'; Notary Public
Q.*ptARlq' = > state of Montana
' Notary Public for the State of Montana
N _._ S =testdln9 at. Residing At: Bozeman Gallatin County, MT
*• *= Bozeman,Montana
ON. SEAL.2�_; My Commission Expires: November 23, 2023
�c.e My commission Ewlres. (Use 4 digits for expiration year)26,
Nexus Point
Waiver of Right to Protest Creation of SID
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