HomeMy WebLinkAbout20- Waiver of Right to Protest (Special Improvement Districts) - Lot 1 and 6, Block 1, Kagy Crossroads Subdivision RETURN RECORDED DOCUMENT TO:
Bozeman City Clerk
PO Box 1231
Bozeman,MT 59771-1231
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR: 1753 S. 22nd Avenue, Lot 1 and 6, Block 1, Kagy Crossroads Subdivision
1, the undersigned Owner of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
Lot 1 and Lot 6, Block 1, Correction Plat of Kagy Crossroads Subdivision [Plat X
328A], City of Bozeman, according to the plat thereof, on file and of record in the
office of the Clerk and Recorder, Gallatin County, Montana, and located in the
Southeast Quarter of Section 14, Township 2 South, Range 5 East of P.M.M., City of
Bozeman, Gallatin County,Montana.
IN CONSIDERATION of receiving site plan approval from the City of Bozeman for the Annex
of Bozeman Site Plan, 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:
1. Street improvements to West Kagy Boulevard including paving, curb/gutter, sidewalk,
and storm drainage
2. Street improvements to South 19th Avenue including paving, curb/gutter, sidewalk, and
storm drainage
3. Street improvements to South 271h Avenue including paving, curb/gutter, sidewalk and
storm drainage
4. Intersection improvements to West Kagy Boulevard and South 19th Avenue
5. Intersection improvements to West Kagy Boulevard and South 27th Avenue
Or to make any written protest against the proposed work or against the extent or creation of the
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Eric Semerad - Gallatin County, MT MISC
111111 IN 11111111111111111111111111111111111111111111111111111111111 IN
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 limited liability company, 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 19 day of , 2010
PROPERTY OWNER:
Annex of Bozeman, LLC, an Indiana Limited Liability Company
By: The Annex Group, LLC, an Indiana Limited Liability Company, its Manager
By: Kyle D. Bach, CEO
STATE OF INDIANA )
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County of / Ip,;pn )
This instrument was signed or acknowledged before me on this 9 day of
20_O, by Kyle D. Bach as CEO of The Annex Group, LLC, an Indiana Limited Liability
Company, Manager of Annex of Bozeman, LLC, an Indiana Limited Liability Company.
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GAC&M 1 9\1 90360\Site Plan-Final\SIDS\Waiver Of SIDS.Doc