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HomeMy WebLinkAbout20- Waiver of Right to Protest (Special Improvement Districts) - Gran Cielo Subdivision Inter-office Original to: City of Bozeman Department of Community Development P.O.Boa 1230 Bozeman,MT 59771 2681865 Page- 1 of 3 Eric Semerad - GallaetinOCoun©y20 02MT3 AM Fee:M$21 ©C ISC 1111111111111 III 1111111111111111111111111 H 11 11111111111111111111 III 1111111111111111111 WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL tWROVEMENT DISTRICTS FOR GRAN CIELO SUBDIVISION The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Portions of Tract 1, 3 & 4 of Certificate of Survey No. 2725, on record with the Gallatin County Clerk and Recorder located in the Northwest One-Quarter of Section 23, Township 2 South, Range 5 East, Principal Meridian Montana(P.M.M), Gallatin County, Montana The above described tract of land is to be known and designated as Gran Cielo Subdivision, 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 subdivision 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 Gran Cielo Subdivision, 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: 1 a) Street improvements to W. Graf Street including paving, curb/gutter, sidewalk, and storm drainage b) Street improvements to S. 27th Avenue including paving, curb/gutter, sidewalk, and storm drainage c) Street improvements to Stucky Road including paving, curb/gutter, sidewalk, and storm drainage d) Street improvements to Fowler Lane including paving, curb/gutter sidewalk, and storm drainage e) Street improvements to S. 19th Avenue including paving, curb/gutter, sidewalk, and storm drainage f) Intersection improvements to Graf Street and 27t<'Avenue g) Intersection improvements to 27th Avenue and Stucky Road h) Intersection improvements to Stucky Road and S. 19th Avenue i) Intersection improvements to Graf Street and S. 19th Avenue j) Intersection improvements to Stucky Road and Fowler Lane k) Intersection improvements to Graf Street and Fowler Lane 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 22 day of 20?6. 2 LANDOWNER B gory J. Allen Bozeman Haus LLC President, Cadius Partners Limited, Sole Member CP Manage LLC, Manager STATE OF MONTANA ) )ss. County of Gallatin ) On this day of kp-tc. 20 Zo before me, the undersigned a Notary Public for the State of Montana, personally appearedGOA6,*q 0-1 Akt c-+) , known to me to be a Manager of Bozeman Haus 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. SEAL s°eUp ., CHRIS BUDESKI t F.••' •Fs'' Notary Public o V • Chris Budeski . "TAAiq4. _for the State of Montana Residing at: Notary Public for the State of Montana * SEAL Q= Bozeman, Montana ON% � Residing At: '9 °FM°�P`\ M November Expires: ovve ber 26, My Commission Expires: (Use 4 digits for expiration year) 3