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HomeMy WebLinkAbout20- Waiver of Right to Protest (Special Improvement Districts) - The Nest PUD , i� n h- 2692496 Ir Page: O . Semerad - Gallatin20 B PM Fee: y, MTMI 00 SC Er U /� / I IIIIIII IIIIII III IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIII IIIIIII III IIIII IIIII IIIII IIII IIII I1'l_GZ / PLATTED WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR: The Nest PUD Subdivision at Westbrook We, the undersigned Owners of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Lot R1,Block 5,Westbrook Subdivision,Phase 4 located in the Southeast Quarter of Section 4, 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 Nest PUD Subdivision at Westbrook,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 Durston Road including paving, curb/gutter, sidewalk, and storm drainage. 2. Street improvements to Annie Street including paving, curb/gutter, sidewalk, and storm drainage. 3. Street improvements to North Laurel Parkway including paving,curb/gutter, sidewalk,and storm drainage. 4. Street improvements to North Cottonwood Road including paving, curb/gutter, sidewalk, and storm drainage. 5. Intersection improvements to Annie Street and N Cottonwood Road. 6. Intersection improvements to W Oak Street and N Laurel Parkway. Or to make any written protest against the proposed work or against the extent or creation of the 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. +111)_ .— - DATED this day of J�- , 2020 PROPERTY OWNER: Center Arrow Partners,LLC A I 1" 0 9 #j, Its: MaQIJG'. �lGr��GI' STATE OF MONTANA ) :SS COUNTY OF GALLATIN ) On this day of , 202 before me,the undersigned, a Notary Public for the State of Montana, personally appeared ''. , known to me to be �l a�n A:tits wI c 1N.(n z� of Center Arrow Partners, LLC, a Montana Limited Liability Company,'and acknowledged to me that they executed the same for and on behalf of said limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. t _ (SEAL) Notary Public for the State of Montana �NNA;Thy. ,,,4 SHEILA TINJUM Notary Public �orARl��. :for the State of Montana Printed Name: * Residing at: SEAL Residing at •, z,r, Bozeman, Montana My Commission Expires: �`9oF r ,P My Commission Expires: August 03,2023 G:\C&H\18\180805\180805.1 [Revised Layoutl\Easements And Waivers\180805 Waiver Of S IDS.Docx