HomeMy WebLinkAbout20- Waiver of Right to Protest (Special Improvement Districts) - The Lakes at Valley West Phase 6 When recorded, return to:
City of Bozeman — City Clerk PLA77�D
PO Box 1230
Bozeman, MT 59771-1230
2689306
Page: 1 of 2 07/15/2020 03:14:50 PM Fee: $14.00
Eric Semerad - Gallatin County MT MISC
11111111111111 I 1111111111111111111111111111111111111111111111111 I 11111111111111111111
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR THE LAKES AT VALLEY WEST PHASE 6
We,the undersigned Owners of the real property situated in the County of Gallatin, State
of Montana, and more particularly described as follows: Lot Rl, The Lakes at Valley West,
Phase 1 and Phase 2.
IN CONSIDERATION of receiving final plat approval 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 traffic and storm drainage that will be
generated by the development of the above-described property, 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 Durston Road including paving, curb/gutter, sidewalk,
and storm drainage
b. Street improvements to Laurel Parkway including paving, curb/gutter, sidewalk,
and storm drainage
c. Intersection improvements to Durston Road and Laurel Parkway
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 �,S' day of -X , 202o
.
KS DevCor, Inc.
J in s M. Kilday,Presiders
STATE OF MONTANA )
:ss )
County of Gallatin )
On this rs day of S , 20 zu , before me, a Notary Public for the State of
Montana, personally appeared James M. Kilday known to me to be the President of KS DevCor, Inc.,
the corporation that executed the foregoing Waiver of Right to Protest, and acknowledged to me that
he/she executed the same for and on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and set my seal the day and year first
above written.
(SEAL)
Notary Public for the State of Montana
CYNTHIA M EDGMOND
n :'��' PM Notary Public
�U•�oTAR/q4�_for the state of Montana
(Printe Name) _* SEAL. *
Bozeman,
at:
Montana
Residing at &7-ewian /Mort _ AoFMo�P My Commission Expires:
My Commission expires: is /_�/20 Zr� '01 10 December 08,2020