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HomeMy WebLinkAboutAppendix H parks maintenance district waiver- DraftCottonwood and Ida PUD Parks Maintenance District Waiver 1 Inter-office Original to: City of Bozeman City Clerk PO Box 1230 Bozeman MT 549771-1230 WAIVER OF RIGHT-TO-PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICT FOR A CITY-WIDE SPECIAL DISTRICT FOR PARKS, TRAILS OR OPEN SPACE COTTONWOOD AND IDA PUD 18516 The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Lots 5-16, Block 106 including a vacated alley and Lots 17-28, Block 105 including a vacated alley in the Northern Pacific Addition to Bozeman located in S06, T02 S, R06 E, P.M.M., Gallatin County, Montana. IN CONSIDERATION of receiving approval for a planned unit development on 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, and in recognition of the impact to City parks, trails, and open space which will be caused by the development of the above-described property, the Landowner has waived and does hereby waive for itself, its successors and assigns forever the right to protest the creation of one or more special districts to fund capital improvements, operations, and maintenance of any parks, trails, or open spaces within the annexed area and/or of a City-wide special district to fund capital improvements, operations, and maintenance of parks, trails, and open spaces throughout the City, which would provide a mechanism for the fair and equitable assessment of costs for City parks, trails, and open spaces, or to make any written protest against the size or area or creation of the district be assessed in response to a duly passed resolution of intention to create one or Cottonwood and Ida PUD Parks Maintenance District Waiver 2 more special districts for the above described purposes and which would include the above-described property. This waiver is made for the benefit of the property described above and shall be a covenant running with the land. 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 _____ day of __________________, 2019. PROPERTY OWNER _______________________________________ Signature ____________________________________ Printed Name _____________________________________ Title STATE OF MONTANA :ss County of ___________________) On this ____ day of _________, 2019, before me, the undersigned, a Notary Public for the State of Montana, personally appeared________________________________, known to me to be the _____________________________of___________________________________,the property owner that executed the within instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. Cottonwood and Ida PUD Parks Maintenance District Waiver 3 ________________________________________ ________________________________________ (SEAL) (Printed name) Notary Public for the State of Montana Residing at _______________________________ My Commission Expires:____________________ (Use four digits for expiration year)