HomeMy WebLinkAbout20- Waiver of Right to Protest (Special Improvement Districts) - Lots 1, 2, & 7, Block 21, Cattail Creek Subdivision Phase 3 (Palisade Condominiums) Inter-office Original to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman MT 549771-1230 PLATTED �!
2695103
Ericsemerad - Gallatin county, MT
Pape: 1 of 3 08/14/2020 11:01:09 RM Fee: $21.00
"VII IIIII!III IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIII IIIIIII III II III IIIII IIII IIII M I SC
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL DISTRICT OR SPECIAL IlUROVEMENT DISTRICTS
PALISADE CONDOMINIUMS - 20117
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
Lots 1, 2 & 7 Block 21 Cattail Creek Sub Phase 3, 535, TO S, R05E
IN CONSIDERATION of receiving approval for Site Plan 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, and in recognition of the impacts to:
a. Catamount Street - Street improvements including paving, curb/gutter, sidewalk, and
storm drainage
b. N 27th Avenue from Cattail Street to E Valley Center Rd- Street improvements including
paving, curb/gutter, sidewalk, and storm drainage
C. Davis Lane Cattail Street to Catamount Street - Street improvements including paving,
curb/gutter, sidewalk, and storm drainage
d. Catamount Street and N. 27th Avenue -Intersection improvements
e. Catamount Street and Warbler Way -Intersection improvements
f. Catamount Street and E Valley Center Road -Intersection improvements
which will be caused by the development of the above-described property, the owner 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 or special improvement districts for the design and engineering, construction and
maintenance of following improvements: paving and subgrade material, utility conduit, curb/gutter,
sidewalk, storm drainage facilities, and traffic signals for:
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a. Catamount Street
b. N 27th Avenue from Cattail Street to E Valley Center Rd Street
C. Davis Lane Cattail Street to Catamount Street
d. Catamount Street and N. 27th Avenue
e. Catamount Street and Warbler Way
f. Catamount Street and E Valley Center Road
Landowner agrees the City has the sole right to control the design and construction of such
improvements and may include any of the above components and others necessary to ensure such
improvements comply with all adopted City infrastructure plans and requirements. Further, the
Landowner waives its right 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 more special
improvement districts which would include the above-described property.
In the event a special district or special improvement district 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 the City on the
basis of the square footage of property, taxable valuation of the property, traffic contribution from the
development or a combination thereof.
This waiver is made for the benefit of the property described herein 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.
-TL
DATED this 13 day of ft v,"S T— 2020.
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Landowner - Bozeman oulder LLC
By:
its: CJAe42—
STATE OF MONTANA )
COUNTY OF GALLATIN
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On this day of A u-G u ,r , 2020, before me, the undersigned, a Notary Public
for the State of Montana, personally appeared .r eFf p Nk"-`known to me to be
the landowner that executed the within instrument, and acknowledged to me that they executed the
same for and on behalf of landowner.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL) /1 �7
,-JJ l l"" CHRiS BUDESKI r
� Fs: Ncta.;Public (Printed Name Here)
TARlq'r for the St=te O`montana
Notary Public for the State of ��
.ISEAL eozarnen ,,,iontana Residing at (3--Ze -<u—
��mmissien Expires:
vernber2s, 2023 My Commission Expires: tWV.
(Use 4 digits for expiration year)
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