HomeMy WebLinkAbout20- Waiver of Right to Protest (Special Improvement Districts) - Lot 5B, Amended Plat of Lot 5, Annie Subdivision, Phase 2 Palisades Multi Family Inter-office Original_ to: 2sg6297
City of Bozeman
City Clerk Page: 1 of 2 08/21/2020 04:50:39 PM Fee: $14.00
PO BOX 1230 Eric Semerad - Gallatin County, MT MISC
Bozeman MT 549771-1230
LPL J J
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS
PALISADES MULTI FAMILY APPLICATION #18446
The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more
particularly described as follows:
Lot 5B, Amended Plat of Lot 5, Annie Subdivision, Phase 2 [Plat J-204-A], located in the NE 1/4 of Sec. 2, T. 2
S., R. 5 E. of P.M.M., City of Bozeman, Gallatin County, Montana
IN CONSIDERATION of receiving Site Plan approval 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 streets 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 street improvements: lighting, paving and subgrade material, fiber optic
conduit, curb/gutter, sidewalk, storm drainage facilities, and traffic signals for:
A. West Oak Street
B. North 27th Avenue
C. North 25th Avenue
D. Tschache Lane
E. Tschache Lane and North 27th Avenue
F. West Oak Street and Tschache LaneWest
G. Oak Street and North 27th Avenue"
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.
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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.
DATED this 2( day of 2020.
LANDOWNER
Land-Link, LLC
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Y:Its: 5
STATE OF MONTANA)
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COUNTY OF GALLATIN )
On this �21 day of Afqu5f , 2020, before me, a Notary Public for the State of Montana,
personally appeared eAri.S F 41-1 , known to me to be the Managing Member of Land-Link, LLC,
and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the
same pursuant to the authority vested in him.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first
above written.
(SEAL) `
" KIM KEENA m e Name ere) KI M KE rNA
>' �� KEEN
. q ' Notary Public Notary Public for the State�no�f�
:,,0TAR1,j. for the State of Montana L.
g Residiri at oze*n t r�T
Residing at:
.SEAL. Bozeman, Montana My Commission Expires: I l O? to-Lb
<<? ?; My Commission Expires: U 4 di for expiration
November 07, 2020 ( se digits p on 5' ar)
"'OF MO
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