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HomeMy WebLinkAbout20- Waiver of Right to Protest (Special Improvement Districts) - Lots 1-4 and the East 88' of Lots 19-24, Block 34, Capitol Hill Addition (Delta Gamma Site plan) Inter-office Original to: City of Bozeman City Clerk PO Box 1230 Bozeman,MT 549771-1230 PLATTED 2700373 Page: 1 of 3 09/16/2020 01:32:17 PM Fee $21.00 Eric Semerad - Gallatin County, MT MISC IIIIIII IIIIII III IIII 1111111111111 IN 11111111111111111111111111 III 11111111111111 IN WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS [DELTA GAMMA SITE PLAN -#201701 The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Lots 1-4 and the East 88' of Lots 19-24, Block 34, Capitol Hill Addition to the City of Bozeman located in the Northeast Quarter of Section 13, Township 2 South, Range 5 East of P.M.M., City of Bozeman, Gallatin County, Montana 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 GARFIELD STREET, SOUTH 5TH AVENUE, AND SOUTH 4TH AVENUE 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, curb/gutter,sidewalk, and storm drainage facilities 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 1 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. 2 - ©Z DATED this day of , 201 PROPERTY OWNER: J&D Customs, Inc. )�*+ AAA I - 1 /�7) kD i lk jk Its: STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) 20 On this �day of S{'(,}kMb-e,r , 201 , before me, the undersigned, a Notary Public for the State of Montana, personally appeared MWOnht Litbmann known to me to be `pfe S i dcn� of , a Montana corporation, and acknowledged to me that they executed the same for and on be calf of said corporation. VIM ha h Kuv s e , Trn c . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. JENNA MOSEMAN M'-? ,',�SEAL),Iotary Public Not y Public for the State of Montana ?•d0TARLq 92=for the state of Montana Residing at: SEAL. � Belgrade, Montana 2= Printed Name: ?.' My Commission Expires: May 18,2024 Residing at My Commission Expires: 3