HomeMy WebLinkAbout15a EXISTING from Annexation Waivers of Right to Protest 7-23-2019 EXHIBIT"A"
WAIVER OF RIGHT-TO-PROTEST
CREATION OF SPECIAL TWROVEIMENT DISTRICT
FOR A CITY-WIDE SPECIAL DISTRICT FOR PARKS TRAILS OR OPEN SPACE
2018 NW CORNER COTTONWOOD&OAK ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin,State of Montana,
and more particularly described as follows:
TRACT 5 CERTIFICATE OF SURVEY NO.2552 LOCATED NE V,OF S4 T02S,R05E,
P.M.M,GALLATIN COUNTY,MT
IN CONSIDERATION of receiving approval for annexation 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 impact to Citv
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 duty passed resolution of intention to create one or 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
nanning 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.
2018 NW Corner Cottonwood&Oak Annexation Agreement 15
DATED this_day of 2019.
LANDOWNWR
NWX,LLC
By:Bryan Klein,Manager
STATE OF Mo _ )
:ss
COUNTY OF
On this j day of 2019,before me,the undersigned,a Notary Public
for the State of MU]tq 1) personally appeared l tt t'i rj j{j 1 I
known to me to be the landowner that executed the within instru ent,and acknowledged to me that he
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)
NATALIE PURKETT (Printed Name Here)
4-, NOTARY PUBLIC for the Notary Public for the State of �{Ult�tla
NOTAgUI�= State of Montana Residin-at�2.2fll.an
Residing at
Bozeman,Montana My Commission Expires: I-I-4Qaa
My Commission Expires (Use 4 digits for expiration year)
Januar 01,2022
2018 NW Corner Cottonwood&Oak Annexation Agreement 16
EXHIBIT'B"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
2018 NW CORNER COTTONWOOD&OAK ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin,State of Montana.
and more particularly descrihed as follows:
TRACT 5 CERTIFICATE OF SURVEY NO. 2552 LOCATED NE %n OF S4 T02S, R05E,
P.M.M,GALLATIN COUNTY,MT
IN CONSIDERATION of receiving approval for annexation 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
BARTER LANE,NORTH COTTONWOOD ROAD,HARPER PUCKETT ROAD,WEST OAK
STREET, AND NORTH LAUREL PARKWAY 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 improvement districts for the
construction and maintenance of following improvements: paving, curb/gutter, sidewalk, lighting,
and storm drainage facilities for BAXTER LANE, NORTH COTTONWOOD ROAD, HARPER
PUCKF.TT ROAD,WEST OAK STREET,AND NORTH LAUREL PARKWAY,or to make anv
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 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 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.
2018 NW Corner Cottonwood&Oak Annexation Agreement 17
This waiver is made for the benefit of the property described herein shall be a covenant running,
with the land.
The terns, 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.
LANDOWNER
NWX,LLC
By.Bryan Klein,Manager
STATE OFF )
:ss
COUNTY OF. )
On this I j _day of Ti.nP. ,2019,before me,the undersigned,a Notary Public
for the State of Ao rfte Ci 2 —,personally appeared (1 ,known
to me to be the landowner that executed the within instrument,anh acknowledged to me that he
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)
�JLNU HP, Ill diat
(Printed Name Here)
e"'p
, ,, NATALIE PURKETT Notary Public for the State ofNOTARY PUBLIC for the g tmrnal
� � State of MontanaResidin at_ Residing at My Commission Expires: 1-1-a0ag
; = Bozeman,Montana (Use 4 digits for expiration year)
My Commission E.rpiros
�t January 01,2022
2018 NW Corner Cottonwood&Oak Annexation Agreement 18
EXHIBIT"C"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
2018 NW CORNER COTTONWOOD&OAK ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin,State of Montana,
and more particularly described as follows:
TRACT 5 CERTMICATE OF SURVEY NO. 2552 LOCATED NE '/, OF S4 T02S, R05E,
P.M.M,GALLATIN COUNTY,MT
IN CONSIDERATION of receiving approval for annexation 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 THE
BAXTER LANE AND HARPER PUCKE TT,BAXTER LANE AND NORTH COTTONWOOD
ROAD, BAXTER LANE AND NORTH LAUREL PARKWAY, WEST OAK STREET AND
NORTH COTTONWOOD ROAD, AND WEST OAK STREET AND NORTH LAUREL
PARKWAY INTERSECTONS 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 improvement districts for the construction and
maintenance of intersection improvements for THE BAXTER LANE AND HARPER PUCKETT,
BAXTER LANE AND NORTH COTTONWOOD ROAD, BAXTER LANE AND NORTH
LAUREL PARKWAY, WEST OAK STREET AND NORTH COTTONWOOD ROAD, AND
WEST OAK STREET AND NORTH LAUREL PARKWAY INTERSECTONS,or to make any
written protest against the size or area or creation ofthe 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.
2018 NW Corner Cottonwood&Oak Annexation Agreement 19
In the event a 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 rair 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 tite
successors-in-interest and assigns of the Landowner.
2018 NW Corner Cottonwood&Oak Annexation Agreement 20
DATED this day of .2019.
LANDOWNER
NWX,LLC
By:Bryan Klein,Manager
STATE OF-,& )
:ss
COUNTY OF C7�1 1Atia )
On this I Q. day of I le, 2019,before me,the undersigned,a Notary Public
for the State of Mnl'jh n A personally appeared J�pl la n }f ipj n ,known
to me to be the landowner that executed the within instrument,aild acknowledged to me that he
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)
�_nJal lie, plaw
,,, NATALIE PURKETT (Printed Name Here)
„
+��: NOTARY PUBLIC for the Notary Public for the State of titan$
State of Montana Residing at (C)�R ng
oseaaiA�•` Residing at My Commission Expires: 1-I-a)pQ
Bozeman,Montana
My Commission Expires (Use 4 digits for expiration year)
January 01,2022
2018 NW Corner Cottonwood&Oak Annexation Agreement 21