HomeMy WebLinkAboutWaiver of SIDS (DRAFT) 06-10-2020RETURN RECORDED DOCUMENT TO: Bozeman City Clerk PO Box 1231 Bozeman, MT 59771-1231
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR: ISLANDS, LLC.
I, the undersigned Owner of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows: Lot R-2 of the J&D FAMILY
SUBDIVISION, PHASE 2 [Plat J-610], located in the Southeast one-quarter of Section 9, T. 2
S., R. 5 E. of P.M.M., City of Bozeman, Gallatin County, Montana.
IN CONSIDERATION of receiving final plan approval from the City of Bozeman for the
West Side Flats Master Site Plan, along with accompanying rights and privileges and for other
valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the
impacts to City transportation and infrastructure systems that will be generated by the
development of the above-described property, do hereby for ourselves, our heirs, personal
representatives, successors and assigns, waive the right to protest the creation of one or more
special improvement districts (SID’s) for the following:
a. Street improvements to Fallon Street from N Laurel Parkway to N Cottonwood Road,
including paving, curb/gutter, sidewalk, and storm drainage
b. Street improvements to W Babcock Street from N Laurel Parkway to N Cottonwood
Road, including paving, curb/gutter, sidewalk, and storm drainage
c. Intersection Improvements to North Cottonwood Road and West Babcock Street
d. Intersection Improvements to North Cottonwood Road and Fallon Street
Or to make any written protest against the proposed work or against the extent or creation of the
districts (SID’s) to 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 an 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 square footage of property,
taxable valuation of the property, traffic contribution from the development or a combination
thereof.
This waiver shall be a covenant running with the land and shall not expire with the
dissolution of the Property Owners Association, provided however this waiver shall apply to the
lands herein described.
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 __________________, 20____.
PROPERTY OWNER:
ISLANDS, LLC., a Montana limited liability company
____________________________________
By: W. Mark Easton, Member
STATE OF MONTANA
COUNTY OF GALLATIN
This instrument was signed or acknowledged before me this _____ day of ________________,
20___, by W. Mark Easton as Member of ISLANDS, LLC, a Montana limited liability company.
_______________________________________
Notary Public for the State of Montana
Printed Name: ______________________
Residing at: _______________, _________
My Commission Expires: _____/ ______/ 20 ____.
G:\C&H\18\180820\Site Plan\Working Files\Waiver Of SIDS.Doc