HomeMy WebLinkAbout19- Waiver of Right to Protest (Special Improvement Districts) - Nelson Meadows J-680
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PLAi7ED
2704919
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Eric Semerad — Gallatin County MT MIsc
1111111111111111111111111111111111 IN 11111111111111111111111111111111111111
WAIVER OF RIGHT TO PROTEST CREATION OF
SPECIAL IMPROVEMENT DISTRICTS FOR STREET IMPROVEMENTS
NELSON MEADOWS SUBDIVISION
The undersigned owner of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
Tract 1 C of COS 1372B located in Section 22, TIS, R5E, Gallatin County, MT.
AND
Tract 1D C of COS 1372 located in Section 22, T1 S, R5E, Gallatin County, MT.
AND
The Northeast Quarter of the Northeast Quarter (NEl/aNEI/a) and the East
Half of the East Half of the West Half of the Northeast Quarter (EY2E%2WY2NEI/a)
of Section Twenty-seven (27), Township One (1) South,
Range Five (5) East, M.P.M
IN CONSIDERATION of receiving approval for subdivision 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
Nelson Road, Frontage Road, East Valley Spur, and Prince Lane 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:
Page 1 of 3
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Bozeman City Clerk
PO Box 1230
Bozeman MT 59771
1) Street improvements to East Valley Spur including paving, curb and gutter, sidewalk,
lighting and storm drainage facilities;
2) Intersection improvements to East Valley Spur and Frontage Road;
3) Intersection improvements to Prince Lane and Frontage Road;
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 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 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��day of 2019.
Page 2 of 3
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PO Box 1230
Bozeman MT 59771
LANDOWNER
oe C" r �S L
Name:
Title:
STATE OF MONTANA ) 4 ,we -IT
w .ss
COUNTY OF )
On this /1 day of 4LU-/10�IL , 2019, b fore me, t e undersigned, a
Notary Public for the State of Montana, personally appeared known to me
to be the person that executed the within instrument,and acknowledged to me that he executed the
same on behalf of BarTimCo, LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
(SEAL)
(Printed Name Here)
`EN q COREEN A GORE Notary Public f the State of
.•00-, Notary Public Residingat
V.�OTAH/A'�` for the state of Montana
Residing at: My Commission Expires. ZO ?o Z l
S AL.�Q; Livingston, Montana (Use 4 digits for expiration year)
My Commission Expires:
"M `d� June 28,2021
Page 3 of 3
Return to:
Bozeman City Clerk
PO Box 1230
Bozeman MT 59771
WAIVER OF RIGHT TO PROTEST CREATION OF
SPECIAL IMPROVEMENT DISTRICTS FOR STREET IMPROVEMENTS
NELSON MEADOWS SUBDIVISION
Lots 4, 5, 6 of Block 3,Lots 2 and 3 of Block 5, and Lot I of Block 6.
The undersigned owner of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
Tract 1C of COS 1372B located in Section 22, T1S, R5E, Gallatin County, MT.
AND
Tract I C of COS 1372 located in Section 22, T1S, R5E, Gallatin County, MT.
AND
The Northeast Quarter of the Northeast Quarter (NE1/4NEI/4) and the East
Half of the East Half of the West Half of the Northeast Quarter (EI/2E%2WV2NEI/4)
of Section Twenty-seven (27), Township One (1) South,
Range Five (5) East, M.P.M
IN CONSIDERATION of receiving approval for subdivision 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
future local street along the northern property boundary,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:
Page 1 of 3
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Bozeman City Clerk
PO Box 1230
Bozeman MT 59771
1) Street improvements to the local street along the northern property boundary of the
Nelson Meadows Subdivision, including paving, curb and gutter, sidewalk, lighting
and storm drainage facilities;
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 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 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.
14
DATED this day of J£c'e_M C 12019.
Page 2 of 3
Return to:
Bozeman City Clerk
PO Box 1230
Bozeman MT 59771
LANDOWNER
Name: /C w 7- �$�,l P--a r
Title: �
STATE OF MONTANA )
ss
COUNTY OF )
On this fl day of bze*d; t , 2019, b fore me, the undersigned, a
Notary Public for the State of Montana, personally appeared K known to me
to be the person that executed the within instrument,and acknowledged to me that he executed the
same on behalf of BarTimCo, LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
(SEAL)
A Goq COREE
Notan,uti ORE (Printed Name Here)
�•'V.0TARi.4 �`=for the State of Montana Notary Public for the State4.
o
�sidine at: Residing at
SEAL Livingston, Montana
My Commission Expire ?-'r eo
My Commission Expires:
June 28,2021 (Use 4 digits for expiration year)
Page 3 of 3