HomeMy WebLinkAbout20- Waiver of Right to Protest (Special Improvement District) - Condo Site Plan - 20117 2706235
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Ertl - Gallatin County, MT MISC
Inter-office Originalto ���������� ����City of Bozeman 1111111111111IN 111111111111111111111111111111111111111 IN IN
City Clerk
PO Box 1230 PLATTED
Bozeman MT 549771-1230
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS
PALISADE CONDOMINIUMS SITE PLAN - 20117
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
Lots 1 & 7, Block 21 of Cattail Creek Subdivision PH III situated in the Northwest '/4 of Section 35,
Township 1 South, Range 5 East, P.M.M. City of Bozeman, Gallatin County Montana.
IN CONSIDERATION of receiving approval for 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:
1. Street improvements to Catamount Street including paving, curb/gutter, sidewalk, and
storm drainage
2. Street improvements to N 27th Avenue from Cattail Street to E Valley Center Rd
including paving, curb/gutter, sidewalk, and storm drainage
3. Street improvements to Davis Lane Cattail Street to Catamount Street including paving,
curb/gutter, sidewalk, and storm drainage
4. Intersection improvements for Catamount Street and N. 27th Avenue
5. Intersection improvements for Catamount Street and Warbler Way
6. Intersection improvements for Catamount Street and E Valley Center Road
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
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and maintenance of following improvements: paving and subgrade material, curb/gutter, sidewalk
and storm drainage facilities for:
a) Street improvements to Catamount Street.
b) Street improvements to N 27th Avenue from Cattail Street to E Valley Center Rd
c) Street improvements to Davis Lane from Cattail Street to Catamount Street
d) Intersection improvements for:
l. Catamount Street and N. 27th Avenue
2. Catamount Street and Warbler Way
3. Catamount Street and E Valley Center Road
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.
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 13 day of C�GTv�cti , 20 7D.
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LANDOWNER
'�>07�"�-Lar„ (�otJJ&91'
BY:
Palisa es ondoininium
TITLE:
STATE OF MONTANA )
)ss.
County of Gallatin )
On this /-S day of DG FoITC k- , 202°, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared J�1`F P?G-1 L , known to me to be
/ Se
the PF 0El�-( of Palisades Condominium the entity that executed the within instrument,
and acknowledged to me that he executed the same for and on behalf of said corporation.
Q/,-' rt el- - 1 o3d'-,4vt /So je �fK CC.0 C:1S
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
(SEAL)
JrtdB11"I��F;, CHRIS BUDESKI
'�GjP�s • Notary Public (Printed Name 1 lerc) Cr K E
p'TARtq' ;-for the State of Montana Notary Public for the State of Montana
Residing at: Residing At: 1✓d rc-At'U. f
*' SEAL.AT Bozeman, Montana
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� My Commission Expires: My Commission Expires:
November 26.2023 (Use 4 digits for expiration year)
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