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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