HomeMy WebLinkAbout20- Waiver of Right to Protest (Special Improvement Districts) - Valley West Square Subdivision J-320B
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PLATTED Eric Semerad - Gallatin County, MT IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII11ININ MISC
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR: Valley West Square Subdivision
We, the undersigned Owners of the real property situated in the County of Gallatin, State
of Montana, and more particularly described as follows:
Tract 3A, Amended Plat of the Remainder of Tract 3, Block 1, Valley West
Subdivision, located in the Northwest Quarter of Section 10, Township 2 South,
Range 5 East of P.M.M., City of Bozeman. Gallatin County, Montana.
IN CONSIDERATION of receiving final plat approval from the City of Bozeman for the
Valley West Square Subdivision, 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:
1. Street improvements to North Cottonwood Road including paving, curb/gutter, sidewalk,
and storm drainage.
2. Street improvements to Babcock Street including paving, curb/gutter, sidewalk, and
storm drainage.
3. Intersection improvements to North Cottonwood Road and West Babcock Street.
4. Intersection improvements to North Cottonwood Road and Durston Road.
5. Intersection improvements to North Cottonwood Road and Huffine Lane.
6. Intersection improvements to Ferguson Avenue and West Babcock 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 limited liability company, 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.
r
DATED this i) day of �- , 201
PROPERTY OWNERS:
Tract 3A—Kardar, LLC
By:
Its:
STATE OF MONTANA )
:SS
COUNTY OF f6,AZL�A*M// )
.S,S
I L✓Ki
On this J day of 0 L 4 e , 201�, before me, the undersigned, a Notary Public
for the State of Montana, personally appeared 1-)a„ q e , known to me to be
/`?C^X b Pv of Kardar, LLC, a Montana Limiled Liability Company, and
acknowledged to me that they executed the same for and on behalf of said limited liability
company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written.
SEAL
Notary Public for the State of Montana s KEVIN S BATES
'l n ���N eqT� NOTARY PUBLIC for the
Printed Name: K 011 JG4J r �OTARIq� lS�
SEAL Q State of Montana
Residing at /71 r S SL Act Residing at Missoula, MT
�OFMo� My Commission Expires
My Commission Expires: September 24,2021,
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