HomeMy WebLinkAboutWaiver of Right to Protest SID - draft 12-18-18
Inter-office Original to:
City of Bozeman
Department of Community Development
P.O. Box 1230
Bozeman, MT 59771
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
The undersigned owner of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
LOTS 1 & 2 BLK 5 BOULDER CREEK SUBDIVSION PHASE I
LOCATED IN SOUTH ½, SECTION 04, T2S, R5E P.M.M. CITY OF
BOZEMAN, GALLATIN COUNTY, STATE OF MONTANA. PLAT J-633
IN CONSIDERATION of receiving approval for Site Plan 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
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 a one or more special improvement districts for;
a. Street improvements to West Oak Street including paving, curb/gutter, sidewalk,
and storm drainage
b. Street improvements to Annie Street including paving, curb/gutter, sidewalk, and
storm drainage
c. Street improvements to North Cottonwood Road including paving, curb/gutter,
sidewalk, and storm drainage
d. Street improvements to North Laurel Parkway including paving, curb/gutter,
sidewalk, and storm drainage
e. Intersection improvements for West Oak Street and North Laurel Parkway
f. Intersection improvements for West Oak Street and North Cottonwood Road
g. Intersection improvements for Durston Road and North Cottonwood Road
h. Intersection improvements for Annie Street and North Laurel Parkway
or to make written protest against the size or area or creation of the district to be assessed in
response to a duly passed resolution of intent 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 __________________, 201__.
LANDOWNER
______________________________________________
______________________________________________
STATE OF MONTANA )
)ss.
County of Gallatin )
On this ________ day of ____________________, 2018, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared ______________________, known to me
to be a ______________of ______________________. the entity that executed the within
instrument, and acknowledged to me that he executed the same for and on behalf of said
corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written.
(Seal)
Chris Budeski
Notary Public for the State of Montana
Residing at Bozeman, MT
My Commission Expires: November 26, 2019