HomeMy WebLinkAbout08 Waiver of Right to Protest Creation of SID CFGP 03122021 1
Inter-office Original to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman MT 549771-1230
DRAFT
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS
COMMUNITY FIRST GRIFFIN PLACE SITE PLAN (#___________)
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
TRACT 38 NORTHEAST ANNEXATION TO THE CITY OF BOZEMAN,
S06, T02 S, R06 E, ACRES 5.73
IN CONSIDERATION of receiving approval for Site Plan approval on 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 Griffin
Drive, the intersection of Griffin Drive and Manley Road, the intersection of Griffin Drive and
North 7th Avenue, the intersection of Griffin Drive and Bridger Drive and the intersection of
Griffin Drive and Rouse Avenue 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 and maintenance of following improvements:
a) Street improvements to Griffin Drive including lighting signalization paving, curb/gutter,
sidewalk, lighting and storm drainage
b) Intersection improvements to Griffin Drive and Manley Road
c) Intersection improvements to Griffin Drive and North 7th Avenue
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d) Intersection improvements to Griffin Drive and Bridger Drive
e) Intersection improvements to Griffin Drive and Rouse Avenue
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 _____ day of __________________, 2021.
PROPERTY OWNER
_____________________________________
Signature
_____________________________________
Printed Name
3
_____________________________________
Title
STATE OF MONTANA
:ss
County of ___________________)
On this ____ day of _________, 2021, before me, the undersigned, a Notary Public for the
State of Montana, personally appeared________________________________, known to me to be the
_____________________________of___________________________________, the property
owner that executed the within instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
________________________________________
________________________________________
(SEAL) (Printed name)
Notary Public for the State of Montana
Residing at _______________________________
My Commission Expires:____________________
(Use four digits for expiration year)