HomeMy WebLinkAbout21- Waiver of Right to Protest Creation of SID Fallon Apartments Site Plan 20444 Return to:
Bozeman City Clerk
P.O. Box 1231
Bozeman,MT 59771-1231 PLATTED
2743965
Page 1 of 3 08/03/2021 08:46:59 Aft Fee: $24.00
Eric Semerad - Gallatin County, MT MISC
IN 11�11111 III�111 IIIIIII 111 IN 11111111111111111 IN IN
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FALLON APARTMENTS SITE PLAN APPLICATION (C.O.B.No. 20444)
I, the undersigned Owner of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
Lots 2 and 3, Block 13,NORTON EAST RANCH SUBDIVISION, PHASE 4, [Plat J-668],
City of Bozeman, according to the plat thereof, on file and of record in the office of the
Clerk and Recorder, Gallatin County, Montana, and located in the South 1/2 of Section 9,
Township 2 South, Range 5 East of P.M.M., Gallatin County, Montana
IN CONSIDERATION of receiving site plan approval of the subject property from the City
of Bozeman 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 design and engineering, construction and maintenance of the following
improvements:
1. Street improvements to Pond Lilly Drive between Babcock Street and Huffine Lane
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
2. Street improvements to Laurel Parkway between Durston Road and Huffine Lane
including lighting, signalization,paving, curb/gutter, sidewalk, and storm drainage.
3. Street improvements to Babcock Street between Laurel Parkway and Cottonwood Road
including lighting, signalization,paving, curb/gutter, sidewalk, and storm drainage.
4. Street improvements to Cottonwood Road between Durston Road and Huffine Lane
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
5. Street improvements to Fallon Street between Laurel Parkway and Cottonwood Road
including lighting, signalization,paving, curb/gutter, sidewalk, and storm drainage.
6. Intersection improvements at Fallon Street and Laurel Parkway including lighting,
signalization,paving, curb/gutter, sidewalk, and storm drainage.
7. Intersection improvements at Laurel Parkway and Babcock Street including lighting,
signalization,paving, curb/gutter, sidewalk, and storm drainage.
8. Intersection improvements at Babcock Street and Cottonwood Road including lighting,
signalization,paving, curb/gutter, sidewalk, and storm drainage.
9. Intersection improvements at Fallon Street and Cottonwood Road including lighting,
signalization, paving, curb/gutter, sidewalk, and storm drainage.
10. Intersection improvements at Laurel Parkway and Huffine Lane including lighting,
signalization, paving, curb/gutter, sidewalk, and storm drainage.
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 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
PROPERTY OWNER:
Norton Pro pert' s, LLC, an Oregon limited liability company.
By: evin S cer, Member
STATE-`OF MONTANA )
:ss
COUNTY OF GALLATIN )
This instrument was signed or acknowledged before me on this f day of ,
2021, by Kevin Spencer as Member of Norton Properties, LLC, an Oregon' Limited Liability
Company.
� ,� SUSAN HJALMARSSON
EQ A�M�9 No
Public
Not Public foil the State of ontana
:apTARlq�o for the State of Montana
Printed Name: _ Z- Residing at:
*_
Residing at: '* SEAL Q; Bozeman, Montana
g =q P� M Commission F�cpires:
My Commissi xpires:
'' �F MO ''` y July 16,2023
GAC&H\20\200859Tasements And Waivers\200859-Waiver Of SIDS.Doc