HomeMy WebLinkAboutWaiverofSIDs_Draft_07262021RETURN RECORDED DOCUMENT TO:
Bozeman City Clerk
PO Box 1231
Bozeman, MT 59771-1231
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR: Annie Subdivision Ph. 4 Preliminary Plat (2305 Durston Road)
I, the undersigned Owner of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
The tract of land described in Plat J-482, being Lot 1 of Annie Subdivision Phase 3C,
Section 2, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County,
Montana.
IN CONSIDERATION of receiving preliminary plat approval from the City of Bozeman for
the Annie Subdivision Ph. 4, 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 West Oak Street from Hunters Way to North 19th Avenue
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
2. Intersection improvements at North 19th Avenue and Durston Road including lighting,
signalization, paving, curb/gutter, sidewalk, and storm drainage.
3. Intersection improvements at North 19th Avenue and West Oak Street including
lighting, signalization, paving, curb/gutter, sidewalk and storm drainage.
Acceptance of a deed for a lot within this subdivision shall constitute the assent of the
owners to any future SID, based on benefit, for upgrading the road within the Annie Subdivision,
including but not limited to paving, curbs and gutters, non-motorized facilities, street widening
and drainage facilities, and may be used in lieu of their signatures on an SID petition.
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.
DATED this _____ day of ___________________, 20_____.
PROPERTY OWNER:
Russel Hosner, LLC, an Oregon limited liability company
_________________________________________
By: _____________________
Its: _____________________
STATE OF ____________________ )
)ss.
County of _____________________)
This instrument was signed or acknowledged before me this ____ day of _________________,
20 ____, by ________________, as _______________ of Russel Hosner, LCC, an Oregon
limited liability company.
(SEAL)
Notary Public for the State of _________
Printed Name:_____________________
Residing at _______________________
My Commission Expires ___/___/20____