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HomeMy WebLinkAbout21- Waiver of Right to Protest Creation of SID - Norton East Ranch Subdivision Phase 5 & 6 J-694 Return Document to: Bozeman City Clerk P.O. Box 1231 Bozeman,MT 59717-1231 PLAT` 2747250 Page: 1 of 2 08/20/2021 03:25:09 PM Fee: $16.00 Eric Semerad - Gallatin County, MT MISC 1111111 IIIIII IN 11111111111111111111111111 III 111111111111 IN WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR: Norton East Ranch Subdivision, Phases 5 and 6. I, the undersigned Owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Lot R1, NORTON EAST RANCH SUBDIVISION, PHASE 3A, [Plat J-564], located in the North Half of Section 9, T. 2 S., R. 5 E. of P.M.M., City of Bozeman, Gallatin County, Montana. IN CONSIDERATION of receiving final plat approval from the City of Bozeman for the Norton East Ranch Subdivision Phase 6 Final Plat, 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: a. Street improvements to Cottonwood Road including paving, curb/gutter, sidewalk, and storm drainage; b. Street improvements to Laurel Parkway including paving, curb/gutter, sidewalk, and storm drainage; C. Street improvements to West Babcock including paving, curb/gutter, sidewalk, and storm drainage; d. Street improvements to Durston Road including paving, curb/gutter, sidewalk, and storm drainage; e. Street improvements to Gooch Hill Road including paving, curb/gutter, sidewalk, and storm drainage; f. Intersection improvements to Laurel Parkway and Durston; 9. Intersection improvements to Laurel Parkway and West Babcock Street; h. Intersection improvements to Laurel Parkway and Huffine Lane; i. Intersection improvements to Cottonwood Road and Huffine Lane; and j. Intersection improvements to Cottonwood Road 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 Property Owners Association, 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 23 day of-q/yytr , 2021. Norton Properties, LI�C, an Oregon limited liability company By: evin encer, Member STATE OF ae,, ) ) ss. County of es e ) This instrument was signed or acknowledged before me on this23- day of JIB e , 2021, by Kevin Spencer as a Member of Norton Properties, LLC, an Oregon Limited Liability Company. c. (SEAL) �,; �, OFFICIAL STAMP Notary Public f the Sta f Q� TINA KAY OAKLEY Printed Name: NOTARY PUBLIC-0REGON 0 COMMISSION NO.992440 2 Residing at: 1381 t��kyleul , t rti c4 MY COMMISSION EXPIRES OCTOBER 7,2023 My Commission Expires /o / F , 20 2'>