HomeMy WebLinkAbout21- Waiver of Right to Protest Creation of SID or SILD - The Flats - 21078 Inter-office Original to: /rPLA:TTED-
City of Bozeman
City Clerk
PO Box 1230
Bozeman MT 549771-1230
2747849
Eric Swwad - GallatinOCou�tY, MT PM Fee:M$Sc.00
11111111 111111 III 11111111111111111 IN IIII IIIII IIIII 111111111111 III 1111111111
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS
The Flats-21078
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
Lot 1 in Block 16 of Baxter Meadows Subdivision Phase 2A
City of Bozeman, Gallatin County,Montana, according to the official plat thereof on
file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana.
(Plat Reference: J-383)
IN CONSIDERATION of receiving approval for Site Plan Approval 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 to:
a) Street improvements to Davis Lane including lighting, signalization,paving, curb/gutter,
sidewalk, and storm drainage.
b) Street improvements to Cattail Street including lighting, signalization, paving,
curb/gutter, sidewalk, and storm drainage.
c) Intersection Improvements to Cattail Street and Davis Lane.
d) Intersection Improvements to Cattail Street and Ferguson Avenue.
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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: lighting, paving and subgrade material, fiber optic
conduit, curb/gutter, sidewalk, storm drainage facilities, and traffic signals for:
a) Street improvements to Davis Lane including lighting, signalization, paving, curb/gutter,
sidewalk, and storm drainage.
b) Street improvements to Cattail Street including lighting,signalization,paving,curb/gutter,
sidewalk, and storm drainage.
c) Intersection Improvements to Cattail Street and Davis Lane.
d) Intersection Improvements to Cattail Street and Ferguson 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.
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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 Z 4 day of AW--, as 2021.
FOUR FLY FELLOWS LLC
LANDOWNER L`' 1.1
y: Nick Zi mer its Member
STATE OF MONTANA )
:ss
COUNTY OF,GALLATIN
/ )
On this Z `f day of � � 4 t , 2021, before me, the undersigned, a Notary Public
for the State of Montana,personally appeared c�,. GN�'Srx , known to me to be
the landowner that executed the within instrument, and acknowledge to me that they executed the
same for and on behalf of landowner.
IN WITNESS WHEREOF, I have hereunto set my hand affixed my official seal the day and
year first above written.
SEAL
auoFs; CHRIS BUDESKI (Printed Name Here)
`''NOTARiq� =for the Stallotate of Montana Notary Public for the State of�
*= "` * Residing at: Residin at +-Z
9SEAL, g /a/����t�t in v 7
. ��; Bozeman, Montana
My Commission Expires: My Commission Expires: ��
November 26,2023 (Use 4 digits for expiration year)
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