HomeMy WebLinkAboutSIDWaiverSigned_08-30-21 Inter-office Original to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman MT 59771-1230
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS
BOZEMAN COHOUSING—21-096
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
Warranty Deed Document No. 2673699 and Tract B of C.O.S. 526, on record with the Gallatin
County Clerk and Recorder located in the Southwest One-Quarter Of Section 19, Township 2 South,
Range 6 East, Principal Meridian Montana(P.M.M), Gallatin County, Montana
IN CONSIDERATION of receiving approval for site plan 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 Wagonwheel Rd. and
S. 3`d Ave. 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 and storm drainage facilities for:
a) Street improvements to Wagonwheel Road including lighting, signalization,
paving, curb/gutter, sidewalk, and storm drainage.
b) Street improvements to S. 3rd Avenue including lighting, signalization, paving,
curb/gutter, sidewalk, and storm drainage.
c) Intersection Improvements to S. 3rd Avenue and Wagonwheel Road.
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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 51-=' day of /— '6 (. z , 2021.
GRANTOR—Bozeman COHO, LLC
its:
STATE OF MONTANA )
):ss
County of Gallatin )
On this c day of U t) T , 20 2 , before me the undersigned, a Notary
Public for the State of Montana, personally appeared MAW"- O LL,I-c,-? , known to me to
be 61�G /3cn of�'x���.u�c.C1�lc and the person whose name is subscribed to the
within instrument and acknowledged to me that he executed the within instrument for and on behalf of
Bozeman COHO, LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written.
(Printed Name)
, CHRIS��B►�UDESKI r
V�¢\5pA� fort eS-tate ofbMontana Notary Public for the State of
q A-
Residing at: Residin at
>cAL , Bozeman, Montana
My Commission Expires:
�;•... M Commission Expires
OFMp,,, November 26, 2023 y p �
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