Loading...
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. 1 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. 2 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 � 3