HomeMy WebLinkAboutWaiverOfRightToProtestSID_06-25-21
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Inter-office Original to:
City of Bozeman
Department of Community Development
P.O. Box 1230
Bozeman, MT 59771
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR BOZEMAN COHOUSING
The undersigned owner of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
Tract B-1 of Certificate Of Survey No. 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
The above described tract of land is to be known and designated as Bozeman CoHousing,
City of Bozeman, Gallatin County, Montana; and the lands included in all streets, avenues, alleys
and parks or public squares shown on said C.O.S. are hereby granted and donated to the City of
Bozeman for the public use and enjoyment. Unless specifically listed herein, the lands included
in all streets, avenues, alleys, and parks or public squares dedicated to the public are accepted for
public use, but the City accepts no responsibility for maintaining the same. The owners agree
that the City has no obligation to maintain the lands included in all streets, avenues, alleys and
parks or public squared hereby dedicated to public use. The lands included in all streets,
avenues, alleys and parks or public squares dedicated to the public for which the city accepts
responsibility for maintenance.
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, in recognition of the impacts that
will be generated by the development of the above-described property at Bozeman CoHousing,
have waived and do hereby for ourselves, our heirs, personal representatives, successors and
assigns, the right to protest the creation of one or more special improvement districts for the
construction of:
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.
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c. Intersection Improvements to S. 3rd Avenue and Wagonwheel Road.
or to make any written protest against the proposed work or against the extent or creation
of the districts 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 limited partnership, provided however this waiver shall apply to the lands
herein described.
The terms, covenants and provisions of the Waiver shall extend to, and be binding upon
the successors-in-interest and assigns of the parties hereto.
DATED this _____ day of __________________, 20___.
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LANDOWNER
________________________________
BY:_______________________
3120 Wagon Wheel LLC
TITLE:_____________________
STATE OF MONTANA )
)ss.
County of Gallatin )
On this ________ day of ____________________, 20___, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared ___________________, known to me to be
a ______________ of 3120 Wagon Wheel LLC the entity that executed the within instrument,
and acknowledged to me that he/she executed the same for and on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
(SEAL)
_________________________________________ (Printed Name Here)
Notary Public for the State of Montana
Residing At: ________________________
My Commission Expires: ____________________ (Use 4 digits for expiration year)