HomeMy WebLinkAboutSIDWaiver_10272021 WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
CANYON GATE
We,the undersigned Owners of the real properties situated in the County of Gallatin,State of
Montana,and more particularly described as follows:
Tract 7B COS 2408,less MDT ROW;and the westerly 33.34'of Lot 45,Lot 46,and Lot 47
of Mount Baldy Subdivision,less MDT ROW. Located within the Southwest One Quarter
of Section 32,Township 1 South,Range 6 East,Principal Meridian Montana,Gallatin
County,Montana.
In consideration of receiving approval of a site plan on the subject property to allow the
construction of a mixed use facility 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,
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;
a. Street improvements to Story Mill Road between Boylan Road and East Tamarack
Street including lighting,signalization,paving,curb/gutter,sidewalk,and storm
drainage.
b. Street improvements to Bridger Drive/North Rouse Ave between East Tamarack Street
and Boylan Road including lighting,signalization,paving,curb/gutter,sidewalk,and
storm drainage.
c. Intersection improvements at Story Mill Road and Bridger Drive/North Rouse Ave
including lighting,signalization/channelization,paving,curb/gutter,sidewalk,and storm
drainage.
d. Intersection improvements at East Oak Street and Bridger Drive/North Rouse Ave
including lighting,signalization/channelization,paving,curb/gutter,sidewalk,and storm
drainage.
e. Intersection improvements at East Tamarack Street and North Wallace Ave including
lighting,signal ization/channelization,paving,curb/gutter,sidewalk,and storm drainage.
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 this waiver shall extend to, and be binding upon the
successors-in-interest and assigns of the Landowner.
DATED this day of(.JC..'R7/; ,-�— ,20a[.
PROPERTY OWNER
Signature
'Al _
Printed an e and title
STATE OF MONTANA )
)ss.
County of Gallatin )
On this 2�a day of , 20 ,before me, the undersigned,a Notary Public for the
State of Montana,personally appeared of State of Montana known to me to
be the representative of the property owner , < J rS rS that executed the
within instrument, and acknowledged to me that he 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.
«� ►cuy LAUREN CUMMING._. (Printed?Came He ) �ci.-3r� �, CJ mrn%NoS�
�Q•' ��ti Notary Public Notary Pub' e State of Montana
s:NoTARj44.N'__for the State of Montana Residing at j
Residing at: My Commission Expires' n�3
.SEAL, e= Bozeman, Montana (Use 4 digits for expiration y ar)
,,, pFIMp�P' My Commission Expires:
September 04, 2023