HomeMy WebLinkAbout21- Waiver of Right to Protest Creation of SID - 2131 Graf Site Plan & Master Site Plan Inter-office Original to:
City of Bozeman
City Clerk 2752090
PO BOX 1230 page: 1 of 3 09/27/2021 11:11:36 AM Fee: $24.00
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WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS
2131 Graf Site Plan& Master Site Plan
Application 19308 & 19309
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
Lot 2 Minor Sub 235 located in the NE1/4SE1/4 of Section 23, T.2S., R.5E., P.M.M.
City of Bozeman, Gallatin County, Montana
IN CONSIDERATION of receiving approval for Site Plan & Master 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 lighting, signalization,paving curb/gutter, sidewalk, and storm drainage 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:
a. Street improvements to West Graf Street between South 270'Ave and South 1 I lh Ave
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
b. Street improvements to Enterprise Blvd between West Graf Street and Stucky Road
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
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C. Street improvements to South 191h Ave between West Graf Street to West Kagy Blvd
including lighting, signalization,paving, curb/gutter, sidewalk, and storm drainage.
d. Street improvements to Stucky Lane between Enterprise Blvd and South 10 Ave
including lighting, signalization,paving, curb/gutter, sidewalk, and storm drainage.
e. Intersection improvements at West Graf Ave and South 19th including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
f. Intersection improvements at Stucky Road and South 191h Ave including lighting,
signalization/channelization,paving, curb/gutter, sidewalk, and storm drainage.
g. Intersection improvements at Enterprise Blvd and Stucky Road including lighting,
signalization/channelization,paving, curb/gutter, sidewalk, and storm drainage.
h. Intersection improvements at Enterprise Blvd and West Graf Street including lighting,
signalization/channelization,paving, curb/gutter, sidewalk, and storm drainage.
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.
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.
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DATED this Z 7 day of SE�T�d't/3c` , 2021.
LANDOWNER
Mem -Graf Apartments LLC
By: Will Ralph
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this Z�7 day of 5�� Mrf c^ , 2021,before me,the undersigned, a Notary Public
for the State of Montana,personally appeared Will Ralph, known to me to be Member of Graf
Apartments LLC,the landowner,that executed the within instrument, and acknowledged to me that
they executed the same for and on behalf of landowner.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL)
7, CHRIS BUDESKIXx ' � Notary Public (Pri e) G E(�ls Q065Ktt
NoTARIq� he State of Montana Notary Public for the State of ow4 4 K—
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9.SEAL,=g Bozeman, Montana G ���
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