HomeMy WebLinkAbout21- Waiver of Right to Protest - Village Downtown Lot 5 #21073 Inter-office Original to:
City of Bozeman
City Clerk 2759443
PO BOX 1230 Page: 1 of 3 11/23/2021 01:32:04 PM Fee $24.00
Bozeman MT 549771-1230 Eric Semerad - Gallatin County, MT MISC
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PLATTE,
J
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS
[VILLAGE DOWNTOWN LOT 5,#210731
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
Lot 5 of Minor Subdivision 344, located in the Northeast Quarter of Section 7 and the Northwest
Quarter of Section 8, T. 2 S., R. 6 E. of P.M.M., City of Bozeman, Gallatin County, Montana.
IN CONSIDERATION of receiving site plan approval for 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 City transportation systems
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 Village Downtown Boulevard including lighting,
signalization,paving, curb/gutter, sidewalk, and storm drainage.
b. Street improvements to Village Crossing Way including lighting, signalization,
paving,curb/gutter, sidewalk, and storm drainage.
c. Street improvements to Broadway Avenue between Village Downtown Boulevard
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andMain Street including lighting, signalization, paving, curb/gutter, sidewalk, and
storm drainage.
d. Intersection improvements at Village Crossing Way and Village Downtown
Boulevard including lighting, signalization/channelization, paving, curb/gutter,
sidewalk, and stormdrainage.
e. Intersection improvements at Village Downtown Boulevard and Broadway Avenue
including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and
stormdrainage.
f. Intersection improvements at Mendenhall Street and Broadway Avenue including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm
drainage.
g. Intersection improvements at Broadway Avenue and Main 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.
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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 �Y��F- 3EZ , 202�.
Conti Bozeman, LLC
By: V -AY4"
William N. Mathis, Manager
STATE OF_TEXAS )
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County of HARRIS ) ////
This instrument was signed or acknowledged before me this /� day of /y pyevK be,[ , 2021,
by William N. Mathis as Manager of Conti Bozeman, LLC.
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O�PRY PVN�-9'I'�����
Notary Public or the State of T xas c ; s_
Printed Name: a-�L.,.
Residing at HOW bgK_ Tr- � �yT �o
My Commission Expires 9/ o2? /20 e7 ;t-- i F of V�
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