HomeMy WebLinkAboutRecorded_SID_Waiver_081721 Inter-office Original to:
City of 13ozeman
City Cicrk
PO Box 1230 2746749
Bozeman MT 59771-1230 Page: s or a oe/1712021 03:37:03 Phi Fee $32.00
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WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS
FIRST SECURITY BANK 20442
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
Lot 13A, Gallatin Center Subdivision; Bozeman, MT
IN CONSIDERATION of receiving approval for a site plan on 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 Cattail Street, Max
Avenue, and 19' Avenue 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, storm drainage facilities, and traffic signals for:
a) Street improvements for Cattail Street between 27°i Avenue and 19't' Avenue including lighting,
signalization,paving,curb/gutter, sidewalk,and storm drainage.
b) Street improvements to Max Avenue between Catron Street and Baxter Lane, including lighting,
signalization,paving, curb/gutter,sidewalk,and storm drainage.
c) Street improvements to Catron Street between 27' Avenue and East Valley Ccntcr Road including
lighting, signalization, paving,curb/gutter,sidewalk, and storm drainage.
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d) Street improvements to 27'h Avenue between East Valley Center Road and Baxter Lane including
lighting,signalization, paving,curb/gutter,sidewalk, and storm drainage.
e) Intersection improvements at Cattail Street and I9'h Avenue including lighting,
signal]7,ation/channcl i 7ation,paving, curb/gutter, sidewalk, and storm drainage.
Intersection improvements at Cattail Street and Max Avenue including lighting,
signaliration/channeli;,ation,paving, curb/gutter, sidewalk, and storm drainage.
g) Intersection improvements at Cattail Street west of 27`h Avenue and 27'h Avenue including lighting,
signal iration/channeli7ation,paving, curb/gutter, sidewalk, and storm drainage.
h) Intersection improvements at Cattail Street cast of 27'h Avenue and 27`h Avenue including lighting,
signalization/channeli7ation,paving, curb/gutter, sidewalk, and storm drainage.
i) Intersection improvements at Cattail Street and 27' Avenue including lighting,
signalization/channeli7ation,paving, curb/gutter,sidewalk, and storm drainage.
j) Intersection improvements at Catron Street and Max Avenue including lighting,
signaliralion/channelization,paving, curb/gutter, sidewalk, and storm drainage.
k) Intersection improvements at Catron Street and East Valley Center Road including lighting,
signali7ation/channeli7ation,paving, curb/gutter, sidewalk, and storm drainage.
l) Intersection improvements at East Valley Center Road and 27' Avenue including lighting,
signal ization/channcli7ation,paving, curb/gutter, sidewalk, and storm drainage.
m) Intersection improvements at Baxter Lane and 2Th Avenue including lighting,
signaliiation/channeli7.ation, paving, curb/gutter, sidewalk, and storm drainage.
n) Intersection improvements at Baxter Lane and Max Avenue including lighting,
signalization/channelization,paving,curb/gutter, sidewalk, and storm drainage.
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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.
DATED this (7 day of 4kA&AIA S i 12021.
LANDOWNER
ames .� ess
By: Pr ident/C
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
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On this —7 day ofAtA-e^�-F— , 2021, before me, the undersigned,a Notary Public
for the State of Montana, person4 appeared MMC-S S. 'S , known to me to be
the landowner that executed the within instrument, and acknowledged to me that they executed the
same for and on behalf of landowner.
rN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL)
( rinted Name Here) S<c,,,,,, A^ erso�
Ai JORDAN ANDERSON No Public for the State of
`QO '"dF9�; Notary Publicf o.aoTAfl1A4?%1 for the State of Montana Residing at Ze,,jj2,n
=.SEAL. Boxemadi gat:Montana My Commission Expires:u"e lSS ?a+2H
My Commission Expires: (Use 4 digits for expiration year)
June 18,2024
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