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HomeMy WebLinkAboutSID Waiver 20042 First Security Bank_Signed Inter-office Original to. City of Bozeman City Clerk PO Box 1230 E. Bozeman MT 59771-1230 I 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: E Lot 13A,Gallatin Center Subdivision; Bozeman,Montana E IN CONSIDERATION of receiving approval for a site plan on the subject property from the City E 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 to Cattail Street between 27`'Avenue and 19'h 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 Center Road including lighting, signalization,paving,curb/gutter, sidewalk,and storm drainage. 1 I i d) Street improvements to 271h 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 19' Avenue including lighting, signalization/channelization,paving,curb/gutter,sidewalk, and storm drainage. i f} Intersection improvements at Cattail Street and Max Avenue including lighting, signal ization/channelization,paving, curb/gutter,sidewalk, and storm drainage. . l g) Intersection improvements at Cattail Street west of 27`' Avenue and 27fh Avenue including lighting,signalization/channelization,paving, curb/gutter, sidewalk,and storm drainage. h) Intersection improvements at Cattail Street east of 271h Avenue and 27"' Avenue including F F t lighting,signalization/channelization,paving,curb/gutter,sidewalk, and storm drainage. f i) Intersection improvements at Cattail Street and 27ch Avenue including lighting, signalization/channelization,paving, curb/gutter, sidewall,', and stone drainage. j) Intersection improvements at Catron Street and Max Avenue including lighting, signalization/channelization,paving, curb/gutter,sidewalk,and storm drainage. k) Intersection improvements at Catron Street and East Valley Center Road including lighting, signalization/channelization,paving, curb/gutter, sidewalk, and storm drainage. 1) Intersection improvements at East Valley Center Road and 271 Avenue including lighting, signalization/channelization,paving, curb/gutter, sidewalk, and storm drainage. m) Intersection improvements at Baxter Lane and 271h Avenue including lighting, signalization/channelization, 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. 2 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. hi 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__L day of ,2020. LANDOWNER (4a, roes Nes y:Pr ide CPO STATE OF MONTANA } :ss COUNTY OF GALLATIN } 3 6. s On this day of , 2021,before me,the undersigned,a Notary Public for the State of Montana,persona appeared J—,4-Met .J-- t,�eS 5 ,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. 4 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL-.) l Printe Name Here) JC s 0 , E Notary Public f or the State of /�► -0 ;. Notary Pubfic Residing at i��ZEw1A A � -0 : ic> the Stag of Mr nt�e My Commission Expires: )a jAt 1 2DZLj FlGsidlrl�j at: -r£r Bozeman, rvtontar (Use 4 digits for expiration year) w..�N`J Cor"nlrn'pssion F'xpires: 1 8; 2024 i f 4 L F