HomeMy WebLinkAboutSID_VTV_Waiver of Right to Protest_10252021 Inter-office Original to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman MT 59771-1230
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS
VANCE THOMPSON VISION 021242)
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
Lots 1 & 2 of Block 1 of Catron Crossing Subdivision, Situated in the SE1/4 of Section 26,
Township 1 South, Range 5 East, PMM, City of Bozeman, Gallatin County, Montana
IN CONSIDERATION of receiving approval for annexation 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 Valley
Center Road,North 27'Avenue, Catamount Street, Honor Lane,Jamboree Way,the intersection of East
Valley Center Road and 19111, East Valley Center Road and Catamount Street, East Valley Center Road
and Honor Lane, Catamount Street and Jamboree Way and Honor Lane and North 27th 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:
a. Street improvements to Valley Center Road including paving, curb/gutter,
sidewalk, and storm drainage
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b. Street improvements to North 27th Avenue from Catamount Street to Valley
Center Road including paving, curb/gutter, sidewalk, and storm drainage.
c. Street improvements to Catamount Street from Valley Center Road to Davis Lane
including paving, curb/gutter, sidewalk, and storm drainage
d. Street improvements to Honor Lane including paving, curb/gutter, sidewalk, and
storm drainage
e. Street improvements to Jamboree Way including paving, curb/gutter, sidewalk,
and storm drainage
f. Intersection improvements to East Valley Center Road and 19th Avenue including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm
drainage.
g. Intersection improvements to East Valley Center Road and Catamount Street
including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and
storm drainage.
h. Intersection improvements to East Valley Center Road and Honor Lane including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm
drainage.
i. Intersection improvements to Catamount Street and Jamboree Way including
lighting, signalization/channelization,paving, curb/gutter, sidewalk, and storm
drainage.
j. Intersection improvements to Honor Lane and North 27th 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 k-� day of 5�� -z ,.. r- , 2021.
LANDOWNER
V Dev opment LLC
By: ald E. Cape, Jr., Managing Member
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
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On this ! day of 5(' Y�y��i' , 2021, before me, the undersigned, a Notary Public
for the State of Montana, personally appeared ;,�;�j (;(c� c S�`_ , known to me to be
the Managing Member of VC Development, LLC 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.
AEI-MEGq_ RACHEL MEGAARD
QPG apTAR/q� w.f1O NOTARY PUBLIC for the
* SEAL State of Montana (Printed Name Here)
Residing at Bozeman,Montana Notary Public for the State of v1 �fii m� �e My Commission Expires
9TFOF Mp��P March 15,2023 Residing at I x=XCM J�10_
My Commission Expires: /Ocgyj 1S,
(Use 4 digits for expiration year)
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