HomeMy WebLinkAbout22- Waiver of Right to Protest Creation of Special District or SID - Beall's First Addition2771040
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Inter-officeoriginalto:
CityofBozeman
CityClerk
Po Box 1230
Bozeman MT 59771-1230
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS
413-414 N Montana Ave.Minor Subdivision Application 21224
The undersigned owner of the realpropertysituatedinthe County of Gallatin,Stateof Montana,
and more particularlydescribedas follows:
Lot 4B,Beall'sFirstAddition to theCity of Bozeman
.9uaD w n,isu
IN CONSIDERATION of receivingapproval for annexatien of the subjectproperty from the
City of Bozeman,along with accompanying rights and privilegesand for other and valuable
consideration,the receiptof which ishereby acknowledged,and in recognitionof the impacts tol
Montana Avenue which willbe caused by thedevelopment of theabove-describedproperty,the owner
has waived and does hereby waive for itself,itssuccessorsand assignsforeverthe rightto protestthe
creationof one or more specialdistrictsor specialimprovement districtsforthedesignand engineering,
constructionand maintenance of following improvements:
1.Street improvements to Montana Avenue between Lamme Street to Peach Street
including lighting,signalization,paving,curb/gutter,sidewalk,and storm
drainage.
2.Intersection improvements at Montana Avenue and Peach Street including lighting,
signalization,paving,curb/gutter,sidewalk,and storm drainage.
3.Intersection improvements at Montana Avenue and Lamme Street including
lighting,signalization,paving,curb/gutter,sidewalk,and storm drainage.
4.Intersection improvements at Rouse Avenue and Peach Street including lighting,
signalization,paving,curb/gutter,sidewalk,and storm drainage.
5.Intersection improvements at Rouse Avenue and Lamme Street including lighting,
signalization,paving,curb/gutter,sidewalk,and storm drainage.
Landowner agrees 'theCity has the sole rightto controlthe design and constructionof such
improvements and may include any of the above components and others necessary to ensure such
improvements comply with all adopted City infrastructureplans and requirements.Further,the
Landowner waives itsrightor to make any writtenprotestagainstthe sizeor area or creationof the
districtbe assessed in response to a duly passed resolutionof intentionto createone or more special
improvement districtswhich would includethe above-describedproperty.
In theevent a specialdistrictor specialimprovement districtisnot utilizedforthe completion of
these improvements,the developer agrees to participatein an attemate financing method for the
completion of saidimprovements on a fairshare,proportionatebasisas determined by the City on the
basisof the square footageof property,taxablevaluationof the property,trafficcontributionfrom the
development or a combination thereof.
This waiver ismade forthe benefitof the propertydescribed hereinshallbe a covenant running
with the land.
The terms,covenants and provisionsof thiswaiver shallextend to,and be binding upon the
successors-in-interestand assignsof the Landowner.
DATED this27th day of September,2021.
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LANDOWNER
Tinlo hy J.ell
By:/'
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this27 day of September,2021,beforeme,the undersigned,a Notary PublicfortheStateof
Montana,personallyappeared Timothy J.Bell,known to me to be the landowner thatexecuted the
within instrument,and acknowledged to me thatthey executed thesame forand on behalfof
landowner..
IN WITNESS WHEREOF,Ihave here n o t Ia di,aff'xedmy officialsealthe day and
year firstabove written.
(SEAL)
P ntedÑam J e )
otà tiblif th'EStateof .A
R siding t
My Commiss n Expires:A//d
(Use 4 digitsforexpirationydar)
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