HomeMy WebLinkAbout023 Autumn Grove SID Waiver
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Inter-office Original to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman MT 549771-1230
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR AUTUMN GROVE– 21479
The undersigned owner of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
West Wind Sub Ph 5, Block 2, Lot 5, Plat J-494, Section 02, Township 02 South,
Range 5 East P.M.M. in the City of Bozeman, Gallatin County, Montana
IN CONSIDERATION of receiving approval for site plan 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:
a. Street improvements to W. Oak Street including paving, curb/gutter,
sidewalk, and storm drainage.
b. Street improvements to Davis Lane including paving, curb/gutter, sidewalk,
and storm drainage.
c. Street improvements to Baxter Lane including paving, curb/gutter, sidewalk,
and storm drainage.
d. Intersection improvements to the intersection of Davis Lane and Baxter Lane.
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e. Intersection improvements to the intersection of W. Oak Street and N.
27th Avenue
f. Intersection improvements to the intersection of W. Oak Street and Ferguson 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, curb/gutter, sidewalk, storm drainage facilities, and traffic signals for:
a. Street improvements to W. Oak Street including paving, curb/gutter,
sidewalk, and storm drainage.
b. Street improvements to Davis Lane including paving, curb/gutter, sidewalk,
and storm drainage.
c. Street improvements to Baxter Lane including paving, curb/gutter, sidewalk,
and storm drainage.
d. Intersection improvements to the intersection of Davis Lane and Baxter Lane.
e. Intersection improvements to the intersection of W. Oak Street and N.
27th Avenue
f. Intersection improvements to the intersection of W. Oak Street and Ferguson Avenue.
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
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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 _____ day of __________________, 2022.
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LANDOWNER NAME
LANDOWNER
__________________________________________
By: LANDOWNER NAME AND TITLE
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this ________ day of ____________________, 2022, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared_____________________________, 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.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
(SEAL)
_________________________________________
(Printed Name Here)
Notary Public for the State of _________
Residing at _______________________
My Commission Expires:____________
(Use 4 digits for expiration year)