HomeMy WebLinkAbout15 Waiver of SID DRAFT
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City of Bozeman
City Clerk
P.O. Box 1230
Bozeman, MT 59771-1230
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR: 19TH CAPITAL GROUP LLC
I, the undersigned Owner of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows: That part of Lot 1A, Minor Subdivision
No. 191-B, according to the plat thereof, on file and of record in the office of the Clerk and
Recorder, Gallatin County, Montana, and located in the Southeast Quarter of Section 14,
Township 2 South, Range 5 East of P.M.M., Gallatin County, Montana, described as follows:
Beginning at the Southeast Corner of Lot 1A, Minor Subdivision No. 503A; thence
westerly 271°22'33", assumed azimuth from north, 263.14 feet; thence northerly
000°37'20" azimuth 97.58 feet; thence northeasterly 036°21'41" azimuth 43.18 feet;
thence northeasterly 041°08'11" azimuth 38.65 feet; thence easterly 079°11'35" azimuth
13.96 feet; thence northeasterly 028°55'08" azimuth 40.92 feet; thence northerly
011°40'28" azimuth 88.79 feet; thence northerly 008°52'58" azimuth 63.19 feet; thence
northerly 007°19'59" azimuth 85.74 feet to the centerline of Kagy Boulevard; thence
easterly 091°23'42" azimuth 173.58 feet along said centerline; thence southwesterly
181°03'08" azimuth 291.94 feet to the point of beginning.
IN CONSIDERATION of receiving final approval from the City of Bozeman for the
University Crossing (COB #21-327), along with accompanying rights and privileges and for
other valuable consideration, the receipt of which is hereby acknowledged, and in recognition of
the impacts to City transportation and infrastructure systems that will be generated by the
development of the above-described property, do hereby for ourselves, our heirs, personal
representatives, successors and assigns, waive the right to protest the creation of one or more
Special Improvement Districts (SIDs) for the following:
a. Street improvements to West Kagy Boulevard, including lighting, signalization,
paving, curb/gutter, sidewalk and storm drainage.
b. Street improvements to South 19th Avenue including lighting, signalization,
paving, curb/gutter, sidewalk and storm drainage.
c. Street improvements to South 27th Avenue, including lighting, signalization,
paving, curb/gutter, sidewalk, and storm drainage.
d. Intersection improvements for West Kagy Boulevard and South 19th Avenue,
including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and
storm drainage.
e. Intersection improvements at West Kagy Boulevard and South 27th Avenue,
including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and
storm drainage.
Or to make any written protest against the proposed work or against the extent or creation of the
districts (SIDs) to 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.
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 an SID 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 square footage of property,
taxable valuation of the property, traffic contribution from the development or a combination
thereof.
This waiver shall be a covenant running with the land and shall not expire with the
dissolution of the Property Owners Association, provided however this waiver shall apply to the
lands herein described.
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 , 2021.
By:
Dan Hitchcock, member
STATE OF MONTANA )
):ss
County of ____________ )
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 the
landowner.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL)
____________________________________
Notary Public for the State of Montana
Printed Name: ________________________
Residing at:
My Commission Expires: / /20
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