HomeMy WebLinkAbout004 SID Waiver - 1 2771040 ?G $2 on ire o00
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City or Bozeman
C:i ry Cleric
PO Box 1230
Bozeman MT 59771-1230
WAIVER OF RIG HT TO PROTES I
CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS
413-414 IN Montana Ave. Minor Subdivision Application 21224
The undersigned owner of the real property situated in the County of Gallatin, State of.Montana,
and more particularly described as follows:
Lot 4B. Beali's First Addition to the City of Bozeman
Su�A+vrtrnN
IN CONSIDERATION of receiving approval for anfte*&Pten 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 N.
Montana 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 rorever the right to protest the
c-cation o,`one or more special districts or special improvement districts for the design and engineering,
construction and maintenance of following improvements:
l .Street improvements to Montana Avenue between Lamme Street to Peach Street
including lighting, signalization, paving, curb/gutter, sidewalk, and storm
drainage.
2.1intersection improvements at Montana Avenue and Peach Street including lighting,
signalization, paving, cUrblgutter, sidewalk, and storm drainage.
3.1ritersection improvements at Montana Avenue and Lamme Street including
lighting, signalization, paving, curblgutter, sidewalk, and storm drainage.
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2771040 Page 2 of 3 03r25r2022 11 24,52 AM
4.Intersection tmprovernents at Rouse Avenue and Peach Street including lighting,
stgnalization, paving, curb'guuer, sidewalk, and storm drainage.
5.Intersectinn improvements at Rouse Avenue and Lamme Street including lighting,
signalization, paving, curbigutter, sidewalk, and storm drainage
Landowner agrees the City has the sole night to control the design and construction of such
impro\,ements 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 altemate 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 descnbed 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 27th day of September, 2021.
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LANDOWNER
1 imo by J.
STATE Of MONTANA )
:ss
COUNTY OF GAL.L.ATIN )
On this 27'h day of September,2021,before me, the undersigned,a Notary Puhlic for the State of
Montana, personally appeared Timothy J. Bell,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. `•.`:�,.
AC
IN WITNESS WHEREOF, I have hereyno'set:my h�rta���nd�afl' ed my official seal the day and
year first above written.
(SEA[.)
' Psin(e Name,lb�)S
,otaryl uu 1. for the State of
Restding,at,.- '
My Commiss n Expires:
(Use 4 digits for expiration y ar)
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