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Home My WebLink About010 SID Waiver - Recorded Inter-office Original to: City of Bozeman City Clerk PO Box 1230 Bozeman MT 549771-1230 2777757 Pao- 1 01 6 0610712.22 11:35.55 AM Fea $48 00 Er1c 5amarad - Gallatin County, MT mist 111119111111IICI11111111111119I1111110111111n11111IIIf il1111111111111 WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR THOMAS DRIVE ANNEXATION The undersigned owner of the real property situated in the County of Gallatin, State of Montana,and more particularly described as follows: The tract of land being the South Half of the South Half of the North Half of the Northeast Quarter of the Southwest Quarter,shown as Tract I on Certificate of Survey No. 2856; and the North Half of the South Half of the Northeast Quarter of the Southwest Quarter, all in Section 35,Township I South,Range 5 East, P.M.M.,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: streets and intersections 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 North 27th Avenue(Thomas Drive)between Barter Lane and Catamount Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b) Street improvements to Davis Lane between Baxter Lane and Cattail Street including lighting,signalization,paving,curb/gutter,sidewalk,and storm drainage. c) Street improvements to Hunters Way(Blackbird Drive)between Baxter Lane and Cattail Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. I 2777757 Page 2 of 6 06/07/2022 11:35:55 AM d) Street improvements to Windward Way(Park Creek Avenue)between Baxter Lane and Cattail Street including lighting,signalization, paving,curb/gutter,sidewalk,and storm drainage. e) Street improvements to Equestrian Lane(Sartain Street)between Davis Lane and North 19th Avenue including lighting,signalization, paving,curb/gutter,sidewalk, and storm drainage. t) Street improvements to Rawhide Ridge between North 19th Avenue and Hunters Way including lighting,signalization,paving,curb/gutter,sidewalk,and storm drainage. g) Street improvements to Kimberwicke between Davis Lane and North 19th Avenue including lighting,signalization,paving,curb/gutter,sidewalk,and storm drainage. h) Street improvements to Cattail Street between Davis Lane and North 19th Avenue including lighting,signalization,paving,curb/gutter,sidewalk,and storm drainage. i) Street improvements to Hoover Way between Georgia Marlie Lane and the subject property including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. j) Street improvements to Renee Way between Georgia Marlie Lane and the subject property including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. k) Intersection improvements at Cattail Street and North 27th Avenue including lighting, signal ization/channelization,paving,curb/gutter,sidewalk,and storm drainage. 1) Intersection improvements at Cattail Street and Davis Lane including lighting, signal ization/channelization,paving,curb/gutter,sidewalk,and storm drainage m) Intersection improvements at Cattail Street and North 19th Avenue including lighting, signal ization/channelization,paving,curb/gutter,sidewalk,and storm drainage n) Intersection improvements at Baxter Lane and Davis Lane including lighting, signalization/channelization,paving,curb/gutter,sidewalk,and storm drainage o) Intersection improvements at North 27th Avenue and Baxter Lane including lighting, signal ization/channelization,paving,curb/gutter,sidewalk,and storm drainage 2 2777757 Page 3 of 6 06/07/2022 11:35:55 AM 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 _day of �)��1,2, ,20_. 3 2777757 Page 4 of 6 06/07/2022 11:35:55 AM O'Reilly Partnership LL STATE OFF ) )ss. County of �`��•� ) On this�_day of •)t iR t 20ZL,before me the undersigned,a Notary Public for the State of Montana,personally appeared L)ehrrrch 0 Qej(N,i,known to me to be MerY)7Cl of Sewn o-t govrn and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of 0'Qo:l by +mac,-tnesar LL L IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written aur . CHNotteryBD'ESKI ic (Printed Name) oi►++rn.'I lgrSt ?l Xt?ofiding Montana Notary Public for the State of �tl�Gflfn SEAL-� lBoznn eran,Montana Residing at Pxge n /V17 `I CF t My Commission Expires: M November 26,2023 My Commission Expires A bueftdo ' 2fot�z3 4 2777757 Page 5 of 6 06/07/2022 11:35:55 AM By- 4 Clovers LLC STATE OF m01 0,&\, ) )ss County of On this__(,;,__day of 207—Z,before me the undersigned,a Notary Public for the Stale of Montana,personally appeared cell,hm, Ot P4-1i,� ,known to me to be ftlehi+Iu '__ of Sgu„ ov- se't and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of q CItva, ILL IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. CHRIS BUOESKI �V51! i Primed Name) � •"'• � Notary PubNe I "'O .A VT%'tgXle or montane Notary Public for the State of_�cndtno` AL=" siding et: SE Bozeman.Montana Residing at -M—r My com-1won Expires: November26,2023 My Commission Expires_ -vrm_ixr 2r,2 5 2777757 Page 6 of 6 06/07/2022 11:35:55 AM Seven Ox Seven LLC STATE OF )ss County of ll� ) On this 2 day of t�tu ut . 20�T before me the undersigned,a Notary Public for the State of Montana,personally appeared JP-ut__ Che_L2 _,known to me to be i�1Gr�'H(/` of Sp\'al\ � Se\In and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of Sew Ox Sw,u LLC_ IN WITNESS WHEREOF,i have hereunto set 7ni nd and affixed my Notarial Seal the day and year first above written. Ns eiipF. CHRIS BUDESKI j Notary Public (Printed Name) .'koVhg4i. for the State or Montana ;. -- ., . Notary Public for the State of MC -1A SEA[ (SEP�);imnp at* ,'s, Bozoman Mo ntana n `.` MyCommlcslonExpiresResiding at �;Xi>?[✓, '"^•°F" `` Narember 26.203 _ My Commission Expires Ai&"CrAvc- 2ro, ZL23 6