HomeMy WebLinkAbout023 WaiverofSIDs_DraftRETURN RECORDED DOCUMENT TO:
Bozeman City Clerk
PO Box 1231
Bozeman, MT 59771-1231
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS
THE LOFTS ON BEALL (#21230)
FOR: Lot 2 Block 3 Kirk 2nd Sub. (S12, T2S, R5E), Plat F-37
The undersigned owner of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
Lot 2 Block 3, Kirk 2nd Sub., S12, T2S, R5E, Gallatin County, Montana, Plat F-37, on
file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, City of
Bozeman.
IN CONSIDERATION of receiving approval for site plan approval 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 City
transportation and infrastructure systems 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:
1. Street improvements to 15th Avenue between Main Street and Durston Road
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
2. Street improvements to Main Street between 19th Avenue and 7th Avenue including
lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
3. Street improvements to Beall Street between 19th Avenue and 15th Avenue including
lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
4. Intersection improvements at 15th Avenue and Beall Street including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
5. Intersection improvements at 15th Avenue and Main Street including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
6. Intersection improvements at 15th Avenue and Durston Road including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
7. Intersection improvements at Beall Street and 19th Avenue including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
8. Intersection improvements to Main Street and 19th Avenue including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
9. Intersection improvements to Main Street and 11th Avenue including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
10. Intersection improvements to Main Street and 7th Avenue including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
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 ___________________, 20_____.
DCI Financial Services LLC
_________________________________________
By: Michael Dundon
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this ________ day of ____________________, 2021, 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)