HomeMy WebLinkAbout07 Trout Meadows Ph3 SID Waiver_DRAFT 1
Inter-office Original to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman MT 549771-1230
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS
TROUT MEADOWS PHASE 3 APARTMENTS
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
Lots 1A and 6A in Block 5 & Lots 6A and 7A in Block 6 of the Amended Plat of Lots 1-10 in
Block 5 & Lots 1-11 & OSPA 1 in Block 6 of the Plat of Cattail Lake Subdivision, Phases 1 &
2, located in the SW1/4 of Section 26, T1S, R5E, 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 Davis Lane and
Cattail Street 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,
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construction and maintenance of following improvements: lighting, paving and subgrade material,
fiber optic conduit, curb/gutter, sidewalk, storm drainage facilities, and traffic signals for:
a. Street improvements to Davis Lane from East Valley Center to Baxter Lane including
paving, curb/gutter, sidewalk, and storm drainage.
b. Street improvements to Cattail Street from Ferguson Avenue to North 27th Avenue
including paving, curb/gutter, sidewalk, and storm drainage.
c. Intersection improvements to Cattail Street and Davis Lane.
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.
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DATED this _____ day of ____________________, 20 .
LANDOWNER
______________________________________________
By:
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this _____ day of _______________, 20 , 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)