HomeMy WebLinkAbout22- Waiver of Right to Protest - Creation of SID - University CrossingReturnDocumentto:
Bozeman CityClerk
P.O.Box 1231
Bozeman,MT 59717-1231
2782473
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WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR:19 CAPITAL GROUP LLC
I,the undersigned Owner of the realpropertysituatedinthe County of Gallatin,Stateof
Montana,and more particularlydescribed as follows:That part of Lot lA,Minor Subdivision
No.191-B,according to the platthereof,on fileand of record in the officeof 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.,GallatinCounty,Montana,describedas follows:
Beginning at the Southeast Corner of Lot lA,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 northeasterly036°21'41"azimuth 43.18 feet;
thence northeasterly041°08'l1"azimuth 38.65 feet;thence easterly079°1l'35"azimuth
13.96 feet;thence northeasterly028°55'08"azimuth 40.92 feet;thence northerly
011°40'28"azimuth 88.79 feet;thence northerly008°52'58"azimuth 63.19 feet;thence
northerly007°19'59"azimuth 85.74 feetto the centerlineof Kagy Boulevard;thence
easterly091°23'42"azimuth 173.58 feet along said centerline;thence southwesterly
181°03'08"azimuth 291.94 feettothe pointof beginning.
IN CONSIDERATION of receivingfinalapproval from the City of Bozeman for the
UniversityCrossing (COB #21327),along with accompanying rightsand privilegesand forother
valuable consideration,the receiptof which ishereby acknowledged,and in recognitionof the
impacts to City transportationand infrastructuresystems that will be generated by the
development of the above-described property,do hereby for ourselves,our heirs,personal
representatives,successorsand assigns,waive the rightto protestthe creationof one or more
SpecialImprovement Districts(SIDs)forthefollowing:
a.Street improvements to West Kagy Boulevard,including paving,cub/gutter,
sidewalk and storm drainage.
b.Streetimprovements to South 19*Avenue includingpaving,curb/gutter,sidewalk
and storm drainage.
c.Street improvements to South 27th Avenue,including paving,curb/gutter,
sidewalk,and storm drainage.
d.Intersectionimprovements for West Kagy Boulevard and South 19*Avenue,
includinglighting,signalization/channelization,paving,curb/gutter,sidewalk,and
storm drainage.
e.Intersectionimprovements at West Kagy Boulevard and South 27th Avenue,
includinglighting,signalization/channelization,paving,curb/gutter,sidewalk,and
storm drainage.
Or to make any writtenprotestagainstthe proposed work or againstthe extentor creationof the
districts(SIDs)to be assessed in response to a duly passed resolutionof intentionto createone or
more specialimprovement districtswhich would includethe above-describedproperty.
Landowner agrees the City has the sole rightto control the design and constructionof such
improvements and may include any of the above components and others necessary to ensure
such improvements comply with alladopted City infrastructureplans and requirements.Further,
the Landowner waives itsrightor to make any writtenprotestagainstthe sizeor area or creation
of the districtbe assessed in response to a duly passed resolutionof intentionto createone or
more specialimprovement districtswhich would includetheabove-describedproperty.
In the event an SID is not utilizedfor the completion of these improvements,the
developer agrees to participatein an alternatefinancing method for the completion of said
improvements on a fairshare,proportionatebasisas determined by square footage of property,
taxable valuationof the property,trafficcontributionfrom the development or a combination
thereof.
This waiver shallbe a covenant running with the land and shallnot expire with the
dissolutionof the Property Owners Association,provided however thiswaiver shallapply to the
lands hereindescribed.
The terms,covenants and provisionsof thiswaiver shallextend to,and be binding upon
the successors-in-interestand assignsof theLandowner.
DATED this day of ,2022.
By:
D Hitchcock,member
STATE OF MONTANA )h
County of
This instrumentwas signed or acknowledged before me this day of
2022,by
(SEAL
,,,KIRSTEN L SMITH
Notary Publicfor e tateof Mo a fortheStateo ontana
Print Nam :.i Residingat:
hid
SEAL Manhattan,Montana
My CommissionExpires:
My Commission ExpiresCB //B /20 ,...,,o August18,2022
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