HomeMy WebLinkAboutWaiver of SIDS Inter-office Original to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman MT 59771-1230
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS
(ADDISON PLACE CONDOMINIUMS—COB No 2208111
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
[Lot 4, Baxter Lane Subdivision NO. 1 [Plat H-15], Located in the SW 1/, Section 35,
Township 1 South,Range 5 East of P.M.M., City of Bozeman, Gallatin County,Montana]
IN CONSIDERATION of receiving approval for receiving site plan approval 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 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 Sartain Street between Hoover Way and 19th Avenue including
lighting, signalization,paving, curb/gutter, sidewalk, and storm drainage.
2. Street improvements to 27th Avenue between Cattail Street and Baxter Lane including lighting,
signalization,paving, curb/gutter,sidewalk, and storm drainage.
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3. Street improvements to Thomas Drive between Cattail Street and Baxter Lane including
lighting, signalization,paving, curb/gutter, sidewalk, and storm drainage.
4. Street improvements to Buckrake Avenue between Sartain Street and Baxter Lane including
lighting, signalization,paving, curb/gutter, sidewalk, and storm drainage.
5. Intersection improvements at 27 h Avenue and Baxter Lane including lighting,
signalization/channelization,paving, curb/gutter, sidewalk, and storm drainage.
6. Intersection improvements at 27th Avenue and Sartain Street including lighting,
signalization/channelization,paving, curb/gutter, sidewalk, and storm drainage.
7. Intersection improvements at Thomas Drive and Sartain Street including lighting,
signalization/channelization,paving, curb/gutter, sidewalk, and storm drainage.
8. Intersection improvements at 27th Avenue and Cattail Street including lighting,
signalization/channelization,paving, curb/gutter, sidewalk, and storm drainage.
9. Intersection improvements to Buckrake Avenue and Sartain Street including lighting,
signalization/channelization,paving, curb/gutter, sidewalk, and storm drainage.
10. Intersection improvements to Buckrake Avenue and Baxter Lane including lighting, `I
signalization/channelization,paving, curb/gutter, sidewalk, and storm drainage.
11. Intersection improvements to 19th Avenue and Sartain Street 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
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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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rd
DATED this d 3 day of LiR its , 2022.
Grantor: ABS, LLC, a Montana limited liability company
B on Bas , e er By: Davi Kent Simonson,Member
`By: W. J. Ap em r
STATE 6F MONTANA )
) ss.
County of Gallatin )
On this � _
Z3 day of 4vS , M0 before me, the undersigned,a Notary Public
for the State of VVL..,, 6.,w c-, personally appeared TA4o�,.
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 writt
DAVID PALMER
( �) Notary Public
aP l Jfor the State of Montana
.NOTARIAC. Residing at: >
* *' Bozeman, Montana `/°t'`� � � wt,-e
;, .SEAT,:Q_ Expires, _
y �?< My Commissio2�Zg (Printed Name Here)
OF .'° June 24, Notary Public for the State of IN6
Residing at t3a z c wAc.,_
My Commission Expires: tD C_7-'{-&,Z 6
(Use 4 digits for expiration year)
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