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HomeMy WebLinkAbout016 Appendix H - Waiver of SIDSRETURN RECORDED DOCUMENT TO: Bozeman City Clerk PO Box 1231 Bozeman, MT 59771-1231 WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR: Norton East Ranch Subdivision, Phase 5 I, the undersigned Owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Lot R1, Norton East Ranch Subdivision, Phase 3A, located in N 1/2, Sec. 9, T. 2 S., R. 5 E. of P.M.M., Gallatin County, Montana. IN CONSIDERATION of receiving plat approval from the City of Bozeman for the Norton East Ranch Subdivision, Phase 5, along with accompanying rights and privileges and for other valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the impacts to City transportation and infrastructure systems that will be generated by the development of the above-described property, do hereby for ourselves, our heirs, personal representatives, successors and assigns, waive the right to protest the creation of one or more special improvement districts (SID’s) for the following: 1. Street improvements to Cottonwood Road including paving, curb/gutter, sidewalk, and storm drainage. 2. Street improvements to Laurel Parkway including paving, curb/gutter, sidewalk, and storm drainage. 3. Street improvements to West Babcock including paving, curb/gutter, sidewalk, and storm drainage. 4. Street improvements to Durston Road including paving, curb/gutter, sidewalk, and storm drainage. 5. Street improvements to Gooch Hill Road including paving, curb/gutter, sidewalk, and storm drainage. 6. Intersection improvements to Laurel Parkway and Durston. 7. Intersection improvements to Laurel Parkway and West Babcock Street. 8. Intersection improvements to Laurel Parkway and Huffine Lane. 9. Intersection improvements to Cottonwood Road and Huffine Lane. 10. Intersection improvements to Cottonwood Road and West Babcock Street. Or to make any written protest against the proposed work or against the extent or creation of the districts (SID’s) to 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 an SID 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 square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. This waiver shall be a covenant running with the land and shall not expire with the dissolution of the limited liability company, provided however this waiver shall apply to the lands herein described. 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___. PROPERTY OWNER: Norton Properties, LLC, an Oregon limited liability company __________________________________________ By: ____________________ Its:_____________________ STATE OF _____________ ) ) ss. County of _______________ ) This instrument was signed or acknowledged before me this ____ day of __________________, 20___, by _________________, as ____________ of Norton Properties, LLC, an Oregon limited liability company. (SEAL) ____________________________________ Notary Public for the State of ____________ Printed Name: ________________________ Residing at My Commission Expires _____/ /20 G:\C&H\16\161141\Easements And Waivers\Waiver Of SIDS.Docx