HomeMy WebLinkAbout020 Gran Cielo II - SID Waiver Draft
1
Inter-office Original to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman MT 59771-1230
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR GRAN CIELO II – 22090
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
The tract of land being Tract 1 of Certificate of Survey No. 2074 and Tract A of Certificate
of Survey No. 1861, all located in the North Half of the Southwest Quarter of Section 23,
Township 2 South, Range 5 East, P.M.M., 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 street and intersection
improvements to South 27th Avenue, Stucky Road, West Graf St., S 19th Avenue, Blackwood Road and
Fowler Ln., 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: lighting, paving and subgrade material,
private utility conduit, curb/gutter, sidewalk and storm drainage facilities for:
a. Street improvements to S. 27th Avenue between Stucky Road and Blackwood Road
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
b. Street improvements to Stucky Road between Fowler Lane and South 19th Avenue
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
2
c. Street improvements to West Graf Street between Fowler Lane to South 19th Avenue
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
d. Street improvements to Fowler Lane between Blackwood Road and Stucky Road
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
e. Intersection improvements at South 27th Ave and West Graft Street including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
f. Intersection improvements at Fowler Lane and West Graf Street including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
g. Intersection improvements at West Graf Street and South 19th Ave including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
h. Intersection improvements at Stucky Road and South 19th Avenue including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
i. Intersection improvements to Fowler Lane and Stucky Road including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
j. Intersection improvements to Fowler Lane and Blackwood Road 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.
3
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 , 202__.
GRANTOR – Bozeman Haus, LLC
By:
its: ___________________________
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 of and the person whose name is subscribed to the
within instrument and acknowledged to me that he executed the within instrument for and on behalf of
Cadius Partners LP.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written.
_______________________________________
(Printed Name)
(SEAL) Notary Public for the State of _______________
Residing at _____________________________
My Commission Expires ___________________