HomeMy WebLinkAboutWaiver of RTP_2704919J-680
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2704919
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WAIVER OF RIGHT TO PROTEST CREATION OF
SPECIAL IMPROVEMENT DISTRICTS FOR STREET IMPROVEMENTS
NELSON MEADOWS SUBDIVISION
The undersigned owner of the realproperty situatedin the County of Gallatin,Stateof
Montana,and more particularlydescribedas follows:
Tract 1C of COS 1372B located in Section 22,T1S,R5E,Gallatin County,MT.
AND
Tract 1D C of COS 1372 located in Section 22,TIS,R5E,Gallatin County,MT.
AND
The Northeast Quarter of the Northeast Quarter (NE¼NE¼)and the East
Half of the East Half of the West Half of the Northeast Quarter (E½E½W½NE¼)
of Section Twenty-seven (27),Township One (1)South,
Range Five (5)East,M.P.M
IN CONSIDERATION of receivingapprovalforsubdivisionofthe subjectpropertyfrom
the City of Bozernan,along with accompanying rightsand privilegesand for other and valuable
consideration,the receiptof which ishereby acknowledged,and in recognitionof the impacts to
Nelson Road,Frontage Road,East Valley Spur,and Prince Lane which will be caused by the
development of the above-described property,the owner has waived and does hereby waive for
itself,itssuccessorsand assigns foreverthe rightto protestthe creationof one or more special
improvement districtsforthe constructionand maintenance of followingimprovements:
Page 1 of 3
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Bozeman CityClerk
PO Box 1230
Bozeman MT 59771
1)Streetimprovements to East Valley Spur includingpaving,curb and gutter,sidewalk,
lightingand storm drainage facilities;
2)Intersectionimprovements toEast Valley Spur and Frontage Road;
3)Intersectionimprovements toPrinceLane and Frontage Road;
or to make any writtenprotestagainstthe sizeor area or creationof the districtbe assessedin
response to a duly passed resolutionof intentionto createone or more specialimprovement
districtswhich would includethe above-describedproperty.
In the event an SID isnot utilizedforthe completion of theseimprovements,thedeveloper
agrees toparticipatein an alternatefinancingmethod forthe completion of saidimprovements on
a fairshare,proportionatebasisas determined by square footageof property,taxablevaluationof
the property,trafficcontributionfrom the development or a combination thereof.
This waiver ismade for the benefitof the property describedhereinshallbe a covenant
running with the land.
The terms,covenants and provisionsof thiswaiver shallextend to,and be binding upon
the successors-in-interestand assignsof the Landowner.
DATEDthis //dayof Ò6c6+44 a ,2019.
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Bozeman CityClerk
PO Box 1230
Bozeman MT 59771
LANDOWNER
STATE OF MONTANA )
:ss
COUNTY OF )
On this //day of (4 ,2 ,b ore me,e undersigned,a
Notary Public forthe Stateof Montana,personallyappeared known tome
to be the person thatexecuted the withininstrument,and acknowledged tome thathe executedthe
same on behalf of BarTimCo,LLC.
IN WITNESS WHEREOF,I have hereunto setmy hand and affixedmy officialsealthe
day and year firstabove written.
(PrintedName Here)
COREEN A GORE Notary Publicf the Stateof |
o fortheStat a ontana Residing at (,bp·(,u
Residingat:My Commission Expires 4(,xf 2 20 2 /
SEAL uvingston,Montana
(Use 4 digitsforexpiration ear)
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Bozeman CityClerk
PO Box 1230
Bozeman MT 59771
WAIVER OF RIGHT TO PROTEST CREATION OF
SPECIAL IMPROVEMENT DISTRICTS FOR STREET IMPROVEMENTS
NELSON MEADOWS SUBDIVISION
Lots 4,5,6 of Block 3,Lots 2 and 3 of Block 5,and Lot 1 of Block 6.
The undersigned owner of the realproperty situatedin the County of Gallatin,Stateof
Montana,and more particularlydescribedas follows:
Tract 1C of COS 1372B located in Section 22,T1S,R5E,Gallatin County,MT.
AND
Tract 1D C of COS 1372 located in Section 22,T1S,R5E,Gallatin County,MT.
AND
The Northeast Quarter of the Northeast Quarter (NE¼NE¼)and the East
Half of the East Half of the West Half of the Northeast Quarter (E½E½W½NE¼)
of Section Twenty-seven (27),Township One (1)South,
Range Five (5)East,M.P.M
IN CONSIDERATION of receivingapproval forsubdivisionof the subjectpropertyfrom
the City of Bozeman,along with accompanying rightsand privilegesand forotherand valuable
consideration,thereceiptof which ishereby acknowledged,and inrecognitionofthe impactsto a
futurelocalstreetalong thenorthernpropertyboundary,which willbe caused by thedevelopment
of the above-described property,the owner has waived and does hereby waive for itself,its
successorsand assignsforevertherighttoprotestthecreationofone ormore specialimprovement
districtsfortheconstructionand maintenance of following improvements:
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Bozeman CityClerk
PO Box 1230
Bozeman MT 59771
1)Streetimprovements to the localstreetalong the northern property boundary of the
Nelson Meadows Subdivision,includingpaving,curb and gutter,sidewalk,lighting
and storm drainagefacilities;
or to make any writtenprotestagainstthe sizeor area or creationof the districtbe assessed in
response to a duly passed resolutionof intentionto createone or more specialimprovement
districtswhich would includethe above-describedproperty.
In theevent an SID isnot utilizedforthe completion of theseimprovements,thedeveloper
agreesto participatein an alternatefinancingmethod forthe completion of saidimprovements on
a fairshare,proportionatebasisas determined by square footageof property,taxablevaluationof
the property,trafficcontributionfrom the development or a combination thereof.
This waiver ismade for the benefitof the propertydescribedherein shallbe a covenant
running with the land.
The terms,covenants and provisionsof thiswaiver shallextend to,and be binding upon
the successors-in-interestand assignsof the Landowner.
DATED this day of a on ,2019.
Page 2 of3
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Bozeman CityClerk
PO Box 1230
Bozeman MT 59771
LANDOWNER
Title:
STATE OF MONTANA )
COUNTY OF )
On this day of ,2019,b fore me,t undersigned,a
Notary Public forthe Stateof Montana,personallyappeared known tome
tobe theperson thatexecuted the withininstrument,and acknowledged tome thathe executed the
same on behalfof BarTimCo,LLC.
IN WITNESS WHEREOF,Ihave hereunto setmy hand and affixedmy officialsealthe
day and year firstabove written.
COREEN A GORE (PrintedName Here)
o fortheFtat o antana o y u icfora me o
nidingat:Residing at AM/>y)
ssion les:My Commission Expiref:C 2t4r./ET 20 2
June28,2021 (Use 4 digitsforexpirationyear)
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