HomeMy WebLinkAbout001 SID Waiver Inter-office Original to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman MT 549771-1230
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR UPLAND WAY—21394
The undersigned owner of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
A Tract of land in the Southwest One-quarter (SW1/4) of Section Thirty Five (35),
Township One (1) South, Range Five (5) East, Montana Principal Meridian, in the
City of Bozeman, 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:
streets and intersections 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:
a. Street improvements to North 271h Avenue/Thomas Drive from Oak Street to Cattail Lane,
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
b. Street improvements to Baxter Lane from 191h Ave to Davis Lance including lighting,
signalization,paving, curb/gutter, sidewalk, and storm drainage.
c. Street improvements to Davis Lane from Baxter Lane to Cattail Street including lighting,
signalization, paving, curb/gutter, sidewalk, and storm drainage.
d. Street improvements to Cattail Street from 19d'Avenue to Davis Lane including lighting,
signalization, paving, curb/gutter, sidewalk, and storm drainage.
e. Intersection improvements at Baxter Lane and North 271h Avenue/Thomas Drive
including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm
drainage.
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f. Intersection improvements at North 19th Avenue to Davis Lane including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
g. Intersection improvements at Cattail Street and North 271h Avenue/Thomas Drive
including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm
drainage.
h. Intersection improvements at Baxter Lane and Davis Lane including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
i. Intersection improvements at North 27th Avenue and Tschache Lane including lighting
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
j. Intersection improvements at North 271h Avenue and West Oak Street including lighting
signalization/channelization,paving, curb/gutter, sidewalk, and storm drainage.
k. Intersection improvements at Baxter Lane and North 19th Avenue 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.
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 9 day of , 2022.
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LANDOWNER NAME
LANDOWNER
By: NDOWNER NAME AND TITLE
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this day of /I/4 , 2022, before me, the undersigned, a Notary
Public for the State of Montana, pefsonally appeared V,(lic,y lJ Tf(owlo�. , 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 written.
(SEAL)
CHRIS BUDESKI
Z.P�S BU0Fs'.V. I Notary Public (Printed ame Here} �f(Ll,S if E5 N�
:'t0TA11 AZ-� for the State of Montana
Residing at: Notary Public for the State of 177oyr-->kx
c*i3.SEAL :w Bozeman, Montana Residing at 11�pacc- A,(-tt
V"''; My Commission Expires: Nj ClSSl Expires:
November 26.2023 yOmm on h Nmc� Zh 2-oZ,5
(Use 4 digits for expiration year)
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