HomeMy WebLinkAbout013_Thriftway_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 DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS
THRIFTWAY SUPER STOP APPLICATION#20453
The undersigned owner of the real property situated in the County of Gallatin,State of Montana,and more
particularly described as follows:
S35, TO S, R05 E, C.O.S. 2970, ACRES 5.036, S25W4SW4SW4
IN CONSIDERATION of 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
A. Street improvements to Baxter Lane between 19th Avenue and Harper Puckett Road
including lighting, signalization,paving, curb/gutter,sidewalk, and storm drainage.
B. Street improvements to Davis Lane between Oak Street and East Valley Center Road including lig
hting, signalization,paving, curb/gutter,sidewalk,and storm drainage.
C. Intersection improvements at 19th Avenue and Baxter Lane including lighting, signalization/chan
nelization, paving,curb/gutter, sidewalk, and storm drainage.
D. Intersection improvements at Baxter Lane and Davis Lane including lighting, signalization/charm
elization, paving,curb/gutter, sidewalk, and storm drainage.
E. Intersection improvements at Baxter Lane and 27th Avenue including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
F. Intersection improvements at Baxter Lane and Ferguson Avenue including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
G. Intersection improvements to Davis Lane and Oak Street including lighting, signalization/channeli
zation,paving, curb/gutter, sidewalk, and storm drainage.
H. Intersection improvements to Davis Lane and Cattail Street including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
I. Intersection improvements to Davis Lane and Catamount Street including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
J. Intersection improvements to Davis Lane and East Valley Center Road including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
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
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districts or special improvement districts for the design and engineering, construction and maintenance of
following street improvements: including paving, curb/gutter, sidewalk, and storm drainage, and intersections.
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 L day of � �PLU D r , 2022.
LANDOWNER
Sutey, LLC
By:
I s:
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this �i day of '-ergs , 2022, before me, the undersigned, a Notary Public
for the State of Montana, personally appe red (.n ki h Z�I 'LV , known to me to be
the landowner-that executed the within instrument, and acknowled ed to me that they executed the
same for and on behalf of landowner.
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL) Lk
(Printed Name Here)
Notary Public for the State
11 of
Andrew Langemeier Residing at
NOTARY PUBLIC for the My Commission Expires: 1.
STATE OF MONTANA
SEAL j �T Residing in Butte,Montana (Use 4 digits for expiration year•)
�* My Commission Expires
June 12,2024
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