HomeMy WebLinkAbout013 - SID Waiver (Kagy Street Improvements) Return to:
Bozeman City Clerk
PO Box 1230
Bozeman, MT 59771-1230
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS
[1801 and 1805 WILLOW WAY ANNX and ZMA—23-0161
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
The property described in Document No. 2542963, files of the office of the Clerk and Recorder,
Gallatin County, Montana, and being parts of Lot 8 and Lot 7, BEATTY'S SUBDIVISION [Plat E-
261, according to the plat thereof, on file and of record in the office of the Clerk and Recorder,
Gallatin County, Montana, and located in the Southwest Quarter of Section 13, Township 2 South,
Range 5 East of P.M.M., Gallatin County, Montana.
IN CONSIDERATION of receiving approval for annexation of the subject property from the
City of Bozeman, along with accompanying rights and privileges and for other good and valuable
consideration, the receipt of which is hereby acknowledged, and in recognition of the impacts to street
improvements to Kagy Boulevard between South 19th Ave. and South 11,h Ave., 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:
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a) Design and Engineering
b) Paving and Subsurface improvements
c) Curb and Gutter
d) Sidewalk and Stormwater Drainage Facilities
e) Fiber Optic Conduit
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.
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DATED this A�iday of '{� u,vz�v , 20 3
Grantor: 1805 Willow Way, LLC, a Montana limited liability company
By: RSRIP II, LLC, a Montana limited liability company, Managing Member
Jeffrey L- > m, Manager
STATE OF MONTANA )
)ss.
County of Gallatin )
This instrument was signed or acknowledged before me this 1.—I day of 2023,
by Jeffrey L. Rolquin as Manager of RSRIP II, LLC, a Montana limited liability company, Managing
Member of 1805 Willow Way, LLC, a Montana limited liability company.
I� KAYLA G
YLA
Notary Public
Notary Public for the State of Montana = :.No7^RIA4. for the state of Montana
Residing at:
Printed Name: krI ii a &i . <N,
SEAL.��; Bozeman, Montana
Residing at P2 �G.t✓lu'o r 1 T °9�oF'Mo�P`' My Commission Expires:
December 1, 2026
My Commission Expires lz/ t /20 ZV
Grantor: 1801 Willow Way, LLC, a Montana limited liability company
By: RSRIP II, LLC, a Montana limited liability company, Managing Member
By: Jeffrey L. Rolquin, Manager
STATE OF MONTANA )
)ss.
County of Gallatin )
This instrument was signed or acknowledged before me this day of 2023,
by Jeffrey L. Rolquin as Manager of RSRIP II, LLC, a Montana limited liability company, Member of
1801 Willow Way, LLC, a Montana limited liability company.
Notary Public for the State of Montana
Printed Name:
Residing at
My Commission Expires_/ /20
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