HomeMy WebLinkAbout5-13 Instrument #2268045 2695 Tschache Lane
SPR RC-1
02.17.2023
Inter-office Oriuinal to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman,MT 59771-1230
WAIVER OF RIGHT TO PROTEST
CREATION OF A SPECIAL IMPROVEMENT LIGHTING DISTRICT
(FOR BAXTER APARTMENTS MINOR SUBDIVISION,PHASE 1)
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
All lots, public park and private open space platted within Baxter Apartments Minor
Subdivision Phase 1, located within Lot 1 of Minor Subdivision 404A, Section 2 (S02),
Township 2 South (T02S),Range 5 East(115E),P.M.M., Gallatin County,Montana.
IN CONSIDERATION of receiving approval for Final Plat 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 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 a special improvement lighting
district for the maintenance and operation of the street lighting improvements as illustrated on the plans
and specifications contained in the City of Engineering Department and Planning Department Files.
Landowner agrees that once the street lighting improvements have been installed by the
landowner and accepted by the City,the City has the sole right to control the operation and maintenance
of such improvements and may include any work necessary to ensure such improvements comply with
all adopted City infrastructure plans and City design standard requirements. Further, the Landowner
waives its right to make any written protest against the creation of the district to be assessed,the method
of assessments, or the size or area of the district in response to a duly noticed and passed resolution of
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intention to create a special improvement lighting district which would include the above-described
property.
In the event a special improvement lighting district is not utilized for the completion of these
improvements,the Landowner agrees to participate in an alternate financing method for the maintenance
and operation of the improvements on a fair share, proportionate basis as determined by the City on the
basis of the proportion of each property's frontage abutting or bordering a street,the area each property
bears to the area of the entire district, the taxable valuation each property bears to the valuation of the
entire district,or equally against each property included in the district.
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 18th day of January, 2023.
LANDO WN
Bozeman Property ner LLC,
a Montana limited liability company
By: Zachary Ponsky
Title: Principal
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STATE OF OHIO )
:ss
COUNTY OF CUYAHOGA )
On this 18th day of January, 2023,before me,the undersigned, a Notary Public for the State of
Ohio,personally appeared Zachary Ponsky,known to me to be the Principal of Bozeman Property
Owner LLC 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 m hand and affixed my official seal the day and
year first above written.
U MARC H. FELDMAN, k".
0 ATTORNEY AT LAW
NOTARY PUBLIC Marc Fel an E
• ['f J e STATE OF OHIO
` s Notary Public for the State of Ohio
UC sec 147.03 O.R.C. Residing at 1999 Circle Drive, Cleveland, OH 44106 SZ P
My Commission Expires: N/A
(Use 4 digits for expiration year)
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