HomeMy WebLinkAbout1825 Kagy SID Waiver Inter-office Ori ink al to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman MT 59771-1230
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS
1825 KAGY BOULEVARD 22313
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
REMINGTON ADD, S13,T02 S,R05 E,Lot 7,ACRES 2.89, PLAT I20
REMINGTON ADD, S13, T02 S, R05 E,ACRES 0.46,REARR PORTION LOT 2,ALL 6
TRACT B
IN CONSIDERATION of receiving approval for 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 South
19111 Avenue and West Kagy Boulevard 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, constriction and maintenance of following improvements: lighting,
paving and subgrade material, fiber optic conduit, curb/gutter, sidewalk, storm drainage facilities, and
traffic signals for:
a. Street improvements to W Kagy Blvd between 1 Ith Ave and 27th Ave including lighting,
signalization, paving, curb/gutter, sidewalk, and storm drainage.
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b. Intersection improvements at W Kagy Blvd and 19th Ave including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
c. Intersection improvements at 19th Ave and W Lincoln St including lighting,
signalization/channelization,paving, curb/gutter, sidewalk, and storm drainage.
d. Intersection improvements at Stucky Rd and 19th Ave including lighting,
signalization/channelization,paving, curb/gutter, sidewalk, and storm drainage.
e. Intersection improvements at W Garfield St and 19th Ave including lighting,
signalization/channelization,paving, curb/gutter, sidewalk, and storm drainage.
Landowner agrees the City has the sole right to control the design and constriction 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 day of , 2021.
LANDOWNER
Re alton Development
By: Nick Walton
Title: President&CEO
STATE OF M
:SS
COUNTY OF 1� )
On this day of ,202 3,before me, the undersigned, a Notary Public
for the State of Mi Y1r1�Sb3Yn ,personally appeared 1,3 CC V DJO-CS WCAI+rn ,
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 WEOF,I have hereunto set my hand and affixed my official seal the day and
year first above written
(SEAL)
(Printed Name Here)
dTM��a� STEPHANIE A FRANCIS Notary Public for the State of
�'' q Notary Public Residing State of Minnesota g at M li
� - My Commission Expires My Commission Expires: of 2$�
January 31,2028
(Use 4 digits for expiration year)
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