HomeMy WebLinkAbout23 - Waivers of Right to Protest - R. Otto Maly-GKT Bozeman Gateway, LLC - 22140 Texas Roadhouse #756 SP and SUP E 2794255
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City of Bozeman �-" INISC
Clerk 1111111�
PO Box 1230
Bozeman MT 59771-1230
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS
22140 Texas Roadhouse#756 SP and SUP
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
Tract 2A, of the Amended Plat of West College Minor Subdivision #195A being situated in the NW '/a of
Section 14, and the NE 1/4 of Section 15,Township 2 South, Range 5 East P.M M City of Bozeman Gallatin
County, Montana
(870 Harmon Stream Boulevard - Bozeman, MT 597151
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 and valuable
consideration, the receipt of which is hereby acknowledged, and in recognition of the impacts to
STREET IMPROVEMENTS TO GARFIELD STREET INCLUDING 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 districts or special improvement districts
for the design and engineering, construction and maintenance of following improvements:
a) Intersection improvements to the intersection of Huffine Lane and Fowler Ave lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
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b) Intersection improvements to the intersection of Huffine Lane and W College St lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
c) Intersection improvements to the intersection of Fowler Ave and Lincoln St lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
d) Street improvements to Fowler Ave between Ravalli and Lincoln, including lighting, signalization,
paving, curb/gutter, sidewalk, and storm drainage
e) Street improvements to W Garfield St between Fowler and Research including lighting, signalization,
paving, curb/gutter, sidewalk, and storm drainage
f) Street improvements to W Lincoln St between 23,d Ave and Fowler Ave, including lighting, signalization,
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.
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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 (1 day of January, 2023.
LANDO ER
GKT Bozeman Gateway, L.L.
a Missouri limited liability co pany
By: R. Otto Maly, Manager --
STATE OF MISSOURI )
ss.
COUNTY OF BOONE )
On this ) I th day of January 2023. before me, the undersigned, a Notary Public for the State
of Missouri, personally appeared R. OTTO MALY, Manager of GKT Bozeman Gateway, L.L.C.,
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)
DEBI BARTON Notary Public for the State of Missouri
Notary Public-Notary Seal
STATE OF MISSOURI
Comm,Number 13450605 Debi Barton(printed name)
Boone County
My Commission Ex Ires:Mar.26,2025
Residing at Columbia, Boone County, MO
My Commission Expires: -3(2-4,
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