HomeMy WebLinkAbout014 SID waiver - to Sign 1
Inter-office Original 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
BOULDER CREEK APARTMENTS PHASE 2 (#21288)
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
FOR LOTS 3 & 4 BLK 5 BOULER CREEK SUBDIVISION PHASE 1 LOCATED IN
SOUTH 1/2, SECTION 04, T2S, R5E P.M.M. CITY OF BOZEMAN, GALLATIN COUNTY,
STATE OF MONTANA. PLAT J-633
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
Catamount Street, Jamboree Way, West Oak Street, Annie Street, North Cottonwood, North Laurel
Parkway, Durston Road 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: lighting, paving and subgrade
material, curb/gutter, sidewalk, and storm drainage facilities:
a. Intersection improvements to Catamount Street and Jamboree Way including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
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b. Street improvements to West Oak Street including paving, curb/gutter, sidewalk, and
storm drainage
c. Street improvements to Annie Street including paving, curb/gutter, sidewalk, and storm
drainage
d. Street improvements to North Cottonwood Road including paving, curb/gutter,
sidewalk, and storm drainage
e. Street improvements to North Laurel Parkway including paving, curb/gutter, sidewalk,
and storm drainage
f. Intersection improvements to West Oak Street and North Laurel Parkway including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm
drainage.
g. Intersection improvements to West Oak Street and North Cottonwood Road including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm
drainage.
h. Intersection improvements to Durston Road and North Cottonwood Road including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm
drainage.
i. Intersection improvements to Annie Street and North Laurel Parkway including
lighting, signalization/channelization, 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
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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 _____ day of __________________, 2022.
LANDOWNER
______________________________________________
Rosa Johnson Development, LLC
By:
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this ________ day of ____________________, 2022, before me, the undersigned, a Notary Public
for the State of Montana, personally appeared_____________________________, 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.
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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)
_________________________________________
(Printed Name Here)
Notary Public for the State of _________
Residing at _______________________
My Commission Expires:____________
(Use 4 digits for expiration year)