HomeMy WebLinkAbout010_SID waiver 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 WARBLER CONDOS - 22365 The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
LOT 3, BLOCK 21 OF PHASE 3 OF THE CATTAIL CREEK SUBDIVISION. LOCATED IN
THE NORTHWEST ¼ OF SECTION 35, TOWNSHIP 1 SOUTH, RANGE 5 EAST, P.M.M., CITY
OF BOZEMAN, GALLATIN COUNTY, MONTANA.
IN CONSIDERATION of receiving approval for site plan 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 the following
roadways: North 27th Avenue, Cattail Street, Catamount Street, and Davis Lane 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. Street improvements to N. 27th Avenue between Valley Center Road and Cattail Street
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
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b. Street improvements to Cattail Street between Fen Way and North 27th Avenue including
lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
c. Street improvements to Catamount Street between Davis Lane to Valley Center Road
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
d. Street improvements to Davis Lane between Cattail Street to Westlake Road including
lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
e. Intersection improvements at North Cattail Street and North 27th Ave including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
f. Intersection improvements at South Cattail Street and North 27th Ave including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
g. Intersection improvements at Catamount Street and North 27th Ave including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
h. Intersection improvements at Catamount Street and Davis Lane including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
i. Intersection improvements at North 27th Ave and Valley Center Road including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
j. Intersection improvements at Cattail Street and Davis Lane 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 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
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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 __________________, 2023.
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LANDOWNER
_________________________________________ Delpark USA (Warbler) Inc. By: Title:
STATE OF ____________ ) :ss
COUNTY OF __________ )
On this ________ day of ____________________, 202__, before me, the undersigned, a Notary Public for the State of , 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.
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)