HomeMy WebLinkAbout012.03 SID waiver for 23243 Cooper Block_DRAFT 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
COOPER BLOCK MIXED USE BUILDING 23-243
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
Parcel 1 of Deed 2785997:
That part of Lots 5 and 6 in Block "B" of the Original Plat of the Town (now City) of Bozeman,
Montana, as follows: Beginning at a point in the north line of said Lot 5 distant thirteen feet west
of the northeast corner thereof, thence east along said north line thirty feet, thence south by a line
parallel with the east line of said Lot 6, 140 feet, more or less, thence west along said south line
of said Lots 5 and 6, 30 feet, thence north 140 feet, more or less, to the point of beginning, situate
in the City of Bozeman, Gallatin County, Montana. (Deed Reference: Book 101, Page 365),
Located in the NW 1/4 of Section 7, T02S, R06E, P.M.M., City of Bozeman, Gallatin County,
Montana.
IN CONSIDERATION of receiving approval for Site Plan/CCOA 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 Main
Street and adjacent streets 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
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material, fiber optic conduit, curb/gutter, sidewalk, storm drainage facilities, and traffic signals
for:
a) Street improvements to Main Street between North Broadway Avenue and 7th Avenue including
lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
b) Street improvements to Bozeman Avenue from East Dickerson Street to East Peach Street including
lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
c) Street improvements to Rouse Avenue from East Olive Street to East Peach Street including lighting,
signalization, paving, curb/gutter, sidewalk, and storm drainage.
d) Street improvements to Church Avenue from East Story Street to East Peach Street including lighting,
signalization, paving, curb/gutter, sidewalk, and storm drainage.
e) Street improvements to Black Avenue from East Dickerson Street to East Peach Street including
lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
f) Street improvements to Tracy Avenue from East Peach Street to West Dickerson Street including
lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
g) Street improvements to Wilson Avenue from West Dickerson Street to East Peach Street including
lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
h) Street improvements to North Grand Avenue from West Dickerson Street to East Peach Street
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
i) Street improvements to 3rd Avenue from West Short Street to West Story Street Street including
lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
j) Street improvements to 4th Avenue from West Story Street to West Villard Street including lighting,
signalization, paving, curb/gutter, sidewalk, and storm drainage.
k) Street improvements to 5th Avenue from West Curtiss Street to West Villard Street including lighting,
signalization, paving, curb/gutter, sidewalk, and storm drainage.
l) Intersection improvements at East Main Street and Wallace Avenue including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
m) Intersection improvements at East Main Street and Rouse Avenue including lighting,
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signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
n) Intersection improvements at East Main and Bozeman Avenue including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
o) Intersection improvements at Main Street and Black Avenue including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
p) Intersection improvements at Main Street and Tracy Avenue including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
q) Intersection improvements at Main Street and Wilson Avenue including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
r) Intersection improvements at Main Street and Grand Avenue including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
s) Intersection improvements at Main Street and Tracy Avenue including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
t) Intersection improvements at Main Street and 7th Avenue including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
u) Intersection improvements at North Black Avenue and East Peach Street including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
v) Intersection improvements at East Mendenhall Street and Rouse Avenue including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
w) Intersection improvements at West Mendenhall Street and Wilson Avenue including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
x) Intersection improvements at Wilson Avenue and West Olive Street including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
y) Intersection improvements at Wilson Avenue and West Babcock Street including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
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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.
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 __________________, 202__.
Owner: RWH REALTY, LLC
_________________________________________
By:
Name:
Title:
STATE OF ______________ )
:ss
COUNTY OF ____________ )
On this _____ day of _______________, 20 , before me, the undersigned, a Notary Public for
the State of Montana, personally appeared_____________________________, known to me to be
_____________________________ of RWH REALTY, LLC and the person whose name is subscribed
to the within instrument and acknowledged to me that he executed the within instrument for and on
behalf of RWH REALTY, LLC.
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)
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ACCEPTED:
_________________________
CITY OF BOZEMAN
By ______________________
City Manager
ATTEST:
_______________________________
City Clerk
STATE OF MONTANA )
) ss.
County of Gallatin )
On this ______ day of ___________________, 20 , before me, a Notary Public for the State
of Montana, personally appeared JEFF MIHELICH and MIKE MAAS, known to me to be the City
Manager and City Clerk for the City of Bozeman and the persons whose names are subscribed to the
within instrument, and acknowledged to me that they executed the same for and on behalf of the City
of Bozeman.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and
year first above written.
(SEAL)
______________________________________
Notary Public for the State of Montana
___________________________________
(Printed Name)
Residing at Bozeman, Montana
My Commission Expires: / /20