HomeMy WebLinkAbout013 - Waiver of Right to Protest SIDistricts North Park Wyndham 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
NORTH PARK WYNDAM HOTEL APPLICATION#23100
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
A tract of land, Being a portion of AREA 3, Certificate of Survey Number 3019, Gallatin
County,Montana,records, located in the SW1/4SE1/4 and the SEl/4SWl/4 of Section 36,Township 1
South, Range 5 East, P. M., M., Gallatin County, Montana, more particularly described as follows:
Beginning at the Southeast corner of Mandeville Homesite Minor Subdivision No. 320, a found
rebar and cap, from which the South Quarter corner of Section 36, bears S.47°31'46"E. 96.83 feet;
thence, along the East line of the aforesaid subdivision,N.00°16'37"E. a distance of 431.16 feet to the
Northeast corner of the aforesaid subdivision;thence, along the North line of a Sewer and Access
Easement as recorded in Document Number 2131522, Gallatin County, Montana, records
S.88°47'22"E. a distance of 200.36 feet, more or less to the Westerly Right of Way Line of Wheat
Drive as shown on Certificate of Survey No. 3019 and Easement Document 2683175 Gallatin County,
Montana, records; thence, along the aforesaid Westerly Right of Way line the following three(3)
courses:
S. 14019'14"E. 70.79 feet,
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Along a curve to the right,through a central angle of 14°56'03",having a radius of 255.00 feet,
and arc length of 66.46 feet, and whose Long Chord bears S.06°51'13"E. 66.28 feet,
S. 00036'49"W. 300.39 feet,more or less to a line 60 feet north of and parallel to the South line
of Section 36;
thence, 60 feet north of and parallel to the South line of Section 36 the following two(2)
courses:N.89001'40"W. 150.79 feet and N.85°49'01"W. 74.03 feet,more or less to the Point of
Beginning, containing 2.22 acres of land,more or less.
IN CONSIDERATION of receiving site plan approval for the development on 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 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:
a) Street improvements to Mandeville Lane between the development's western boundary and
7t' Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm
drainage.
b) Street improvements to Wheat Drive between Mandeville Lane and 71h Avenue 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
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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 �-.c ,202 .
LANDOWNER
11 ten, \ v
MT Sta a Board of Land Commissioners
Dept.of Natural Resources and Conservation
By: \J C;S5
STATE OF .� )
s
COUNTY OF
On this 1/1 day of � , 2022— before me, a undersigned, a Notary Public for the
State o , personally app ared ` 6 , lZ , , known to me to be
the f that executed the within
instrument,and acknokviedi6d 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)
G /
(Printed Name Here)
�oj��q o< HEATHER E NOEL Notary Publi or the State
NOTARY PUBLIC for the Residing at <
State of Montana My Commission Expires:
SEAL Residing at Helena,Montana
r�� MY Commission Egires (Use 4 digits for expiration year)
Se ternheer22,2025
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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
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