HomeMy WebLinkAbout011 - Appendix J - Recorded SID Waiver Inter-office Original to:
City of 13or_eman
City Clerk
PO Box 1230
Bo-reman MT 549771-1230
2795728
Page: 1 of 4 02/14/2023 11;29:08 RM Fee $32.00
Er Semra1d - Gallatin Coun t y, MT MISC
1111 1111111111111111111111111111111111111III11111111111111111111111111 IN 1111
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS
WALLACE WORKS SITE PLAN APP 922156
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
S6, T2S, R6E, LOTS 2 & 3 OF PLAT C-23-A18, LOT 2 OF PLAT C-23-A16, & TRACT
1 OF MINOR SUBDIVISION NO. 3
IN CONS]DERATION 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 recegnition of the impacts to Wallace Avenue and
Tamarack Street 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 lollowing improvements:
a) Street improvements to N Rouse Avenue between Bond Street and E Lamme Street
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
b) Street improvements to E Tamarack St between N Tracy Avenue and L street including
lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
c) Street improvements to E Peach Street between N Tracy Lane to Plum Avenue including
lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
d) Street improvements to L street between E Tamarack St and E Oak Street including
1
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lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
e) intersection improvements at Oak Street and Rouse Ave including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
Intersection improvements at Peach St and Rouse Avenue including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
g) Intersection improvements at E Tamarack St and Rouse Avenue including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
h) Intersection improvements at E Tamarack St and L Street including lighting,
signali•nation/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 sire or area or creation of the
district be assessed in response to a duly passed resolution ol' 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 hair 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 1 I th day of.lanuary, 2023.
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LANDOWNER
By: 6RE�o�ty m , a�rS
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this day of 2023, before me, the signed, a Notary Public
for the State of Montana, personally appeared , known to me to be
the landowner that executed the within instrument and o�vledged to me that they executed the
same for and on behalf of landowner.
IN WITNESS WHER have hereunto set my hand and affixed my official seal the day and
year first above wri
(SEAL)
4 PITa t �kc &;f0e1,ed (Printed Name Here)
G" � � Notary Public for the State of
Residing at
My Commission Expires:
(Use 4 digits for expiration year)
3
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CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California
County of Santa Clara
On 8 February 2023 before me, G. Morabito Urrutia, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Gregory M. Avis
Nome(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
G. aORAW�uRRUTlA
Notary antic•CountCalifornia !s WITNESS my hand and official seal.
� San Francisco County T
ComR14SIOn 4'2434816
�!C**Mm.Ci:irn Jan 11,2027
Signature
Place Notary Seal and/or Stamp Above ignature of Notary Public
OPTIONAL
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Waiver of Right to Protest
Document Date: 8 February 2023 Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Corporate Officer —Title(s): ❑ Corporate Officer— Title(s):
❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer is Representing: Signer is Representing:
02018 National Notary Association