HomeMy WebLinkAbout006.01 - Appendix F - Draft 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
5532 FOWLER LANE ANNEXATION 24-492
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 the North Half of the South Half of the Southwest Quarter of the
Southwest Quarter of Section 23, Township 2 South, Range 5 East, P.M.M., Gallatin County,
Montana, more particularly described as follows:
BEGINNING at a calculated position on the Section line common to Sections 22 & 23 being
the Southwest corner of said Tract from which a 5/8' Rebar, the Section corner common to
Sections 22,23,26,27 bears South 00°05' 51" East a distance of 332.52 feet; thence North 00°
05' 51" West along said Section Line a distance of 332.50 feet to a calculated position; thence
leaving said Section Line North 89° 52' 12" East a distance of 1330.14 feet to a Calculated
Position; thence South 00° 01' 54" West a distance of 332.91 feet to an "RW Allen" Aluminum
Cap; thence South 89° 53' 16" West a distance of 1329.39 feet to the Point of Beginning,
containing 10.156 acres more or less.
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:
1. Street improvements to Fowler Lane between Blackwood Road and Stucky Road, including
lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
2. Street improvements to Blackwood Road between Fowler Lane and South 19th Avenue,
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
3. Intersection improvements at Blackwood Road and Fowler Lane, including lighting,
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signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
4. Intersection improvements at Blackwood Road and South 27th Avenue, including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
5. Intersection improvements at Fowler Lane and West Graf Street, including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
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, signalization/channelization,
paving, curb/gutter, sidewalk, and storm drainage for the aforementioned street improvements.
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.
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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__.
LANDOWNER
_________________________________________
[KDG Holdings, LLC]
By: [David Gordon]
Title: [Authorized Signatory]
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 ___________ of ____________ 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)
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ACCEPTED:
_________________________
CITY OF BOZEMAN
By ______________________
Acting 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 CHUCK WINN and MIKE MAAS, known to me to be the Acting
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