HomeMy WebLinkAbout21 - Waivers of Right to Protest - Eugene Graf, Bon Ton Inc - Allison Subdivision Phase 4 J-702
Inter-office Original to:
City of Bozeman 2761508
Department Of Community Development page: 1 of 3 12114/2021 03:04 4z PM Fee: $24.00
1111111111111111111111111 MISc
A.O.Box 1230 11 111MIN 111111111 11111111111111111111111111111
Bozeman,MT 59771
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR ALLISON SUBDIVISION PHASE IV
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 Block 2, Lot 1 of Allison Subdivision Phase 3B, Plat Reference J-608 &
J-608A, on record with the Gallatin County Clerk and Recorder located in the Northeast One-
Quarter of Section 24, Township 2 South, Range 5 East,Principal Meridian Montana(P.M.M.),
City of Bozeman Gallatin County, Montana.
The above described tract of land is to be known and designated as Allison Subdivision
Phase 4, City of Bozeman, Gallatin County, Montana; and the lands included in all streets,
avenues,alleys and parks or public squares shown on said plat are hereby granted and donated to
the City of Bozeman for the public use and enjoyment. Unless specifically listed herein, the
lands included in all streets, avenues, alleys, and parks or public squares dedicated to the public
are accepted for public use, but the City accepts no responsibility for maintaining the same. The
owners agree that the City has no obligation to maintain the lands included in all streets, avenues,
alleys and parks or public squared hereby dedicated to public use. The lands included in all
streets, avenues, alleys and parks or public squares dedicated to the public for which the city
accepts responsibility for maintenance included West Graf Street.
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2761508 Page 2 of 3 12/14/2021 03:04:42 PM
IN CONSIDERATION of receiving approval for subdivision 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, in recognition of the impacts that
will be generated by the development of the above-described property at Allison Subdivision
Phase IV, have waived and do hereby for ourselves, our heirs, personal representatives,
successors and assigns, the right to protest the creation of one or more special improvement
districts for the construction of:
a. Street improvements to South I Ph Avenue including paving, curb/gutter,
sidewalk, and storm drainage;
b. Street improvements to West Graf Street including paving, curb/gutter, sidewalk,
and storm drainage;
C. Street improvements to South 7" Avenue including paving, curb/gutter, sidewalk,
and storm drainage;
d. Intersection improvements to South I Ph Avenue and West Graf St;
e. Intersection improvements to South I Ith Avenue and Kagy Boulevard;
f. Intersection improvements to South 7th Avenue and Kagy Boulevard
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.
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This waiver shall be a covenant running with the land and shall not expire with the
dissolution of the limited partnership, provided however this waiver shall apply to the lands
herein described.
The terms, covenants and provisions of the Waiver shall extend to, and be binding upon
the successors-in-interest and assigns of the parties hereto.
DATED this /,_� day of %4 NI , 20 .
LANDOWNE
BY: e),.l rc`
Bon Ton Inc
TITLE: u wn 6f'
STATE OF MONTANA )
)ss.
County of Gallatin )
On this I day of SCI��G<M'P , 20�, before me,the undersigned, a Notary
Public for the State of Montana,personally appeared known to me to be
a et4,N tr,— _of Bon Ton Inc the entity that executed the within instrument, and
acknowledged to me that he executed the same for and on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
(SEAL)
CHRIS BUDESKE
Q�5 s�+oFs <% Notary Public
�,1..•• .,f..; (Printed Name Here)
�o-sARrq�• for the state of Montana
_._ Residing at: Notary Public for th ate of Montana
N�.SEAL._�,= Bozeman, Montana
My commission expires: >4digits
g At:
""""OF, ,� November 26,2023
����/Ii 1�1-111`1
ission Expires:
( For expiration year)
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