HomeMy WebLinkAbout22 - Waivers of Right to Protest - Canyon Gate Investors, Andy Holoran Manager - Mount Baldy Subdivision WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
CANYON GATE
We,the undersigned Owners of the real properties situated in the County of Gallatin,State of
Montana,and more particularly described as follows:
Tract 7B COS 2408,less MDT ROW;and the westerly 33.34'of Lot 45,Lot 46,and Lot 47
of Mount Baldy Subdivision,less MDT ROW. Located within the Southwest One Quarter
0 of Section 32,Township 1 South,Range 6 East,Principal Meridian Montana,Gallatin
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County,Montana.
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In consideration of receiving approval of a site plan on the subject property to allow the
a construction of a mixed use facility from the City of Bozeman,along with accompanying rights and
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privileges and for other and valuable consideration,the receipt of which is hereby acknowledged,in
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N o recognition of the impacts that will be generated by the development of the above-described property,
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a Sa have waived and do hereby for ourselves,our heirs,personal representatives,successors and assigns,the
�o �! right to protest the creation of one or more special improvement districts for;
a. Street improvements to Story Mill Road between Boylan Road and the southern
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m- terminus of L Street including from the southern terminus of L Street south to and
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including Wallace Avenue to its intersection with East Tamarack Street(including the
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intersection of Wallace Avenue and East Tamarack Street)to include lighting,
signalization,paving,curb/gutter,sidewalk,and storm drainage.
b. Street improvements to Bridger Drive between Story Mill Road and Boylan Road as
Boylan Road intersects with Bridger Drive at the Creekwood Subdivision including
lighting,signalization,paving curb/gutter,sidewalk,and storm drainage.
c. Intersection improvements for:
i. the intersection of Story Mill Road and Bridger Drive including lighting,
signalization/channelization,paving,curb/gutter,sidewalk,and storm drainage_
or to make any written protest against the proposed work or against the extent or creation of the districts
to 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 an SID 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 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 this waiver shall extend to, and be binding upon the
successors-in-interest and assigns of the Landowner.
DATED thQ _day of D= V--
PROPERTY OWNER
Signature
Printed Nam and Title
STATE OF MONTANA )
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County of Gallatin )
On this,2� day OL 11 . 20 , b�f e me,the undersigned, a Notary Public for the
State of Montana,personally appeared • ,of State of Montana known to me to
be the representative of the property owner �,�Sy 5 that executed the
within instrument, and acknowledged to me That a executed the same for and on behalf of said
corporation.
IN WITNESS WHEREOF,I have hereunto set d and affixed my Notarial Seal the day
and year first above written.
(Printed N4mHe)
s cV, LAUREftiI,; CUMM1NGt f Notary PuheState of Montanallote+Public Residing a -t Afor the State of Montana My Commxpires:'I
* SEAL * Res.ldin al: (Use 4 digits for expiration year)
e- Bozeman: Montana
My commiss;on Expires
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�o Septerrer 04, 2023