HomeMy WebLinkAbout22 - Waivers of Right to Protest - Jon A. Knokey - Cattail Creek Subdivision Phase 1, Lot 1 Block 3 RETURN RECORDED DOCUMENT TO: Bozcman City Clcrk PO Box 1231 2767960 Bozcman, MT 5977 1-1 23 1 page: 1 or 4 0211812022 01:45:50 PM Fee: $32.00 Eric 'arad - Gallatin County, MT MISC 111111I111111111111f111111111111f11111111111111111111111111IM 1111111111111111 IN WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS CATRON MIXED USE 021112) FOR: Catron Mixed Use Site Plan The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: The tract of land described in Document No. 2078629, all on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and being Lot 1, Block 3, Cattail Creek Subdivision Phase I located in the NW '/4 of Section 35, Township 1 South, Range 5 East, City of Bozeman, Gallatin County, Montana. IN CONSIDERATION 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 recognition of the impacts to City transportation and infrastructure systems 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: 2767960 Page 2 of 4 02/1 8/2022 01 :45:58 PM l. Street improvements to N. 27th Avenue between Cattail St and E Valley Center Rd including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. 2. Street improvements to Catamount St between Davis Lane and E Valley Center Rd including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. 3. Street improvements to Cattail St between Davis Lane and N 19`h Ave including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. 4. Street improvements to N 19`h Ave between Cattail St and Frontage Road including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. 5. Street improvements to E Valley Center Rd between N 27`h Ave and N 19`h Ave including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage 6. Street improvements to Davis Ln between Cattail St and Catamount St including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage 7. Intersection improvements at Catamount St and N 27`h Ave including lighting, signal ization/channelization, paving, curb/gutter, sidewalk, and storm drainage. 8. Intersection improvements at Catamount St and E Valley Center Rd including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. 9. Intersection improvements at E Valley Center Rd and N 19'h Ave including lighting, signal izati on/channel ization, paving, curb/gutter, sidewalk, and storm drainage. 10. Intersection improvements at Cattail St and N 270' Ave including lighting, signal ization/channelization, paving, curb/gutter, sidewalk, and storm drainage. 11. intersection improvements at Cattail St and N 19'h Ave including lighting, signal ization/channelization, paving, curb/gutter, sidewalk, and storm drainage. 2767960 Page 3 of 4 02/1 8/2022 01 :45:58 PM 12. intersection improvements at Catamount St and Davis Ln including lighting, signal ization/channelization, paving, curb/gutter, sidewalk, and storm drainage. 13. Intersection improvements at Cattail St and Davis Ln including lighting, signalization/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 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. 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 _1L day of 70 { u , 2 , 2767960 Page 4 of 4 02/1 8/2022 01 :45:58 PM LANDOWNER AME By: STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) "% � aeaa On this day of �P �( ��► j/ ,��, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Ya OYQ Y , known to me to be the landowner that executed the within instrument, and ackn wledged to me that they executed the same for and on behalf of landowner. IN WITNESS WHEREOF, I have hereunto set m hand and affixed my official seal the day and year first above written. r (SEAL) ME ANGEL4 S TINSLEY (Prt d Name e) ��� S :�S W—Y - Notary Public:for the State of Montanallotary or the State of 'f�t5✓l Q,teaResiding at: Residing at z Livingston, Montana My Commission Expire t L► y commission Expires; (Use 4 digits for expiration year) November 4, 2025