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