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HomeMy WebLinkAbout22 - Waivers of Right to Protest - Montana State University Innovation Campus C/O MSU Alum - West College Minor Subdivision No. 195B 2772516112f`0122 1II0:39:16 `AfMI lIIIFee`` $24.00 Gallatin MI SC Inter-office Original to: IIIIIII IIIIII III IIII Illllll IIIIII Illlllll IIIII�����IIII�IIIIIII III IIIII Illll 1111 Ill[ 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 [INDUSTRY Bozeman Application 21304 The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Lease-Hold Interest Legal Description A parcel of land being a portion of Tract C-i A of the Amended Plat of West College Minor Subdivision No. 195B, located in the NW 1/4 and the NE 1/4 of Section 14, Township 2 South, Range 5 East, P.M.M., City of Bozeman. Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana IN CONSIDERATION of receiving approval for Development Entitlements 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 public infrastructure 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: a.Street improvements to W. Garfield Street including paving,curb/gutter,sidewalk, and storm drainage b. Street improvements to S.27th Street including paving,curb/gutter,sidewalk,and storm drainage c. Street improvements to Fowler Avenue including paving,curb/gutter,sidewalk,and storm drainage 1 2772516 Page 2 of 3 04/08/2022 1 0.39.18 AM d. Intersection improvements to Fowler Avenue and W. Garfield Street e.Intersection improvements to Fowler Avenue and Huffne Lane f. Intersection improvements to S. 27th Street and W. Garfield Street g. Intersection improvements to W. Garfield Street and S. 19th Avenue h. Intersection improvements to W. College Street and S. 19th Avenue i. Intersection improvements to W.College Street and Huffine Lane 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 terns, covenants and provisions of this waiver shall extend to, and be binding upon the successors-in-interest and assigns of the Landowner. 2 2772516 Page 3 of 3 04/08/2022 1 0.39.18 AM z DATED this 6-* day of �t,r; , 202.Y. LANDOWNER MONTH A STATE UNIVERSITY INNOVATION CAMPUS C/O MSU ALUMNI FOUNDATION By. N.r STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this ioO'` day of 202,Y, before me,the undersigned,a Notary Public for the State of Montana, personally appeared 1A,,Lr•_ -cjko-r-x:,e , known to me to be the landowner 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) ems' e �- "' KRISTtN 'I'RUITT (Printed Name Here) �; Notary Public Notary Public for the State of�� NOTARiqj• for the State of Montana *_ Residing at: Residing at ��yy,�,•� . . tjE SIEAL.'4 Bozeman, Montana My Commission Expires: relo, z . 202q MY Commission Expires: (Use 4 digits for expiration year) February 28,2024 3