HomeMy WebLinkAbout22 - Waivers of Right to Protest - Black Dirt LLC, Dan Barnes - Ridge Athletic Club Sub Inter-office Original to: 277309fi
City of Bozeman
City Clerk age S1 of erad - Gallatin04/15/202211:2 MT M
79
AM Fee $SC
Bozeman MT 59771-1230 .00
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WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS
[Ridge PUD Lot 7a—Permit# 21-4001
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
[Ridge Athletic Club Sub, S 10, TO S, R05 E, Lot 7a, Plat J-465-A]
IN CONSIDERATION of receiving approval for a site plan on 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 Ferguson Avenue and
Fallon Street 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 Ferguson Avenue between Huffine Lane and Babcock Street
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
b) Street improvements to Fallon Street between Ferguson Avenue and Cottonwood Road
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
c) Intersection improvements at Ferguson Avenue and Fallon Street including lighting,
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2773096 Page 2 of 3 04/1 5/2022 1 1 :27:49 AM
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
d) Intersection improvements at Cottonwood Road and Fallon Street including lighting,
signal izati on/channel ization, 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 15 day of APR-k L— 2022.
LANDOWNER
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By: •P'"� f I3r,
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2773096 Page 3 of 3 04/1 5/2022 1 1 :27:49 AM
STATE OF MONTANA )
.ss
COUNTY OF GALLATIN )
On this day of 20 kfore me, the undersigned, a Notary Public
for the State of Montana, persona ly appeared is st n L- 16 a r n'S , 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 th day and
year first above written.
SEAT,
YK S k Sa
M SUSANI k ui-LYEE'"sC
Notary PDbiiQ (Printed Name Here)
or the state of monta, Notary Public for the State of M
Resldlrig at: at Residin o
*'.SEAL Q 4 Bozeman, Mortara g
My Commission Expires: a� aZ�1023
'.9iF ., ��• My commission.Expiros:
2023
----- (Use 4 digits for expiration year)
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