HomeMy WebLinkAbout22 - Waivers of Right to Protest - TFR LLC, Timothy Ford - Cattail Creek Subdivision Phase 2A & 2B Inter-office Qriginal t :
City Cl Bozeman 2773214
City Clerk
PO Box 1230 Page: 1 of 3 04/1812022 01:22:00 PM Fee: $24.00
Bozeman,MT 59771-1230 Eric Semerad - Gallatin country, MT MISC
IIIIIII IIIIII III IIII lllllll IIIIII INIIII HE 11111111111111111111111111111111111111
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS
22023 Hayden Valley Units SP
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
Lot 2, Block 11, Cattail Creek Subdivision Ph. 2A & 2B [Plat J-369]
Located in the NW 1/4 of Section 35, T. 1 S., R. 5 E. of P.M.M., City of Bozeman,
Gallatin County, Montana
IN CONSIDERATION of receiving approval for receiving site plan approval
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 transnortation and infrastnlcnlre 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 the following improvements:
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a.Street improvements to Davis Lane between Cattail Street and East Valley Center Road
including lighting, signalization, paving, curb/gutter, sidewalk,and storm drainage.
b.Street improvements to Cattail Street between North 27th Avenue and Davis Lane
including lighting, signalization, paving, curb/gutter, sidewalk,and storm drainage.
c.Street improvements to Catamount Street between North 19th Avenue and Davis Lane
including lighting, signalization, paving, curb/gutter, sidewalk,and storm drainage.
d.Street improvements to Catron Street between Valley Center Road and Davis Lane
including lighting, signalization, paving, curb/gutter, sidewalk,and storm drainage.
e.Intersection improvements at Cattail Street and Davis Lane including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
f.Intersection improvements at Catamount Street and Davis Lane including lighting,
sign alization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
g.lntersection improvements at East Valley Center Road and Davis Lane including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
h.Intersection improvements at Catamount Street and North 27th Avenue including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage,
i.Intersection improvements at Catron Street and North 27th Avenue 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.
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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.
DATED this 1 14— day of 0 "_:j 'jC/
LAN
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By: �
1'-�t'j
STATE OF MONTANA ) ` F 2
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COUNTY OF GALLATIN )
On this day of c ,202 ,before me the undersigned, a Notary Public
for the State of Montana, pe onally appeare , known to me to be
the landowner tthatexecuted 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.
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(SEAL)
(Printed Name He(e)
SUSAN HJALMARSSON
�'`''' "'s''•, Notary Public Notary Public for the State
A:''o'TAR4t o for the State of Montana Residing at
*: -'- **; Residing at:
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ycr�;•SEAT- ' Bozeman, Montana
.' MY Commission Expires: My Commissio xpires:
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'na�um«<n�a� JUry 16,21123
(Use 4 digi for expiration year)
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