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HomeMy WebLinkAbout23 - Waivers of Right to Protest - 1805 Willow Way, LLC - BEATTY'S SUBDIVISION, Lot 7 & 8 Inter-office Original to: 2813759 City of Bozeman City Clerk Page: 1 of 5 10/23/2023 02:16:08 PM Fee: $40.00 PO Box 1230 Eric Semerad - Gallatin County, MT MISC Bozeman MT 59771-1230 11111111111111111 IN 11111111111111 IN 111111111111111111111111111111111111 HE IIII IIII WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS 1801 and 1805 WILLOW WAY ANNX and ZMA—23-0161 The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: The property described in Document Nos. 2542963 and 2509637, files of the office of the Clerk and Recorder,Gallatin County,Montana,and being parts of Lot 8 and Lot 7,BEATTY'S SUBDIVISION [Plat E-261,accordingto o the plat thereof,on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and located in the Southwest Quarter of Section 13, Township 2 South, Range 5 East of P.M.M., 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 streets and intersections 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 Kagy Boulevard between South 19th and South 1Ith Street, including design and engineering, paving and subsurface improvements, curb and gutter, sidewalk and 1 2813759 Page 2 of 5 10/23/2023 02.16.08 PM stormwater drainage facilities, and fiber optic conduit. b) Street improvements to Willow Way between Kagy Boulevard and W Lincoln Street, including lighting, signalization/channelization,paving, curb/gutter, sidewalk, and storm drainage. c) Intersection improvements at South 19th Ave and Kagy Boulevard, including lighting, signalization/channelization,paving, curb/gutter, sidewalk, and storm drainage. d) Intersection improvements at South IIth Street and Kagy Boulevard, including lighting, signalization/channelization,paving, curb/gutter, sidewalk, and storm drainage. e) Intersection improvements at Willow Way and Kagy Boulevard, including lighting, signalization/channelization,paving, curb/gutter, sidewalk, and storm drainage. f) Intersection improvements at Willow Way and W Lincoln Street, 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. 2 2813759 Page 3 of 5 10/23/2023 02.16.08 PM 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. 3 2813759 Page 4 of 5 10/23/2023 02.16.08 PM DATED this 10""day of ©C�o LS ,2023. Grantor: 1805 Willow Way, LLC, a Montana limited liability company By: RSRIP II, LLC, a Montana limited liability company, Managing Member By: ffrey L. R lq ' ,Manager STATE OF MONTANA ) )ss. County of Gallatin ) This instrument was signed or acknowledged before me thisrL? day of 2023, by Jeffrey L. Rolquin as Manager of RSRIP II, LLC, a Montana limited liabi ity company, Managing Member of 1805 Willow Way, LLC, a Montana limited liability company. /) ABIGAIL HAMMANG HAM'ky' Notary Public Q\�pTAR1.4 y{,=_for the state of Montana �Notary ublic for the State of Montana = -- - Residing at: Printed Name: yyl 9.SEAL PQ Bozeman, Montana r Residing at o_rt-1 Vt� '��,,�c p.....* �` MY Commission Expires: �,,,,,,, "' November 3,2026 My Commission Expires / �_/202(� Grantor: 1801 Willow Way, LLC, a Montana limited liability company By: RSRIP II, LLC, a Montana limited liability company, Managing Member Jeffrey L. in, Manager STATE OF MONTANA ) )ss. County of Gallatin ) This instrument was signed or acknowledged before me this day of kZAI , 2023, by Jeffrey L. Rolquin as Manager of RSRIP II, LLC, a Montana limited liability company, Member of 1801 Willow Way, LLC, a Montana limited liability company. MANG Notary lic fo the State of Montana ``�*O AR' ' ABI Notary ry P blic e:NOTARig4•o for the State of Montana Printed Name: lei aJ 14&m ;*- Residing at: Residing at M T =N,.SEAL ff Bozeman, Montana My Commission Expires 1 / _/20 oF Mo P'' MY Commission Expires: November 3, 2026 4 2813759 Page 5 of 5 10/23/2023 02.16.08 PM ACCEPTED: CIT F B ZE ✓Y G: By * ` 1 City n r ATTEST: ��al•, 83 City Clerk Co. two STATE OF MONTANA ) ss. County of Gallatin712 ) On this /,T:> day of , 204�,before me, a Notary Public for the State of Montana,personally appeared JEFF MIHELICH and MIKE MAAS, known to me to be the City Manager and City Clerk for the City of Bozeman and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first above written. " , jUL�"E7no HUNTER (SEAL) r ;`J�,�E HUiy� '., Notary`,y0TAR1A�-, -:for the StateResidSEAL.� Bozeman Notary bl c o�e tate of M ntana ''9'�oF MOP'` My commission 111,2025pires: (Printed Name) Residing at Bozeman, Mga t'My Commission Expires � /20-e' 5