HomeMy WebLinkAbout23 - Waivers of Right to Protest - Larry Pearson - NORTHERN PACIFIC ADD Inter-office Original to: 2813763
City of Bozeman
City Clerk Page: 1 of 4 10/23/2023 02:16:08 PM Fee: $32.00
Eric Semerad - Gallatin County, MT MISC
Bo zeman MT 59771-1230 Box 1230 1111111111111111111111111111111111111111111111111111111111111111111111111111111111111
Bo
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS
22288 BG MILL CONDOS
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
NORTHERN PACIFIC ADD, S07, T02 S, R06 E, Lot 1, ACRES 0.5123, PLAT C-23-All
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 East Mendenhall Street including paving, curb/gutter, sidewalk, and
storm drainage
b) Street improvements to North Broadway Avenue including paving, curb/gutter, sidewalk, and
storm drainage
c) Street improvements to East Main Street including paving, curb/gutter, sidewalk, and storm
drainage
d) Intersection improvements to East Mendenhall Street and North Broadway Avenue
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e) Intersection improvements to East Main Street and North Broadway Avenue
f) Intersection improvements to East Main Street and Highland Boulevard
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.
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DATED this_/Zltday of October, 2023.
LAND NER
BG AVLL LLC.
By: �XdO � OLk
Title: --
STATE OF )
:ss
COUNTY OF
On this — day of ,2023, befor me,the undersigned,a Notary Public for the
State of 0 , personally appeared r7 ,known to me to be
the�_of BG MILL, LLC. that executed the withid 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.
°sk'wy RACHEL WHIPPLE I�
G\� ''' Ao: Notary Publlc Lai
• C
es OTAR�q�.� _.for the State of Montana (Printed Name Here
Residing at:
*' —A * Notary Publ' for the State ofkai�
SEAL.��9 Bozeman, Montana
?` Residing at �t
.9 o..... , My Commission Expires.
���,,,, ,,,, October 23,2023 My Commission Expires: 23 Z Z
(Use 4 digits for expiration year)
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2813763 Page 4 of 4 10/23/2023 02.16.08 PM
ACCEPTED:
'' '•` ;< City r
ATTEST:
City Clerk
STATE OF MONTANA )
) ss.
County of Gallatin 1 ) ��77
On this ''day of 2023, 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.
(SEAL) °E "' JULIE HUNTER m�Notary Public
otARiq%. _for the State of Montana
Residing at:
-1P,'.SEAL. ,,* Bozeman, Montana
u 1C Nota f the Sta e Of Ontan '-9 of rno� My Commission Expires:
,]JAAC ,,,, June 11, 2025
(Printed Name)
Residing at Bozeman, Mot a 1
My Commission Expires: /20jnE�
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