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Home My WebLink About2822993 2822993 Inter-office Original to: Page: 1 of 4 03/29/2024 01:20:03 PM Fee: $32.00 City of Bozeman Eric Semerad - Gallatin County, MT MISC City Clerk I 111 ,1111 IN 11111111111111111111111111 III 111111111111111111 PO Box 1230 Bozeman,MT 549771-1230 WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS FOR THE BO TES—23235 The undersigned owner of the real property situated in the County of Gallatin, State of Montana,and more particularly described as follows: Lot lA and Lot 2A of Amended Plat Lot 1 and Lot 2,Block 1,Allison Subdivision Phase 4A,located in the NE V4 of Section 24,Township 2 South,Range 5 East,P.M.M,City of Bozeman,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 Student Drive between South 141h Avenue and South 701 including lighting, signalization,paving,curb/gutter,sidewalk,and storm drainage. b) Street improvements to Opportunity Way from South 141h Avenue and South Th Avenue including lighting,signalization,paving,curb/gutter,sidewalk and storm drainage. c) Street improvements to Stucky Road between South 141 Avenue and South 7'h Avenue including lighting, signalization,paving,curb/gutter,sidewalk and storm drainage. d) Street improvements to West Kagy Boulevard between South 141 Avenue and South 7'h Avenue including lighting,signalization,paving,curb/gutter,sidewalk and storm drainage. e) Street improvements to South 11 t°Avenue between West Graf to West Kagy Boulevard including lighting, signalization,paving,curb/gutter,sidewalk,and storm drainage. f) Street improvements to Bon Ton Avenue between Arnold Street to Stucky Road including lighting, signalization,paving,curb/gutter,sidewalk,and storm drainage. g) Street improvements to South 141 Avenue between West Graf Street and West Kagy Boulevard including lighting,signalization,paving,curb/gutter,sidewalk,and storm drainage. l 2822993 Page 2 of 4 03/29/2024 01.29.03 PM h) Intersection improvements at South 11t° Avenue and West Graf Street including lighting, signalization/channelization,paving,curb/gutter,sidewalk,and storm drainage. i) Intersection improvements at South 111° Avenue and Arnold Street including lighting, signalization/channelization,paving,curb/gutter,sidewalk,and storm drainage. j) Intersection improvements at South 1111 Avenue and West Kagy Boulevard including lighting, signalization/channelization,paving,curb/gutter,sidewalk,and scorn drainage. k) Intersection improvements at South 111h Avenue and Stucky Road including lighting, signalization/channelization,paving,curb/gutter,sidewalk,and storm drainage. 1) Intersection improvements at South 141h Avenue and Stucky Road including lighting, signalization/channelization,paving,curb/gutter,sidewalk,and storm drainage. m) Intersection improvements at South 141 Avenue and West Graf 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. 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. 2 2822993 Page 3 of 4 03/29/2024 01.20.03 PM DATED this ZO day of a rL 2024. LANDOWNER MSU QOZB I,LLC By: —F6 tM Ct f c. L c� Title: tjt, a-..e- 5,P/" STATE OF California ) ):ss County of San Mateo ) On this 70 day of � ,2024 before me,the�ndersign d a Notary, Public for the State o,(California,personally apared 1l`��`"`'S K e`��"` s known to me to be the / ```�GL� of ✓'tpeS yz ,th4&execute�d 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) — o.Scr� Je,a-�< <s�a�L'.L J \(Printe4 Name Here) JASON JAVIER ESCOBEDO ublic for the State of Residing at Ylti c� r.;-,=:- „-• COMM.#2346520 9 g c) Expires:L7 NOTARY PUBLIC•CALIFORNIA My Commission SAN h1ATE0 COUNTY (Use 4 digits for expiration year) = Comm.Exp. FEB. 12,2025 3 2822993 Page 4 of 4 03/29/2024 01.20.03 PM ACCEPTED: CITY OF BOZEMAN,MONTANA -C-4 fva City Manager ' ATTEST: 21 2D�� r ' •ke • 'c - City Clerk Co. W1 STATE OF MONTANA j ss l� 2'0�-Z County of Gallatin ) On this day of 202�before me, the undersigned, a Notary Public for the State of Montana,personally appeared and MIKE MAAS, known to me to be the City Manager and City Clerk for the City of Bozeman,respectively,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. ,�2��2� Q� IN WITNESS WBEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) JULIE HUNTER Notary Public No7ARi.44. _for the state of Montana `* SEAL, `= Residing at: 9 " Bozeman, Montana `' pF MoP My Commission Expires: No ry Pu lic for the Aafe of Montana , June 11,2025 -�Dl if- ql"4p � (Printed Name) Residing at Bozeman,Montana My Commission Expires: 0 (Q_/Al/20 2.;