HomeMy WebLinkAbout24 - Waivers of Right to Protest - Buggy Bath LLC - Northern Pacific Addition north of East Main Street Inter-office Original to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman MT 59771-1230
2830287
Page: 1 of 4 07/19/2024 02:28:27 PM Fee: $32.00
Eric Semerad - Gallatin County, MT MISC
11111111111111III11111111111111111IN111111111111111111111111III11111IIIII11111111iIIII
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS
BOZEMAN COMMONS LOFTS, 23244
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
The south 100 feet of Lots 22, 23, 24, 25, 26, and 27 of Block 28, and the South 100 feet of the
East 1 foot of Lot 28, all in the Northern Pacific Addition to Bozeman, Montana, together with all that
portion of vacated East Main Street lying South of said lots and being adjacent thereto, and North of
U.S. Highway No. 10, Gallatin County, Montana, according to the official plat thereof on file and of
record in the office of the County Clerk and Recorder of Gallatin County, Montana. (Deed Reference:
Film 100, Page 4482)
IN CONSIDERATION of receiving approval of 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 the below 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
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2830287 Page 2 of 4 07/1 9/2024 02.28.27 PM
maintenance of following improvements: lighting, paving and subgrade material, fiber optic conduit,
curb/gutter, sidewalk, storm drainage facilities, and traffic signals for:
a) East Main Street and Highland Boulevard
b)East Main Street and Haggerty Lane
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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2830287 Page 3 of 4 07/1 9/2024 02.28.27 PM
DATED this l 1 day of ,2024.
LANDOWNER
Buggy Bath L C
By: Mark Esponda
Title: Manager
STATE OF oyr4�1L4
COUNTY OF ,
On this I I day of T , 202_4 before me,the undersigned,a Notary Public for the
State of Montana, personally appeared Mark Esponda,known to me to be the Manager of Buggy Bath LLC 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 the day and year first
above written.
(SEAL)
y�EN S KI�Bfi�N L sMITM (printed Na a Here)
�9.16 ; Notary Public
�•�oTnRrq�?:for the State of Montana Not Publ' for the St f
* SEA1J, * Residing at: Resi
L5,,'.• Manhattan, Montana
My Commission Expires: My Commission E ' es:
August 18, 2026 (Use 4 digits expiration year)
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2830287 Page 4 of 4 07/1 9/2024 02.28.27 PM
ACCEPTED: - -
CITY ZEMA
B
y
* City Manager C Nuc r- w w N
ATTEST: �, =�
18B3, 0
Gtl.. �Ilsl Cp.
City Clerk
STATE OF MONTANA )
ss.
County of Gallatin )
On this day off 1� , 20 2Y before me, a Notary Public for the State
CoCy- of Montana,personally appeared and MIKE MARS, known tome to be the City
wir4t4 Manager an ity 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
mot_ of Bozeman.
6j IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and
year first above written.
(SEAL)
rd�satt �c
No ' Pu is for the lSttate of M,ontanna N°`_A '`'<' . 1 tt s »etf►t4 n a
Mkt g®mmiss)w 1F��
(Printed Name) e
Residing at Bozeman, Montana
My Commission Expires: _/202-�
Public
JUL
HUNTER
Notary Public
for the state of Montana
' ,AL ,:*z Residing at:
Bozeman, Montana
P,.
My Commission Expires:
" June 11,20L25
4