HomeMy WebLinkAbout24 - Waivers of Right to Protest - JDM Condo Master - BOZEMAN COMMONS LOFTS, Northern Pacific Addition Inter-office Original to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman MT 59771-1230
2830288
Page: 1 of 4 07/19/2024 02:28:27 PM Fee: $32.00
Eric Semerad - Gallatin County, MT MISC
1111111111111111111111111111111111IN 111111111111111111111111111111111111111111111111IN
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:
Amended Plat of Lot 2C, Amended Plat C-23-A21, and the Parcels Described in Fil 128, Page
186, and in Book 133 of Deeds, Page 209,Northern Pacific Addition to the City of Bozeman.
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
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
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2830288 Page 2 of 4 07/1 9/2024 02.28.27 PM
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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2830288 Page 3 of 4 07/1 9/2024 02.28.27 PM
DATED this day of 12024
LANDOWNER
—*4�)
JDM Condo Master
By: Mark Esponda
Title: Manager
STATE OF
COUNTY OF k--4 n )
On this ('7 day of •Tte�Cc.� ,2024
I before me,the undersigned, a Notary Public for the
State of Montana, personally appeareL Mark Esponda,known to me to be the Manager of JDM Condo Master
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)
"' KIRSTE L SMITH
\lq�. N L 5 ,,; (Printed N e Her )
Q...• r�, Notary Public
"'NpTARIq�S :for the State of Montana Notary Publ' for the e
Residing at: Re idin
.SEAL manhattan, Montana
v ., .. �?: My ommissio xpires:
oF•Mo My Commission Expires:
August 18,2026 (Use 4 digit. or expiration year)
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2830288 Page 4 of 4 07/1 9/2024 02.28.27 PM
ACCEPTED: ,�
CI Y OF BOZEMAN
By C fkuck W►Ng
City Manager
��.
ATTEST: •��•._- _a
d1y•co. ��
City Clerk
STATE OF MONTANA )
ss.
County of Gallatin )
On this �v I day ofWI , 2024 , before me, a Notary Public for the State
yak of Montana,personally appeare and MIKE MAAS,known to me to be the City
W iNr; Manager and City e�he City of Bozeman and the persons whose names are subscribed to the
men within instrument, and acknowledged to me that they executed the same for and on behalf of the City
Uf Bozeman.
0',Act-
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and
year first above written.
(SEAL) c
JULIE HUNTER
,J��ti HUryTcc9'; Notary Public
otary ub for he State of Montana = :'NOT^�1q� _for the State of Montana
Residing at:
Bozeman, Montana
9�oF MOP My commission Expires:
(Printed Name) June 11,2025
Residing at Bozeman,Montana
My Commission Expires:�(/ /20
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