HomeMy WebLinkAbout25 - Waivers of Right to Protest - Midtown Aspen, LLC - North Seventh Addition to Bozeman Subdivision, Lots 1-3 Inter-office Original to:
City of Bozeman
City Clerk 2844447
PO Box 1230
Bozeman,MT 59771-1230 Page: 1 of 4 02/11/2025 03:19:40 PM Fee: $32.00
Eric Semerad - Gallatin County, MT MISC
111111111111111111111111111111111111111111111111111111111111111111111111111111111 IN
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
Lots 1-3 of the North Seventh Addition to Bozeman Subdivision
IN CONSIDERATION of receiving approval for Site Plan, Master 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 West Peach Street,and West Tamarack Street
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 the following improvements:
SID Waiver Page I of 3
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a.Street improvements to W Peach St between N 1 lth Ave and N Grand Ave including
lighting, signalization,paving,curb/gutter, sidewalk,and storm drainage.
b.Street improvements to W Tamarack St between N 7th Ave and N Grand Ave
including lighting, signalization,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.
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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.
DATED this qb^ day of Velorvc !WN 2 o Z5
`LANDOWNER
A Rn L.LC_
NAME
By: -� oS
STATE OF MONTANA ) -J'�na
:SS
COUNTY OF GALLATIN )
On this day of ,20 , before me,the undersigned,a Notary Public
for the State of Montana, personally appeared , known to me to be
the landowner 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)
(Printed Name Here)
Notary Public for the State of
Residing at
***NOTARIZED DOCUMENJ ••* My Commission Expires:
Notary certificate attach@d
to comply with the StatE bf (Else 4 digits for expiration year)
SID Waiver California Votary StatufS. Page 3 of 3
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CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
State of California }
County of San Francisco }
On y-(ui . 4) 2025 before me, Gerald Triplett II, Notary Public
--�- , •t ere inse name an e o e War)
personally appeared o V� at�
who proved to me on the basis of s tisfactory evidence to be the person(.&) whose
name(.&) is re subscribed to the within instrument and acknowledged to me that
(�he/they executed the same in is er/their authorized capacity(ies), and that by
is er/their signature(.&) on the instrument the person(e), or the entity upon behalf of
which the person(.&) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
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WITNESS my nd and Official seal. E GERALD TRIPLETT IIE
COMM.#2402788
r� NOTARY PUBLIC.CAUFORNIA
ALAMEDA COUNTY
My Comm.Exp.May 28,2026 N
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Nota Public Signature (Notary Public Seal)
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DESCRIPTION OF THE ATTACHED DOCUMENT ifneeded,should be completed and attached to the document.Acknowledgments
from other states may be completed for documents being sent to that state so long
as the wording does not require the California notary to violate California notary
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signer(s)personally appeared before the notary public for acknowledgment.
e Date of notarization must be the date that the signer(s)personally appeared which
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