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Home My WebLink About22 - Waivers of Right to Protest - L&S PROPERTIES, LLC - Flanders Creek Subdivision, Block 5 Lot 4 Inter-office Original to: City ofl3ozeman City Clerk P.O.13ox 1230 Bozeman,MT 59771-1230 2791938 Page: 1 of 3 12/02/2022 11:10:49 AM Pee. $24.00 Eric Semerad - Gallatin County, MT MISC 11111111 IIIIII III IIII IIIIIII IIIIII IN IIII IIIII Iliil IIIII IIIIIII III IIIII 1111 IIII IIII WAIVER OF RIGHT TO PROTEST CREATION OF SPEC'UL DISTRICT OR SPECIAI.IMPROVEMENT DISTRICTS OAK AND COTTONWOOD APARTMENTS—PROJECT##20433 The undersigned owner of the real property situated in the County of Gallatin.State of Montana,and more particularly described as follows: Lot 4 and 5,Block 5.Flanders Creek Subdivision.according to the plat thereof on file and of record in the office of the Clerk and Recorder,Gallatin County,Montana,and located in the East half of the Southeast Quarter of Section 4,Township 2 South.,Range S Cast of P.M.M..City of Bozeman,Gallatin County,Montana. In CONSIDERATION of receiving approval fbr Site.Plan.Npproval 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 Cottonwood Road between Durston Road and Baxter Lane including lighting,signalization,paving,curb/gutter,sidewalk,and storm drainage. b. Street improvements to Oak Street between Ferguson Avenue and Laurel Parkway including lighting,signalization,paving,curb/gutter,sidewalk,and storm drainage, c. Street improvements to Flanders Way between Twin Lakes Avenue and Flanders Creek Avenue including lighting,signalization,paving,curb/gutter,sidewalk,and storm drainage, d. Street improvements to Twin Lakes Avenue between Oak Street and Annie Street including lighting,signalization,paving,curb/gutter,sidewalk,and storm drainage. e. Street improvements to Flanders Creek Avenue between Flanders Way and Annie Street including lighting,signalization,paving,curb/gutter,sidewalk,and storm drainage. f. Street improvements to Sherwood Way between Laurel Parkway and Cottonwood Road including lighting,signalization,paving,curb/gutter,sidewalk,and storm drainage. 1 2791938 Page 2 of 3 12/02/2022 11 -10.49 AM g. Street improvements to Annie Street between Laurel Parkway and Cottonwood Road including lighting,signalization,paving,curb/gutter,sidewalk,and storm drainage. h. Intersection improvements at Cottonwood Road and Baxter Lane including lighting, signalization/channelization,paving,curb/gutter,sidewalk,and storm drainage. i. Intersection improvements at Cottonwood Road and Oak Street including lighting, signalization/channelization,paving,curb/gutter,sidewalk,and storm drainage. j. Intersection improvements at Cottonwood Road and Durston Road including lighting, signalization/channelization,paving,curb/gutter,sidewalk,and storm drainage, k. Intersection improvements at Sherwood Way and Cottonwood Road including lighting, signalization/channelization,paving,curb/gutter,sidewalk,and storm drainage. 1. Intersection improvements to Annie Street and Cottonwood Road including lighting, signalization/channelization,paving,curb/gutter,sidewalk,and storm drainage. m. intersection improvements to Annie Street and Laurel Parkway including lighting, signalization/channelization,paving,curb/gutter,sidewalk,and storm drainage. n. Intersection improvements to Sherwood Way and Laurel Parkway including lighting, signalization/channelization,paving,curb/gutter,sidewalk,and storm drainage. o. Intersection improvements to Twin Lakes Avenue and Oak Street including lighting, signalization/channelization, paving,curb/gutter,sidewalk,and storm drainage. p. Intersection improvements to Laurel Parkway and Oak Street including lighting, signal ization/channelization,paving,curb/gutter,sidewalk,and storm drainage. Landowner aurces 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 i,andowner waives its right or to make any wTitten 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 therof. 'I'his waiver is made for the benefit of the property described herein shall be a covenant rurming with the land. The tcrins,covenants and provisions of this waiver shall extend to,and be binding upon the successors-in-interest and assigns of the Landowner. DATED this '4-- day of 2022. LANDOAWNER L&S PROPERTIES,LLC ^ By:Michael Slawson,Owner 2 2791938 Page 3 of 3 12/02/2022 11 .10.49 AM STATE OF MONfANA ) :SS COUNTY OF GALLATIN �1) On this _� day of 2022, before mc. the undersigned, a Notary Public for the State of Montana, personally appeared S. slaw5611 known to me to be the Owner of L&;S Properties, LLC and the person whose name is subscribed to the within instrument and acknowledged to me that lie executed the within instrument for and on behalf of I.&;S Properties, LLC. IN WITNESS WHEREOF. I have .hereunto set my hand and affixed niv official seal the day and year first above written. (SEAL) „„t:,aa+n, --...•�u l r�__�_!4 rs91 ti�jl ��E�r !'l�l . JULIE IVIA b�HALI Prinied Name here) V �•-SypTAR(,q�•� =for the State of MontaNa� ary Public for the State ofQ�7��!<i Ke iding at P /4 e 7` * SEAL. ' - Residing at: -,—� ze, Belgrade, MontanaM Commissi xpires: -� 5Q6 ,,�i ••;RP; My Commission Expires: Zr - M�`,. ""' ,,,� t•«�` April 21,2026 3