HomeMy WebLinkAbout23 - Waivers of Right to Protest - Flood Gates, LLC - CATTAIL CREEK SUBDIVISION Phase 3, Block 2 Lot 3A 2811632
Page: 1 of 5 09/22/2023 03:14:50 PM Fee: $40.00
Eric Semerad - Gallatin County, MT MI SC
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Inter-office Original to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman MT 59771-1230
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS
URBAN VILLAS -22350
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
LOT 3A, BLOCK 2 OF PHASE 3 OF THE AMENDED PLAT OF CATTAIL CREEK
SUBDIVISION (J415-A). LOCATED IN THE NORTHWEST '/4 OF SECTION 35, TOWNSHIP I
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 the following
roadways: North 27th Avenue, Cattail Street, Catamount Street, Valley Center Road, and Davis Lane
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 N. 27th Avenue between Valley Center Road and Cattail Street
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
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2811632 Page 2 of 5 09/22/2023 03.14.50 PM
b. Street improvements to Cattail Street between Davis Lane and North 27th Avenue including
lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
c. Street improvements to Catamount Street between Davis Lane and Valley Center Road
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
d. Street improvements to Davis Lane between Cattail Street to Valley Center Road including
lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
e. Intersection improvements at North Cattail Street and North 27th Ave including lighting,
signal ization/channel ization, paving, curb/gutter, sidewalk, and storm drainage.
f. Intersection improvements at South Cattail Street and North 27th Ave including lighting,
signal ization/channel ization, paving, curb/gutter, sidewalk, and storm drainage.
g. Intersection improvements at Catamount Street and North 27th Ave including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
h. Intersection improvements at Catamount Street and Davis Lane including lighting,
signal ization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
i. Intersection improvements at North 27th Ave and Valley Center Road including lighting,
signal ization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
j. Intersection improvements at Cattail Street and Davis Lane 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.
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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.
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2811632 Page 4 of 5 09/22/2023 03.14.50 PM
DATED this 0� 5day of , 202-3.
LANDOWNER
Flood Gates, LLC
By: C A p/I M
Title: Member
STATE OF 0Y1jCW6L )
as
COUNTY OF
On this d f , 202�, befor me, the undersigned, a Notary Public
for the State of /? , personally appeared C.
��yy�-- ,b
known to me to be a Member of Flood Gates, 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)
(Printed Name Here)
,oIucr RANDIDLYLE Notary Public for the State of ci
� NOTARY PUSUC for the
oZ
r Steteofmonwz Residing at
SM ReSWc►9 at Wwwl MT My Commission Expires: or,0,xZW
My OF Api7,2M (Use 4 digits for expiration y ar)
F M0�
4
2811632 Page 5 of 5 09/22/2023 03.14.50 PM
DATED this 0-"7 day of AUI A 1 , 202 3.
LANDOWNER
,�f-r K,"-L (-- 1,
rban Villa Condo Association,Inc
Title: Pj;ySy(�'�'' d r
STATE OF Moiiana )
:ss
COUNTY OF Cno tl Oct, )
On this SI t%.,_day of Au; 1Ucd� , 2023, before me, the undersigned, a Notary Public
for the State of MOr1-�Atrta , personally appeared C. adam LAr%nto ,
known to me to be the (es, OF HO&of Urban Villa Condo Association, Inc`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)
Notary Public (Printed Name Here)
�o1AA�gf. >_top the State of Montana
Residing at: Notary Public for the State of '�
`* SEAL.: Bozeman, Montana g [�Q2eXYlan j MT'
a, Residing at
`9 .M� �; My Commission Expires:
May 23,202� My Commission Expires: 107-77-
(Use 4 digits for expiration year)
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