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Home My WebLink About24 - Waivers of Right to Protest - RWH REALTY, LLC - Block "B" of the Original Plat of the City of Bozeman 2819526 Page: 1 of 6 01130/2024 03:47:34 PM Fee: $48,00 Eric Slemerae - Gallatin County, MT MISC Inter-office Original to: l�� 11,�� 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 COOPER BLOCK MIXED USE BUILDING 23-243 The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Parcel 1 of Deed 2785997: That part of Lots 5 and 6 in Block "B" of the Original Plat of the Town(now City) of Bozeman, Montana, as follows: Beginning at a point in the north line of said Lot 5 distant thirteen feet west of the northeast corner thereof,thence east along said north line thirty feet,thence south by a line parallel with the east line of said Lot 6, 140 feet, more or less, thence west along said south line of said Lots 5 and 6, 30 feet,thence north 140 feet,more or less,to the point of beginning,situate in the City of Bozeman, Gallatin County, Montana. (Deed Reference: Book 101, Page 365), Located in the NW 1/4 of Section 7, T02S, R06E, P.M.M., City of Bozeman, Gallatin County, Montana. IN CONSIDERATION of receiving approval for Site Plan/CCOA 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 Main Street and adjacent streets 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 1 2819526 Page 2 of 6 01/30/2024 03AT34 PM material, fiber optic conduit, curb/gutter, sidewalk, storm drainage facilities, and traffic signals for: a) Street improvements to Main Street between North Broadway Avenue and 71h Avenue including lighting, signalization, paving, curb/gutter,sidewalk, and storm drainage. b) Street improvements to Bozeman Avenue from East Dickerson Street to East Peach Street including lighting, signalization, paving, curb/gutter,sidewalk, and storm drainage. c) Street improvements to Rouse Avenue from East Olive Street to East Peach Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. d) Street improvements to Church Avenue from East Story Street to East Peach Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. e) Street improvements to Black Avenue from East Dickerson Street to East Peach Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. f) Street improvements to Tracy Avenue from East Peach Street to West Dickerson Street including lighting, signalization, paving, curb/gutter,sidewalk, and storm drainage. g) Street improvements to Wilson Avenue from West Dickerson Street to East Peach Street including lighting, signalization, paving, curb/gutter,sidewalk, and storm drainage. h) Street improvements to North Grand Avenue from West Dickerson Street to East Peach Street including lighting, signalization, paving, curb/gutter,sidewalk, and storm drainage. i) Street improvements to 3rd Avenue from West Short Street to West Story Street Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. j) Street improvements to 41h Avenue from West Story Street to West Villard Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. k) Street improvements to 5th Avenue from West Curtiss Street to West Villard Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. 1) Intersection improvements at East Main Street and Wallace Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. m) Intersection improvements at East Main Street and Rouse Avenue including lighting, 2 2819526 Page 3 of 6 01/30/2024 03AT34 PM signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. n) Intersection improvements at East Main and Bozeman Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. o) Intersection improvements at Main Street and Black Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. p) Intersection improvements at Main Street and Tracy Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. q) Intersection improvements at Main Street and Wilson Avenue including lighting, signal ization/cha nnelization, paving, curb/gutter, sidewalk, and storm drainage. r) Intersection improvements at Main Street and Grand Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. s) Intersection improvements at Main Street and Tracy Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. t) Intersection improvements at Main Street and 71h Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. u) Intersection improvements at North Black Avenue and East Peach Street including lighting, signalization/channelization, paving, curb/gutter,sidewalk, and storm drainage. v) Intersection improvements at East Mendenhall Street and Rouse Avenue including lighting, signalization/channelization, paving, curb/gutter,sidewalk, and storm drainage. w) Intersection improvements at West Mendenhall Street and Wilson Avenue including lighting, signalization/channelization, paving, curb/gutter,sidewalk, and storm drainage. x) Intersection improvements at Wilson Avenue and West Olive Street including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. y) Intersection improvements at Wilson Avenue and West Babcock Street including lighting, signalization/channelization, paving, curb/gutter,sidewalk, and storm drainage. 3 2819526 Page 4 of 6 01/30/2024 03A734 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 detennined 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. 4 2819526 Page 5 of 6 01/30/2024 03AT34 PM DATED this Z day of 202A. Owner: RWH REALTY,LLC By: ,n Name: Title: STATE OF ss COUNTY OF ) On this �— _day of , 20 Z , before me, the undersigned, a Notary Public for the State of Montana, personall appeared known to me to be �A � of RWH REALTY, LLC and the perso whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of RWH REALTY, LLC. IN WITNESS WHEREOF, I have hereun o set my hand and affixed my official seal the day and year first above written. (SEAL) (Printed Name Here) ,DES NOTARY PUBLIC SUSAN L. DES S Notary Public for the State of� � �g9 C for or the D' State of Montana Residing at2Qw.Gun ' Residing at pCommissionx My ires: ('2b-O`-ZDZ * AL.:* N, . z� Bozeman, Montana (Use 4 digits for expiration year) 9'FOFrno�`P My Commission Expires August 01, 2025 5 2819526 Page 6 of 6 01/30/2024 03A734 PM ACCEPTED: By CityN�Iakj ATTE T: '`°�? City C erk __ Y STATE OF MONTANA ) 7�*�� ss. e9 ....,.. �. p l-30 20 IgCounty of Gallatin ) 1 eta On this day ofVG(�(i1, , 20 2"l,before me, a Notary Public for the State of Montana, personally appeared JEFF MI ELICH and M4KE^ ^ "C, known to me to be the City Manager an ity Clerk for the City of Bozeman and the persons whose names are subscribed to the AJej6 DIU- 1 wit m instrument, and acknowledged to me that they executed the same for and on behalf of the City �1 of Bozeman. U" l�3Gy IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first above written. (SEAL) \EH H uti° JULIE HUNTER Rkaii Notary Public State of Montana otary ublic for the tate of Montana mane, Montana mmission Expires: une 11, 2025 (Printed Name) Residing at Bozeman, Montana My Commission Expires: Qt9/ ft 12025 6