HomeMy WebLinkAbout24 - Waivers of Right to Protest - Boulder Creek Apartments, LLC - BOULER CREEK SUBDIVISION PHASE 1, Block 5 Lots 3A & 4A 2822565
Page: 1 of 4 03/21/2024 04:55:55 PM Fee $32.00
Eric Semerad - Gallatin County, MT MISC
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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
BOULDER CREEK APARTMENTS PHASE 2 (#21288)
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:'
FOR LOTS 3A&4A BLK 5 BOULER CREEK SUBDIVISION PHASE 1 LOCATED IN
SOUTH 1/2, SECTION 04, T2S,R5E P.M.M. CITY OF BOZEMAN, GALLATIN COUNTY,
STATE OF MONTANA. PLAT J-633
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 Catamount Street,
Jamboree Way,West Oak Street,Annie Street,North Cottonwood,North Laurel Parkway,Durston Road
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, curb/gutter, sidewalk,
and storm drainage facilities:
a. Intersection improvements to Catamount Street and Jamboree Way including lighting,
signalization/channelization,paving, curb/gutter, sidewalk, and storm drainage.
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b. Street improvements to West Oak Street including paving, curb/gutter, sidewalk, and
storm drainage
c. Street improvements to Annie Street including paving, curb/gutter, sidewalk, and storm
drainage
d. Street improvements to North Cottonwood Road including paving, curb/gutter,
sidewalk, and storm drainage
e. Street improvements to North Laurel Parkway including paving,curb/gutter, sidewalk,
and storm drainage
f. Intersection improvements to West Oak Street and North Laurel Parkway including
lighting, signalization/channelization,paving, curb/gutter, sidewalk, and storm
drainage.
g. Intersection improvements to West Oak Street and North Cottonwood Road including
lighting, signalization/channelization,paving, curb/gutter, sidewalk, and storm
drainage.
h. Intersection improvements to Durston Road and North Cottonwood Road including
lighting, signalization/channelization,paving, curb/gutter, sidewalk, and storm
drainage.
i. Intersection improvements to Annie Street and North Laurel Parkway 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
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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.
Lr
DATED this Z I " day of r1l1o_rc1r, ,2024.
LANDOWNER
BouldeV Cr�k Apartment ,LLC
By. v U�j/� f g O w r 3�Z�`20144
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this Z l day of 'M�rc-K , 2024,before me, the undeignj�a Notary�Public
�LLC
for the State of Montana, personally appeared S o hrr ��sue,, i,,� 3 own o fmo e e1
the landowner that executed the within instrument, and acknowledged to me that they executed the el`taq
same for and on behalf of landowner.
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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)
�P o° CYNTHIA M EDGMOND Notary Public for the State of YY\cMkar+c.
oTARi p= Notary Public Residing at �Z•c.rnc ,
*:N __q� o_for the state of Montana My Commission Expires:�esr., o zoz
.SEAL. Bozn,Residing Montana digits for expiration year) y
-9 (Use 4
pF Mp� My Commission Expires:
December 8,2024
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