HomeMy WebLinkAbout26.0 108 West Babcock SID waiver1
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
[PROJECT NAME: 108 W Babcock - PROJECT NUMBER: 24474
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
IN CONSIDERATION of receiving approval for site plan application 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 West Babcock Street from West Grand Avenue to South Tracy
Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm
drainage.
b) Street improvements to South Wilson Avenue from West Olive Street to West Main
Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm
ALDERSON ADD, S07, T02 S, R06 E, BLOCK B, Lot 1 - 2
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drainage.
c) Intersection improvements at West Babcock Street and South Wilson Avenue 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.
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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_______________________________
City Clerk
STATE OF MONTANA )
) ss.
County of Gallatin )
On this ______ day of ___________________, 20 , before me, a Notary Public for the State
of Montana, personally appeared CHUCK WINN and MIKE MAAS, known to me to be the City
Manager and City Clerk for the City of Bozeman and the persons whose names are subscribed to the
within instrument, and acknowledged to me that they executed the same for and on behalf of the City
of Bozeman.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and
year first above written.
(SEAL)
______________________________________
Notary Public for the State of Montana
___________________________________
(Printed Name)
Residing at Bozeman, Montana
My Commission Expires: / /20