HomeMy WebLinkAbout006.03 - Appendix G - SID Waiver 1
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
2221 South 3rd Annexation, 24-714
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
Being Certificate of Survey No. 2636 Tract 2 Located in the Southeast One-Quarter of the Southeast
One-Quarter of Section 13, Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin
County, Montana.
Commencing at a point which is the Southwest corner of Section 13, Township 2 South, Range 5 East,
P.M.M., Thence South 89°04'35" West, a distance of 30.01 feet along the South line of Section 13 to
the Point of Beginning; thence South 89°04'35" West along the South line of Section 13 a distance of
234.03 feet; thence South 89°05'57" West along the South line of said Section 13 a distance of 26.63
feet; thence leaving said south section line North 0°54'03" West, a distance of 176.50 feet; thence
South 89°48'51" East, a distance of 263.96 feet to a point on the west right-of-way of South 3rd
Avenue; thence along said right-of-way South 0°11'09" West, a distance of 171.44 feet to the Point of
Beginning.
Said Tract contains 1.048 acres, more or less, and subject to all existing easements of record or
apparent on the ground.
IN CONSIDERATION of receiving approval for annexation 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:
1. Street improvements to South 3rd Avenue between West Kagy Blvd and West Graf Street,
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
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2. Intersection improvements at S 3rd Ave and West Kagy Blvd, including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
3. Intersection improvements at S 3rd Ave and West Graf Street, including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
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, signalization/channelization,
paving, curb/gutter, sidewalk, and storm drainage for the aforementioned street improvements.
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.
3
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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DATED this _____ day of __________________, 202__.
LANDOWNER
_________________________________________
Museum of The Rockies INC
By: [Christopher Dobbs]
Title: [Executive Director]
STATE OF ____________ )
:ss
COUNTY OF __________ )
On this ________ day of ____________________, 202__, before me, the undersigned, a Notary Public for the
State of , personally appeared ____Christopher Dobbs__________________, known
to me to be the _Executive Director_ of ___ Museum of The Rockies 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)
_________________________________________
(Printed Name Here)
Notary Public for the State of _________
Residing at _______________________
My Commission Expires:____________
(Use 4 digits for expiration year)
5
ACCEPTED:
_________________________
CITY OF BOZEMAN
By ______________________
City Manager
ATTEST:
_______________________________
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