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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. 2 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. 4 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