HomeMy WebLinkAboutSID 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
The Pines Apartments Phase 2 Site Plan
Application #22-341
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
TRACT 2A, AMENDED KIRK SUBDIVISION OF PLAT F-1-D ON FILE AND OF
RECORD IN THE OFFICE OF THE CLERK AND RECORDER, GALLATIN COUNTY,
MONTANA, AND LOCATED IN THE SE 1/4 OF SECTION 11, T. 2 S., R. 5 E. OF P.M.M.,
CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA
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: 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 S. 19th Avenue from West Main Street to West Garfield Street including lighting,
signalization, paving, curb/gutter, sidewalk, and storm drainage.
b) Street improvements to College Street from South 11th Avenue to Huffine including lighting, signalization,
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paving, curb/gutter, sidewalk, and storm drainage.
c) Street improvements to South 23rd Avenue from West College to West Main Street including lighting,
signalization, paving, curb/gutter, sidewalk, and storm drainage.
d) Street improvements to South 15th Avenue from West College to West Main Street including lighting,
signalization, paving, curb/gutter, sidewalk, and storm drainage.
e) Street improvements to West Koch Street from Technology Blvd to South 11th Avenue including lighting,
signalization, paving, curb/gutter, sidewalk, and storm drainage.
f) Intersection improvements at College Street and South 19th Avenue including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
g) Intersection improvements at Technology Boulevard and West College Street including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
h) Intersection improvements at South 15th Avenue and West College Street including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
i) Intersection improvements at South 11th Avenue and West College Street including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
j) Intersection improvements at West Garfield Street and South 19th 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
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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.
DATED this _____ day of __________________, 2025.
LANDOWNER
_________________________________________
Rustic Home, LLC.
By: ______________________________________
Title:_____________________________________
STATE OF ____________ )
:ss
COUNTY OF __________ )
On this ________ day of ____________________, 2025, before me, the undersigned, a Notary Public for the
State of , personally appeared ___________________________, known to me to be the
Managing Member of Rustic Home, LLC, a Montana limited liability company that executed the within
instrument, and acknowledged to me that they executed the same for and on behalf of said Rustic Home, LLC.
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
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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