HomeMy WebLinkAboutWW Phase IV Waiver of Right to Protest Inter-office Original to:
City of Bozeman
Planning Department
P.O.Box 1230
Bozeman,MT 59771-1230
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WAIVER OF RIGHT TO PROTEST
CREATION OF PARK MAINTENANCE DISTRICT
WEST WINDS PUD PHASE 4 SUBDIVISION
The undersigned owners of the real property situated in the City of Bozeman, County of
Gallatin, State of Montana, and more particularly described as follows:
A portion of the NW 1/4, Section 2,T2S, R5E, PMM, City of Bozeman, Gallatin County,
Montana
IN CONSIDERATION of receiving approval for subdivision 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 which
will be caused by the development of the above-described property,has waived and do hereby waive
for itself,its successors and assigns,the right to protest the creation of a city-wide park maintenance
district which will provide a mechanism for the fair and equitable assessment of maintenance costs
for city parks; or to make any written protest against the size or area or creation of the district to 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.
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In the event Special Improvement Districts are not utilized for the completion of these
projects, we agree to participate in an alternate financing method for completion of said
improvements on a fair share,proportionate basis as determined by square footage of the property,
linear front footage of the property, taxable valuation of the property, or a combination thereof
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This waiver shall be a covenant running with the land and shall not expire.
The terms, covenants and provisions of the Waiver shall extend to, be binding upon the
successors-in-interest and assigns of the parties hereto.
West Winds PUD Phase 4 Subdivision;Park Maintenance District Waiver P-08006 PAGE 1 OF 2
DATED this If".- day of 92008.
CORP RAT O
C�
C sca e Developme tn
c.
Joh M. Dunlap, Pre dt
STATE OF M,av�,� }
( :ss
County of Ga,\�61c, )
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On this day of 2008, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared John M. Dunlau, known to me to be the
President of Cascade Development, Inc., the corporation that executed the within instrument, and
acknowledged to me that he executed the same for and on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and
year first above written.
?M (Signature above
(Printed Name above)
' * Notary Public for State of Montana
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West Winds PUD Phase 4 Subdivision; Park Maintenance District Waiver P-08006 PAGE 2 OF 2