HomeMy WebLinkAbout019 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
#24461 Blackmore Cottage Site Plan
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
LOT 1A OF AMENDED PLAT OF LOT 1 AND LOT 2, BLOCK 2, ALLISON SUB PH
4A, S24, T02 S, R05 E, PER PLAT J-702C
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 Student Drive between South 7th Avenue and South 11th Avenue
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
b) Street improvements to Opportunity Way between Bon Ton Avenue and South 11th
Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
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c) Street improvements to South 11th Avenue between Arnold Street and West Kagy
Boulevard including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
d) Intersection improvements at Kagy Boulevard and South 11th Avenue including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
e) Intersection improvements at Stucky Road and South 11th Avenue including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
f) Intersection improvements at Arnold Street and South 11th 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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DATED this _____ day of __________________, 20____.
LANDOWNER
_________________________________________
Blackmore Cottage Co, LLC
By:
Title:
STATE OF ____________ )
:ss
COUNTY OF __________ )
On this ________ day of ____________________, 20____, before me, the undersigned, a Notary Public for the
State of , personally appeared _____________________________, known to me to be
the _____________ of _______________ 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)
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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 ____________________ and _________________, 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