HomeMy WebLinkAbout26 - Waivers of Right to Protest - Landern West LLC - 705 S Church Ave Duplex BP 24-376272871042
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CityofBozeman
CityClerk
PO Box 1230
Bozeman MT 59771-1230
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS
705 S CHURCH AVE DUPLEX BP 24-37627
The undersigned owner of therealproperty situatedinthe County of Gallatin,Stateof Montana,
and more particularlydescribedas follows:
ALL THAT PART OF THE SW1/4SE1/4 OF SECTION 7,TOWNSHIP 2 SOUTH,RANGE 6
EAST,CITY OF BOZEMAN,GALLATIN COUNTY,MONTANA,INCLUDED WITHIN
THE FOLLOWING METES AND BOUNDS:COMMENCING AT A POINT IN THE WEST
LINE OF SAID 1/4OF ¼SECTION,998½FEET SOUTH OF THE NORTHWEST CORNER
THEREOF;THENCE EAST 379½FEET;THENCE SOUTH 132 FEET;THENCE WEST
379½FEET;THENCE NORTH 132 FEET TO THE PLACE OF BEGINNING.
ACCORDING TO WARRANTY DEED RECORDED IN FILM 46,PAGE 562.TOGETHER
WITH THAT PORTION OF THE ABANDONED CHICAGO,MILWAUKEE,ST.PAUL
AND PACIFIC RAILROAD COMPANY'S RIGHT OF WAY LOCATED IN SECTION 7,
TOWNSHIP 2 SOUTH,RANGE 6 EAST,M.P.M.,GALLATIN COUNTY,MONTANA
ADJACENT TO THAT PARCEL DESCRIBED ABOVE,WHICH LIES SOUTH AND EAST
OF A LINE PARALLEL TO AND DISTANT 7½FEET SOUTHEASTERLY FROM THE
CENTERLINE OF THE FORMER MAIN TRACK,AND WHICH IS LOCATED BETWEEN
THE NORTH BOUNDARY LINE (EXTENDED)AND THE SOUTH BOUNDARY LINE
(EXTENDED)OF SAID PARCEL AS DESCRIBED ABOVE.SAID RIGHT OF WAY
BEING AS SHOWN ON THAT CERTAIN RIGHT OF WAY AND TRACK MAP FILED 9-
25-85 AT 11:57 A.M.UNDER PERMANENT FILE NO.770-C IN THE OFFICE OF THE
COUNTY CLERK AND RECORDER OF GALLATIN COUNTY,MONTANA.
IN CONSIDERATION of receivingbuildingpermit approval forthe subjectpropertyfrom the
City of Bozeman,along with accompanying rights and privilegesand for other and valuable
consideration,the receiptof which ishereby acknowledged,and in recognitionof the impacts to water
mains,sewer mains and streetswhich will be caused by the development of the above-described
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property,the owner has waived and does hereby waive foritself,itssuccessorsand assignsforeverthe
rightto protestthe creationof one or more specialdistrictsor specialimprovement districtsfor the
design and engineering,constructionand maintenance of followingimprovements:
a)Streetimprovements to South Church Avenue between East Story Streetand East Kagy
Boulevard including lighting,signalization,paving,curb/gutter,sidewalk,shared use path,and
storm drainage.
b)Sanitary sewer improvements in South Church Avenue to the existing6-inch pipe
including surface restorationfrom the subject property to East Olive Street.
c)Water improvements in South Church Avenue from the subject property to the existing
8-inch distributionmain in East Story Street,including surface restoration.
Landowner agrees the City has the sole rightto controlthe design and constructionof such
improvements and may include any of the above components and others necessary to ensure such
improvements comply with all adopted City infrastructureplans and requirements.Further,the
Landowner waives itsrightor to make any writtenprotestagainstthe sizeor area or creationof the
districtbe assessed in response to a duly passed resolutionof intentionto createone or more special
improvement districtswhich would includethe above-describedproperty.
In theevent a specialdistrictor specialimprovement districtisnot utilizedforthecompletion of
these improvements,the developer agrees to participatein an alternatefinancing method for the
completion of said improvements on a fairshare,proportionatebasisas determined by the City on the
basisof the square footageof property,taxablevaluationof the property,trafficcontributionfrom the
development or a combination thereof.
This waiver ismade forthe benefitof the propertydescribedhereinshallbe a covenant running
with the land.
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The terms,covenants and provisionsof thiswaiver shallextend to,and be binding upon the
successors-in-interestand assignsofthe Landowner.
DATED this day of CMA ,202 .
LANDOWNER
Name:ANDffnj IfSS 7 J..2--C
Title:
STATE OF entamm )
:ss
COUNTY OF C1gl Wq )
On this2.3 day of Ff¾rouq.,202_jp__,beforeme,theundersigned,a Notary PublicfortheStateof
Montana,personallyappeared‰csb3i orw known tome tobe the rflewDW of /s sq
wew u&thatexecutedthewithm instrument,and acknowledgedtome thattheyexecutedthesame for
and on behalfoflandowner.
IN WITNESS WHEREOF,Ihave hereuntosetmy hand and affixedmy officialsealtheday and yearfirst
above written.
(SEAL)
,A A (PrintedName Here)
oTAR/4 fortheStateofMontana Notary PublicfortheStateof /
Residingat:Residingat
o a My corn issinE ies:My Commission Expires:
March21,2028