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Home My WebLink About017 - Appendix J - Recorded SID Waiver Inler-office Ori�inal to: Ci�y of Boreman Ciq�Clcrk PO 130� 1230 13o-r,eman M"I' S49771-1230 2795728 Page: i of C 02/ti/2023 11:29:08 Rn Fee E32.00 Eric Semeratl - Ga ll atin Counly, MT f715C I IIIIIII IIII'I III IIII IIIIIII IIIIII IIII IIII IIIII IIIII�III IIIIIII III IIIII IIIII IIIII IIII IIII WAIVER OF RICHT TO PROTEST CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS WALLACG WORKS SITE PLAN APP #22156 The undersigned o�vner of the real property situated in the County oPGallatin, State of Montana, and more particularly described �s lallo�vs: S6, T2S, R6E, LOTS 2 & 3 OF PLAT C-23-A18, LOT 2 OF PLAT G23-A16, & TRACT 1 OF MINOR SUBDIVISION NO. 3 IN CONSIDERATION of recei��ing approval for Site Plan oPthe subject property from the Ciq� of[3ozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby ackno��ledged, and in recegnition oPthe impacts to Wallace Avenue and Tamarack Strcet which will be caused by the development of the above-described property; the owner has waived and does hereby waive for itselP. its successors and assigns forever the right to protest the creation of one or more special districts or special improvement districts Por the design and engineering; construction and maintenance oP follo�ving improvements: a) Strcet improvements to N Rousc A��enuc behvccn Bund Street and E Lammc Strect including lighting, signaliz�tion, pa��ing, curb/guttcr, sidcwalk, and storm drainage. b) Strcet improvements to E Tamarack St behvicen N Tracy Avcnue and L street including lighting, signalvation, paving, curb/gutter, sidewalk, and storm drainage. c) Street improvements to E Peach Street behvicen N Tracy Lane to Plum A��enue including lighting, signaliration, paving, curb/gutter, side�valk, and storm drainage. d) Strect impro��ements to L street benvicen E Tamarack St and E Oak Street including 1 2795728 Page 2 of 4 02/1 4/2023 1 1 29:08 P,M lighting, signalization, paving, curb/guttcr, sidewalk, and storm drainagc. e) Intcrsectiun impro��cments :�t Oak Strcet and Rousc Avc including lighting, signaliration/channclization, pa��ing, curb/gut[cr, sidewalk, and storm drainagc. � Intcrsection impro��emcnts at Pcach St :�nd Rousc Avcnuc including lighting, signal'•u.atiun/channclization, paving, curb/gutter, sidc�ralk, and storm drainagc. g) Interscctiun improrcments at E Tamuruck St and Rouse A��enuc including lighting, signali•r.ation/ch�nnclization, p�ving, curb/guttcr, sidewalk, and storm drainage. h) Interscction impruvcments at E "1'amarack St and L Street including lighting, signalization/channeli•r.ation, paving, curb/guttcr, side�ralk, and storm drainage. Lando�vner agrees the Ciq� 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 inPrasU'ucture plans and requirements. Purther, Uie Lando��mer ��aives its right or to make any wriuen protest against the sire or area or crealion of the district be assessed in response to a dulp passed resolution ofintention 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 utilired for the completion of these impro��ements. the de��eloper agrees to participate in an alternate financing method for the completion oP said improvements on n fair share, proportionate basis as dctennined by the City un the basis of the square footage of properq�, tasable valuation of the propercy, traftic contribution from the development or a combination thereol'. "I�his waiver is made for the benefit of U�e property described herein shall be a covenant running �vith the land. The terms, co��enants and provisions of this waiver shall estend to; and be binding upon the successors-in-interest and assigns of the Landowner. DA"I�ED this 1 Ith day of.lanuary. 2023. � 2795728 Page 3 of 4 02/1 4/2023 1 1 29:08 AM LANDOWNGR ��'� 6ReraRy „� , av�S STATE OF MONTANA ) :ss COUNTY 01= GALLATIN ) On this day of . 2023, before me, the signed, a Notary Public Por the State of Montana, personally appeared , known to me to be the landowner that esecuted the within instrument, and � owledged to me that they executed the same for and on behalf of landowner. IN WITNESS WHER , have hereunto set m�� hand and affised my official seal the day and year first above wri . (SGAL) �' p��St �t dl�a�d (Printed Name I-Iere) �..{�-��t Notary Public for the State of Residing at My Commission Expires: (Use 4 digits for expiration year) 3 2795728 Page 4 of 4 02/1 4/2023 1 1 29:08 AM CALIFORNIA ACKNOWLEDGMENT CIVIL CODE 4 1189 A notary publit or oiher oNicer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuraty,or validiry of thal doament. State of California l County of Santa Clara j on 8 February 2023 berore me, G. Morabito Urrutia Notary Public , Daie Here Insert Name ond Title o/the OKcer personally appeared GfegofV M. Avls Name(sJ o/Signer(sJ who proved to me on the basis of satisfactory evidence to be the person�s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/[heir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing � paragraph is true and correct. c..on.eiro o�auTi. No4ryDuplic�C�lilanu WITNESS my hand and official seal. +'� Ln�rarcisso Counry � Canmiuim Y1�]�!)6 - +f Cemm.Fapire lan V.taE) Signature ' Place Notory Seal ond/or Stomp Above ignature o/Notary Public OPTIONAL Completing this information can deler alteration o(the document or /raudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Waiver of Right to Protest Document Date: 8 February 2023 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer —Title�s): o Corporate O�cer— Title(s): ❑ Partner — ❑ �imited ❑ Generel o Partner — o Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: m2018 National Notary Associalion