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Home My WebLink About09- Waiver of Right to Protest Creation of SID, 255 Moss Bridge,. r rt ~ t Bozeman City Clerk P.O. Box 1230 Bozeman, MT 59771-1230 WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS CITY OF BOZEMAN WATER RECLAMATION FACILITY ~ ~ 255 MOSS BRIDGE ROAD 4 r *'r"~ a~ ~'~•;_" The undersigned owner of the real property situated in the Ciry of Bozeman, County of Y .~ Gallatin, State of Montana, and more particularly described as follows: Film 4 of Plats, page 672, North'/z Section 26, T1S, RSE, City of Bozeman, Gallatin County, Montana. IN CONSIDERATION of receiving approval for the Conditional Use Permit/Final Site 0U 0 to a~ 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, a~ and in recognition of the impacts to Spring Hill Road and Moss Bridge Road, which will be a i.= m o= caused by the development of the above-described property, the owner has waived and do hereby 0U~ N ~= waive for itself, its successors and assigns, the right to protest the creation of one or more special ~0"= improvement districts including but not limited to the following improvements: paving, ~ ~= M~~= curb/gutter, sidewalk, storm drainage, lighting, and the signalization of N. 19`'' Ave. and N °~= M ~ °__ Springhill Road, or to make any written protest against the size or area or creation of the district to N ~_= acs- - _ 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 an SID 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 Water Reclamation Facility SID Waiver Agreement: ~~r 1 fair share, proportionate basis as deternlined by square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. This waiver shall be a covenant running with the land herein described. The ternls, covenants and provisions of the Waiver shall extend to, and be binding upon the successors-in-interest and assigns of the parties hereto. DATED this ~~ day of i , 200~~ LANDOWNER < _.. City of Bozeman Chris Kukuls ki, City Manager STATE OF County of ss. On this ~~day of , 200; before me, a Notary Public for the State of Montana, personally appeared Chris K lski, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. ~~~~~P! ...... 0~~~~i (Seal) v,~~ ~Q,~ =~: NOTIII~~A~~ ~~ F : ._- . ___-. - -`~~ ~*._ ~~a~ . .~~~z~ i~ ~ .. ~ ~~ /,~~~TF l1 I I I I \~~~\\\ (Print Name Here) Notary Public for the State Residing at My Commissio Expires: (Use 4 digits for expiration year) Water Reclamation Facility SID Waiver Agreement: \O RTH V4 COR. 9EC.26 TIS, RSE, FOUND I° A%LE \\ S69°49 `/)~I~} 69.1 IF`~" ~ b~~ PROPERTY MAP OF THE BOZEMAN SEWAGE TREATMENT PLANT SITE _ LOCATED IN THE SEI/4 NWI/a AND SWI/4 NEI/4 SEC.26 TIS,RSE MPM Im wESTI/4coq. GALLATIN COUNTY, MONTANA NE I/6 aEC 26 FOUND I-I/2"PIPE \`' ~\ ~ s e9.53.OS,111E• ~ RIVERSIDE CC ~~~ `~ `~ ^~n -c"~-~ N /ti I ~~ I °l~ 2 ~r~m ~ °Im ~~ 2 ' i`n N - 1~\\\~\ 1\\ °In \t Zlo 3\ • ott r_ 0 e ,n a °~ ~ 2a `\t 1 1 _\ N t~ `~ ~ ~t a ~1, m SrAIE 1 ~ X00 ~~ ~ 1 t 1 -•-- DPEPTV LANE f)1 O 2pa 30" IRUN PI PE ~ 0 I'I/2'a 30'igON PIPE 1.^ ~lo I CENTER OF SE C710N 2n 111 T 16, F 5 E 11 MGM W U 2 Q J Q w ti a W Q 7 U_ a Df20 I 41.OQ~ OC. TOTALAR~q `1 \ f 4°53 ~_ tW ~N 6 \ N S~ N ~ \N \ t~`n 1 \L-_ (j ( . ( ` 1 I 1 ~ ~1 ( ( /. ~~ y - G72- f!!!1 1 reef 672 / -~.___ ca.aT. RoAC ~_~27I.38~ P4vf p N B7° 56~ 13" W ~ .~5, `° SJ9o a' b G4LLATIN ,0F COUNTY . `\ i v~ia7 DESCRIPTION ~ `~` ` A tract of land located In the Southeast Quarter (SE 1/4) of the Norhweet Quarter (NW 1/4) and the Southwest Quarter (SW 1/4) of the Nor[hnast Quarter (NE 1/4) of Section twenty-s lx (26), Township One fl) South, Range flue (5) East of the Montana Principle Mendlan and more Dart,cularly des crtbed as follows: CENTEq NE I/a SE C.26 TIS, R5E,MPM FOUND 2"PIPE I .~I _._ NC,1iM I/o CO R. E I/a 5 E C.26 FCJYC 3/e~PE. BAR. Beginning at a point which bears South eighty nine degrees Elfty s8: mtnutee and thirteen seconds Eaat (S 89° 56' l3" E) a distance of sixty one and fifteen hundredthe (61.15) Eeet from the center o[ said Section tw4:tty-a lx (26); thence, North twelve degrees thirty minutes and forty three seconds west (N 12° 30' 43" W) a tltetance of three hundred forty six antl twenty agh[ hundredths (346.28) feet; thence, North sigh teen degrees forty seven mtnutee and three seconds West (N 18° 47' 03" W) a dlatance tour hundred fifty sad seventy eight hundredthe (450,78) feet; thence, North six degrees fifty three min- utea and fifty three seconds Wea[ (N Ob° 53' S3" w) a distance of one hua!lred seventeen and nlnty four hundredths (117.94) feet; thence North one degree six- teen minutes and twenty seven seconds East a dlatance of one hundred e/pSteen and fifteen hundredths (118.15) fee[; thence North eleven degrees three minute9 and five seconds East (N 11° 03' OS" E) a dlatance of one hundred nine and seventy nine hundredthe (109.79) feet; thence North twenty one degrees thirty six minutes and fifty nine aeconda East (N 21° 3fi' S9" E) a distance of two hundred Ih'ty seven and twenty one hundredths (237,21) feet; thence South eighty nine degrees forty nine minutes and twenty five seconds East (S 89° 49' 25" E) a distance of elgMy nine and seventeen hundredths (89.17) tee[ to the Weat Quarter corner of the Northeast Quar- ter (NE 1/4) of said Section twenty-e lx (26): thence, South eighty nine deF'ees fifty three minutee and five aeconda East (9 89° 53' OS" E) a distance o[ one thousand, three hundred thirty three and fourteen hur.dredtha (1,333.14) feet [o the canter of the Northeast Quarter (NE I/4) of said Section twenty-s/x (26); thence, South one de- gree eleven mtnutee and thirty eight seconds Waet (S Of° 11' 35" W) a dlatance of one thousand three hundred twenty seven end Eive hundredths (1,327.05) feet to the South Quarter corner o[ the Northeast Quarter (NE 1/4) of said Section twenty alx (26); thence North eighty nine degrees fifty elx mtnutee and th trteen seconds West (N 69° 56. 13" W) a distance of one thousand two hundred ae venty one antl thirty eight hundredthe (1,271.38) feet to the said point of Beg inning and containing forty three and five hundred th lrty Nve thousands (43.535) acres. .\ \ \\ CERTIFICATE OF SURVEYOR I, `Nllllam F. Underwoed, a registered professional engineer and lend eucveyor In the State of Montana, Reg. No. 1654ES, do hereby certify that between Decem- ber J, 1968 and December 9, 1968, [supervised the survey of the above drts rxlbed tract of land ea shown on the attached drawing that such survey was mode to accor- ,••""= ~~~~~. dance with provts tons of the Montana Codes, and that Iron pipe property monuments were se[ as shown hereon, -~ / ~ p ,~ ~_\ 11 • Dated: December 12, 1968 fy~/~/ ~ (~nLe!&~-/1/-rte '~, j Vf" 'f ~_ Wllham F. Underwood _ ' Montana Re9• No, 1654E5 :A5,1.,~ `',: `7 Approved this day of 19fi8 APProved this day of 1968 CITY-COUNTY PLANNING BOARD BOARD OF COUNTY COMMI8SIONERS ~ ~~~~ President Chntnnan a