HomeMy WebLinkAbout10- Empire Building Materials / Ponderosa Land Co., Waiver of Right to Protest Creation of Special Improvement Districts f
Inter office Q_Ktnal to:
City of Bozeman
Planning Depaittnent
2() East Olive Street
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
EMPIRE BUILDING MATERIALS /PONDEROSA LAND COMPANY
1101 PEAR STREET
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:
Parcels A, B, C of COS 539 and Tract 1 of COS #1363 in SE 1/4 of Sec. 6, T, 2 S, R6E,
P.M.M. City of Bozeman, Gallatin County, Montana.
IN CONSIDERATION of receiving approval for the Site Plan /Variances /Certificate of
Appropriateness (Project #Z -09089 and #C- 10001) for the subject property(s) from the City of
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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 conditions of approval from
the City Cointnission as part of said approval, the owner(s) have waived and do hereby waive for
itself, its successors and assigns, the right to protest the creation of one or more special
improvement districts including but not limited to the following improvements: asphalt, curb
GO gutter, sidewalk, necessary utility extensions, and storm drainage along the entire frontage of the
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property(s) fur L Street, and a trunk sewer main to provide service to the property, or to make any
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written protest against the size or area or creation of the district to be assessed in response to a duly
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passed resolution of intention to create one or more special improvement districts which would
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23 include the alcove- described property(s).
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El In the event an SID is not utilized for the completion of these improvements, the property-
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CD2 yM owner(s) agtec to participate in an alternate financing method for the completion of said
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(NI 11;) .Esnpitc Building yIatcnals /Ponderosa Land Comport SIID Waiver Agreement:
improvements on a fair share, proportionate basis as determined 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 terms, covenants and provisions of the Waiver shall extend to, and be binding upon the
successors -in- interest and assigns of the parties hereto.
LANDOWNER(S):
L ave --0C. b k
H� iJiI P
Printed Ndme Title
SI ATE OF aJ AVM ,t//9
5S.
County of 0.974/
On Iris day of 6 ow 201 0 before me, a Notary P blic for the State of„ d�
Montana, ersona y appeared Ann o m' to e tie person wv ose name is
subscribed to the within instrument and acknowledged to the 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.
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CA, t ['�(.(�'rint Name Here)
j (Seal) Notary Public r the State of Montana
Residing at /'ad -5
w Y z My Commission Expires: 7�/9/a'b/'
!i1 (l sc -4 digits for expiration year)
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empire Building llsiterials /Ponderosa ',and Company SID \V`aivet Agreement.
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Ponderosa Land Company I
Printed ame Title
STATE OF /he t RAI
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County of A��
On this G /4 day of Aiat d/ci 2010, befo the a N t�t P,, lic or the State
of Montana, p r n appeared G ket /!72
/95'1.9 nown to me to e t 1e person w ose name is
subscribed to the within instrument and acknowledged to the that he executed the same.
IN WITNESS WFIEREOF, 1 have hereunto set my hand and affixed my Notarial Seal the
day and veat first above written.
E. f C� 6I7427 '4c//V (Print Name Here)
Seal Notary Public f 9 r the >tate of Montana
Residing at free a yr,Es
My Carnmission Expires: 9//9 /d
t^ y fise 4 digits for expirations year)
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