HomeMy WebLinkAbout13- Baxter Lane Waiver of Right to Protest creation of Special Improvement District Inter-office Original to:
City of Bozeman
Department of Community Development
20 Last Olive Street
45870`1
Page: 1 of 2 08/08/2013 04:49:56 PM Fee $14.00
Charlotte Mills - Gallatin County, MT MISc
1111111111111111 If 1111111111111 1111/I1111I11II111111111111f1111I1I111I
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and
more particularly described as follows:
A tract of land being Lot R-I of Amended Plat J-485A located in the Northeast One-Quarter
of Section 3, Township 2 South, Range 5 East, PMM, City of Bozeman, Gallatin County,
Montana, Said Tract of land being 36.94 acres more or less along with and subject to any
and all existing easements.
As a requirement of conditional subdivision approval of a portion of the real property described herein,
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 the subdivision of the described real
property may place on Baxter Lane, Davis Lane, and Oak Street 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 improvement
districts for the construction and maintenance of following improvements:
a. Street improvements to Baxter Lane west of North 19th Avenue including paving, curb/gutter,
sidewalk, and storm drainage (unless currently filed with the property)-
b. Street improvements to Davis Lane north of Baxter Lane including paving, curb/gutter,
sidewalk, and storm drainage (unless currently fled with the property).
c. Intersection control (e.g., signalization or round-about improvements at the intersection of
Baxter Lane and Davis Lane.
d. Signalization of the intersection of West Oak Street and Davis Lane;
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 an SID is not utilized for the completion of these improvements, the subdivider, as
identified by the subdivision application, agrees to participate in an alternate financing method for the
completion of said 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 is made for the benefit of the property described herein shall be a covenant running with
the land. This waiver shall be in full force and effect pursuant to §76-3-608(7), MCA,
The terms, covenants and provisions of this waiver shall extend to, and be binding upon the
successors-in-interest and assigns of the Landowner and the subdivider.
DATED this 7 day of CA 2013.
LANDOWNER
STATE OF MONTANA
ss'
County of Gallatin
On this day of 2013, before me, the u
Public for the State of ndersigned, a Notary
personally appeared A,
known to me to be the -of the entity that
executed the within instrument, and acknowledged to me, that he exccute�the�same for and on
behalf of said corporation,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
1 0 n
xr
(Printed Name Here)
Notary Public for the State of
Residing at/�� �-�,
My Commission Expires:Aj.l] 2pj.;
(Use 4 digits for expiration year)