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HomeMy WebLinkAbout03-West College Street Improvements Waiver of Right to Protest WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR WEST COLLEGE STREET IMPROVEMENTS The undersigned owner of real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: A tract of land being Tract 6B of Certificate of Survey No. 822, as recorded with the Gallatin County Clerk and Recorder, located in the Southeast One-Quarter of Section 11, Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana, being 5.IO4- acres along with and subject to any and all existing easements. IN CONSIDERATION, of receiving approval for a four-lot minor subdivision of the subject property from the City of Bozeman, along with the accompanying rights and privileges and for other valuable consideration,the receipt of which is hereby acknowledged,have waived and do hereby for itself,it's successors and assigns, waive the right to protest the creation of one or more special improvement districts for improvements, including: 1)paving, curb and gutter, sidewalk, stormwater drainage improvements, and ally associated traffic signalizatiou improvements for West Babcock Street., and 2) City-wide park maintenance district, or to make any written protest against the size or area or creation of the district to 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. This waiver shall be a covenant running with the land and shall not expire upon the dissolution of the company provided however this waiver shall apply only to the lands herein described. The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the successors and assigns of the parties hereto. DATED this /J`/day of C_J 1-n lal 2003. LANDOWNER By: DA YL GEORG ALBERDA, a.k.a.D. GEORGE ALBERDA B . ON WARREN ALBERDA, . .a.JON W.ALBERDA ldoAL• !`Ih By: DOUGLAS WILLIAM ALBERDA, a.k.a.DOUGLAS W.ALBERDA STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this �S—� day of �%� �-' , 2003, before me, a Notary Public for the State of Montana, personally appeared Daryl George Alberda, a.k.a. D. George Alberda, Jon Warren Alberda, a.k.a. Jon W. Alberda, and Douglas William Alberda, a.k.a. Douglas W. Alberda, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) (Printed Name Her ) Notary Public for the State of Montana Residing at Boe"M 6-1 ?7XX` /L k— My Commission Expires: 9-/Y -.ZOO / (Use 4 digits for expiration year)