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HomeMy WebLinkAbout99- Waiver of Right to Protest the Creation of SID located 1201 Highland Boulevard FICA 2Q:3?'�E14�0 WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS WHICH WOULD INCLUDE PROPERTY LOCATED AT 1201 HIGHLAND BOULEVARD, BOZEMAN, MONTANA. We, 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: A portion of the Northeast Quarter of Section 18, Township 2 South, Range 6 East, PMM, City of Bozeman_, Gallatin County, Montana, and commonly referred to as 1201 Highland Boulevard, IN CONSIDERATION of receiving approval for a major site plan application to allow the construction of an independent and assisted living facility to replace the existing Hillcrest Retirement Center on property located at 1201 Highland Boulevard from the City of 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 impacts which will be caused by the development of the above-described property, have waived and do hereby waive for ourselves, our heirs, personal representatives, successors and assigns,-the ght to protest the creation of one or more special improvement districts for street improvements to Highland Boulevard,including paving,curb &gutter,sidewalk and storm drainage, 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. In the event Special Improvement Districts are not utilized for the completion of these projects, we agree to participate in an alternate financing method for completion of said improvements on a fair share, proportionate basis as determined by square footage of the property, linear front footage of the property, taxable valuation of the property, or a combination thereof. This waiver shall be a covenant running with the land and shall not expire, and shall apply to the lands 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. DATED this ( day of L,42 L 1999. PROPER T r' OWNER 4T - Nord wick, President & CEO Bozeman Deaconess Health System STATE OF MONTANA ) :ss County of Gallatin ) MLLCREST RETIREMENT CENTER MAJOR SITE PLAN #Z-9941 PAGE 1 OF 2 FIB!! 2031;CE14 )1 On this :7 day of 1999,John Nordwick,whose identity I verified on the basis of personally appeared, sworn to be the president and CEO JBozeman Deaconess Health, and subscribed before me, a Notary Public for the State of Montana. WITNESS WHEREOF,I have hereunto set my hand and set my seal the day and year ,Written. No4try Public for the State of Montana Residing at �. My Commissionexpires: V- INDEXED 400481 rL4TTED 3t41* of IMont., C0110ty at 8,911atin. &S Filed for record SF,pTF 5FR— 23 , 19 99 At 4 : 4 5 PM,,,- ail i C' j Ili r)ibC1, 203 LiI MISCELLANEOUS' 121"1 Recorder. By I?�gC _14�0 $12 . 00 PD �� Deputy RT: CITY PLANNING MLLCREST RETIREMENT CENTER MAJOR SITE PLAN #Z-994I PAGE 2 OF 2