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HomeMy WebLinkAbout97- West Oak, Durston, Annie, N 27th, N19th, Street Waiver of Right to Protest EXHIBIT "A" WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS AND RURAL IMPROVEMENT DISTRICTS FOR PAVEMENT, CURB, GUTTER, SIDEWALK, BOULEVARD AND DRAINAGE TO WEST OAK STREET The undersigned owner of real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: The SWIA of Section 2, Township 2 South, Range 5 East, M.P.M., Gallatin County, Montana, EXCEPTING THEREFROM the W'/2W'/2NW'/4SW'/4 and the W'/2W'/2W'/2SW'/4SW'/4, Gallatin County, Montana IN CONSIDERATION, of receiving annexation approval from the City of Bozeman, along with the accompanying rights and privileges and for other valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the impact to West Oak Street, Durston Road, Annie Street, and North 27th Avenue which will be caused by the development of the above-described property, has waived and does hereby for itself, its successors and assigns, waive the right to protest the creation of one or more special improvement districts for curb, gutter, sidewalk, pavement, and drainage to West Oak Street to City street standards 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 with the dissolution of the limited partnership, 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-in-interest and assigns of the parties hereto. Gateway Limited Partners Annexation Agreement - Exhibit "A" Waiver of Right-to-Protest Creation of S.I.D. and R.I.D. West Oak Street Page Two of Two DATED this _ day of j-- ' ,1997. GATEWAY LIMITED PARTNERS A Limited Partnership By: WALTER WOLF Its: General Ruftner STATE OF MONTANA ) :ss County of Gallatin ) On this 3rd day of September 1997, before me, a Notary Public for the State of Montana, personally appeared WALTER WOLF, known to me to be the general partner of GATEWAY LIMITED PARTNERS, a limited partnership and acknowledged to me that he executed this instrument on behalf of said limited partnership pursuant to the power and authority vested in him. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal as of the day and year first above written. Notary Public or the State of Montana (Seal) Residing at: Bozeman My Commission Expires 12/21/99 EXHIBIT "B" WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS AND RURAL IMPROVEMENT DISTRICTS FOR PAVEMENT, CURB, GUTTER, SIDEWALK, BOULEVARD AND DRAINAGE TO DURSTON ROAD The undersigned owner of real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: The SWIA of Section 2, Township 2 South, Range 5 East, M.P.M., Gallatin County, Montana, EXCEPTING THEREFROM the W1/2W1/2NW1/4SW1/4 and the W1/2W1/2W1/2SW1/4SW1/4, Gallatin County, Montana IN CONSIDERATION, of receiving annexation approval from the City of Bozeman, along with the accompanying rights and privileges and for other valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the impact to West Oak Street, Durston Road, Annie Street, and North 27th Avenue which will be caused by the development of the above-described property, has waived and does hereby for itself, its successors and assigns, waive the right to protest the creation of one or more special improvement districts for curb, gutter, sidewalk, pavement, and drainage to Durston Road to City street standards 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 with the dissolution of the limited partnership, 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-in-interest and assigns of the parties hereto. Gateway Limited Partners Annexation Agreement - Exhibit "B" Waiver of Right-to-Protest Creation of S.I.D. and R.I.D. Durston Road Page Two of Two DATED this day of C ,1997. GATEWAY LIMITED PARTNERS A Limited Partnership By: WALTER WOLF Its: cienerall Partner STATE OF MONTANA ) :ss County of Gallatin ) On this 3rd day of sePtenber , 1997, before me, a Notary Public for the State of Montana, personally appeared WALTER WOLF, known to me to be the general partner of GATEWAY LIMITED PARTNERS, a limited partnership and acknowledged to me that he executed this instrument on behalf of said limited partnership pursuant to the power and authority vested in him. 1N WITNESS WHEREOF, 1 have hereunto set my hand and affixed my Notarial Seal as of the day and year first above written. Notary Publi for the State of Montana {Seal; Residing at: Bozeum My Commission Expires 12/21/99 EXHIBIT "C" WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS AND RURAL IMPROVEMENT DISTRICTS FOR PAVEMENT, CURB, GUTTER, SIDEWALK, BOULEVARD AND DRAINAGE TO ANNIE STREET The undersigned owner of real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: The SWIA of Section 2, Township 2 South, Range 5 East, M.P.M., Gallatin County, Montana, EXCEPTING THEREFROM the WI/2W1/2NW1/4SW'/4 and the W1/2W1/2W1/2SWI/4SWI/4, Gallatin County, Montana IN CONSIDERATION, of receiving annexation approval from the City of Bozeman, along with the accompanying rights and privileges and for other valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the impact to West Oak Street, Durston Road, Annie Street, and North 27th Avenue which will be caused by the development of the above-described property, has waived and does hereby for itself, its successors and assigns, waive the right to protest the creation of one or more special improvement districts for curb, gutter, sidewalk, pavement, and drainage to Annie Street to City street standards 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 with the dissolution of the limited partnership, 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-in-interest and assigns of the parties hereto. Gateway Limited Partners Annexation Agreement - Exhibit "C" Waiver of Right-to-Protest Creation of S.I.D. and R.I.D. Annie Street Page Two of Two DATED this day of ,1997. GATEWAY LIMITED PARTNERS A Limited Partnership By: WALTER WOLF Its: General Partner STATE OF MONTANA ) :ss County of Gallatin ) On this 3rd day of September , 1997, before me, a Notary Public for the State of Montana, personally appeared WALTER WOLF, known to me to be the l partner of GATEWAY LIMITED PARTNERS, a limited partnership and acknowledged to me that he executed this instrument on behalf of said limited partnership pursuant to the power and authority vested in him. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal as of the day and year first above written. Notary Public f the State of Montana (Seal) Residing at: Bozeman My Commission Expires 12/21/99 EXHIBIT "D" WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS AND RURAL IMPROVEMENT DISTRICTS FOR PAVEMENT, CURB, GUTTER, SIDEWALK, BOULEVARD AND DRAINAGE TO NORTH 27TH AVENUE The undersigned owner of real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: The SWIA of Section 2, Township 2 South, Range 5 East, M.P.M., Gallatin County, Montana, EXCEPTING THEREFROM the W'/2W'/2NWI/4SW1/4 and the W'/2W'/2W'/2SW'/4SW'/4, Gallatin County, Montana IN CONSIDERATION, of receiving annexation approval from the City of Bozeman, along with the accompanying rights and privileges and for other valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the impact to West Oak Street, Durston Road, Annie Street, and North 27th Avenue which will be caused by the development of the above-described property, has waived and does hereby for itself, its successors and assigns, waive the right to protest the creation of one or more special improvement districts for curb, gutter, sidewalk, pavement, and drainage to North 27th Avenue to City street standards 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 with the dissolution of the limited partnership, 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-in-interest and assigns of the parties hereto. Gateway Limited Partners Annexation Agreement - Exhibit "D" Waiver of Right-to-Protest Creation of S.I.D. and R.I.D. North 27th Avenue Page Two of Two cs� DATED this day of ,1997. GATEWAY LIMITED PARTNERS A Limited Partnership By: >. ALTER WOLF Its: C.ieneral Partner STATE OF MONTANA ) :ss County of Gallatin ) On this 3rd day of September , 1997, before me, a Notary Public for the State of Montana, personally appeared WALTER WOLF, known to me to be the general partner of GATEWAY LIMITED PARTNERS, a limited partnership and acknowledged to me that he executed this instrument on behalf of said limited partnership pursuant to the power and authority vested in him. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal as of the day and year first above written. Notary Public fot the State of Montana (Seal) Residing at: Bozeman My Commission Expires 12/21/99 EXHIBIT "E" WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR SIGNALIZATION AT THE INTERSECTION OF WEST OAK STREET AND NORTH 19TH AVENUE The undersigned owner of real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: The SW'/4 of Section 2, Township 2 South, Range 5 East, M.P.M., Gallatin County, Montana, EXCEPTING THEREFROM the W'/2W1/2NW'/4SW'/4 and the W/2W'/2W/2SW/4SW/4, Gallatin County, Montana IN CONSIDERATION, of receiving annexation approval from the City of Bozeman, along with the accompanying rights and privileges and for other valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the impact to West Oak Street and North 19th Avenue, which will be caused by the development of the above-described property, has waived and does hereby for itself, its successors and assigns, waive the right to protest the creation of one or more special improvement districts for signalization improvements at the intersection of West Oak Street and North 19th Avenue 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 with the dissolution of the limited partnership, 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-in-interest and assigns of the parties hereto. Gateway Limited Partners Annexation Agreement - Exhibit "E" Waiver of Right-to-Protest Creation of S.I.D. Signalization at West Oak Street and North 19th Avenue Page Two of Two DATED this day of 1997. GATEWAY LIMITED PARTNERS A Limited Partnership By: WALTER WOLF Its: Ge partner STATE OF MONTANA } :ss County of Gallatin ) On this 3rd day of September , 1997, before me, a Notary Public for the State of Montana, personally appeared WALTER WOLF, known to me to be the general partner of GATEWAY LIMITED PARTNERS, a limited partnership and acknowledged to me that he executed this instrument on behalf of said limited partnership pursuant to the power and authority vested in him. IN WITNESS WHEREOF, l have hereunto set my hand and affixed my Notarial Seal as of the day and year first above written. Notary Public td r the State of Montana ;Seal) Residing at: Bozeman My Commission Expires 12/21/99 EXHIBIT "F" WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR SIGNALIZATION AT THE INTERSECTION OF DURSTON ROAD AND NORTH 19TH AVENUE The undersigned owner of real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: The SW'/4 of Section 2, Township 2 South, Range 5 East, M.P.M., Gallatin County, Montana, EXCEPTING THEREFROM the W'/2W'/2NW'/4SW'/4 and the W'/2W'/2W'/2SW'/4SW'/4, Gallatin County, Montana IN CONSIDERATION, of receiving annexation approval from the City of Bozeman, along with the accompanying rights and privileges and for other valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the impact to Durston Road and North 19th Avenue, which will be caused by the development of the above- described property, has waived and does hereby for itself, its successors and assigns, waive the right to protest the creation of one or more special improvement districts for signalization improvements at the intersection of Durston Road and North 19th Avenue 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 with the dissolution of the limited partnership, 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-in-interest and assigns of the parties hereto. Gateway Limited Partners Annexation Agreement - Exhibit "F" Waiver of Right-to-Protest Creation of S.I.D. Signalization at Durston Road and North 19th Avenue Page Two of Two -� DATED this day of , 1997. GATEWAY LIMITED PARTNERS A Limited Partnership By: WALTER WOLF Its: l Partner STATE OF MONTANA ) :ss County of Gallatin ) On this 3rd day of September , 1997, before me, a Notary Public for the State of Montana, personally appeared WALTER WOLF, known to me to be the general partner of GATEWAY LIMITED PARTNERS, a limited partnership and acknowledged to me that he executed this instrument on behalf of said limited partnership pursuant to the power and authority vested in him. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal as of the day and year first above written. Notary Public f the State of Montana (Seal) Residing at: Bozeman My Commission Expires 12/21/99 • Joseph w. Sabol Joseph wn Sabol H ATTORNEYS AND COUNSELORS AT LAW PHONE(406)587-9338 TELEFAX(406)587.9752 225 EAST MENDENHALL BOZEMAN, MONTANA 59715 September 3, 1997 Dave Skelton Hand Delivered City-County Planning Dept. City of Bozeman RE: GATEWAY LIMITED PARTNERS Annexation Agreement Our File No. 97-4119-1 Dear Dave: Pursuant to the decision of the City Commission and relative to Gateway Limited Partners' Annexation Agreement, enclosed please find executed and notarized Waivers of Right to Protest, Exhibits "A" through "F" to the Annexation Agreement, which are being delivered to you for safekeeping. Should you have any questions or desire further information, please contact me at your earliest convenience. Best personal regards. Very truly yours, JOS H W. SABOL JWS:sfb Enclosures c: Andy Epple Walt Wolf