HomeMy WebLinkAbout93- Participation in a Parks Maintenance District WAIVER OF RIGHT TO PROTEST
PARTICIPATION IN A PARKS MAINTENANCE DISTRICT
WE , the undersigned, owners of the real property situated in
the County of Gallatin, State of Montana, and more particularly
described as follows :
Lots 1 , 2 , and 3 , Block 14 , Annie Subdivision,
Phase 1 , City of Bozeman, Gallatin County, Montana,
and more commonly described as a 10 . 55 acre tract of
land located at the northwest corner of the intersection
of Durston Road and North 22nd Avenue .
IN CONSIDERATION of receiving Major Site Plan approval from
the City of Bozeman, along with accompanying rights and privileges
and for other and valuable consideration, the receipt of which is
hereby acknowledged , in recognition of the use to the park in Annie
Subdivision that will be generated by the development of the above-
described property, have waived and do hereby for ourselves , our
heirs , personal representatives , successors and assigns , the right
to protest the creation of a parks maintenance district for the
purpose of maintaining and developing the park in Phase 1 of Annie
Subdivision, or to make any written protest against the proposed
work or against the extent or creation of a parks maintenance
district to be assessed in response to a duly passed resolution of
intention to create a parks maintenance district which would
include the above-described property.
This Waiver is limited to the Landowners ' proportionate share
of the costs associated with said maintenance and development
improvements, with the understanding that the portion of financial
contribution fo.r development of the park applicable to the above
mentioned property shall be limited to an amount not to exceed Six
Thousand Dollars ( $6 , 000 . 00 ) . This figure is based upon 1991 cost
estimates of development and shall increase or decrease in direct
proportion to the Consumer Price Index, furnished by the Department
of Labor, Bureau of Labor Statistics , as compared with the Consumer
Price Index as of December, 1991 .
This waiver shall be a covenant running with the land and
shall not expire .
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Waiver of Right to Protest Participation in a Parks Maintenance
District for the Park in Annie Subdivision, Phase 1 (Dickinson
Manor Apartment Complex)
We warrant that we are lawfully seized and possessed of the
real property described above and that we have a lawful right to
convey the property or any part of it.
DATED this day of z , 19 .
William B. Cole , III
a'L-A A-,I X-L
Andrew Imperaiti
STATE OF MONTANA )
: ss
County of Gallatin )
On this d2iV) day of Q e , 19 �7-3 , before me, a
Notary Public for the State of Ont a, personally appeared William
B. Cole, III and Andrew Imperaiti known to me to be the persons
who executed the foregoing Waiver of Protest and acknowledged to me
that they executed the same .
IN WITNESS WHEREOF, I have hereunto set my hand and set my
seal the day and year first above written.
Notary Publ '' // or State of Montana
Residing at �6zeman
My Commissidn Expires : M 22, MY
(SEAL)
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