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HomeMy WebLinkAbout90- IA for Ready Lube Minor Site Plan Application #Z-91154 FILM 123 PACE 845 WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR INSTALLATION OF A TRAFFIC CONTROL DEVISE AT THE INTERSECTION OF SOUTH 19TH AVENUE AND COLLEGE STREET WE, as the undersigned owners of the real property situated in the County of Gallatin , State of Montana, and more particularly described as follows: The Amended Plat of College Park Professional Center - East (a P. U.D. ) , located in the SW 1 /4 of Section 12 , T2S, R6E, P.M.M. , City of Bozeman , Montana, and more commonly known as 1711 West College Street IN CONSIDERATION of receiving Preliminary Plat approval of a Minor Subdivision P. U . D. to create three building sites on the above-referenced property 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 traffic impacts 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, waive the right to protest the creation of one or more special improvement districts for the installation of a traffic control device at the intersection of South 19th Avenue and College Street, or to make any written protest against the proposed work or against the extent 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 . The waiver will be exercised when future traffic counts demonstrate a signal in this area is needed , and participation in said SID will be limited to a prorata share based on the f i nd i ngs of an i ndependent traff i c i mpact study . This waiver shall be a covenant running with the land and shall not expire . FILM 123 PACE 846 2/3 . . . Waiver of Right to Protest Creation of Special Improvement District for Signalization at South 19th and College James W. Kack , etal 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 s:10 day of 1990 . J ame ac k Joan Bee Kack tJohKenn , Jr . Patricia McKenna STATE OF MONTANA ) ss County of Gallatin ) On this -�)OC4_ day of 1990 , before me, a Notary Public for the State of Montana, personally appeared JAMES W. KACK known to me to be one of the persons who signed the foregoing Waiver of Protest, and acknowledged to me that he executed the same. IN WITNESS WHEREOF , I have hereunto set my hand and set my day and year first above written . -tV` y :Publ ' c for State of Montana sl.c.rit�g: Comm'l'Ss i On E p i res : �pC� .�7T/,�90 STATE OF MONTANA ) ss County of Gallatin ) On this _, day of ��-r.�-� �� �, 1990 , before me, a Notary Public for the State of Montana, personally appeared JOANNE BEE KACK, known to me to be one of the persons who signed the foregoing Waiver of Protest, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and set my seal the day and year first above written. 00, Notary., Public for State of Montana tes'i•d i itg : tss i on xp ' es : ',, $Ti. FILM 123 PAU 847 3/3 . . . Waiver of Right to Protest Creation of Special Improvement District for Signalization at South 19th and College James W. Kack , etal STATE OF MONTANA ) ss County of Gallatin ) On this day of � ��_�!� 1990 , before me, a Notary Public for the State of Montana, personally appeared JOHN J . MCKENNA, JR. , known to me to be one of the persons who signed the foregoing Waiver of Protest, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and set my seal the day and year first above written . Notary Publi for State of Montana RI-ej9�,TdA rig. i s s i 6 n E x r e s: c�• 7, /9 9 0 ,�TATE. ,=14ONTANA ) r.Ty"of Gallatin ss On this 302A day of ��m,�r��, 1990 , before me, a Notary Public for the State of Montana, personally appeared PATRICIA MCKENNA, known to me to be one of the persons who signed the foregoing Waiver of Protest, and acknowledged to me that she executed the same . IN WITNESS WHEREOF, I have hereunto set my hand and set my seal the day and year first above written . Notary Public or State of Montana Residing: Commission Ex p ' es: L •17I q0 w d 44030 ftAnV o� State at Montana County of Gallatin t Sr' Filed_ May 12 , 1g 92 at 10 . 2 0 A[VL,and- Recorded in book 12 3 a MISCELLANEOUS page 845 Cou ey Deputy Eft �L18. 0 Rt: City of Bozeman