HomeMy WebLinkAbout91- Installation of Traffic Control FILM J22 PACF2050
WAIVER OF RIGHT TO PROTEST
THE NEED FOR INSTALLATION OF A TRAFFIC CONTROL DEVICE
AT THE INTERSECTION OF SOUTH 19TH AVENUE
AND WEST COLLEGE STREET
I, as the undersigned representative of First Security Bank
of Bozeman, being owners of the real property situated in the
County of Gallatin, State of Montana, and more particularly
described as follows:
Tracts 3A-31 3B-1, 3B-2 and Tract 4, Minor Subdivision
No. 28 and Tract A of Tract 2, Certificate of Survey No.
309, and located in the Southwest One-Quarter of Section
12, Township 2 South, Range 5 East, M.P.M. , Gallatin
County, Montana.
IN CONSIDERATION of receiving a Conditional Use Permit to
develop a drive-in banking facility on the above-described property
in 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
South 19th Avenue which will be caused by the development of the
above-described property, have waived and do hereby for ourselves,
heirs, executors, administrators, personal representatives,
successors and assigns, waive the right to protest the need for the
installation of a traffic control device at the intersection of
South 19th Avenue and West College Street. Further, I waive our
right to make written protest against the need for the proposed
work or against the extent or creation of such work through the use
of a special improvement district should it be legally determined
that signalization of the intersection may occur through the
creation of a special improvement district. In granting this
waiver, I understand that the above-described real property
together with other property within the benefited area will be
proportionately assessed according to the laws of the State of
Montana.
It is understood that the costs of said improvements to be
assessed against said real property are hereby limited to the costs
for the administration, engineering, inspection, and construction
of a traffic control device for a percent of the total costs based
upon the additional traffic impacts generated by the drive-in
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FILM J22 FAGE2051
banking facility. Actual vehicle trip counts shall be made prior
to the creation of the special improvement districts, establishing
the percent of costs based upon a proportionate share of the actual
trips generated at said intersection.
This waiver shall be a covenant running with the land and
shall not expire at my death.
The undersigned warrant that he is lawfully seized and
possessed of the real property described above and that he has a
lawful right to convey the property or any part of it.
DATED this 5 day of � ,/T 1991.
� James rummond, President
'First ecurity Bank of Bozeman
STATE OF MONTANA )
:ss.
County of Gallatin )
On this ,i, day of ;,,: , 19 ;r before me a
Notary Public for the State of Montana, personally appeared James
Drummond, President, First Security Bank of Bozeman, known to me
to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the
day and year in this certificate first written.
ti �� • Sp 4
R U �•':. Notary Public for the State of Mont.
-+� Residing at Montana
My commission exprire .:
t nF }to4�°: •
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