HomeMy WebLinkAbout91- Creates SID for Improvements on S. 19th Ave. FILM 122 PAC[2052
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENTS DISTRICTS
FOR CURB, GUTTER, SIDEWALK, PAVING AND IMPROVEMENTS
TO SOUTH 19TH AVENUE
We , the undersigned owners of the real property situated
in the County of Gallatin , State of Montana, and more particularly
described as follows:
Tracts 3A-3 , 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 ourselfs,
heirs, executors, administrators, personal representatives,
successors and assigns , waive the right to protest the creation of
one or more special improvement districts for curb, gutter,
sidewalk , paving, drainage appurtenances and improvements to South
19th Avenue 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 or intention to
create one or more special improvement districts which would
include the above-described property.
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 one-half ( 112 ) of South 19th Avenue to local street
standards.
This waiver shall be a covenant running with the land and
shall not expire at my death .
The undersigned warrant that we are lawfully seized and
possessed of the real propery described above, and that we have a
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FILM 122 PAGE2Q53
lawful right to convey the property or any part of it.
The terms, covenants and provisions of this Waiver shall
extend to, and be binding upon the heirs, executors, adminis-
trators, personal representatives, successors and assigns
of the parties hereto.
DATED this 17 day of Y,%1 1991 .
J mes Drummond, President
rst Security Bank of
Bozeman
STATE OF MONTANA)
. ss.
COUNTY OF GALLATIN)
On this 1-7 day of )ter% 1991 , 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
affixed my official seal the day and year first above written .
J
Notary Public, for the ' t� of Montana.
Residing: /�Z,2'%�,C:; J
Comm4psion expires:
►' � �' �`adP Seal )
70
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24258
State of MaRt., sooty Of ed11Rft. ss Hed for record Ap r 11 10 __, 19 92
at 8 : 51 A. M., ad remr&.d 11i ft%rA, 122 Of MISCELLANEOUS page 2050
�1 99,ef&q �{. L�zh�y R�cc►r r. �A Deputy
Fee: $24. 00
Rt : City of Bozeman
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