HomeMy WebLinkAbout99- Creates SID 925 East Fridley Street and 326 North Broadway FILM 203 PACE 941
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
WHICH WOULD INCLUDE PROPERTY LOCATED AT 925 EAST FRIDLEY
STREET AND 326 NORTH BROADWAY, AND OTHER STRUCTURES IN THE
SIMKINS-HALLIN COMPLEX, BOZEMAN, MONTANA.
We, the undersigned owners of the real property situated in the City of Bozeman, County
of Gallatin, State of Montana, and more particularly described as follows:
Lots 1-16, and Lot 18, Block 46,Northern Pacific Addition;
Lots 1-27, Block 49, Northern Pacific Addition; and Lots 1-18,
Portions of Lots 19-23, and Lot 34, Block 53, Northern Pacific
Addition, City of Bozeman, Gallatin County, Montana.
IN CONS?Lhp,TION of receiving approval for a modification to an approved Planned Unit
Development to allow the construction of a 60'X 98'addition to the existing truss manufacturing
facility at 925 East Fridley Street from the City of Bozeman,along with accompanying rights and
privileges and for other and valuable consideration,the receipt ofwhich is hereby acknowledged,
and in recognition of the impacts which will be caused by the development ofthe above-described
property,have waived and do hereby waive for ourselves, our heirs,personal representatives,
successors and assigns,the right to protest the creation of one or more special improvement
districts for street improvements to: 1) Fridley Street, including paving curb/gutter,
sidewalk and storm drainage; and 2) Broadway Avenue, including paving curb/gutter,
sidewalk and storm drainage,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.
In the event Special Improvement Districts are not utilized for the completion of these projects,
we agree to participate in an alternate financing method for completion of said improvements on
a fair share, proportionate basis as determined by square footage of the property, linear front
footage of the property, taxable valuation of the property, or a combination thereof.
This waiver shall be a covenant running with the land and shall not expire, and shall apply 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.
DATED this day of "�v,o je. ,L, 1999.
DEVELOPER
Tom Simkins, President
Westland Enterprises, Inc.
STATE OF MONTANA )
:ss
County of Gallatin )
SIMKINS-IIALLIN COMPLEX MODIFICATION TO APPROVED PUD#Z-92117A PAGE 1 OF 2
FILM 203 PAGE 942
On this day of�le,. 1999, Tom Simkins, whose identity I verified
on the basis of _1 rt Est �;�.3 ��• ,personally appeared,sworn to me to be the
President of Westland Enterprises,Inc.,and subscribed before me, a Notary Public for the State
of Montana.
IN WITNESS WHEREOF, I have hereunto set my hand and set my seal the day and year
first above written. (�
Notary Publ c for the State of Montana
Residing at ".�
k' My Commission Expires:V1, o
SEAL LzR
INDEXED
►LATTED f 400312
State of flora., Cavity Dt Galla`;ln. sG F}led for records September 22 - , 1999
at 9: 10 A , ., a.�� r2�0;t OCi }p t•Dl( 203 of MISCELLANEOUS Pad= 241
Sulzq (/arts& Recorder. By .��/ . 11�� Deputy
Fee: $12 . 00 CHG
RT: Bozeman City Planning Office
20 E Olive
Bozeman, MT 59715
SIMKNS-HALLIN COMPLEX MODIFICATION TO APPROVED PUD#Z-92117A PAGE 2 OF 2