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HomeMy WebLinkAbout94- 1002 East Kage Boulevard FILM WPACE3495 WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS WHICH WOULD INCLUDE__PROPERTY LOCATED AT 1002 EAST KAGY BOULEVARD We , the undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows : Tracts 1 and 2 of the Longacres Subdivision, City of Bozeman, Gallatin County, Montana , more commonly known as 1002 East Kagy Boulevard IN CONSIDERATION of receiving a Conditional Use Permit from the City of Bozeman to convert an existing single-family residence at 1002 East Kagy Boulevard to the "Bear Creek Respite Care Center" , a group home for adults with functional impairments , with both day care and overnight and weekend respite care , along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, in recognition of the traffic that will be generated by the development of the 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: 1 ) street improvements to Kagy Boulevard including paving , curb/gutter , sidewalk, and storm drainage; and 2 ) Signalization at the intersection of Kagy Boulevard and Sourdough Road. Costs of the SID improvements are limited to the proportionate share of the cost of one-half of a City Standard Street for the Kagy Boulevard improvements , and to the proportionate share of the signalization improvements. f(�#� 147E3496 WAIVER OF RIGHT TO PROTEST CREATION OF SIDS BEAR CREEK RESPITE CARE CENTER 1002 EAST KAGY" BOULEVARD PAGE 2 OF 3 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 . We further waive our right to make any written protest against the proposed work or against the extent or creation of the districts to be assessed in response to a duly passed resolution of intention to create one or more sr,ecial improvement districts which would include the above-r'escribed property. This waiver shall be a covenant running with the land and shall not Expire . 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 P operty Owner a P operty Owner FIN 14749347 WAIVER OF RIGHT TO PROTEST CREATION OF SIDS BEAR CREEK RESPITE CARE CENTER 1002 EAST KAGY BOULEVARD PAGE 3 OF 3 STATE OF MONTANA ) : ss County of Gallatin ) On this day of 1994 , before me , a Notary Public for the State of Montana , personally appeared known to me to be the son( s ) whose name( s ) is/are subscribed to the within instrument , di�dj acknowledged to me that he/she/they executed the same . TA •` �rl ` WITNESS WHEREOF, I have hereunto set my }land and set my sel �t day and year first above written. SEA pF1�,1y*le P u b I i for State of zcL ,�.ur,ri�La9+i`�i.n9 at ��-172 . ,�, My Commission; Expires: Jc ­�,�D _)�jtt) 293'742 State of Mont., County of Gallatin. Ss Filed for roe d at 8:3o A.M., and recorded In Boole 147 f MiSCELLANEOgS e 3 95 Shelley M. Cheney Recorder, By eputy RT: CITY OF BOZEMAN FEE: $18.00 4 .