HomeMy WebLinkAbout16- Waiver of Right to Protest - Lewis & Clark Commercial Subdivision - Special Improvment Districts WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
We,the undersigned Owners of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows: Lot 5, Block 2 of Lewis & Clark Commercial
Subdivision situated in the SW 1/4 of Section 36, Township l South, Rapge.S.East, P.M.M., City of
Bozeman, Gallatin County, Montana
IN CONSIDERATION of receiving final site plan approval 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 impacts to Baxter Lane, Boothill Court,North 19th Avenue
and Simmental Way that will be generated by the development of the above-described property at Lot 5,
Block 2 of Lewis & Clark Commercial Subdivision, have waived and do hereby for ourselves, our
heirs,personal representatives, successors and assigns, the right to protest the creation of one or more
special improvement districts for the construction of (a) Street Improvements to Baxter Lane including
paving, curb/gutter, sidewalk, and storm drainage; (b) Intersection improvements to the intersection of
N. 19`h Avenue and Baxter Lane; and(c) Intersection improvements to the intersection of Baxter Lane
and Simmental Way, or 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 special improvement districts which would include the above-described property.
In the event an SID is not utilized for the completion of these improvements, the developer
agrees to participate in an alternate financing method for the completion of said improvements on a fair
share,proportionate basis as determined by square footage of property, taxable valuation of the property,
traffic contribution from the development or a combination thereof.
This waiver shall be a covenant running with the land and shall not expire with the dissolution of
the limited partnership, provided however this waiver 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.
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Charlotte Mills - Gallatin County,
MT MISC
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PI.ATTE_D
DATED this i 11h day of -r:> n 2016 .
By
Title
STATE OF MONTANA )
:ss )
County of4c t ar - }
On this day of , 20�_, before me, a Notary Public for the State of
Montana, personally a peared fitnt4 RGc n d c f known to me to be the
ur-M&L Mid Cck4vof McLdzencL A M'U P-e-- , the corporation that executed the
foregoing Waiver of Right to ro , and a o e ged to me that he/she executed the same for and on
behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and set my seal the day and year first
above written.
BETTY DEMERS
(SE ��,��s NOTARY PUBLIC for the
State of Montana
SEAL Residing at Boulder,Montana
Notary Public for the State of Montana my commission wren
October 22,2017
(Printed Name)
Residing at
My Comm' on expires: / __/20