HomeMy WebLinkAboutWaiver of Right to Protest SIDs -Signed 10-15-2019 RETURN RECORDED DOCUMENT TO:
Bozeman City Clerk
PO Box 1231
Bozeman,MT 59771-1231
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR: 2928 W. Babcock Street
I, the undersigned Owner of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
The tract of land described in Document No. 2046120, EXCEPT that part thereof conveyed
to the City of Bozeman in Document No. 2190840, all on file and of record in the office of
the Clerk and Recorder, Gallatin County, Montana, and located in the NE I/4 of the SW 1/4
of Section 11, T. 2 S., R. 5 E. of P.M.M., City of Bozeman, Gallatin County, Montana.
IN CONSIDERATION of receiving site plan approval from the City of Bozeman for the 2928
W. Babcock Street Site Plan, along with accompanying rights and privileges and for other
valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the
impacts to City transportation and infrastructure systems that will be generated by the
development of the above-described property, do hereby for ourselves, our heirs, personal
representatives, successors and assigns, waive the right to protest the creation of one or more
special improvement districts (SID's) for the following:
1. Street improvements to W Babcock Street including paving, curb/gutter, sidewalk, and
storm drainage
2. Street improvements to Fowler Avenue including paving, curb/gutter, sidewalk, and
storm drainage
3. Intersection improvements to W Babcock Street and Fowler Avenue
4. Intersection improvements to W Babcock Street and Main Street
Or to make any written protest against the proposed work or against the extent or creation of the
districts (SID's) 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 liability company, provided however this waiver shall apply to the lands herein
described.
The terms, covenants and provisions of this waiver shall extend to, and be binding upon the
successors-in-interest and assigns of the Landowner.
DATED this � day of 0Cf74 e r , 201 .
PROPERTY OWNER:
Glen Haven Properties, Inc., a Montana corporation
By: Larr_�A. Witt,president
STATE OF MONTANA )
) ss.
County of Gallatin )
This instrument was signed or acknowledged before me this day of
2019, by Larry A. Witt as President of Glen Haven Properties, Inc., a Montana corporation.
(SEAL)
` \G�p1As NICN Lary P b HITS
Notary Public fort State of Montan/ ==.'NOTAR/,q�.,P for the State of Montana
Printed Name: ?* Residing at:
SEAL ; Bozeman, Montana
Residing at
lac MY Commission Expires:
My Commission Expires _/� �oF 2019 ° June 08,2022
G:\C&1-1\18\180334\Site Plan-Final\SIDS\Waiver Of SIDS.Doc