HomeMy WebLinkAbout11 SID Waiver Signed, Notarized Recorded 2020_05_20 Inter-office Original to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman MT 549771-1230
2682327
Page 1 of 3 05/20/2020 02:51:38 PM Fee: $21 00
Eric Semerad - Gallatin County, MT MISC
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WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS
HEADWATERS ACADEMY, SITE PLAN APPLICATION NO. 19495
FOR: 1005 Durston Rd
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
SO I, T02 S, R05 E, TRACT IN S2
IN CONSIDERATION of receiving approval for annexation of the subject property from the
City of Bozeman, along with accompanying rights and privileges and for other and valuable
consideration, the receipt of which is hereby acknowledged, and in recognition of the impacts to the
transportation network which will be caused by the development of the above-described property,the
owner has waived and does hereby waive for itself,its successors and assigns forever the right to protest
the creation of one or more special districts or special improvement districts for the design and
engineering,construction and maintenance of following improvements: lighting,paving and subgrade
material, fiber optic conduit, curb/gutter, sidewalk, storm drainage facilities, and traffic signals
for:
a) Durston Road from N 15`h Ave to N 'Ph Ave
b) N 111 Avenue from Durston to W Oak Street
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c) The intersection of Durston Rd and N 1111 Ave
Landowner agrees the City has the sole right to control the design and construction of such
improvements and may include any of the above components and others necessary to ensure such
improvements comply with all adopted City infrastructure plans and requirements. Further, the
Landowner waives its right or to make any written protest against the size or area or creation of the
district 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 a special district or special improvement district 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 the City on the
basis of the square footage of property, taxable valuation of the property, traffic contribution from the
development or a combination thereof.
This waiver is made for the benefit of the property described herein shall be a covenant running
with the land.
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 cthis;t day of , 2020.
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LANDOWNER
adwaters Academy -e ms aC -s
Y: J
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this, day of , 2020, before me, the undersigned, a Notary Public
for the State of Montana, perso ly ppeared i , own to me to e
the landowner that executed the within instrument,and acknowledged to me that they executed the �.
same for and on behalf of landowner.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
year first above written.
(SEAL) �� Q
° coy""", TARA CUY�E
(Printed Name Here)
Notary Public Notary Public for the State of `�a ,, ,,,
NpTAR1q<• =for the State of Montana �VL�W/�5�1
Residing at: Residing at
.SEAL Q Belgrade, Montana
M Commission ices:
My Commission Expires: Y
February 01,2023 (Use 4 digits for expiration year)
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