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HomeMy WebLinkAboutWaiver of Right to Protest SID - Recorded 05-19-20 2682118 Page: 1 of 3 051i9/2020 02:42:55 PM Fee $31 00 Inter-office Originalto:. Erlctt 5emerad - Gallatin County, ``iMIT MIsC City of Bozeman Department of Comnimiity Development P.O.Box 1230 Bozeman,MT 59771 WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAI, IMPROVEMENT DISTRICTS FOR NEXUS POINT The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Lot 1 Minor Sub 235, situated in the Northeast '/4 of Section 23, Township 2 South, Range 5 East, P.M.M. City of Bozeman, Gallatin County Montana. The above described tract of land is to be known and designated as Nexus Point, City of Bozeman, Gallatin County, Montana; and the lands included in all streets, avenues, alleys and parks or public squares shown on said plat are hereby granted and donated to the City of Bozeman for the public use and enjoyment. Unless specifically listed herein,the lands included in all streets, avenues, alleys, and parks or public squares dedicated to the public are accepted for public use, but the City accepts no responsibility for maintaining the same. The owners agree that the City has no obligation to maintain the lands included in all streets, avenues, alleys and parks or public squared hereby dedicated to public use. The lands included in all streets, avenues, alleys and parks or public squares dedicated to the public for which the city accepts responsibility for maintenance. IN CONSIDERATION of receiving approval for MASTER SITE PLAN AND SITE PLAN 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, in recognition of the impacts that will be generated by the development of the above-described property at Nexus Point, 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 Stucky Road including paving, curb/gutter, sidewalk, and storm drainage b. Street improvements to Graf Street including paving, curb/gutter, sidewalk, and storm drainage C. Intersection improvements to Stucky Road and South 191h Avenue Nexus Point Waiver of Right to Protest Creation of SID Pagel of 3 2682118 Page 2 of 3 05/19/2020 02:42.55 PM 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. DATED this day of 20ZQ. Nexus Point Waiver of Right to Protest Creation of SID Page 2 of 3 2682118 Page 3 of 3 05/19/2020 02:42:55 PM LANDO NE BY: Stephen F. Moore Nexus Point LLC TITLE: Manager STATE OF MONTANA ) )ss. County of Gallatin ) On this_ day of 1 4- 14—( , 20 2 n before me, the undersigned, a Notary Public for the State of Montana, personally appeared Stephen F. Moore, known to me to be the Manager of Nexus Points LLC the entity that executed the within instrument, and acknowledged to me that he executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. I CHRIS BUDESKI (Chris Sudeski) —� "r�P�g eUDFs'; Notary Public Q.*ptARlq' = > state of Montana ' Notary Public for the State of Montana N _._ S =testdln9 at. Residing At: Bozeman Gallatin County, MT *• *= Bozeman,Montana ON. SEAL.2�_; My Commission Expires: November 23, 2023 �c.e My commission Ewlres. (Use 4 digits for expiration year)26, Nexus Point Waiver of Right to Protest Creation of SID Page 3 of 3