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HomeMy WebLinkAbout12.0 Waiver of Right to Protest Creation of SID's 2020.03.20 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: Jennifer Place Condominiums Master Site Plan Application and Phases 1-5 Site Plan Application 1, the undersigned Owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Lot 1, Block 9, Laurel Glen Subdivision Phase 1, City of Bozeman, [Plat J-374], located in S 1/2, Sec. 4, T. 2 S., R. 5 E. of P.M.M., Gallatin County, Montana. IN CONSIDERATION of receiving site plan approval from the City of Bozeman for the Jennifer Place Condominiums Master Site Plan and Phases 1-5 Site Plan Application, 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 Annie Street, including paving, curb/gutter, sidewalk, and storm drainage. 2. Street improvements to Laurel Parkway, including paving, curb/gutter, sidewalk, and storm drainage. 3. Intersection improvements to the intersection of Annie Street and Laurel Parkway. 4. Intersection improvements to the intersection of Laurel Parkway and Durston Road. 5. Intersection improvements to the intersection of Laurel Parkway and Oak 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 v"e day of , 20/ PROPERTY OWNER: Great Western Investments, LLC, a Montana limited liability company 9/1= By: Hinesley, Manager STATE OF MONTANA ) ) ss. County of Gallatin ) This instrument was signed or acknowledged before me this 12 day of 0 e(n,6x'�'- , 2011, by Morgan Hinesley, as Manager Great Western Investments, LLC, a Montana limited liability company. (SEAL) SHEILA TINJUM Notary Public for State of Mont a `,.•y;��?v'T"�G ,.,,; Notary Public Printed Name: _ :aoTagigZ. _for the State of Montana Residing - ReEoing at: at '*' SEAL. Q,z Bozeman, Montana My Commission Expires /20 '9P= My Commission Expires: �,, August 03.2023 G:\C&H\l9\l90065\Site Plan-Final\Working Files\Waiver Of SIDS.Doc