HomeMy WebLinkAboutWaiver of Right to Protest SID - DRAFT 03-15-20
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Inter-office Original to:
City of Bozeman
Department of Community Development
P.O. Box 1230
Bozeman, MT 59771
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR PALISADES CONDOMINIUM
The undersigned owner of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
Lots 1 & 7, Block 21 of Cattail Creek Subdivision PH III
situated in the Northwest ¼ of Section 35, Township 1 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 Palisades Condominium,
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 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 Palisades
Condominium, 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 Catamount Street including paving, curb/gutter, sidewalk,
and storm drainage.
b. Street improvements to N 27th Ave from Cattail Street to E Valley Center Rd
including paving, curb/gutter, sidewalk and storm drainage.
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c. Street improvements to Davis Lane Cattail Street to Catamount Street including
paving, curb/gutter, sidewalk, and storm drainage.
d. Intersection improvements or Catamount Street and N 27th Ave.
e. Intersection improvements for Catamount Street and Warbler Way.
f. Intersection improvements for Catamount Street and E Valley Center Road.
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 __________________, 20___.
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LANDOWNER
________________________________
BY:_______________________
Palisades Condominium
TITLE:_____________________
STATE OF MONTANA )
)ss.
County of Gallatin )
On this ________ day of ____________________, 20___, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared ___________________, known to me to be
the ______________ of Palisades Condominium 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.
(SEAL)
_________________________________________ (Printed Name Here)
Notary Public for the State of Montana
Residing At: ________________________
My Commission Expires: ____________________ (Use 4 digits for expiration year)