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HomeMy WebLinkAbout08 Waiver of Right to Protest Creation of SID CFGP 03122021 1 Inter-office Original to: City of Bozeman City Clerk PO Box 1230 Bozeman MT 549771-1230 DRAFT WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS COMMUNITY FIRST GRIFFIN PLACE SITE PLAN (#___________) The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: TRACT 38 NORTHEAST ANNEXATION TO THE CITY OF BOZEMAN, S06, T02 S, R06 E, ACRES 5.73 IN CONSIDERATION of receiving approval for Site Plan approval on 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 Griffin Drive, the intersection of Griffin Drive and Manley Road, the intersection of Griffin Drive and North 7th Avenue, the intersection of Griffin Drive and Bridger Drive and the intersection of Griffin Drive and Rouse Avenue 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: a) Street improvements to Griffin Drive including lighting signalization paving, curb/gutter, sidewalk, lighting and storm drainage b) Intersection improvements to Griffin Drive and Manley Road c) Intersection improvements to Griffin Drive and North 7th Avenue 2 d) Intersection improvements to Griffin Drive and Bridger Drive e) Intersection improvements to Griffin Drive and Rouse Avenue 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 this _____ day of __________________, 2021. PROPERTY OWNER _____________________________________ Signature _____________________________________ Printed Name 3 _____________________________________ Title STATE OF MONTANA :ss County of ___________________) On this ____ day of _________, 2021, before me, the undersigned, a Notary Public for the State of Montana, personally appeared________________________________, known to me to be the _____________________________of___________________________________, the property owner that executed the within instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. ________________________________________ ________________________________________ (SEAL) (Printed name) Notary Public for the State of Montana Residing at _______________________________ My Commission Expires:____________________ (Use four digits for expiration year)