HomeMy WebLinkAboutWaiver of SIDS 06-21-2021Return to:
Bozeman City Clerk
P.O. Box 1231
Bozeman, MT 59771-1231
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FALLON APARTMENTS SITE PLAN APPLICATION (C.O.B.No. 20444)
I, the undersigned Owner of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
Lots 3 and 4, NORTON EAST RANCH SUBDIVISION, PHASE 4, City of
Bozeman, according to the plat thereof, on file and of record in the office of the
Clerk and Recorder, Gallatin County, Montana, and located in the South 1/2 of
Section 9, Township 2 South, Range 5 East of P.M.M., Gallatin County, Montana
IN CONSIDERATION of receiving site plan approval of the subject property from the
City of Bozeman 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 design and engineering,construction and maintenance of the following
improvements:
1.Street improvements to Pond Lilly Drive between Babcock Street and Huffine Lane
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
2.Street improvements to Laurel Parkway between Durston Road and Huffine Lane
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
3.Street improvements to Babcock Street between Laurel Parkway and Cottonwood Road
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
4.Street improvements to Cottonwood Road between Durston Road and Huffine Lane
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
5.Street improvements to Fallon Street between Laurel Parkway and Cottonwood Road
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
6.Intersection improvements at Fallon Street and Laurel Parkway including lighting,
signalization, paving, curb/gutter, sidewalk, and storm drainage.
7.Intersection improvements at Laurel Parkway and Babcock Street including lighting,
signalization, paving, curb/gutter, sidewalk, and storm drainage.
8.Intersection improvements at Babcock Street and Cottonwood Road including lighting,
signalization, paving, curb/gutter, sidewalk, and storm drainage.
9.Intersection improvements at Fallon Street and Cottonwood Road including lighting,
signalization, paving, curb/gutter, sidewalk, and storm drainage.
10.Intersection improvements at Laurel Parkway and Huffine Lane including lighting,
signalization, paving, curb/gutter, sidewalk, and storm drainage.
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 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 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 __________________, 201___.
PROPERTY OWNER:
Norton Properties, LLC.
__________________________________________
By:Kevin Spencer, Member
STATE OF ____________________)
:ss
COUNTY OF __________________)
This instrument was signed or acknowledged before me on this _____ day of _______________,
2021 by Kevin Spencer as Member of Norton Properties,LLC,an Oregon Limited Liability
Company.
(SEAL)
Notary Public for the State of __________
Printed Name: ______________________
Residing at _________________________
My Commission Expires:______________
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