HomeMy WebLinkAbout15 SID waiver 1
Inter-office Original to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman MT 59771-1230
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS
ALDERSON 5 ROWHOUSES - PROJECT #21164
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
Lots 1,2 and 3 in Block 50 of West Park Addition to the City of Bozeman, Montana, also a strip
of land six feet in width East and West adjoining said lots on the East side thereof, which strip
of land was vacated for street purposes by Ordinance of the City of Bozeman dated April27,
1934, filed for record in Book 11 of Miscellaneous Records at Page 561 in the office of County
Clerk and Recorder of Gallatin County, Montana on April16, 1938, said strip of land being
particularly described as follows, to-wit: Beginning at the Southeast corner of said Lot 3;
thence North along the East line of said Lots3, 2,and 1 to the Northeast corner of said Lot 1;
thence East 6 feet; thence South parallel to the East line of said lots a distance of 75 feet; thence
West a distance of 6 feet to the point of beginning, all according to the official plat thereof on
file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana.
(Deed Reference: Book 144 of Deeds, Page 188)
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, and in recognition of the impacts to S. 8th Avenue, S. 11th
Avenue, West College Street and West Koch Street 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 S 8th Ave. including lighting, signalization, paving, curb/gutter,
sidewalk, and storm drainage.
b. Street improvements to S 11th Ave. including lighting, signalization, paving, curb/gutter,
sidewalk, and storm drainage.
c. Street improvements to West College St, including lighting, signalization, paving,
curb/gutter, sidewalk, and storm drainage.
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d. Street improvements to West Koch St, including lighting, signalization, paving,
curb/gutter, sidewalk, and storm drainage.
e. Intersection improvements S 8th Ave, and West College St including lighting,
signalization, paving, curb/gutter, sidewalk, and storm drainage.
f. Intersection improvements S 8th Ave, and Koch St including lighting, signalization,
paving, curb/gutter, sidewalk, and storm drainage.
g. Intersection improvements S 11th Ave, and West College St including lighting,
signalization, paving, curb/gutter, sidewalk, and storm drainage.
h. Intersection improvements S 11th Ave, and Koch St 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 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.
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DATED this _____ day of __________________, 2022.
LANDOWNER
______________________________________________
70 Bucks, LLC
By:___________________________________________
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this ________ day of ____________________, 2022, before me, the undersigned, a Notary Public
for the State of Montana, personally appeared_____________________________, known to me to be
the landowner that executed the within instrument, and acknowledged to me that they executed the
same for and on behalf of landowner.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL)
_________________________________________
(Printed Name Here)
Notary Public for the State of _________
Residing at _______________________
My Commission Expires:____________
(Use 4 digits for expiration year)