HomeMy WebLinkAbout009 APPENDIX E 1
Inter-office Original to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman MT 549771-1230
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS
9TEN MIXED-USE
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
Lots 13-18 & the South 35 feet of Lot 12 in Block 2 of Durston's 2nd Subdivision, located in the
SE1/4 of Section 1, T2S, R5E, P.M.M., Gallatin County, Montana.
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 N. 7th Avenue, N. 8th
Avenue, Duston Road, and Oak 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: lighting,
paving and subgrade material, fiber optic conduit, curb/gutter, sidewalk, storm drainage facilities,
and traffic signals for:
2
a. Street improvements to N. 7th Avenue
b. Street improvements to N. 8th Avenue
c. Street improvements to Durston Road
d. Street improvements to Oak Street
e. Intersection improvements to Oak and 7th Avenue
f. Intersection improvements to W Juniper Street and 7th Avenue
g. Intersection improvements to W Aspen Street and 7th Avenue
h. Intersection improvements to Durston and 8th 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.
3
DATED this _____ day of ____________________, 20 .
LANDOWNER
______________________________________________
By:
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
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)