HomeMy WebLinkAboutSID waiver - draft 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
SITE A EVERHOME (#21341)
The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more
particularly described as follows:
Block 1 of Phase 5 of Bozeman Gateway Subdivision P.U.D. Lot 1,Situated in the NW1/4 of Section
14, Township 2 South, Range 5 East, PMM, City of Bozeman, Gallatin County, Montana
IN CONSIDERATION of receiving approval for annexation 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. 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 Fowler Avenue between West Garfield Street and West Babcock
Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
b. Street improvements to Huffine Lane between 19th Avenue and Cottonwood Road including
lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
c. Street improvements to West Garfield Street between 19th Avenue and Fowler Avenue including
lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
d. Street improvements to West College Street between 19th Avenue and Huffine Lane including
lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
2
e. Intersection improvements at Huffine Lane and Fowler Avenue including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
f. Intersection improvements at West Garfield Street and Fowler Avenue including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
g. Intersection improvements at Huffine Lane and West College Street including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
h. Intersection improvements at Huffine Lane and Cottonwood Road including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
i. Intersection improvements at Fowler Avenue and Babcock Street including lighting,
signalization/channelization, 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.
DATED this _____ day of __________________, 2021.
3
LANDOWNER
______________________________________________
MITCHELL DEVELOPMENT GROUP
By: Ted Mitchell
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
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 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)