HomeMy WebLinkAbout009 Waiver of Right to Protest SIDs Recorded RETURN RECORDED DOCUMENT T0:
Bozeman City Clerk 2775758
PO Box 1231 Page 1 of 3 06/16/2022 12 41 47 PM Fee $34 00
Eric Semerad - Gallatin County: MT MISC
Bozeman, MT 59771-1231 111111111111I 11iiii111 111111 RIT111111111111111111 ill 111111lill1 II
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR: Annie Subdivision Ph. 4 Preliminary Plat (2305 Durston Road)
I, the undersigned Owner of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
The tract of land described in Plat J-482, being Lot 1 of Annie Subdivision Phase 3C,
Section 2, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County,
Montana.
IN CONSIDERATION of receiving preliminary plat approval from the City of Bozeman for
the Annie Subdivision Ph. 4, 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 the following:
1. Street improvements to West Oak Street from Hunters Way to North 191h Avenue
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
2. Intersection improvements at North 191h Avenue and Durston Road including lighting,
signalization, paving, curb/gutter, sidewalk, and storm drainage.
3. Intersection improvements at North 19th Avenue and West Oak Street including
lighting, signalization, paving, curb/gutter, sidewalk and storm drainage
2775758 Page 2 of 3 05/16/2022 12:41:47 PM
Acceptance of a deed for a lot within this subdivision shall constitute the assent of the
owners to any future SID, based on benefit, for upgrading the road within the Annie Subdivision,
including but not limited to paving, curbs and gutters, non-motorized facilities, street widening
and drainage facilities, and may be used in lieu of their signatures on an SID petition.
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 shall be a covenant running with the land and shall not expire with the
dissolution of the limited liability company, provided however this waiver shall apply to the lands
herein described,
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 r✓� , 20 941-
PROPERTY OWNER:
RH Durston LLC, a Montana limited liability company
By: �
Its:
STATE OF� ,•� )
)ss.
County of _&AU Ii a-2 )
2775758 Page 3 of 3 05/16/2022 12:41:47 PM
This instrument was signed or acknowledged before me this_ZZ_ day of
20 2�x , by ANAYeVJ 1?U6e .11 as of RH Durston LLC, a Montana limited
liability company.
KATE L BURTON
,A ny s Notary Public
��� a,t�• for the State of Montana
u, SEA1,, Residing at:
ii��man, Montane
o P (ab�tmissionE� es:
it
ebrvary 27,202B
Notary Public for the State of MT_
Printed Name: Ie&tc i- ourt on
Residing at
My Commission Expires a PI /20 6