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HomeMy WebLinkAboutWaiver of RTP_2704919J-680 Return to: Bozeman CityClerk PO Box 1230 Bozeman MT 59771 2704919 ˪%s .å -clifl!Ͳ°uÎÕ33 AM Fee:.00 lillllllllllllllllllllllllllllllllllillllllllllllllllllllfillllllllllllfili WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR STREET IMPROVEMENTS NELSON MEADOWS SUBDIVISION The undersigned owner of the realproperty situatedin the County of Gallatin,Stateof Montana,and more particularlydescribedas follows: Tract 1C of COS 1372B located in Section 22,T1S,R5E,Gallatin County,MT. AND Tract 1D C of COS 1372 located in Section 22,TIS,R5E,Gallatin County,MT. AND The Northeast Quarter of the Northeast Quarter (NE¼NE¼)and the East Half of the East Half of the West Half of the Northeast Quarter (E½E½W½NE¼) of Section Twenty-seven (27),Township One (1)South, Range Five (5)East,M.P.M IN CONSIDERATION of receivingapprovalforsubdivisionofthe subjectpropertyfrom the City of Bozernan,along with accompanying rightsand privilegesand for other and valuable consideration,the receiptof which ishereby acknowledged,and in recognitionof the impacts to Nelson Road,Frontage Road,East Valley Spur,and Prince Lane which will be caused by the development of the above-described property,the owner has waived and does hereby waive for itself,itssuccessorsand assigns foreverthe rightto protestthe creationof one or more special improvement districtsforthe constructionand maintenance of followingimprovements: Page 1 of 3 Return to: Bozeman CityClerk PO Box 1230 Bozeman MT 59771 1)Streetimprovements to East Valley Spur includingpaving,curb and gutter,sidewalk, lightingand storm drainage facilities; 2)Intersectionimprovements toEast Valley Spur and Frontage Road; 3)Intersectionimprovements toPrinceLane and Frontage Road; or to make any writtenprotestagainstthe sizeor area or creationof the districtbe assessedin response to a duly passed resolutionof intentionto createone or more specialimprovement districtswhich would includethe above-describedproperty. In the event an SID isnot utilizedforthe completion of theseimprovements,thedeveloper agrees toparticipatein an alternatefinancingmethod forthe completion of saidimprovements on a fairshare,proportionatebasisas determined by square footageof property,taxablevaluationof the property,trafficcontributionfrom the development or a combination thereof. This waiver ismade for the benefitof the property describedhereinshallbe a covenant running with the land. The terms,covenants and provisionsof thiswaiver shallextend to,and be binding upon the successors-in-interestand assignsof the Landowner. DATEDthis //dayof Ò6c6+44 a ,2019. Page 2 of 3 Return to: Bozeman CityClerk PO Box 1230 Bozeman MT 59771 LANDOWNER STATE OF MONTANA ) :ss COUNTY OF ) On this //day of (4 ,2 ,b ore me,e undersigned,a Notary Public forthe Stateof Montana,personallyappeared known tome to be the person thatexecuted the withininstrument,and acknowledged tome thathe executedthe same on behalf of BarTimCo,LLC. IN WITNESS WHEREOF,I have hereunto setmy hand and affixedmy officialsealthe day and year firstabove written. (PrintedName Here) COREEN A GORE Notary Publicf the Stateof | o fortheStat a ontana Residing at (,bp·(,u Residingat:My Commission Expires 4(,xf 2 20 2 / SEAL uvingston,Montana (Use 4 digitsforexpiration ear) Page 3 of3 Return to: Bozeman CityClerk PO Box 1230 Bozeman MT 59771 WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR STREET IMPROVEMENTS NELSON MEADOWS SUBDIVISION Lots 4,5,6 of Block 3,Lots 2 and 3 of Block 5,and Lot 1 of Block 6. The undersigned owner of the realproperty situatedin the County of Gallatin,Stateof Montana,and more particularlydescribedas follows: Tract 1C of COS 1372B located in Section 22,T1S,R5E,Gallatin County,MT. AND Tract 1D C of COS 1372 located in Section 22,T1S,R5E,Gallatin County,MT. AND The Northeast Quarter of the Northeast Quarter (NE¼NE¼)and the East Half of the East Half of the West Half of the Northeast Quarter (E½E½W½NE¼) of Section Twenty-seven (27),Township One (1)South, Range Five (5)East,M.P.M IN CONSIDERATION of receivingapproval forsubdivisionof the subjectpropertyfrom the City of Bozeman,along with accompanying rightsand privilegesand forotherand valuable consideration,thereceiptof which ishereby acknowledged,and inrecognitionofthe impactsto a futurelocalstreetalong thenorthernpropertyboundary,which willbe caused by thedevelopment of the above-described property,the owner has waived and does hereby waive for itself,its successorsand assignsforevertherighttoprotestthecreationofone ormore specialimprovement districtsfortheconstructionand maintenance of following improvements: Page 1 of 3 Return to: Bozeman CityClerk PO Box 1230 Bozeman MT 59771 1)Streetimprovements to the localstreetalong the northern property boundary of the Nelson Meadows Subdivision,includingpaving,curb and gutter,sidewalk,lighting and storm drainagefacilities; or to make any writtenprotestagainstthe sizeor area or creationof the districtbe assessed in response to a duly passed resolutionof intentionto createone or more specialimprovement districtswhich would includethe above-describedproperty. In theevent an SID isnot utilizedforthe completion of theseimprovements,thedeveloper agreesto participatein an alternatefinancingmethod forthe completion of saidimprovements on a fairshare,proportionatebasisas determined by square footageof property,taxablevaluationof the property,trafficcontributionfrom the development or a combination thereof. This waiver ismade for the benefitof the propertydescribedherein shallbe a covenant running with the land. The terms,covenants and provisionsof thiswaiver shallextend to,and be binding upon the successors-in-interestand assignsof the Landowner. DATED this day of a on ,2019. Page 2 of3 Return to: Bozeman CityClerk PO Box 1230 Bozeman MT 59771 LANDOWNER Title: STATE OF MONTANA ) COUNTY OF ) On this day of ,2019,b fore me,t undersigned,a Notary Public forthe Stateof Montana,personallyappeared known tome tobe theperson thatexecuted the withininstrument,and acknowledged tome thathe executed the same on behalfof BarTimCo,LLC. IN WITNESS WHEREOF,Ihave hereunto setmy hand and affixedmy officialsealthe day and year firstabove written. COREEN A GORE (PrintedName Here) o fortheFtat o antana o y u icfora me o nidingat:Residing at AM/>y) ssion les:My Commission Expiref:C 2t4r./ET 20 2 June28,2021 (Use 4 digitsforexpirationyear) Page 3 of3