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HomeMy WebLinkAboutUpland Way SID Waiver 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 IMPROVEMENT DISTRICTS FOR UPLAND WAY – 21394 The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: A Tract of land in the Southwest One-quarter (SW1/4) of Section Thirty Five (35), Township One (1) South, Range Five (5) East, Montana Principal Meridian, in the City of Bozeman, 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: a. Street improvements to North 27th Avenue/Thomas Drive from Oak Street to Cattail Lane, including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. Street improvements to Baxter Lane from 19th Ave to Davis Lance including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. c. Street improvements to Davis Lane from Baxter Lane to Cattail Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. 2 d. Street improvements to Cattail Street from 19th Avenue to Davis Lane including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. e. Intersection improvements at Baxter Lane and North 27th Avenue/Thomas Drive including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. f. Intersection improvements at North 19th Avenue to Davis Lane including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. g. Intersection improvements at Cattail Street and North 27th Avenue/Thomas Drive including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. h. Intersection improvements at Baxter Lan and Davis Lane including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. i. Intersection improvements at North 27th Avenue and Tschache Lane including lighting signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. j. Intersection improvements at North 27th Avenue and West Oak Street including lighting signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. k. Intersection improvements at Baxter Lane and North 19th Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. 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, 3 construction and maintenance of following improvements: lighting, paving and subgrade material, curb/gutter, sidewalk, storm drainage facilities, and traffic signals for: a. Street improvements to North 27th Avenue/Thomas Drive from Oak Street to Cattail Lane, including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. Street improvements to Baxter Lane from 19th Ave to Davis Lance including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. c. Street improvements to Davis Lane from Baxter Lane to Cattail Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. d. Street improvements to Cattail Street from 19th Avenue to Davis Lane including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. e. Intersection improvements at Baxter Lane and North 27th Avenue/Thomas Drive including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. f. Intersection improvements at North 19th Avenue to Davis Lane including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. g. Intersection improvements at Cattail Street and North 27th Avenue/Thomas Drive including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. h. Intersection improvements at Baxter Lan and Davis Lane including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. i. Intersection improvements at North 27th Avenue and Tschache Lane including lighting signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. 4 j. Intersection improvements at North 27th Avenue and West Oak Street including lighting signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. k. Intersection improvements at Baxter Lane and North 19th Avenue 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 __________________, 2022. 5 LANDOWNER NAME LANDOWNER __________________________________________ By: LANDOWNER NAME AND TITLE 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)