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HomeMy WebLinkAbout012 - SID Waiver (Intersection Improvement 2) Return to: Bozeman City Clerk PO Box 1230 Bozeman, MT 59771-1230 WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS [1801 and 1805 WILLOW WAY ANNX and ZMA—23-0161 The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: The property described in Document No. 2542963, files of the office of the Clerk and Recorder Gallatin County, Montana, and being parts of Lot 8 and Lot 7 BEATTY'S SUBDIVISION [Plat E- 261, according to the plat thereof, on file and of record in the office of the Clerk and Recorder Gallatin County, Montana, and located in the Southwest Quarter of Section 13 Township 2 South Range 5 East of P.M.M., 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 good and valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the impacts to intersection improvements at South 1ph Ave. and Kagy Blvd.,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: 1 a) Lighting b) Signalization/Channelization c) Paving d) Curb/Gutter e) Sidewalk f) 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. 2 DATED this-WINay of , 202 5. Grantor: 1805 Willow Way, LLC, a Montana limited liability company By: RSRIP II, LLC, a Montana limited liability company, Managing Member B3LT- -J�frey--L of , Manager STATE OF MONTANA ) )ss. County of Gallatin ) This instrument was signed or acknowledged before me this m Aay of Ka—vZ'c— , 2023, by Jeffrey L. Rolquin as Manager of RSRIP lI, LLC, a Montana limited liability company, Managing Member of 1805 Willow Way, LLC, a Montana limited liability company. KAYLA G Notary Public Notary` ublic for the Stale of Montana _` ."NOT^RJq4'.. for the state of Montana Printed Name: I, —— *= Residing at: SEAI-..� Bozeman, Montana �•. Residing at r T I=?)F Mo�P: My Commission Expires: My Commission' xpire4 Z / I 1202(p December 1, zozs Grantor: 1801 Willow Way, LLC, a Montana limited liability company By: RSRIP Il, LLC, a Montana limited liability company, Managing Member By: Jeffrey L. Rolquin, Manager STATE OF MONTANA ) )ss. County of Gallatin ) This instrument was signed or acknowledged before me this day of 2023, by Jeffrey L. Rolquin as Manager of RSRIP II, LLC, a Montana limited liability company, Managing Member of 1801 Willow Way, LLC, a Montana limited liability company. Notary Public for the State of Montana Printed Name: Residing at My Commission Expires_/ /20 3