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HomeMy WebLinkAbout019 - SID Waiver 112 East Main_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 112 EAST MAIN MIXED USE BUILDING 23-280 The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Portions of Deed 2722168; Parcel I paragraphs 4 & 5: All that part of Lots 2 and 3, Block “B” of the Original Townsite of Bozeman, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana, beginning at a point in the North line of said Lots 2, 6.26 2/3 feet West of the Northeast corner thereof; thence East along the North line 32.26 2/3 feet; thence South and parallel to the East line of Lot 3 a distance of 133 feet to a point 7 feet North of the South line of said Lot 3; thence West and parallel to the South line of Lots 3 and 2 a distance of 32.62 2/3 feet; thence North and parallel with the East line of said Lot 2 a distance of 133 feet to the point of beginning. Commencing at a point 1½ feet West of the Northeast corner of Lot 4 of Block “B” of the Townsite of Bozeman, Montana, thence West 32½ feet; thence South 140 feet; thence East 32½ feet; thence North 140 feet to the place of beginning. Quiet Title Judgement Document No. 2794627: A 228 square foot parcel beginning at a point on the south line of Lot 2 in said Block B, said point being 6.27 feet west of the east line of said lot; thence North 00°35’36” West, parallel to and 6.27’ westerly at right angles from the east line of Lot 2, a distance of 7.00 feet; thence North 89°22’14” East, parallel to and 7.00 feet northerly at right angles from the south line of Lots 2 and 3, a distance of 32.62 feet; thence South 00°35’40” East, parallel to and 4.00 feet westerly at right angles from the east line of Lot 3, a distance of 7.00 feet; thence South 89°22’14” West, on the south line of said Lots 2 and 3, a distance of 32.62 feet to the Point of Beginning. 2 IN CONSIDERATION of receiving approval for Site Plan/CCOA 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 Main Street and adjacent streets 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: lighting, paving and subgrade material, fiber optic conduit, curb/gutter, sidewalk, storm drainage facilities, and traffic signals for: a) Street improvements to Main Street between North Broadway Avenue and 7th Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b) Street improvements to Bozeman Avenue from East Dickerson Street to East Peach Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. c) Street improvements to Rouse Avenue from East Olive Street to East Peach Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. d) Street improvements to Church Avenue from East Story Street to East Peach Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. e) Street improvements to Black Avenue from East Dickerson Street to East Peach Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. f) Street improvements to Tracy Avenue from East Peach Street to West Dickerson Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. g) Street improvements to Wilson Avenue from West Dickerson Street to East Peach Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. h) Street improvements to North Grand Avenue from West Dickerson Street to East Peach Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. i) Street improvements to 3rd Avenue from West Short Street to West Story Street Street including 3 lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. j) Street improvements to 4th Avenue from West Story Street to West Villard Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. k) Street improvements to 5th Avenue from West Curtiss Street to West Villard Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. l) Intersection improvements at East Main Street and Wallace Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. m) Intersection improvements at East Main Street and Rouse Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. n) Intersection improvements at East Main and Bozeman Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. o) Intersection improvements at Main Street and Black Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. p) Intersection improvements at Main Street and Tracy Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. q) Intersection improvements at Main Street and Wilson Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. r) Intersection improvements at Main Street and Grand Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. s) Intersection improvements at Main Street and Tracy Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. t) Intersection improvements at Main Street and 7th Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. u) Intersection improvements at North Black Avenue and East Peach Street including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. v) Intersection improvements at East Mendenhall Street and Rouse Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. 4 w) Intersection improvements at West Mendenhall Street and Wilson Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. x) Intersection improvements at Wilson Avenue and West Olive Street including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. y) Intersection improvements at Wilson Avenue and West 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. 5 DATED this _____ day of __________________, 202__. Owner: 104 E MAIN LLC _________________________________________ By: Name: Title: STATE OF ______________ ) :ss COUNTY OF ____________ ) On this _____ day of _______________, 20 , before me, the undersigned, a Notary Public for the State of Montana, personally appeared_____________________________, known to me to be _____________________________ of 104 E MAIN LLC and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of 104 E MAIN LLC. 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) 6 ACCEPTED: _________________________ CITY OF BOZEMAN By ______________________ City Manager ATTEST: _______________________________ City Clerk STATE OF MONTANA ) ) ss. County of Gallatin ) On this ______ day of ___________________, 20 , before me, a Notary Public for the State of Montana, personally appeared JEFF MIHELICH and MIKE MAAS, known to me to be the City Manager and City Clerk for the City of Bozeman and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first above written. (SEAL) ______________________________________ Notary Public for the State of Montana ___________________________________ (Printed Name) Residing at Bozeman, Montana My Commission Expires: / /20