HomeMy WebLinkAbout011 SID Waiver Inter-office Original to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman,MT 549771-1230
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS
FOR THE BOOTES—23235
The undersigned owner of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
Two lots in the Allison Subdivision Phase 4A, S24, T02 S, R05 E, Block 1 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:
streets and intersections 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:
a) Street improvements to Student Drive between South 141 Avenue and South 7' including lighting,
signalization,paving,curb/gutter,sidewalk,and storm drainage.
b) Street improvements to Opportunity Way from South 141 Avenue and South 71 Avenue including
lighting,signalization,paving,curb/gutter, sidewalk and storm drainage.
c) Street improvements to Stucky Road between South 141 Avenue and South 71 Avenue including lighting,
signalization,paving,curb/gutter, sidewalk and storm drainage.
d) Street improvements to West Kagy Boulevard between South 141 Avenue and South 71 Avenue including
lighting,signalization,paving,curb/gutter, sidewalk and storm drainage.
e) Street improvements to South 111 Avenue between West Graf to West Kagy Boulevard including lighting,
signalization,paving, curb/gutter, sidewalk,and storm drainage.
f) Street improvements to Bon Ton Avenue,between Arnold Street to Stucky Road including lighting,
signalization,paving,curb/gutter, sidewalk,and storm drainage.
g) Street improvements to South 141h Avenue between West Graf Street and West Kagy Boulevard including
lighting,signalization,paving,curb/gutter, sidewalk,and storm drainage.
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h) Intersection improvements at South IIth Avenue and West Graf Street including lighting,
signalization/channelization,paving,curb/gutter,sidewalk,and storm drainage.
i) Intersection improvements at South 111 Avenue and Arnold Street including lighting,
signalization/channelization,paving,curb/gutter,sidewalk,and storm drainage.
j) Intersection improvements at South 111 Avenue and West Kagy Boulevard including lighting,
signalization/channelization,paving,curb/gutter,sidewalk,and storm drainage.
k) Intersection improvements at South 111 Avenue and Stucky Road including lighting,
signalization/channelization,paving,curb/gutter,sidewalk,and storm drainage.
1) Intersection improvements at South 1411 Avenue and Stucky Road including lighting,
signalization/channelization,paving,curb/gutter,sidewalk,and storm drainage.
m) Intersection improvements at South 141 Avenue and West Graf 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.
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DATED this 0 day of S`��'- otZ 2023.
LANDOWNER
BlacJ&ore Cottage LC
By: E"5.&,^
Title: p wr t,-
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this Z- 7 day of 2023, before me,the undersigned, a Notary
Public for the State of Montana, personally appeared ( P;�,,l �: � �% , known
to me to be the C,, ��_ of 6(��,,�;;�u�fz,, 4�hat 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)
CHRIS BUDESKI (Printed Name Here) 14 e 0 �f 1---'i4 r
ems.. s Notary Public Notary Public for the State of pj 7-''
�oTAR�q�. for the State of Montana ry
* Residing at: Residing at L .�/y �`�r`�
SEAL, q Bozeman, Montana
~'9'FoFMo�?`�P?`. My commission Expires: My Commission Expires: At.�u- 2&, 2-c,
November 26,2023 (Use 4 digits for expiration year)
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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 acknowledge to 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
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