HomeMy WebLinkAbout008 SID Waiver Executed 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
SACCOCCIA SUBSEQUENT MINOR SUBDIVISION OF 407C
APPLICATION NUMBER: 21430
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
MINOR SUBSEQUENT SUBDIVISION of LOT 2A of the CORRECTED AMENDED PLAT of MINOR
SUBDIVISION 407C OF LOTS 1 AND 2 of the SACCOCCIA MINOR SUBDIVISION 407, LOCATED IN THE NW 1/4
OF SECTION 1,TOWNSHIP 2 SOUTH,RANGE 5 EAST,P.M.M.,CITY OF BOZEMAN,GALLATIN COUNTY,
MONTANA.
IN CONSIDERATION of receiving approval for preliminary plat 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,
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 North 19th Avenue between West Oak Street and Cattail Street including
lighting, signalization,paving, curb/gutter, sidewalk, and storm drainage.
b) Street improvements to North 15th Avenue between West Oak Street and Baxter Lane including
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lighting, signalization,paving, curb/gutter, sidewalk, and storm drainage.
c) Street improvements to Baxter Lane between North 27th Avenue and North I Ph Avenue
including lighting, signalization,paving, curb/gutter, sidewalk, and storm drainage.
d) Street improvements to West Oak Street between North 19th Avenue and North 11 th Avenue
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
e) Street improvements to Tschache Lane between North 271h Avenue and North IIth Avenue
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
f) Intersection improvements at North 19th Avenue and Baxter Lane including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
g) Intersection improvements at North 19th Avenue and West Oak Street including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
h) Intersection improvements at North 151h Avenue and Baxter Lane including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
i) Intersection improvements at North 15th Avenue and Tschache Lane including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
j) Intersection improvements at North 15th Avenue and West Oakstreet including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
k) Intersection improvements at North Ilth Avenue and Baxter Lane 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
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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 3 Yd day of 2023.
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LANDOWNER
NAMES cc Lands II, LLC
By: 1l' Lr ctoc��e. 1a, nJ�A+rJ�Cs�Csi.
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this 3 H day of 2023 , before me, the undersigned, a Notary Public
for the State of Montana, personally dppeared ,; ,%cane-I&# jr ,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)
SEE STq;' CHRISTIE LEE STANDIFORD ranted Name Here) C!t �Sr►E GEE T7i'N D►FOQ
Notary Public
<Q' tAR/gt :for the State of Montana Notary Public for the State of Acnn• xktc.
_ O=•N
— Residing at: Residing at I ,(Qy�t, #0 T
1,p- SEAL.-',*-' Belgrade, Montana M
My Commission Expires: y Commission�'xpires:_/11arclt 26,2027
March 26,2027 (Use 4 digits for expiration year)
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