HomeMy WebLinkAbout21- Waiver of Right to Protest (Special Improvement Districts) - Gibson Guitar Manufacturing Facility App. 20302 Inter-office Original to:
City of Bozeman
City Clerk PLATTE
PO Box 1230
Bozeman MT 549771-1230
2724299
Page: 1 of 3 03/12/2021 02:44:44 PM Fee: $21.00
Eric Semerad - Gallatin County, MT MISC
11111111111111 III 11111111111111111 IN IT 111111111111111 HIM III 11111111111111111111111
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS
GIBSON GUITAR MANUFACTURING FACILITY APP #20302
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
GARDNER SIMMENTAL PLAZA, S35,T01 S, R05 E, Lot 1, ACRES 2.422, IN E2,TRACT 4 PLUS ABANDONED
PT OF ORVILLE WAY LESS HWY RIGHT OF WAY
GARDNER SIMMENTAL PLAZA, S35,T01 S, R05 E, Lot 2, ACRES 2.167,TRACT 4 IN E2
GARDNER SIMMENTAL PLAZA, S35,T01 S, R05 E, Lot 3, ACRES 2.422,TRACT 4 PLUS ABANDONED PT OF
ORVILLE WAY
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 Simmental Way and
N 19"Ave 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 Simmental Way and North 19th Avenue
b) Intersection improvements to North 19th Avenue and Cattail Street/Deadman's Gulch
and Simmental Way and Baxter Lane
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
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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 17th day of December,2020.
LANDOWNER yR� MhsitrR ri�NaztiG Y=, LLL
By: Lori Markson
Senior Vice President
A� ,z®,��
STATE OF MON--T� )
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COUNTY OFT-lam )
On this / day of , 2021,before me,the undersigned, a Notary Public
for the State of , per onally app ared Z4" 4AAAsoi✓ , known to me to be
�R/zaN/r
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the landowner that executed the within instrument, and acknowledged to me that they executed the
same for and on behalf of landowner. -rL,,,4- S1h e eke cl,+cck i A e SA m s/he✓- e c•pac +'�L
O-S SC, o+- Vi-&e P/VSjd.A-+- 4aV1 awd 0,-, 1,e1�c, F 4 SIC)RE MAST R Ft. MI)T-NG VS, LLC,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL)
HELEN D.ROOF (Printed Name Here) e eltl -D Ds lf�,
NOTARY PUBLIC-ARIZONA Notary Public for the State of X Z
' COUNTY 58
COMMISSION
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MYCOMMISSION EXPIRES /�j��j�/�� � ,
JULY31,2024 My Commission Expires: 3/ �2 y
(Use 4 digits for expiration year)
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