HomeMy WebLinkAbout21- Waiver of Right to Protest - Creation of SID - Nelson Meadows Subdivision Return to:
City of Bozeman PLATTED
Clerk
PO Box 1230
Bozeman MT 59771-1230
2747106
Page: 1 of 2 08/19/2021 04:30.21 PM Fee: $16.00
Eric Semerad - Gallatin County, MT MISC
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS
[AMBIENT AIR SOLUTIONS,#210631
The undersigned owner of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
Lot 7, Block 2 of NELSON MEADOWS SUBDIVISION, [Plat J-680], located in the
Northeast Quarter of Section 27, T. 1 S., R. 5 E. of P.M.M., City of Bozeman, Gallatin County,
Montana.
IN CONSIDERATION of receiving site plan approval for 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
City transportation systems 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 Prince Lane between Nelson Road and Frontage Road
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
b. Street improvements to Nelson Road between Frontage Road and Prince Lane
including lighting, signalization,paving, curb/gutter, sidewalk, and storm drainage.
c. Street improvements to Frontage Road between Nelson Road and East Valley Center
Spur/Prince Lane including lighting, signalization, paving, curb/gutter, sidewalk, and
storm drainage.
d. Intersection improvements at Prince Lane and Nelson Road including lighting,
signalization/channelization,paving, curb/gutter, sidewalk, and storm drainage.
e. Intersection improvements at Prince Lane and Royal Wolf Way including lighting,
signalization/channelization,paving, curb/gutter, sidewalk, and storm drainage.
f. Intersection improvements at Prince Lane and Frontage Road Avenue including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm
drainage.
g. Intersection improvements at Royal Wolf Way and Nelson Road including lighting,
signalization/channelization,paving, curb/gutter, sidewalk, and storm drainage.
h. Intersection improvements to Nelson Road and Frontage Road including lighting,
signalization/channelization,paving, curb/gutter, sidewalk, and storm drainage.
i. Intersection improvements to East Valley Center Spur and Frontage Road 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-inc-interest and assigns of the Landowner.
DATED this � ( day of ANa a,4d� , 2021.
;Ambient Air S ns, Inc., a Montana corporationarr illis 'e, President By: I�ami M. Gillispie, Vice President
STATE OF ONTANA )
):ss
County of Gallatin )
This instrument was signed or acknowledged before me on this//9 day of 2021,
by Garret F. Gillispie as President and by Kami M. Gillispie as Vice President of Ambient Air
Solutions, Inc., a Montana corporation.
'(SEAL)
SHEILA LARSEN
�•'• • Notary Public
Notary Public for the State of Maria ' `'NOTARIq4'..=_for the State of Montana
*. Residing at:
Printed Name: .SEAL.�Q*; Bozeman, Montana
Residing at: '9��of Mo�`P' My Commission Expires:
My Commission Expi7�1 /20 August 3,2023
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