HomeMy WebLinkAboutWaiverProtestSID_06092021 Inter-office Ori inal to:
City of Bozeman
Department of Community Development
PO Box 1230
Bozeman, MT 59771
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
UPS BOZEMAN PARCEL DISTRIBUTION FACILITY 21-169
The undersigned Owner(s) of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
LOT lA OF BLOCK 6 OF THE AMENDED PLAT OF LOTS 1
AND 27 OF BLOCK 6 OF NELSON MEADOWS SUBDIVISION
LOCATED IN THE SE % OF SECTION 22, TOWNSHIP 1 SOUTH, RANGE 5
EAST,P.M.M., 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 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 the 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 Royal Wolf Way between Nelson Road and northern right-of-
way established with the Nelson Meadows Subdivision plat including lighting,signalizati
on,paving, curb/gutter, sidewalk, and storm drainage.
c. Street improvements to Nelson Road between Frontage Road and Prince Lane including
lighting, signalization,paving,curb/gutter, sidewalk,and storm drainage.
d. Street improvements to Frontage Road between Nelson Road and East Valley Center
Spur/Prince Lane including lighting, signalization,paving, curb/gutter, sidewalk, and
h. Intersection improvements at Royal Wolf Way and Nelson Road including lighting,
signalization/channelization,paving, curb/gutter, sidewalk, and storm drainage.
i. Intersection improvements to Nelson Road and Frontage Road including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
j. 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 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 improvements 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 and shall be a
covenant running with the land.
I
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 `� ' day of J(,IVe , 20
LANDOWNER
NAME
By:
':Y7L
STATE OF M6N-TA A )
W� v :ss )
County of )
On this A—day of , 20�, before me, the undersigned, a
Notary Public for the State of Montana, personally appeared
V]dbd-'� S- 1PA&) 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 said
landowner.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
(SEAL)
fC OFFICIAL SEAL °' Notary Public for the State of Meft+61,6
LALLISON SOWELL
NOTARSTATE OF ILLINOIS
MY C EXPIRES:12/29/22 �C
(Printed Name)
Residing at ���( �.
My Commission expires: / "1/20 -23,