HomeMy WebLinkAbout21- Waiver of Right to Protest Creation of SID Bronken Warehouse 21274 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
BRONKEN WAREHOUSE (#21274)
The undersigned owner of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
Lots 5 & 6 of Block 3 of Nelson Meadows Subdivision, Situated in the SE 1/4 of Section 22,
Township 1 South, Range 5 East, PMM, City of Bozeman, Gallatin County, Montana
IN CONSIDERATION of receiving approval for site pl-an 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 Prince Lane, Royal
Wolf Way,Nelson Road,Frontage Road 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 (4stricts 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, sidewaIr, 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, signalization,
paving, curb/gutter, sidewalk, and storm drainage.
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c. Street improvements to Nelson Road 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 storm
drainage.
e. Intersection improvements at Prince Lane and Nelson Road including lighting,
signalization/channelization,paving, curb/gutter, sidewalk, and storm drainage.
f. Intersection improvements at Prince Lane and Royal Wolf Way including lighting,
signalization/channelization,paving, curb/gutter, sidewalk, and storm drainage.
g. Intersection improvements at Prince Lane and Frontage Road Avenue including lighting,
signalization/channelization,paving, curb/gutter, sidewalk, and storm drainage.
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 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.
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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 day of er?cT 'Sn , 2021.
LA nOR
STELLA FPd C
By: /L-= T om` gf.j;-�<'
STATE OF MONTANA ) ;
:SS
COUNTY OF GALLATIN )
On this Z G day of 2021, before me,the undersigned, a Notary Public
for the State of Montana, personally appeared Ken-- lurid l;S , 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.
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IN WITNESS WHEREOF, I have hereunto set my hand and af�fxed my official seal the day and year
first above written.
(SEAL)
(Printed Name Here)
MICHAEL MERSELIS Notary Public forfTie State of MIT
\�P•.•'.Rs< ry Residing at 130�C.r.a. T
Nota Public
�;NpTnRiq�•'�, for the State of Montana My Commission Expires: ZOZ
* *_ Residing at:
SEAL.�Q` Bozeman, Montana (Use 4 digits for expiration year)
9�OFMOpP My Commission Expires:
°j March 11, 2025
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