HomeMy WebLinkAbout018.1SignedSIDWaiverIntersections Inter-office Oriizinal 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
NIKLES BUSINESS PARK—APPLICATION NO.21453
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
LOT 3A OF AMENDED McCHESNEY INDUSTRIAL PARK SUBDIVISION
LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 1, TOWNSHIP 2
SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN MONTANA, CITY OF BOZEMAN,
GALLATIN COUNTY, MONTANA
IN CONSIDERATION of receiving approval for site plan and master 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 INTERSECTIONS 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,
signalization/channelization,paving,curb/gutter,sidewalk,traffic signals,and storm drainage for:
a) North 7th Avenue North of I-90 to Griffin Drive,
b)West Griffin Drive from North 7th Avenue to North Rouse Avenue,
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c) Gilkerson Drive/Evergreen Drive to West Griffin Drive,
d)Nikles Drive from North 7th Avenue to Gilkerson Drive
e)Nikles Drive and North 711 Avenue,
f) West Griffin Drive and North 7t' Avenue,
g) Nikles Drive and Gilkerson Drive,
h) Gilkerson Drive and Griffin Drive,
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-in-interest and assigns of the Landowner.
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DATED this /d day of 11'La4'— 52022.
� 0
LANDOWNER
NAME N1 i vsdtss (-Lc,
By: 444EAQd2 / ego
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this IC � day of Mat , 2022, before me, the undersigned, a Notary Public
for the State of Montana, personalo appeared 1�l-h'USM0 ?L A 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. /�/ /, J
i'"�f ti
(SEAL)
(Printed Name Here)
Notary Public for the StatVop ;Ith��
" LgV NANCY Y LAUGHLIN Residing at
,
��'• 's�''- Notary Public My Commissi Expires: " 23 26Z3
2.NOTaR,q4.i--for the state of Montana
Residing at: (Use 4 digits for expiration year)
9 S��•'� Bozeman, Montana
My Commission Expires:
10 "°�� January 23,2023
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