HomeMy WebLinkAbout22- Waiver of Right to Protest Creation of SID - Nikles Business Park - 1 of 2Inter-officeOriginalto:
CityofBozeman
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Bozeman MT 59771-1230 |ªÎ semÚaf-saSi u y Á m
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WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS
NIKLES BUSINESS PARK -APPLICATION NO.21453
The undersigned owner of the realpropertysituatedinthe County of Gallatin,Stateof Montana,
and more particularlydescribedas 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 receivingapproval for siteplan and master siteplan of the subject
propertyfrom the City of Bozeman,along with accompanying rightsand privilegesand forotherand
valuableconsideration,thereceiptof which ishereby acknowledged,and inrecognitionof the impacts
to STREETS which willbe caused by thedevelopment of the above-describedproperty,the owner has
waived and does hereby waive foritself,itssuccessorsand assignsforevertherighttoprotestthecreation
of one or more specialdistrictsor specialimprovement districtsfor the design and engineering,
constructionand maintenance of followingimprovements:lighting,signalization,paving,curb/gutter,
sidewalk,and storm drainage for:
a)North 7thAvenue North of I-90 to GriffinDrive,
b)West GriffinDrive from North 7thAvenue to North Rouse Avenue,
c)Gilkerson Drive/Evergreen Drive to West GriffinDrive,
d)Nikles Drive from North 7thAvenue to Gilkerson Drive
Landowner agrees the City has the sole rightto controlthe design and constructionof such
improvements and may include any of the above components and others necessary to ensure such
improvements comply with all adopted City infrastructureplans and requirements.Further,the
Landowner waives itsrightor to make any writtenprotestagainstthe sizeor area or creationof the
districtbe assessed in response to a duly passed resolutionof intentionto createone or more special
improvement districtswhich would includethe above-describedproperty.
In theevent a specialdistrictor specialimprovement districtisnot utilizedforthecompletion of
these improvements,the developer agrees to participatein an alternatefinancing method for the
completion of saidimprovements on a fairshare,proportionatebasisas determined by the City on the
basisof the square footageof property,taxablevaluationof the property,trafficcontributionfrom the
development or a combination thereof.
This waiver ismade forthebenefitof thepropertydescribedhereinshallbe a covenant running
with the land.
The terms,covenants and provisionsof thiswaiver shallextend to,and be binding upon the
successors-in-interestand assignsof the Landowner.
DATED this /day of Ødf .,2022.
LANDOWNER
NAME
By:
punW y C Po·
2
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this /Ó day of ,2022,beforeme,the undersigned,a Notary Public
forthe Stateof Montana,pers a appeared (W£/S787fle%A.érd4HMr>(,known tome to be
the ,and acknowledged to me thatthey executed the
same forand on behalfof lendewnew+M2M B'35
IN WITNESS WHEREOF,Ihave hereunto setmy hand and affixedmy officialsealthe day and
year firstabove written.
(PrintedName ere)"NANCY Y LAUGHLIN Notary Publi rthe Stateof
A fortheStat o ontana Residing at
-·,i Residingat:My Commissio ires:,xaf Zó,2D
y commi i n E es:(Use 4 digitsforexpiratio~nyear)
January23,2023
3