HomeMy WebLinkAbout22- Waiver of Right to Protest Creation of SID - Nikles Business Park - 2 of 2Inter-officeOriginalto:
CityofBozeman
CityClerk
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 therealpropertysituatedinthe 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
property from the City of Bozeman,along with accompanying rightsand privilegesand for otherand
valuableconsideration,the receiptof which ishereby acknowledged,and in recognitionof the impacts
to INTERSECTIONS which willbe caused by the development of the above-describedproperty,the
owner has waived and does hereby waive foritself,itssuccessorsand assignsforevertherightto protest
the creationof one or more specialdistrictsor specialimprovement districtsfor the design and
engineering,construction and maintenance of following improvements:lighting,
signalization/channelization,paying,curb/gutter,sidewalk,trafficsignals,and storm drainage for:
a)North 7th Avenue North of I-90 to GriffinDrive,
b)West GriffinDrive 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 7thAvenue,
f)West GriffinDrive and North 7thAvenue,
g)Nikles Drive and Gilkerson Drive,
h)Gilkerson Drive and GriffinDrive,
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 the event a specialdistrictor specialimprovement districtisnot utilizedforthecompletion of
these improvements,the developer agrees to participatein an alternatefinancing method for the
completion of said improvements on a fairshare,proportionatebasisas determined by the City on the
basisof the square footage of property,taxablevaluationof theproperty,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.
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DATED this /day of /F .,2022.
LANDOWNER
NAME NM Ñv
By:M4C ,c o
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this day of //24%,2022,beforeme,the undersigned,a Notary Public
forthe Stateof Montana,personal6}appeared /'//h8157cf/t64LA.éf£AHftrei ,known tome to be
the t,and acknowledged to me thatthey executed the
same forand on behalfof hdewner.NIlcu=y lausids5S
IN WITNESS WHEREOF,I have hereunto setmy hand and affixedmy officialsealthe day and
year firstabove written.
(SEAL)
(PrintedName Here)
Notary Publicforthe Stateof
NANCY Y LAUGHLIN Residing at
NotaryPublic My Commissief1 Expires:r/M '2/32b2/3
Res ng at°"Iª"ª(Use 4 digitsforexpirationyear)
ay.SEAL sozernan,Montana
My ComrnissionExpires:**January23,2
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