HomeMy WebLinkAboutWaiver of SIDS 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 DISTRICT
Big Sky Benefit Solutions (C.O.B. #22152)
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
Lot 10, Block 2,Nelson Meadows Subdivision [Plat J-680]
Located in SE 1/4 of Section 22, T. 1 S., R. 5 E. of P.M.M.,Gallatin County, Montana
IN CONSIDERATION of receiving approval for Final 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 City transportation and infrastructure systems
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:
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a. Street improvements to Prince Lane between Nelson Road and Frontage Road
including, Iighting, signalization,paving, curb/gutter, sidewalk, and storm drainage,
b. Street improvements to Nelson Road between Frontage Road and Prince Lane
including lighting, signalization,paving curb/gutter, sidewalk, and storm drainage,
c. 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.
d. Intersection improvements at Prince Lane and Nelson Road including lighting,
signalization/channelization,paving, curb/gutter, sidewalk, and storm drainage.
e. Intersection improvements at Prince Lane and Royal Wolf Way including lighting,
signalization/channelization,paving, curb/gutter, sidewalk,and storm drainage.
f. Intersection improvements at Prince Lane and Frontage Road Avenue including
lighting, signalization/channelization,paving, curb/gutter, sidewalk, and storm drainage.
g. Intersection improvements to Nelson Road and Frontage Road including lighting,
signalization/channelization,paving, curb/gutter, sidewalk, and storm drainage.
h. 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 8th day of Novenber, 2022 .
LANDOWNER,-,:,:,
NAME O My Gord LLC
By: S�c>�Jh S 1\V ILr� , 1� 1oa-Vv\ cr
STATE OF MONTANA ) J
:SS
COUNTY OF GALLATIN )
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On this `2� day of 20 , before me, the undersigned, a Notary Public
for the State of Montana,personally appeared,Sh..Sj W"bg' IjA 1 a h jAl , mown to me to be
the landowner that executed the within instrument, and acknowledged to me th3ttey xecuted 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.
(SEAL)
(Printed Name
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