HomeMy WebLinkAbout016-SID waiver 1
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 NELSON MEADOWS BUSINESS PARK - 22348 The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
LOT 4, BLOCK 3 OF NELSON MEADOWS SUBDIVISION (J-680). LOCATED IN THE
SOUTHEAST ¼ OF SECTION 22, TOWNSHIP 1 SOUTH, RANGE 5 EAST, P.M.M., CITY OF
BOZEMAN, GALLATIN COUNTY, MONTANA.
IN CONSIDERATION of receiving approval for 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 the following
roadways: Royal Wolf Way, Nelson Road, Frontage Road, Prince Lane, and East Valley Center Spur
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:
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a. 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.
a. 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.
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 at Royal Wolf Way and Nelson Road including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
h. Intersection improvements to Nelson Road and Frontage Road including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
i. 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 __________________, 2023.
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LANDOWNER
_________________________________________ Summit Properties, LLC By: Title:
STATE OF ____________ ) :ss COUNTY OF __________ )
On this ________ day of ____________________, 202__, before me, the undersigned, a Notary Public for the State of , personally appeared _____________________________, member of Summit Properties, LLC 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. (SEAL)
_________________________________________
(Printed Name Here) Notary Public for the State of _________ Residing at _______________________ My Commission Expires:____________
(Use 4 digits for expiration year)