HomeMy WebLinkAbout23 - Waivers of Right to Protest - Frontage Road LLC - East Frontage Site Plan, Plat 7 Film 1072 2810552
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Frio Semerad - Gallatin County MT MISC
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Inter-office Original to:
City of Bozeman t
City Clerk )LAT1 CD
PO Box 1230
Bozeman MT 59771-1230
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS
(East Frontage Site Plan 203641
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
Being a portion of Plat 7 Film 1072, Located in the Southeast '/4 of Section 8, Township 2
South, Range 6 East, Principal Meridian Montana, 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 Frontage Road,
East Main Street and Haggerty Lane 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:
a) Street improvements to the Frontage Road between Highland Blvd and Fort Ellis Road
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
b) Intersection improvements at East Main Street and Haggerty Lane including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
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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.
DATED this day of . w 1 , 202� .
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LANDOWNER
Frontage Road LLC
By: Ro b c�A-k
Title: MILAk!'o'
STATE OF )
r. ,� _ :ss
COUNTY OF l7O V` I I h
On this 161}-day of 7&0 , 2025 , before me, the undersigned, a Notary Public
for the State of M"t ersonally appeared L Gl-
known to me to be the landowner that executed the within instrument, and acknow fe'JV6d to me that j3��23
they executed the same for and on behalf of landowner. �rpk'-Nf VA U►G
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
°'yN�ivi ELLYN LIVINGS
Notary Public (printed Name Here)NOTaRrq�. :for the State of Montana M
Residing at: Notary Public for the State of
,ry AL.;g Bozeman, Montana
P2;'` My Commission Expires: Residing at wY1 Gn M,I,
January 24,2024 My Commission Expires: I
(Use 4 digits for expiration year)
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