HomeMy WebLinkAbout025_SIDwaiver
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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 NORTH PARK WESTSIDE MASTER SITE PLAN APPLICATION NO 22394 The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
Tract 1-B of Certificate of Survey No. 2153A, located in the NW1/4 and
the NE1/4 of Section 36, Township 1 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Reorder, Gallatin County, Montana.
IN CONSIDERATION of receiving approval for 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 Frontage Road, Mandeville Lane,
Wheat Drive, and 7th Avenue 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 Mandeville Lane between Wheat Drive and 7th Avenue
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
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b) Street improvements to 7th Avenue/ Frontage Road between Oak Street and Springhill
Road including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
c) Street improvements to 19th Avenue between Cattail Street and Springhill Road
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
d) Intersection improvements at Mandeville Lane and 7th Avenue including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
e) Intersection improvements at 19th Avenue and Springhill Road including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
f) Intersection improvements at Frontage Road and Springhill Road including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
g) Intersection improvements at 19th Avenue and East Valley Center 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.
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.
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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 __________________, 2024.
Manager of Bozeman TRAX Partners, LLC
______________________________________________
Bozeman TRAX Partners, LLC By: Casey Tippens Title: Manager
STATE OF MONTANA ) :ss COUNTY OF GALLATIN )
On this ________ day of ____________________, 2024, before me, the undersigned, a Notary Public for the State of Montana, personally appeared____Casey Tippens_______________, known to me to be the Manager of Bozeman TRAX Partners, LLC that executed the within instrument, and acknowledged to me that they executed the same for and on behalf of Casey Tippens, known to me to
be the Manager of Bozeman TRAX Partners, LLC.
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)