HomeMy WebLinkAboutW1 - Waiver of SIDS Inter-office Original
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
VALLEY GLASS AND WINDOWS SITE PLAN (24511)
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
LOT 3 OF TRACT 6 PLUS VACATED SINGLE TREE COURT, GARDNER SIMMENTAL
PLAZA SUBDIVISION, SEC. 35, T1 S, R5E OF P.M.M., GALLATIN COUNTY,
MONTANA
IN CONSIDERATION of receiving site plan approval 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 Simmental Way,
Rawhide Ridge Road,North 19t'Avenue,Cattail Street/Deadman's Gulch and Baxter 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: paving and subgrade material, curb/gutter, sidewalk,
storm drainage facilities and traffic signals:
1) Street improvements to Simmental Way between Baxter Lane and Dead Man's Gulch including
lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
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2) Street improvements to Rawhide Ridge between Simmental Way and 19th Avenue including lighting,
signalization, paving, curb/gutter, sidewalk,and storm drainage.
3)Street improvements to North 19th Avenue between East Valley Center Road and Oak Street including
lighting,signalization,paving, curb/gutter, sidewalk, and storm drainage.
4) Street improvements to Dead Man's Gulch between Simmental Way and 19th Avenue including
lighting, signalization,paving, curb/gutter, sidewalk, and storm drainage.
5) Intersection improvements at 19th Avenue and Cattail Street/Dead Man's Gulch including lighting,
signalization/channelization,paving, curb/gutter,sidewalk,and storm drainage.
6) Intersection improvements at 19th Avenue and Rawhide Ridge including lighting,
signalization/channelization, paving, curb/gutter,sidewalk,and storm drainage.
7) Intersection improvements at Baxter Lane and Simmental Way 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.
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DATED this Z-q*'day of , 2025.
LANDOWNER
W I&VESIWr4g,LW
By:Frank Armknecht
Title: President
STATE OF
:ss
COUNTY OF )
On this Zyy''= day of , 2025,before me,the undersigned, a Notary Public for the
State of Montana,personally appea ed Frank Armknecht known to me to be the president of VGW Investments,
LLC 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)
54►4a t� lAr�.k.«p cln�- - I`
1.
STACIA LEE ARMKNECHT (Printed Name Here)
M ;; Notary Public Notary Public for the State of VN�MG�,v�Q._
,Q' NOTaR/gc �'s-_for the State of Montana Residing at
Residing at: My Commission xpires: 8 2%
,g,•.SEAL.-Q Bozeman, Montana
My Commission Expires: (Use 4 digits for expiration year
April 8,2028
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