HomeMy WebLinkAbout014 - Waiver of SIDSRETURN RECORDED DOCUMENT TO:
City of Bozeman
Department of Community Development
P.O. Box 1230
Bozeman, MT 59771
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR: 5170 Durston Rd, Smith Subdivision
I, the undersigned Owner of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
THE PROPERTY DESCRIBED IN DOCUMENT NO. 2602650, AND BEING A
PART OF TRACT 6 AND TRACT 7, SMITH SUBDIVISION, LOCATED IN NW
1/4 OF SECTION 11, T. 2 S., R. 5 E. OF P.M.M., CITY OF BOZEMAN,
MONTANA
IN CONSIDERATION of receiving site plan approval from the City of Bozeman for the
Nahorniak Commons Site Plan, along with accompanying rights and privileges and for other
valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the
impacts to City transportation and infrastructure systems that will be generated by the
development of the above-described property, do hereby for ourselves, our heirs, personal
representatives, successors and assigns, waive the right to protest the creation of one or more
special improvement districts (SID’s) for the following:
1. Street improvements to Durston Road between Fowler Ave and 19th Ave including
lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
2. Intersection improvements at Durston Road and Fowler Ave including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
3. Intersection improvements at Durston Road and 19th Ave including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
4. Intersection improvements at Durston Road and North 27th Ave including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
Or to make any written protest against the proposed work or against the extent or creation of the
districts (SID’s) to 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 an SID 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 square footage of property, taxable
valuation of the property, traffic contribution from the development or a combination thereof.
This waiver shall be a covenant running with the land and shall not expire with the dissolution of
the limited liability company, provided however this waiver shall apply to the lands herein
described.
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 _____________________, 2022.
Grantor: MJN Properties INC.
___________________________________
By: Mark Nahorniak, Owner
STATE OF MONTANA )
) ss.
County of Gallatin )
This instrument was signed or acknowledged before me on this ____ day of ________________,
2022, by Mark Nahorniak of MJN Properties INC.
_______________________________________ (SEAL)
Notary Public for the State of Montana
Printed Name: ______________________
Residing at: _______________, _________
My Commission Expires: _____/ _____, 20 ____.
O:\Bozeman\Candh\Officedata\CH\19\190527\Applications\Master Site Plan\Submitted To COB_2022.05.18\Working Docs\Waiver
Of SIDS.Doc