HomeMy WebLinkAbout17- Annexation Agreement - Cresent Cross, LLP - Cresent Cross Annexation Original to:
City of Bozeman PLATTED
City Clerk
Box Bo 2595128
Bozemann,,M MT 59771-1230
Page: 1 of 31 10/06/2017 02:47:14 PM Fee. $217.00
Charlotte Mills - Gallatin County, MT MISC
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2017 CRESENT CROSS ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this_.)fday of (Y 2017,by
and between the CITY OF BOZEMAN, a municipal corporation and self-governing political
subdivision of the State of Montana with offices at 121 North Rouse Avenue, Bozeman,
Montana 59771-0640, hereinafter referred to as "City", and Cresent Cross, LLP, 5550
Blackwood Road, Bozeman MT 59718-7665, hereinafter referred to as "Landowner".
WITNESSETH:
WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafter
referred to as the 2017 CRESENT CROSS ANNEXATION situated in Gallatin County,Montana,
and more particularly described as follows:
Lot 3A-1, Minor Subdivision 454C, and a portion of Road Lot 2, Minor
Subdivision 454,according to the plat thereof,on file and of record in the office
of the Clerk and Recorder, Gallatin County, Montana,located in the West One-
Half of Section 15, Township 2 South, Range 5 East, Gallatin County, Montana,
all described as follows:
A tract of land being located in the Northwest One-Quarter of Section 15,
Township 2 South, Range 5 East, Principal Meridian Montana (P.M.M),
Gallatin County, Montana being more particularly described as follows:
2017 Cresent Cross Annexation Agreement 1
Beginning at a point on the west boundary of said Section 15, from which the
northwest corner of said Section 15 bears N 00°05'02" W a distance of
936.95'
thence N 89°54'58" E a distance of 548.17' to an Alpine aluminum cap;
thence N 00°04'49" W a distance of 99.27' to a calculated point;
thence S 89°50'20" E a distance of 369.32' to a Gaston yellow plastic cap;
thence S 00'05'06" E a distance of 801.54' to an Alpine aluminum cap;
thence N 89°53'58" E a distance of 412.49' to a Gaston yellow plastic cap;
thence S 00102'57"W a distance of 93.92' to an Alpine aluminum cap;
thence S 69°04'42"W a distance of 324.10' to an Alpine aluminum cap;
thence 207.12' along a curve concave to the southeast, having a radius of
330.00' and a central angle of 35°57'42"to an Alpine aluminum cap;
thence S 35°14'09"W a distance of 272.88' to an Alpine aluminum cap;
thence 58.05' along a curve concave to the northwest, having a radius of
50.00' and a central angle of 66°31'20"to an Alpine aluminum cap;
thence N 78°14'31"W a distance of 64.68' to an Alpine aluminum cap;
thence 139.24' along a curve concave to the southeast, having a radius of
175.00' and a central angle of 45°35'18"to an Alpine aluminum cap;
thence S 56°10'10"W a distance of 293.52' to an Alpine aluminum cap;
thence 111.42' along a curve concave to the northwest, having a radius of
175.00' and a central angle of 36°28'42"to an Alpine aluminum cap;
thence N 87°21'08"W a distance of 50.99' to an Alpine aluminum cap;
thence S 89°54'58"W a distance of 60.00'to a calculated point on the west
line of said Section 15;
thence N 00°05'02" W a distance of 1482.79' to the point of beginning,
containing 30.129 acres, more or less.
SUBJECT to all easements of record or apparent from a visual inspection of the
property.
WHEREAS, Landowner petitioned the City for annexation to the City of said tract of
land; and
WHEREAS, the 2017 CRESENT CROSS ANNEXATION is not within the corporate
limits of the City or other municipality and may therefore be annexed to the City in
accordance with the provisions of this Agreement and Title 7, Chapter 2, Part 46, MCA; and
2017 Cresent Cross Annexation Agreement 2
WHEREAS, all parties recognize that the annexation of the 2017 CRESENT CROSS
ANNEXATION pursuant to Section 7-2-4601, et seq., MCA will allow the 2017 CRESENT
CROSS ANNEXATION to connect to and utilize City services, including municipal water and
sewer service, stormwater infrastructure, fire service, and the City's street system, as
requested by Landowner on January 19, 2017 and approved by the City on April 10, 2017;
and
WHEREAS, Section 7-2-4610, MCA provides that a municipality and landowner may
agree upon a plan for the provision of services to the area to be annexed; and
WHEREAS, the parties recognize additional development on the 2017 CRESENT
CROSS ANNEXATION will impact area streets and fire services, and that future
improvements may require additional public street improvements for traffic circulation and
the provisions of fire services; and
WHEREAS, Landowner finds this Agreement will provide for the most satisfactory
and dependable water supply and sewer supply or service, stormwater infrastructure, and
provide traffic circulation and fire service for development of the 2017 CRESENT CROSS
ANNEXATION; and
WHEREAS, the parties have determined that it is in the best interests of the City and
Landowner, and in furtherance of the public health,safety, and welfare of the community to
enter into and implement this Agreement.
2017 Cresent Cross Annexation Agreement 3
WITNESSETH:
IN CONSIDERATION of the mutual covenants and agreements herein contained, the
parties hereto agree as follows:
1. Recitals
The above recitals are true and correct.
2. Annexation
Landowner filed an application for annexation of the 2017 CRESENT CROSS
ANNEXATION with the City on January 19, 2017. By execution of this Agreement, the City
manifests its intent to annex the 2017 CRESENT CROSS ANNEXATION tract pursuant to the
terms and conditions of this Agreement. Subject to the provisions of Title 7, Chapter 2, Part
46, MCA the City shall, upon execution of this Agreement, adopt a Resolution of Annexation
of the 2017 CRESENT CROSS ANNEXATION. Further, upon the execution of this Agreement,
Landowner shall do all things required by this Agreement and all things necessary and
proper to aid and assist the City in carrying out the terms, conditions, and provisions of this
Agreement and to effect the annexation of the 2017 CRESENT CROSS ANNEXATION.
3. Services Provided
The City will, upon annexation, make available to the 2017 CRESENT CROSS
ANNEXATION existing City services only to the extent currently available, or as provided in
this Agreement.
2017 Cresent Cross Annexation Agreement 4
4. Municipal Water Service Defined
The term "municipal water service" as is used in this Agreement shall be the service
which is supplied by the City in accordance with Chapter 40, Article 2, Bozeman Municipal
Code, as amended, as well as any other terms and conditions which apply to the City's
provision of municipal water service but does not include the extension of lines or
construction of necessary improvements at any cost to the City for delivery of water to and
within the 2017 CRESENT CROSS ANNEXATION. Nothing in this Agreement shall obligate
the City to pay for right-of-way acquisition,engineering,construction,and other costs for the
delivery of water to or within the 2017 CRESENT CROSS ANNEXATION to include, but not
limited to, any impact fees, hook-up, connection, or development charges which have been
or may be established by the City.
5. Municipal Sewer Service Defined
The term "municipal sewer service" as is used in this Agreement shall be the service
which is supplied by the City in accordance with Chapter 40, Article 3, Bozeman Municipal
Code, as amended, as well as any other terms and conditions which apply to the City's
provision of this service but does not include the extension of lines or construction of
necessary improvements at any cost to the City for collection of sewage at and within the
2017 CRESENT CROSS ANNEXATION. Nothing in this Agreement shall obligate the City to
pay for right-of-way acquisition, engineering, construction, and other costs for the sewer
services to or within the 2017 CRESENT CROSS ANNEXATION to include, but not limited to,
2017 Cresent Cross Annexation Agreement 5
any impact fees, hookup, connection, or development charges, which may be established by
the City.
6. Water Rights
Landowner agrees to provide water rights or cash-in-lieu of water rights to the City
at an amount equal to the anticipated average annual water demand required for any new
connections or new development on the property in accordance with Section 38.23.180,
Bozeman Municipal Code. Upon further development or subdivision of the property, the
amount of water rights or cash-in-lieu thereof due at the time of development or subdivision
will be calculated based on the annual demand for volume of water the development will
require multiplied by the most current annual unit price in effect on the date the water rights
are transferred or payment-in-lieu of water rights is to be made to the City. As such,
Landowner acknowledges that the rates for cash-in-lieu of water rights may increase over
time as established by Resolution of the City Commission.
7. Comprehensive Water and Water Design Report
Prior to future development of the property the City may require Landowner to have
prepared by a Professional Engineer, at Landowner's expense, a comprehensive design
report evaluating existing capacity of sewer and water utilities in the area. The report must
include hydraulic evaluations of each utility for both existing and post-development
demands, and the report findings must demonstrate adequate capacity to serve the full
development of the land.If adequate infrastructure capacity is not available for the proposed
development, the report must identify necessary water or wastewater system
2017 Cresent Cross Annexation Agreement 6
improvements necessary for the proposed development. If improvements to this water or
wastewater system are necessary, Landowner agrees prior to development of the 2017
CRESENT CROSS ANNEXATION to complete, at Landowner's expense, the necessary system
improvements to serve the proposed development.
8. Future Development Limitations
Landowner understands and agrees that there is no right, either granted or implied,
for Landowner to further develop any of the 2017 CRESENT CROSS ANNEXATION until it is
verified by the City that the necessary municipal services, including but not limited to police
and fire protection, streets, stormwater infrastructure, and sewer and water capacity, are
available to all or a portion of the 2017 CRESENT CROSS ANNEXATION including South
Cottonwood Road as described below in Section 9. Notice is thus provided to Landowner
that prior to additional development of the property,any facilities or infrastructure required
to provide full municipal services to the 2017 CRESENT CROSS ANNEXATION must be
constructed in accordance with the City's infrastructure master plans, adopted Growth
Policies/Community Plans, and all other city regulations, policies, and guidelines that may
be in effect at the time of development. Landowner recognizes that upon future
development, a 15-inch sanitary sewer main must be constructed in the approximate
alignment indicated in the 2015 City of Bozeman Wastewater Collection Facilities Plan
Update at Cottonwood Road to provide sanitary sewer service to the property. Landowner
also recognizes that upon future development, a 12-inch water main must be constructed in
2017 Cresent Cross Annexation Agreement 7
the approximate alignment indicated in the 2017 City of Bozeman Water Facility Plan at
Cottonwood Road to provide water service to the property.
9. South Cottonwood Road Improvements
Landowner agrees that prior to construction of any habitable structure on the 2017
CRESENT CROSS ANNEXATION, the entire cross section width of South Cottonwood Road
from the current complete road section to the 2017 CRESENT CROSS ANNEXATION must be
improved to a principal arterial standard road section as described in the long range
transportation plan for Bozeman, whichever such plan is in place at the time such
improvements are made. Landowner recognizes the required improvements to South
Cottonwood Road are necessary to provide adequate and sufficient access for vehicular,
pedestrian, and multi-modal transportation, and are reasonably related to and necessary to
mitigate the impacts of developing the 2017 CRESENT CROSS ANNEXATION to the adopted
zoning designation.
South Cottonwood Road improvements must include all necessary subsurface
improvements, and all other necessary improvements including, but not limited to, drive
lanes, signage, curb, gutter, boulevard, and sidewalk.
Portions of the South Cottonwood Road improvements are potentially eligible for
contribution by the City of Bozeman impact fees and/or the City's Arterial and Collector
District fund. Landowner recognizes that presently South Cottonwood Road improvements
are neither listed for impact fee funding in the City's transportation impact fee capital
improvement program nor for arterial and collector funding in the City's arterial and
2017 Cresent Cross Annexation Agreement 8
collector district capital improvement plan. Landowner agrees nothing herein binds the City
to add South Cottonwood Road improvements to its capital improvement plans.
Landowner recognizes South Cottonwood Road, as a designated principal arterial
street, provides a critical north to south corridor for the overall street network for the City
and improvements to South Cottonwood Road are necessary to mitigate the impacts of any
future development on the 2017 CRESENT CROSS ANNEXATION. Therefore, in addition to
Landowner recognizing and agreeing South Cottonwood Road must be completed prior to
development as stated above, Landowner agrees to participate in an equitable fair share of
improvement costs for improving the entirety of South Cottonwood Road as described herein
to a principal arterial standard where adjacent to the 2017 CRESENT CROSS ANNEXATION.
Landowner must provide a waiver of right to protest creation of a special
improvement district for South Cottonwood Road improvements as required pursuant to
Section 11 of this Agreement.
10. Stormwater Master Plan
Landowner understands and agrees a Stormwater Master Plan for the 2017 CRESENT
CROSS ANNEXATION for a system designed to remove solids, oils, grease, and other
pollutants from the runoff from adjacent public streets and the area of the 2017 CRESENT
CROSS ANNEXATION will be required to be provided to and approved by the City Engineer
at the time of any future development.Such plan,if required,must depict the maximum sized
retention/detention basin location and locate and provide easements for adequate drainage
ways within the area to transport runoff to the stormwater receiving channel(s). The plan
2017 Cresent Cross Annexation Agreement 9
must include site grading and spot elevation information, flow direction arrows, typical
stormwater detention/retention basin and discharge structure details, basin sizing
calculations, culvert capacity calculations, and stormwater maintenance plan.
11. Waiver of Right-to-Protest Special Improvement Districts
A. Landowner must execute a Waiver of Right-to-Protest Creation of Special
Improvement Districts (SID) for the maintenance of any parks within the annexed area
and/or of a City-wide Park Maintenance District. Landowner agrees such SID will provide a
mechanism for the fair and equitable assessment of maintenance costs for such parks. The
waiver is attached hereto as Exhibit "A" and is hereby incorporated in and made a part of
this Agreement.
B. Landowner must execute a Waiver of Right-to-Protest Creation of Special
Improvement Districts for street improvements including paving, curb and gutter, sidewalk,
lighting, and stormwater drainage facilities for South Cottonwood Road. Landowner agrees
such an SID will provide a mechanism for the fair and equitable assessment of construction
and maintenance costs for such improvements. The waiver is attached hereto as Exhibit"B"
and is hereby incorporated in and made a part of this Agreement.
C. Landowner must execute a Waiver of Right-to-Protest Creation of Special
Improvement Districts for street improvements including paving, curb and gutter,sidewalk,
lighting, and stormwater drainage facilities for Stucky Road. Landowner agrees such an SID
will provide a mechanism for the fair and equitable assessment of construction and
2017 Cresent Cross Annexation Agreement 10
maintenance costs for such improvements. The waiver is attached hereto as Exhibit"C"and
is hereby incorporated in and made a part of this Agreement.
D. Landowner must execute a Waiver of Right-to-Protest Creation of Special
Improvement Districts for intersection improvements to the intersection of South
Cottonwood Road and Huffine Lane. Landowner agrees such an SID will provide a
mechanism for the fair and equitable assessment of construction and maintenance costs for
such improvements.The waiver is attached hereto as Exhibit"D"and is hereby incorporated
in and made a part of this Agreement.
E. Landowner must execute a Waiver of Right-to-Protest Creation of Special
Improvement Districts for intersection improvements to the intersection of South
Cottonwood Road and Stucky Road.Landowner agrees such an SID will provide a mechanism
for the fair and equitable assessment of construction and maintenance costs for such
improvements. The waiver is attached hereto as Exhibit "E" and is hereby incorporated in
and made a part of this Agreement.
F.Landowner agrees that in the event an SID is not utilized for the completion of these
improvements as described in subsections A, B, C, D, and E above, Landowner must
participate in an alternative 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.
12. Public Utility Easement
2017 Cresent Cross Annexation Agreement 11
The Landowner understands and agrees that utility easements, a minimum of thirty
(30) feet in width,may be necessary for the installation and maintenance of water and sewer
utility services to the 2017 CRESENT CROSS ANNEXATION parcel. Landowner, at its sole
expense, must create such easements in locations and form agreeable to the.City during the
appropriate development procedures, but in no event later than the filing of any final plat or
site plan review or issuance of a building permit on the parcel.
13. Impact Fees
Landowner acknowledges that annexation and development of its property will
impact the City's existing street, water and sewer infrastructure, and the City's fire service.
As approved by the City, Landowner and its successors must pay:
a. Fire impact fees equal to the amount per Chpt. 2, Art. 6, Div. 9 BMC, or as
amended, at the time of application for development approval.
b. Transportation impact fees equal to the amount per Chpt. 2, Art. 6, Div. 9
BMC, or as amended, at the time of application for development approval.
c. Water impact fees as required by Chpt.2,Art.6, Div.9 BMC,or as amended,
at the time of application for connection to city water.
d. Sewer impact fees as required by Chpt.2,Art.6, Div.9 BMC,or as amended,
at the time of application for connection to city sewer.
The amount of impact fees to be paid for connection to the City's water and sewer
services, if any, must be calculated based on the provisions of the Bozeman Municipal Code,
as amended, in effect at the time of application for a permit to connect. The amount of street
or fire impact fees to be paid, if any, must be calculated based on the provisions of the
Bozeman Municipal Code, as amended, in effect at the time an application for development
approval is deemed sufficient for review.
2017 Cresent Cross Annexation Agreement 12
Landowner further understands and agrees that any improvements, either on-site or
off-site, necessary to provide connection of the 2017 CRESENT CROSS ANNEXATION
municipal services and which are wholly attributable to the property as determined
exclusively by the City are considered "project related improvements"as defined in Chapter
2, Article 6, Division 9, Bozeman Municipal Code, as amended, and as such, are not eligible
for impact fee credits.
If Landowner defaults on this condition at the time such condition is to be performed,
and if the default is not remedied or corrected within thirty(30) days after written notice by
City to Landowner of such default, City may at their option:
A) Declare the amounts owing for impact fees immediately due and payable
and City shall have the right and privilege to take legal action against
Landowner for the collection of such sum, including the entry of any
judgment. In addition, the City may, at its option, enforce payment of such
amount by levying an assessment on the premises.
B) Elect any other remedy available to City under the laws of the State of
Montana.
14. Payback Districts
The 2017 CRESENT CROSS ANNEXATION is within the Loyal Garden Lift Station and
Sanitary Sewer main payback area. Landowner agrees to pay Sixty Nine Thousand Two
Hundred Ten Dollars and Two Cents ($69,210.02) for the above-referenced payback at the
time the signed Agreement is returned to the City and prior to signing of the Agreement by
the City.
15. Additional Terms
The parties recognize these documents must be filed and of record with the Gallatin
2017 Cresent Cross Annexation Agreement 13
County Clerk and Recorder prior to the sale of any land with the 2017 CRESENT CROSS
ANNEXATION. The parties further agree that the City may file these documents at any time.
16. Governing Law and Venue
This Agreement shall be construed under and governed by the laws of the state of
Montana. In the event of litigation, venue is in the Eighteenth Judicial District Court, in and
for County of Gallatin, State of Montana.
17. Attorney's Fees
In the event it becomes necessary for either party to this Agreement to retain an
attorney to enforce any of the terms or conditions of this Agreement, then the prevailing
party shall be entitled to reasonable attorney's fees and costs,to include the salary and costs
of in-house counsel including City Attorney.
18. Waiver
No waiver by either party of any breach of any term, covenant or agreement shall be
deemed a waiver of the same or any subsequent breach of this same or any other term,
covenant or agreement. No covenant, term or agreement shall be deemed waived by either
party unless waived in writing.
19. Invalid Provision
The invalidity or unenforceability of any provision of this Agreement shall not affect
the other provisions hereof, and this Agreement shall be construed in all respects as if such
invalid or unenforceable provision were omitted.
20. Modifications or Alterations
2017 Cresent Cross Annexation Agreement 14
No modifications or amendment of this Agreement shall be valid unless evidenced by
a writing signed by the parties hereto.
21. No Assignment
It is expressly agreed that Landowner and/or Landowner/Developer shall not assign
this Agreement in whole or in part without prior written consent of the City.
22. Successors
This Agreement shall be binding upon, inure to the benefit of and be enforceable by
the parties hereto and their respective heirs, successors and assigns and specifically to any
subsequent purchaser of the annexed property.
23. Covenants to Run with the Land
The parties intend that the terms of this Agreement shall benefit the 2017 CRESENT
CROSS ANNEXATION and shall be covenants running with the land and shall not expire at
their deaths or upon transfer of ownership of the property.
The undersigned Landowner affirms that they have authority to enter into this
Agreement and to bind themselves to this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
2017 Cresent Cross Annexation Agreement 15
DATED this C3 day of ' 2017.
LANDOWNER
00"
Dayle 119untz /
Cresent Cross, LLP
STATE OF MONTANA )
:ss
COUNTY OFraAuAri, )
On this 9 day of Of 2017, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared Dayle Kountz known to me to be the
person that executed the within instrument, and acknowledged to me that he executed the
same.
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_�c�.�C1f 4 i'I, 'T
My Commission Expires: N&c l 6 Z09
(Use 4 digits for expiration year)
CHRIS 13UDESKI
Notary Public
NOTAR/q� for the State of Montana'
* * Residing
=N•.SEAL.��-; Boat:
v P?. Zeman, Montana
Mod. My commission Expires:
26,
2019
--�
2017 Cresent Cross Annexation Agreement 16
DATED this day of , 2017.
CITY OF BOZEMAN
1
r 1
Dennis Taylor
Interim City Manager
O� B 02 .
ATTEST: � .' +♦•
Robin Crough Ti• . • �o�pv�
STATE OF MONTANA )
:ss
COUNTY OF )
On this day of 0 Ckplko-tr 2017, before me, the undersigned, a Notary
Public for the State of Montana,personally appeared Dennis Taylor and Robin Crough known
to me to be the persons described in and who executed the foregoing instrument as Interim
City Manager and respectively, of the City of Bozeman, whose
names are subscribed to the within instrument and acknowledged to me that they executed
the same for an on behalf of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written. - `
sVV BRENDA SWEENEY
Notary Pu \�
mQ'NpTAniq �t'_for the State of M' t
Residing at:
Printed Name Here
'SEAL. ,;= Bozeman, Montana Notary Public for the State of kk%4 ,a
"�;�iF •••�?� My Commission Expires: 7
December 02,2018 Residing at $
My Commission Expires: Sr
(Use 4 digits for expiration year)
2017 Cresent Cross Annexation Agreement 17
l
EXHIBIT "A"
WAIVER OF RIGHT-TO-PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICT
FOR A CITY-WIDE PARK MAINTENANCE DISTRICT
2017 CRESENT CROSS ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State
of Montana, and more particularly described as follows:
Lot 3A-1, Minor Subdivision 454C, according to the plat thereof, on file and of
record in the office of the Clerk and Recorder, Gallatin County, Montana,
located in the West One-Half of Section 15, Township 2 South, Range 5 East,
Gallatin County, Montana.
SUBJECT to all easements of record or apparent from a visual inspection of the
property.
IN CONSIDERATION of receiving approval for annexation 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 impact to City parks which will be caused by the development of the above-described
property, Landowner has waived and does hereby waive for itself,its successors and assigns
forever the right to protest the creation of one or more special improvement districts for
maintenance of any parks within the annexed area and/or of a City-wide Park Maintenance
District, which would provide a mechanism for the fair and equitable assessment of
maintenance costs for City parks, 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.
2017 Cresent Cross Annexation Agreement 18
This waiver is made for the benefit of the property described above and 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 Landowner.ce
DATED this "V day of , 2017.
LANDOWNER
zoa4�4 L�.
Dayle K ntz
Cresent Cross, LLP
STATE OF MONTANA )
as
COUNTY 0176 ✓L )
On this F day of A (&6-t V 4-( 2017, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared Dayle Kountz known tome to be the
person that executed the within instrument, and acknowledged to me that he executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
(SEAL) G If Ql,-) R,A Pc=W lc.l
(Printed Name Here)
Notary Public for the State of OT
1io Residing at �oL'.e r4r9�r Kt
fo;tl: i ',.4ontam g
- ,.i`.i, g; at: My Commission Expires: &oU 74 Z019
SI.A= .�� Ec.zen-ian, fvicntana
P✓i.'Comr, fission Expires: (Use 4 digits for expiration year)
.�of November 26, 2019
2017 Cresent Cross Annexation Agreement 19
EXHIBIT "B"
WAIVER OF RIGHT TO PROTEST CREATION OF
SPECIAL IMPROVEMENT DISTRICTS FOR STREET IMPROVEMENTS TO SOUTH
COTTONWOOD ROAD
2017 CRESENT CROSS ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State
of Montana, and more particularly described as follows:
Lot 3A-1, Minor Subdivision 454C, according to the plat thereof, on file and of
record in the office of the Clerk and Recorder, Gallatin County, Montana,
located in the West One-Half of Section 15, Township 2 South, Range 5 East,
Gallatin County, Montana.
SUBJECT to all easements of record or apparent from a visual inspection of the
property.
IN CONSIDERATION of receiving approval for annexation 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 South Cottonwood Road 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
improvement districts for the construction and maintenance of following improvements:
paving, curb and gutter, sidewalk, lighting, and storm drainage facilities for South
Cottonwood Road, 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.
2017 Cresent Cross Annexation Agreement 20
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 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 Landowner.
2017 Cresent Cross Annexation Agreement 21
DATED this--iday of ' 2017.
LANDOWNER
Dayle Kou
Cresent Cross, LLP
STATE OF MONTANA )
:ss
COUNTY OF LL l,4 )
On this ( day of &_GcA51_ 2017, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared Dayle Kountz known to me to be the
person that executed the within instrument, and acknowledged to me that he executed the
same.
IN WITNESS WHEREOF, I have hereunto set my and and affixed my official seal the
day and year first above written. � /�vlJ-
( ,
(SEAL) GH"Q-jJ 6L,t&5sitLC
(Printed Name Here)
Notary Public for the State of
Residing at /0—
My Commission Expires: *OU 24 20�9
(Use 4 digits for expiration year)
etioFs,, CHRIS BUDESKI
NOTAn/q'.f'''_for Notary Public
[, _ the State of Montana
*' *> Residing at-
SEAL
. Bozeman,` -V P�? man, Montana
II „ Y Commission Expires:
'FOF Mo M
November 26,2019
2017 Cresent Cross Annexation Agreement 22
EXHIBIT "C"
WAIVER OF RIGHT TO PROTEST CREATION OF
SPECIAL IMPROVEMENT DISTRICTS FOR STREET IMPROVEMENTS TO STUCKY ROAD
2017 CRESENT CROSS ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State
of Montana, and more particularly described as follows:
Lot 3A-1, Minor Subdivision 454C, according to the plat thereof, on file and of
record in the office of the Clerk and Recorder, Gallatin County, Montana,
located in the West One-Half of Section 15, Township 2 South, Range 5 East,
Gallatin County, Montana.
SUBJECT to all easements of record or apparent from a visual inspection of the
property.
IN CONSIDERATION of receiving approval for annexation 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 Stucky Road 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 improvement districts for the
construction and maintenance of following improvements: paving, curb and gutter,
sidewalk, lighting, and storm drainage facilities for Stucky Road, 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.
2017 Cresent Cross Annexation Agreement 23
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 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 Landowner.
2017 Cresent Cross Annexation Agreement 24
DATED this day of ' 2017.
Jr
LANDOWNER
L�-
Dayle Kou z
Cresent Cross, LLP
STATE OF MONTANA )
COUNTY OF 644t-aT„ss
On this e5 day of A V( 0 T . 2017, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared Dayle Kountz known to me to be the
person that executed the within instrument, and acknowledged to me that he executed the
same.
IN WITNESS WHEREOF, I have hereunto y ha d and affixed my official seal the
day and year first above written. ( se `3
(SEAL) G1'�'� C.06 S 1
(Printed Name Here)
Notary Public for the State of kq
Residing at Ke2eM4n / 77
My Commission Expires: Mou Z-6 e ty
(Use 4 digits for expiration year)
Pis siio� ; C:HRIS BUDESIU~
s%; Notary Public
NoTARrq�. :for the State of Montana
_* * Residing at:
SEAL.�� Bozeman, Montana
My commission
qOn iMr,�anw`•
November 26,20Ex{'Qea
2017 Cresent Cross Annexation Agreement 25
EXHIBIT"D"
WAIVER OF RIGHT TO PROTEST CREATION OF
SPECIAL IMPROVEMENT DISTRICTS FOR INTERSECTION IMPROVEMENTS TO SOUTH
COTTONWOOD ROAD AND HUFFINE LANE
2017 CRESENT CROSS ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State
of Montana, and more particularly described as follows:
Lot 3A-1, Minor Subdivision 454C, according to the plat thereof, on file and of
record in the office of the Clerk and Recorder, Gallatin County, Montana,
located in the West One-Half of Section 15, Township 2 South, Range 5 East,
Gallatin County, Montana.
SUBJECT to all easements of record or apparent from a visual inspection of the
property.
IN CONSIDERATION of receiving approval for annexation 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 intersection of South Cottonwood Road and Huffine Lane 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 improvement districts for the construction and maintenance of following
improvements: intersection improvements for South Cottonwood Road and Huffine Lane to
serve the property, 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.
2017 Cresent Cross Annexation Agreement 26
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 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 Landowner.
2017 Cresent Cross Annexation Agreement 27
DATED this 5 day of , 2017.
LANDOWNER
—6a�-tk J ,
Dayle Kolatz
Cresent Cross, LLP
STATE OF MONTANA )
:ss
COUNTY OF 64,C ^r )
On this a day of /ALAfA,L J , 2017, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared Dayle Kountz known to me to be the
person that executed the within instrument, and acknowledged to me that he executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
(SEAL) C'"kk.: �DCS�L
(Printed Name Here)
Notary Public or the State of f
Residing at C't Hr
My Commission Expires: Atutl 2 2019
(Use 4 digits for expiration year)
S 1UZ7c.
'oT%�ri��• for ilieF of D ontana
2017 Cresent Cross Annexation Agreement 28
EXHIBIT"E"
WAIVER OF RIGHT TO PROTEST CREATION OF
SPECIAL IMPROVEMENT DISTRICTS FOR INTERSECTION IMPROVEMENTS TO SOUTH
COTTONWOOD ROAD AND STUCKY ROAD
2017 CRESENT CROSS ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State
of Montana, and more particularly described as follows:
Lot 3A-1, Minor Subdivision 454C, according to the plat thereof, on file and of
record in the office of the Clerk and Recorder, Gallatin County, Montana,
located in the West One-Half of Section 15, Township 2 South, Range 5 East,
Gallatin County, Montana.
SUBJECT to all easements of record or apparent from a visual inspection of the
property.
IN CONSIDERATION of receiving approval for annexation 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 intersection of South Cottonwood Road and Stucky Road 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 improvement districts for the construction and maintenance of following
improvements: intersection improvements for South Cottonwood Road and Stucky Road to
serve the property, or to make any written protest against the size or area or creation of the
2017 Cresent Cross Annexation Agreement 29
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 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 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 Landowner.
2017 Cresent Cross Annexation Agreement 30
DATED this U day of , 2017.
LANDOWNER
AaAjt, LJ
Dayle K tz
Cresent Cross, LLP
STATE OF MOONTANA )
COUNTY OF GA1C1(-4rlh:ss
On this day of 2017, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared Dayle Kountz known to me to be the
person that executed the within instrument, and acknowledged to me that he executed the
same.
IN WITNESS WHEREOF, I have hereunto set my haCdand affixed my official seal the
day and year first above written. Q'—�
(SEAL) eG�4s rT kA PF—'s 1t
(Printed Name Here)
Notary Public for the State of
Residing at�aC'?-e '1'4 n tit t"
My Commission Expires: nv ZCI 20119
(Use 4 digits for expiration year)
S CHR1S 8UDESKI
s.9lFpcc�
s
�''�yQTAgiq��' t for the Stta`y p}FiubMOrttana
m SGA Residing at
e.�y L r� Bozeman IViontAna
My Commissft�n ,� F
November-26, 19.
2017 Cresent Cross Annexation Agreement 31