HomeMy WebLinkAbout17- Annexation Agreement - D. & L. Noyes - 1200 Bridger Drive Original to:
City of Bozeman
City Clerk 2595495
PO Box 1230 Page: 1 of 32 10/12/2017 02:10:23 PM Fee: $224.00
Bozeman,MT 59771-1230 Charlotte
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NOYES ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this �day of CCjbPs�_R. . 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 David W. and Lynn H. Noyes,
1200 Bridger Drive, Bozeman MT 59715, hereinafter referred to as "Landowner".
WITNESSETH:
WHEREAS, Landowner is owner-in fee of a tract of certain real property, hereinafter
referred to as the NOYES ANNEXATION situated in Gallatin County, Montana, and more
particularly described as follows:
The property is located at 1200 Bridger Drive. The property is further described as:
A tract of land in the Southwest Quarter of Section 32,Township 1 South,
Range 6 East, M.P.M., Gallatin County, Montana, and being more particularly
described by the following metes and bounds, to-wit: Beginning at a point
which bears North 1°39' West a distance of 677.79 feet and North 89°55'
East a distance of 230.45 feet from the southwest corner of Section 32,
Township 1 South, Range 6 East; thence from said point of beginning and
bearing North 0°05'West a distance of 212.03 feet to the south right of way
of the Bridger Canyon Road as now laid out and constructed; thence North
89°55' East, along said right of way a distance of 173.05 feet; thence South
Noyes Annexation Agreement 1
0'05' East a distance of 212.03 feet; thence South 89°55'West a distance of
173.05 feet to the point of beginning, containing 0.84 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 NOYES 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
WHEREAS, all parties recognize that the annexation of the NOYES ANNEXATION
pursuant to Section 7-2-4601, et seq.,MCA will allow the NOYES 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
August 29, 2017 and approved by the City on October 9, 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 NOYES
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
Noyes Annexation Agreement 2
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 NOYES 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.
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 NOYES ANNEXATION with the
City on August 29, 2017. By execution of this Agreement, the City manifests its intent to
annex the NOYES 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 NOYES 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
Noyes Annexation Agreement 3
the terms, conditions, and provisions of this Agreement and to effect the annexation of the
NOYES ANNEXATION.
3. Services Provided
The City will, upon annexation, make available to the NOYES ANNEXATION existing
City services only to the extent currently available, or as provided in this Agreement.
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 NOYES 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 NOYES 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
Noyes Annexation Agreement 4
NOYES 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 NOYES ANNEXATION to include, but not limited to, any impact fees, hookup,
connection, or development charges,which may be established by the City.
6. Water and Sewer Connections
Landowner understands and agrees that within 60 days of City Commission approval
of the Annexation Agreement, the existing residence on the property must be connected to
City water and sewer utilities.Water and sewer services must be constructed in accordance
with design and specifications approved by the City prior to the installation of the water and
sewer lines. Landowner must contact the City Water and Sewer Superintendent to obtain
details of construction requirements. Landowner must notify the City Water and Sewer
Superintendent a minimum of 48 hours prior to construction of the services and
disconnection of the well and septic system abandonment..
Landowner further understands and agrees that prior to connection to the City water
and sewer system, the existing on-site sewage treatment system must be properly
abandoned and certification provided to the City Water and Sewer Superintendent that the
abandonment occurred. The applicant must report the abandonment to the Gallatin City
County Health Department. In addition to abandonment of the septic tank and leach field,
the applicant must demonstrate that the sanitary sewer service to the septic tank has been
completely disconnected from the old septic system prior to connection to the City sanitary
sewer system.
Noyes Annexation Agreement 5
Any wells presently used for domestic purposes may be retained for irrigation only,
with no physical connection to domestic water piping. Certification that there is no physical
connection between an on-site well and the domestic water piping must be provided. The
City Water and Sewer Superintendent may perform an inspection of the property and certify
that the disconnection of the well and septic system abandonment are properly completed.
Landowner understands and agrees that if Landowner fails to properly abandon the existing
system and/or fails to disconnect the existing well from the domestic water piping as
required herein the City may upon ten day's written notice to the Landowner terminate
water and/or sewer services to the property. Costs of all disconnects and/or subsequent
reconnects shall be borne by Landowner.
7. 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
Noyes Annexation Agreement 6
time as established by Resolution of the City Commission. Payment of$1,404 for cash-in-lieu
of water rights for the existing home on the property is due at time of annexation.
8. Comprehensive Water and Water Design Report
Prior to further 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
improvements necessary for the proposed development. If improvements to this water or
wastewater system are necessary, Landowner agrees prior to development of the NOYES
ANNEXATION to complete,at Landowner's expense,the necessary system improvements to
serve the proposed development.
9. future Development Limitations
Landowner understands and agrees that there is no right, either granted or implied,
for Landowner to further develop any of the NOYES 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 NOYES ANNEXATION. Notice is thus provided to Landowner that
prior to additional development of the property, any facilities or infrastructure required to
Noyes Annexation Agreement 7
provide full municipal services to the NOYES 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. Prior to development as other than a single household residence a
municipal zoning designation must be adopted for the NOYES ANNEXATION.
9. Stormwater Master Plan
Landowner understands and agrees a Stormwater Master Plan for the NOYES
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 NOYES 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 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.
10. 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
Noyes Annexation Agreement 8
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 Story Mill 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 Bridger Drive. 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"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 Story Mill Road
and Bridger Drive. 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.
Noyes Annexation Agreement 9
E.Landowner agrees that in the event an SID is not utilized for the completion of these
improvements as described in subsections A,B,C,and D 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.
11. Public Utility Easement
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 NOYES 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.
12. 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.
Noyes Annexation Agreement 10
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.
Landowner further understands and agrees that any improvements,either on-site or
off-site,necessary to provide connection of the NOYES 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.
13. Additional Terms
The parties recognize these documents must be filed and of record with the Gallatin
County Clerk and Recorder prior to the sale of any land with the NOYES ANNEXATION. The
Noyes Annexation Agreement 11
parties further agree that the City may file these documents at any time.
14. 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.
15. 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.
16. 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.
17. 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.
18. Modifications or Alterations
Noyes Annexation Agreement 12
No modifications or amendment of this Agreement shall be valid unless evidenced by
a writing signed by the parties hereto.
19. No Assignment
It is expressly agreed that Landowner shall not assign this Agreement in whole or in
part without prior written consent of the City.
20. 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.
21. Covenants to Run with the Land
The parties intend that the terms of this Agreement shall benefit the NOYES
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.
Noyes Annexation Agreement 13
DATED this:�c day of , 2017.
LANDOWNER
David W. Noyes
STATE OF MONTANA )
:ss
COUNTY OFG AtaA " )
On this )-b" day of 2017, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared David W. Noyes 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)
ROt3ERT LEST F.R BARROWS (Printe lame Here)
N�sTEq�e9 NUTARY PUBLIC for the Notary Public for the State of M
• p7AH
State i Montana Residing at �zwvs�n
& SEAL :� Residing at g
Bozeman,Montana
My Commission Expires: /z5laoao
'F ;,dd� • MY Commission Expires
- January 25,2020 (Use 4 digits for expiration year)
Noyes Annexation Agreement 14
DATED this day of , 2017.
LANDOWNER
LyYU H. Noyes
STATE OF MONTANA )
:ss
COUNTY OF o) \+\ )
On this �-C!S day of 5e=pkevAbe(- , 2017, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared Lynn H., Noyes 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)
- k$1CR-•,, ROBERT I ESTER BARROWS (Printed Name Here)
; NOTARY PUBLIC for the "(
^"'�< ?p: Notary Public for the State of M
0 o= State of Montana
°. SEA'L�• Residing at Residing at' tj2-�w�o.r1
;Q 13,>zeman,Montana
My Commission Expires:i/�-5/,20J-p
' My Commission Expires
January 25,2020 (Use 4 digits for expiration year)
Noyes Annexation Agreement 15
DATED this day of f (�6Eli. , 2017.
CITY OF BOZEMAN
1
Dennis Taylor
Interim City Manager
>.>
ATTEST: `'OF B 0">'-'
•
Robin Crough ••y } - ��
• �. .,
C_].v.rk of ti-,n ('i1-y('.,
C®.���
STATE OF MONTANA )
:ss
COUNTY OFG-kUgj N )
On this 104L` day of 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
as City Manager and C'- -``'�� r-;*., r•,>„.,�,;ss; ,„ respectively, of the City of Bozeman, whose
trk--,.
GYft,, 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. �11
SEAL ��d�Stif3�,��
",ftv BRENDA SWjEe
(Printed Name Here)
t,�r JWFicy Notary Pub
f; Notary Public for the State of t`'`T
,�'.•:�,�inRr���_for the State of Y* Residing Residing at
�:I:AL.e= Bozeman, MoMyCommission Expires: 0 7
P=`'.;or•�`, Mt CommissionM,,�„`„ December02 (Use 4 digits for expiration year)
Noyes Annexation Agreement 16
EXHIBIT"A"
WAIVER OF RIGHT-TO-PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICT
FOR A CITY-WIDE PARK MAINTENANCE DISTRICT
NOYES ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State
of Montana,and more particularly described as follows:
The property is located at 1200 Bridger Drive. The property is further described as:
A tract of land in the Southwest Quarter of Section 32,Township 1 South,
Range 6 East, M.P.M., Gallatin County, Montana,and being more particularly
described by the following metes and bounds, to-wit: Beginning at a point
which bears North 1°39'West a distance of 677.79 feet and North 89°55'
East a distance of 230.45 feet from the southwest corner of Section 32,
Township 1 South, Range 6 East; thence from said point of beginning and
bearing North 0°05'West a distance of 212.03 feet to the south right of way
of the Bridger Canyon Road as now laid out and constructed; thence North
89°55' East,along said right of way a distance of 173.05 feet; thence South
0°05' East a distance of 212.03 feet; thence South 89°55'West a distance of
173.05 feet to the point of beginning, containing 0.84 acres, more or less.
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
Noyes Annexation Agreement 17
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.
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.
DATED this Sday of � 'Ok C , 2017.
LANDOWNER
David W. Noyes
STATE OF MONTANA )
:ss
COUNTY OF G l aA�n )
On this i) day of 'nep-�-mbQ r` , 2017, before me, the undersigned, a Notary
Public for the State of Montana,personally appeared David W. Noyes 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
ROBERT LESTER BARROWS (printed Na e Here)
;' sTERe- NOTARY PUBLIC for the
State of Montana Notary Public for the State of AA
SEAL :y Residing at Residing at t)�Ze Yv\Ck n
„ . Q Bozeman,Montana
,. lily Commission Expires My Commission Expires: laS/�o2 a
_ January 25,2020 (Use 4 digits for expiration year)
Noyes Annexation Agreement 18
DATED this &day of 16z-y"— , 2017.
LANDOWNER
Ly H. Noyes
STATE OF MONTANA )
` 1�� :ss
COUNTY OF (�yc�l`Li n )
On this ab5 "' day of �er�k�,�nher , 2017, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared Lynn H.. Noyes 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)
,,. gT.... ROBERT LESTER BARROWS (Printed Name Here)
_•��„5 +a NOTARY PUBLIC for the
?'o= State of Montana Notary Public for the State of
ow; SEAL Residing at Residing at � f 1
y•, e s ?::zaman,Montana ;
My Commission Expires My Commission Expires:
--- January 25,2020 (Use 4 digits for expiration year)
Noyes Annexation Agreement 19
EXHIBIT"B"
WAIVER OF RIGHT TO PROTEST CREATION OF
SPECIAL IMPROVEMENT DISTRICTS FOR STREET IMPROVEMENTS STORY MILL ROAD
NOYES ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State
of Montana, and more particularly described as follows:
The property is located at 1200 Bridger Drive. The property is further described as:
A tract of land in the Southwest Quarter of Section 32,Township 1 South,
Range 6 East, M.P.M., Gallatin County, Montana,and being more particularly
described by the following metes and bounds,to-wit: Beginning at a point
which bears North 1°39'West a distance of 677.79 feet and North 89°55'
East a distance of 230.45 feet from the southwest corner of Section 32,
Township 1 South, Range 6 East; thence from said point of beginning and
bearing North 0'05'West a distance of 212.03 feet to the south right of way
of the Bridger Canyon Road as now laid out and constructed;thence North
89°55' East,along said right of way a distance of 173.05 feet; thence South
0'05' East a distance of 212.03 feet; thence South 89°55' West a distance of
173.05 feet to the point of beginning,containing 0.84 acres, more or less.
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 Story Mill 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 Story Mill Road, or to make any
Noyes Annexation Agreement 20
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 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.
Noyes Annexation Agreement 21
DATED this o� day of 7 , 2017.
LANDOWNER
David W. Noyes '
STATE OF MONTANA )
:ss
COUNTY OF G akl �n )
On this Imo` day of �kew�bes` , 2017, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared David W. Noyes 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) -
'-\ ROBERT LESTER BARROWS (Printed Name Here)
:•� sTEkQ NOTARY PUBLIC for the
NotaryPublic for the State of M T
�• " `" ••'p - State of Montana
SEAL. Residing at Residing at ?yzQ vm ckn
; Bozeman,Montana My Commission Expires: �16
My Commission Expires
January 25,2020 (Use 4 digits for expiration year)
Noyes Annexation Agreement 22
DATED this Zday of
LANDOWNER
AM2� 14,
Lyr6hl. Noyes
STATE OF MONTANA )
:ss
COUNTY OF )
On this day of A..�eY'\her , 2017, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared Lynn H.. Noyes 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)
ROBERT LESTER 13ARROWS (Printed Name Here)
ti Hos�Kep:: NOTARY PUBLIC for the Notary Public for the State of M
r
a,. o atate of Montana
�: SEAL Nesiding at Residing at
7 i oa!man,Montana My Commission Expires: I /:z 5/a6d-0
My commission Expires
- January 25,2020 (Use 4 digits for expiration year)
Noyes Annexation Agreement 23
EXHIBIT"C"
WAIVER OF RIGHT TO PROTEST CREATION OF
SPECIAL IMPROVEMENT DISTRICTS FOR STREET IMPROVEMENTS TO BRIDGER
DRIVE
NOYES ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State
of Montana,and more particularly described as follows:
The property is located at 1200 Bridger Drive. The property is further described as:
A tract of land in the Southwest Quarter of Section 32,Township 1 South,
Range 6 East, M.P.M., Gallatin County, Montana,and being more particularly
described by the following metes and bounds,to-wit: Beginning at a point
which bears North 1°39'West a distance of 677.79 feet and North 89°55'
East a distance of 230.45 feet from the southwest corner of Section 32,
Township 1 South, Range 6 East; thence from said point of beginning and
bearing North 0°05'West a distance of 212.03 feet to the south right of way
of the Bridger Canyon Road as now laid out and constructed; thence North
89°55' East,along said right of way a distance of 173.05 feet; thence South
0°05' East a distance of 212.03 feet; thence South 89°55'West a distance of
173.05 feet to the point of beginning,containing 0.84 acres, more or less.
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 Bridger Drive 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 Bridger Drive, or to make any
written protest against the size or area or creation of the district be assessed in response to
Noyes Annexation Agreement 24
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.
Noyes Annexation Agreement 25
DATED this o2 day of S e % , 2017.
LANDOWNER
David W. Noyes
STATE OF MONTANA )
:ss
COUNTY OF &cA"A� )
On this Z�'k�^ day of � 2017, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared David W. Noyes 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. i
(SEALI
RQMFT LESTER<3ARRt7iYS (Printed Name Here)
;,���sTEkeq NOTARY PUBLIC for the
State of Montana Notary Public for the State of MT
SEAL Residing at Residing at &Z_e__Mc-' l
%�•, ;;: Rozeman,Montana
My commission Expires My Commission Expires: k /25/2t�
January 25,2020 (Use 4 digits for expiration year)
Noyes Annexation Agreement 26
DATED this -�'f day of �� / e �� , 2017.
LANDOWNER
Ly H. Noyes
STATE OF MONTANA )
:ss
COUNTY OF GeA\ak\n )
On this 0-8kA'` day of 2017, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared Lynn H.. Noyes 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)
ROBERTLESTER BARROWS (Printed Name Here)
NOTARY PUBLIC for the Notary Public for the State of
CD o- Stale of Montana
Residing at Residing at 'AZ�yviCtiYl
to?eman,Montana My Commission Expires: 1 (�5/ U
;,iy,i�,•.•` My Commission Expires
January 25,2020 (Use 4 digits for expiration year)
Noyes Annexation Agreement 27
EXHIBIT"D"
WAIVER OF RIGHT TO PROTEST CREATION OF
SPECIAL IMPROVEMENT DISTRICTS FOR INTERSECTION IMPROVEMENTS TO STORY
MILL ROAD AND BRIDGER DRIVE
NOYES ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State
of Montana, and more particularly described as follows:
The property is located at 1200 Bridger Drive. The property is further described as:
A tract of land in the Southwest Quarter of Section 32,Township 1 South,
Range 6 East, M.P.M., Gallatin County, Montana,and being more particularly
described by the following metes and bounds,to-wit: Beginning at a point
which bears North 1°39'West a distance of 677.79 feet and North 89°55'
East a distance of 230.45 feet from the southwest corner of Section 32,
Township 1 South, Range 6 East; thence from said point of beginning and
bearing North 0'05'West a distance of 212.03 feet to the south right of way
of the Bridger Canyon Road as now laid out and constructed; thence North
89°55' East, along said right of way a distance of 173.05 feet; thence South
0'05' East a distance of 212.03 feet; thence South 89°55'West a distance of
173.05 feet to the point of beginning, containing 0.84 acres, more or less.
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 Story Mill Road and Bridger Drive to serve
Noyes Annexation Agreement 28
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.
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.
Noyes Annexation Agreement 29
DATED this '�g day of S &3'L� ,2017.
LANDOWNER
D vid W. Noyes
STATE OF MONTANA )
:ss
COUNTY OF
On this �� day of 5e-p�-P--wobQ-c` , 2017, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared David W. Noyes 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
ROBERT LESTER BARR01ViS
.�'•E!iTEk (Printed Name Here)
t� eq''•., NOTARY PUBLIC for the
State of Montana Notary Public for the State of i� 1
SEAL Residing at Residing atDZee.Y\
Bozeman,Montana /L5/z0�0
;,," P•` My commission Expires My Commission Expires: ,,
January 25,2020 1 (Use 4 digits for expiration year)
Noyes Annexation Agreement 30
DATED this 6l day of .S 6n' , 2017.
LANDOWNER
Ly H. Noyes
STATE OF MONTANA )
:ss
COUNTY OF
On this f day of �.';t , 2017, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared Lynn H.. Noyes 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)
RQBERT LESTER BARROWS (Printed ame Here)
�`Fr'T` eq NOTARY PUBLIC for the
Notary Public for the State of �^
State of Montana -
(; c; SEP L Residing at Residing at
Bozeman,Montana ;
MY Commission Expires My Commission Expires: /�2c�c�
January 25,2020 (Use 4 digits for expiration year)
Noyes Annexation Agreement 31
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