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HomeMy WebLinkAbout86- Aaker; Ralph & Steven; MSU "11'. , T I ~ , t .. ., filM 122 PACE 2029 AGREEMENT THIS AGREEMENT made and entered into this ~ day ~ of , 1986, by and between The City of Bozeman, a municipal corporation with offices at 411 East Main, Bozeman, MT 59771-0640, hereinafter referred to as "City" and Ralph K. Aaker and Steven R. Aaker of ~~ ('e ~Lv and Montana State University, a unit of the Montana State University system. WHEREAS, Ralph K. Aaker and Steven R. Aaker are owners in fee of certain real property situated in Gallatin County, Montana, and more particularly described as follows: A tract of land located in the Southeast 1/4, Section 14, Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana, and being more particularly described as follows: Beginning at the East quarter corner of said Section 14: thence West, along the east-west quarter line, a distance of 59.69 feet to the true point of beginning: and being on the westerly right-of-way of South 19th Avenue: Thence South 00038'57" West along said right-of-way, a distance of 139.67 feet: Thence South 00031'57" West along said right-of-way, a distance of 497.25 feet: Thence West, a distance of 520.51 feet; Thence North 00009'16" East, a distance of 336.89 feet: Thence East, a distance of 142.81 feet: Thence through a curve to the left, having a central angle of 90000'00", and a radius of 300.00 feet, an arc length of 471.24 feet to a point on the east-west quarter line: Thence East, along the east-west quarter line, a distance of 83.00 feet to the true point of beginning and containing 5.038 acres. The above-described tract is depicted on Certificate of Survey No. 1328 on file and of record in the office of the Gallatin County Clerk and Recorder. WHEREAS, Montana State University is the owner in fee of certain real property situated in Gallatin County, Montana, and more particularly described as follows: A tract of land located in the Southeast 1/4, Section 14, Township 2 South, Range 5 East, Principal Meridian Montana., Gallatin County, Montana, and being more par~icularly described as follows: ~ . , J , , ... , " , I filM 122PACf2030 Beginning at the East quarter corner of said Section 14: Thence West along the east-west quarter line, a distance of 142.69 feet to the true point of beginning: Thence through a curve to the right having a central angle of 90000'00", a radius of 300.00 feet, and an arc length of 471.24 feet: Thence West, a distance of 142.81 feet; Thence North 00009'16" East, a distance of 300.00 feet to a point on the east-west quarter line: Thence East along the east-west quarter line, a distance of 442.00 feet to the true point of beginning, and contaj.ning 2.604 acres. The above-described tract is depicted on Certificate of Survey No. 1245A on file and of record in the office of the Gallatin County Clerk and Recorder. WHEREAS, Montana State University is joining this annexation in response to a request by Ralph K. Aaker, Steven R. Aaker and the City of Bozeman so that the addition to the City of Bozeman will not leave an unannexed gap between annexed portions: and WHEREAS, all parties recognize that the annexation of the described property pursuant to Section 7-2-4301, et seq., M.C.A., will entitle the described property to City services, including municipal water and sewer service: and WHEREAS, the City of Bozeman represents that the development of the described property will impact South 19th Street and will require additional public streets for circulation: and WHEREAS, the City of Bozeman represents that the City's present water supply is insufficient to enable it to supply reasonably adequate water service to additional customers outside the present city boundaries: and WHEREAS, in order to annex the described property, the City requires certain water rights be conveyed or some equivalent action be taken to enable it to provide water and sewer service to the propery: and WHEREAS, the City of Bozeman believes that this agreement will provide for the most satisfactory and dependable water supply or service available to furnish water and provide traffic circulation for development within the described property: and -2- ) . I J , t \ \ ',I t filM 122PAG[2031 WHEREAS, the City of Bozeman believes that the making and performance of this agreement promotes the development of an adequate water supply and traffic circulation pattern for the City as it now exists and as it is reasonably expected to enlarge: and WHEREAS, the City of Bozeman asserts that the securing of an adequate water supply and traffic system by the City is necessary and of mutual advantage to the parties hereto. WIT N E SSE T H: IN CONSIDERATION of the mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. Establishment of Annexation Boundary. Ralph K. Aaker and Steven R. Aaker will cause to be prepared and filed for record one or more certifi- cates of survey and/or subdivision plats, which will establish the external boundary lines for both parcels of property to be annexed as described above. 2. Annexation. The City Commission will annex the described property in accordance with their decision on December 10, 1984, once the external boundary lines have been established. 3. Services Provided by City. Pursuant to Section 7-2-4305(2), M.C.A., and Commission Resolution No. 2533, the City will, after annexation, provide City services, including water and sewer, to the property. 4. Municipal Water Service Defined. The term "municipal water service" as is used in this agreement shall be the service which is supplied -3- , , ( . / -\ filM 122 PACE 2032 by the City in accordance with Chapter 13.12, Bozeman Municipal Code, as well as any other terms and conditions which apply to the City's provision of this service. The term does not contemplate the extension of lines or construction of necessary improvements for delivery of water to and within the property or any hook-up, connection, or development charges which 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 13.24, Bozeman Municipal Code, as well as any other terms and condi- tions which apply to the City's provision of this service. The term does not contemplate the extension of lines or construction of necessary improvements for collection of sewage at and within the property or any hook-up, connection, or development charges which may be established by the City. 6. Water Rights. The parties acknowledge the following City policy: Prior to annexation of property, it shall be the policy of the City of Bozeman to acquire usable water rights, or an appropriate fee in lieu thereof, equal to the average annual diversion requirement necessary to provide the anticipated average annual consumption of water by residents and/or users of the property when fully developed on the basis of the zoning designation{s). The fee may be used to acquire water rights or for improvements to the water system which wouJ.d create additional water supply capacity. This policy is subject to the following exceptions: a. For any annexation in excess of ten (10) acres, it shall be carried out prior to final plat approval, final site plan approval or the issuance of any building permit. b. For any annexation or portion thereof pro- posed for use as a church as that term is defined in the Bozeman zoning ordinance, the R-1, Residential--Single-Family, Low-Density, District shall be used in place of the property's zoning designation for calculating the water requirement. If the use changes -4- fiLM 122 PACE 2033 I) I l. , from a church at any time in the future, the owner of the property at the time of the change shall supply any additional wat-.er rights or fee which might be due, based on the actual zoning designation at the time of the change. Section 2, No.5, Commission Resolution 2532. The property consists of a 5.038 acre tract owned by Ralph K. Aaker and Steven R. Aaker which has been ProlXlsed for development as a church and a 2.604 acre tract owned by Montana State University \'l7hich is being annexed at the request of Ralph K. Aaker and Steven R. Aaker to insure compliance with Commission Resolution 2.532. For the purposes of the calculation of water rights, the 5.038 acre tract shall be considered for use as a church as de- fined in the Bozeman Zoning Ordinance, and in accordance with City policy, the "R-l" (Residential--Single Family, Low Density) District shall be used in place of tl1e property's zoning designation. As the 2.604 acre tract owned by Montana StBte Uni versi ty is being annexed to allow the annexation of the Ac"'1kers property and the development of the Aakers property for use as a church, in accordance with City lXllicy, the "R-l" (Residential--Single Family, Low Density) Dist.rict shall be used in place of the propertyls zoning designation for the purposes of the calculation of water rights. The parties agree that 13.14 acre feet per year is a reasonable and adequate water supply for the two parcels. Ralph K. Aaker and Steven R. Aaker understand and agree that if the use of the 5.038 acre tract changes from that of a church at any tjme, they shall supply any additional water rights or fee which might be due, based on the actual zoning designation at the time of the change. Montana State Univer- sity understands and agrees that if the use of the 2.604 acre tract changes fran the existing use as a buffer strip or from other permitted uses in tl1e "AS" (Agricultural Suburban) District., they shall supply any additional water rights or fee which might be due, based on the actual zoning designation at the ti.Jre of the change. 7. Cash in Lieu of Water Rights In accordance with city policy and th uses identifieCl in Section 6, water rights in the amount of 8.66 acre feet per year are required for the -5- ., I " ' fiLM 122 PACf2034 anne.xation of the Aakers tract and water rights in the arrount of 4.48 acre feet per year are required for the anne.."{ation of the Montana State Universitv tract. Ralph K. Aaker and Steven R. Aaker and HontaM State University have tendered the amount of Four Thousand Five Hundred Ninety-one and 85/100 Ibllars ($4,591.85) to the City, receipt of which is hereby acknowledge, in lieu of conveying water rights in the amount of 13 .14 acre-feet per year to the City. The parties agree that the dollar arrount is a reasonable and ap- propriate amount in lieu of the actual water rights and has been calculated on the basis of the average annual diversion requirement necessary to provide water for the proposed uses of the property as set forth in Section 6. -5 a- 'J (\" II l , \or-- ~ I t \ J J! , 1l 1., filM 122PACE2035 on the basis of the proposed use of the property as a church. 8. South 19th Avenue. Ralph K. Aaker and Steven R. Aaker and Montana State University have executed respective Waivers of Right to Protest Creation of Special Improvement Districts for improvements to South 19th Avenue as said districts may apply to the specific parcels of land being annexed through this document, a copy of which is attached hereto as Exhibits A and B and made a part hereof. 9. Remington Way. Ralph K. Aaker and Steven R. Aaker have executed a Public Street Easement and a Waiver of Right to Protest Creation of Special Improvement Districts for Improve- ments to the extension of Remington Way, attached hereto as Exhibit C and D respectively. 10. Lincoln Road. Montana State University agrees to execute a Public Street Easement or dedicate a public street by way of subdivision plat extending Lincoln Road to be located west of 19th Street so as to abut the northern boundary of the described property, thirty (30) feet ,vide on each side of the following centerline: Beginning at the east quarter corner of Section 14, Township 2 South, Range 5 East, Principal Meridian Montana: thence west, along the east/west quarter line a distance of 59.69 feet: thence north 01051'02" east along the westerly right-of-way of South 19th Avenue, a distance of 30.00 feet to the true point of beginning: thence west, parallel to the east/west quarter line of said Section 4, a distance of 1112.46 feet. Montana State University shall permit the es- tablishment of this westerly extension of Lincoln Road -6- i I ". ..-. I , . l 1. Ii" "',: fiLM 122PACE2036 at such time as the Marsh Laboratory is relocated: or the Marsh Laboratory Building ceases to be used for existing or comparable laboratory purposes and the present academic research and agricultural focus of land use of the S 1/2 NE 1/4 of Section 14 is changed to a significantly different use. Montana State University shall, within one (1) year from the time either option becomes effective, modify the existing building sufficiently to allow for appropriate setbacks from the street easement. Montana State University further agrees to execute a Waiver of Right to Protest Creation of Special Improvement Districts for improvements to said westerly extension of Lincoln Road at that time when a public street easement is executed or a public street is dedicated. This waiver shall be limited to the costs for the City's administration, engineering, inspection and construction for constructing the extension (including curbs, gutters and sidewalks) to local street standards. 11. Additional Terms for Easements and Waivers. In addition to executing any easement, Ralph K. Aaker, Steven R. Aaker and Montana State University shall dedicate all public streets on future final subdivision plat(s) for these specific parcels of property. 12. Utility Easement. Ralph K. Aaker, Steven R. Aaker and Montana State University understand and agree that utility easements, 30 feet in width, will be necessary for the installa- tion and maintenance of water and sewer utility ser- vices to the annexed parcels. Ralph K. Aaker, Steven R. Aaker and Montana State University shall create such -7- vt ! -# II' l , '-" \ , j .I. , ,', filM 122 PACE2037 easements in locations agreeable to the City during the subdivision procedure or planned unit development procedure but in no event later than the filing of any final plat or site plan for each specific parcel of the described properties. 13. Governing Law. This agreement shall be construed according to the laws of the State of Montana. 14. Modifications or Alterations. No modification or amendment of this agreement shall be valid unless evidenced by a writing signed by the parties hereto. 15. No Assignment. It is expressly agreed that Ralph K. Aaker, Steven R. Aaker and Montana State University shall not assign this agreement in whole or in part without prior written consent of the City. 16. Successors. Except as provided in paragraph 14, 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. 17. Covenants to Run with the Land. The parties intend that the terms of this agreement shall be covenants running with the land and shall not expire at their deaths or upon a transfer of ownership. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. -8- - . ~ ./ ~ "I' t r4..A ,I , "",. I l ,. . ,', \ fiLM 122 PACf2038 CITY OF BOZEMAN .,,J ",j\) . ,,,. I, I \: " By "'\;, (\..\....\. ( Its C~ty Manager Attest: ..~/,:... '/ j.:" i,*,"( v.. 'f I.{ . / .. " ,.!":, <':(' ,:'k ~,i :. - . J., ' ".\' ....':1" (~I. .! . .. ..... Cl~rk ofi'the:.....Cit'Y Commission , '.. '., ~. ,'" '~>",:',.' ....,:~'-',: ';" ..~ II- . ;~ -' ~: t' ;.> ~> , .' \. \ LANDOWNERS ~... ....y '~'D..~' " Steven R. Aaker \~2-~'\ MONTANA STATE UNIVERSITY Attest: ~~ STATE OF --MONTANA ) ss. County of ~allJtin ) On th~~ day of \)~ , 1986, before me, a Notary Public for the State of Montnnfi, ~&..o personally appeared Ralph K. Aaker and Steven R. Aaker, known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, affixed my official seal written. ,-,~..\\~'\\'~':~:I!,I ~'..'.' ". ,~~, ."" I "\ . . " '.\ "or}," ....:. '''', "'" ""'.....1"4 'J r''o '.... .'~' ~ ,,,.,. ',~~. "-;:'" 1;,., . .....> . . . .:. ""...... ,,' , '"Il!. " ,...1 .:-. ~ ....10'"': '":"1 ,;...,-.~. .1'......\ - ~ -) . ,,' '" . - - :: : N=~""...al .~al) ':: . . --.."" . ( ,... t^ -.. P U 8 ,.'.. \Gi r:r.: .'. "'.,A .. . w .."~: -. ~ "'''. ',i '. ft".,t~ :f i"'.. ,:,..- ,,~ - ..' ~ ;:. ... ,....... 0. '" . ,'tt' . . . o!=' CO\; ."", 'f II , I fe' It' \ ~,\, \ ~ I have hereunto set my hand and the day and year first above G.f?~ ry Public for State of MontiiHla ~ 'din~ a~ Bozc:m~nr Mont!lna ~ ~Qlo CommlSSlon eXplres jd..- /3-,81 / -9- 'f. It I' :f I I · ... ;1.,' ,.-. ',' l... ~ f~ 1 fiLM 122PACE2039 STATE OF MONTANA ss. County of Gallatin On this 7. 1 rei day of rk>,..."'mo",~ ' 1986, before me, a Notary Public for the State ot Montana, personally appeared William J. Tietz , known to me to be the President of Montana State University, whose name is subscribed to the within instrument and acknowledged to me that he executed the same for and on behalf of said University. IN vHTNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. \.,."tftfIrH" "I " f"!. "'1 ,'<.~\ 1.:. ~ ."":!( /r,t/'I'",,, . ~.,\ .,t, . !O', ,", . . ""\! I ". . '::. .~~:',.~~ :{t'~;t leal) ": ~;t1:"-B'! ~ J' ",7" ".,';::;,~:~/ , I ~ rr D' ,.,,' I. ~.A'''''~~''1:~hk--PJ/ Notary Pub11c .or State of Montana Residing at Bozeman, Montana My Commission expires: Dec. 27, 1987 STATE OF MONTANA ss. County of Gallatin d. 7~y of n tJ^ 'L , 1986, before me, a Notary Public for t'~tana, personally appeared James E. Wysocki and Robin L. Sullivan, known to me to be the City Manager and Clerk of the City Commission respectively, of the City of Bozeman, whose names are subscribed to the within instrument and acknowledged to me that they executed the same for and on behalf of said City. On this IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first bove wri tt.en. Notary Public for State of Montana Residing at Bozeman, Montana My Commission expires: '-~f-8V \\\\I'"tt,., "',\' 1: I ill' "-;. ~ · t~ L!TI I", ~'<" ..,...... "'-" '" ",.-....J .". .... 4- ;'1', : ~~~<~~6~J.r~i~~~al) ;; ; - ~ ~.+.- :. ;:; -: -:. 1 "::,, '~~" ~.. J., II : ~ _ . ,..... w: .!,.u,a . ~ . ~t:.J.J\ ...... .....,:.. i', ""."'., 'II .,;.. "","" "." _",... 't' .,..-- ',~, ,.. ..,.......... 1l'\'\. ,tift. "'"..'n r t~ () ~I"'" , " l j 'j' . 1 '~ ~ I I '! 242580 ~- ..... \.' >- .. "" \~". :;.1i'Pi'? \ :--'il~\. ~~,~ - State 01 1Iottt., County of IIftllll. II F~ .. rICOfd A p r ill 0 ,19 9 2 - ;t 8: 45 A. M., au rlC..Jraetlln Bmi'k l1..L_ ~ISCELLANE~S Dalo 2021 r~~.It." .,Af. (!~ 1tIc:enIer. ., 1',/tU/J/ }///UM .~ Dll!luty Fee: $114.00 Rt: City of Bozeman -10- f . "'" . , j 1 " j , . PUBLIC STREET EASEMFNT fllM 122 PACE2025 REMINGTON WAY Ralph K. Aaker and Steven R. Aaker of Bozeman, Montana, GRANTORS, in consideration of receiving annexation to the City of Bozeman along with accompanying rights and privileges and for other and valuable consideration, receipt of which is acknowledged, grant to The City of Bozeman, a municipal corporation of the State of Montana, with offices at 411 East Main, Bozeman, Montana 59771-0640, GRANTEE, for the public use, a perpetual street easement for the use of the public, in, through, and across a strip of land situated in Gallatin County, Montana, thirty (30) feet wide on each side of the centerline to be located on the following described property: A tract of land located in the Southeast 1/4, Section 14, Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana, and being more particularly described as follows: Beginning at the Fast quarter corner of said Section 14: thence West, along the east-west quarter line, a distance of 59.69 feet to the true point of beginning: and being on the westerly right-of-way of South 19th Avenue: Thence South 00038'57" West along said right-of-way, a distance of 139.67 feet: Thence South 00031'57" West along said right-of-way, a distapce of 497.25 feet: Thence West, a distance of 520.51 feet: Thence North OQo09'16" East, a distance of 336.89 feet: Thence East, a distance of 142.81 feet: Thence through a curve to the left, having a central angle of 90000'00", and a radius of 300.00 feet, an arc length of 471.24 feet to a point on the east-west quarter line: Thence East, along the east-west quarter line, a distance of 83.00 feet to the true point of beginning and containing 5.038 acres. The above-described tract is depicted on Certificate of Survey No. 1328 on file and of record in the office of the Gallatin County Clerk and Recorder. The centerline is more particularly described as follows: Beginning at the east quarter corner of Section 14, Township 2 South, Range 5 East, Principal Meridian Montana, thence South 89051'20" West along the east/west quarter line a distance of 59.69 feet: thence South 00038'57" West along the westerly right-of-way of South 19th Avenue a distance of 139.67 feet: thence South 00031'57" EXHIBIT C I, \' ( r. t oct. ; r J .. 't J . . filM 122PACf2026 West along said right-of-way a distance of 467.25 feet to the true point of beginning: thence South 89041'55" West a distance of 524.44 feet: thence on a curve to the left, having a central angle of 45000'00", and a radius of 150.00 feet, an arc distance of 117.81 feet: thence South 45000'00" West a distance of 94.29 feet. The GRANTORS warrant t.hat they are lawfully seized and possessed of the real property described above, that they have a lawful right to convey the property, or any part of it, and that they will forever defend the title to this property against the claims of all persons. The GRANTORS further agree that the GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any int.erruption by the GRANTORS. The terms, covenants and provisions of this easement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto. DATED this .>.~ day of g~ , 1986. GRANTORS ___--.7 . /1" ////, ~ :{ I //A 7h?A^;k~ . ,/~~ (U> . \) ... , 'c_ .. ..... .' . (. . '. .~~ \ ",&. --, ,. ~,," \\ \\ \~' ) ~. Steven R. Aaker ~L, STATE OF MONTANA) ss. County of Gallatill ) ~~~ On the 3--..& day of ~~ , 1986, before me, a Notary Public for the State of Montana, ~ personally appeared Ralph K. Aaker and Steven R. Aaker, known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. ,''''' I' ',i'lr t'tr;1 '-"I .... . ~t,S/{V "'" ~" ~III ..".'........ ~~/~~ ~. ,.~.~~. .....;.'.....~y\ ~~ ..... I .. ~ 'J' ~ ~ ~, ~. ...,0.. ." I....... . :. . ~. "...1 t . . .-,i ~ j..:,,:: t. ;, ..p"u': ~\:)\J !~t:) f ~ ,1\ .., pI&- ~ ..: v',,", e", .."~\ "" ~.~, ~~ -.'. ..- ~"<..- <'. "". illl. . ........... ... ~ .,' '.f:' 0"" ,'" . .: OF C \\"", . i'i",.; lj.j tt.""\\\ ~ ~. ary Public for State of Mont2n:J. ~ idin<.? a~ :Bo:zem~n, Pllont~n~~. ~ Comnl1Ss.1on expl.res: I;;:) - (3 -<61 -2- ,.. ( I ... ,,. t t ..~ ,j .- .. 1 III nt.H t22t4tt2021 WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR UIPROVEMENTS TO SOUTH 19TH AVENUE We, the undersigned, owners of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: A tract of land located in the Southeast 1/4, Section 14, Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana, and being more particularly described as fol1ov.7s: Beginning at the East quarter corner of said Section 14: thence West, along the east-west quarter line, a distance of 59.69 feet to the true point of beginning: and being on the westerly right-of-way of South 19th Avenue: Thence South 00038'57" West along said right-of-way, a distance of 139.67 feet: Thence South 00031'57" West along said right-of-way, a distance of 497.25 feet: Thence West, a distance of 520.51 feet: Thence North 00009'16" East, a distance of 336.89 feet: Thence East, a distance of 142.81 feet: Thence through a curve to the left, having a central angle of 90000'00", and a radius of 300.00 feet, an arc length of 471.24 feet to a point on the east-west quarter line: Thence East, along the east-west quarter line, a distance of 83.00 feet to the true point of beginning and containing 5.038 acres. The above-described tract is depicted on Certificate of Survey No. 1328 on file and of record in the office of the Gallatin County Clerk and Recorder. IN CONSIDERATION of receiving annexation to the City of Bozeman along with the accompanying rights and privileges and for other valuable consideration, the receipt of which is herehy acknowledged, and in recognition of the impact to South 19th Avenue which will be caused by the development of the above-described property, have waived and do hereby for ourselves, our heirs, executors, administrators, personal representatives, successors and assigns, waive the right to protest the creation of one or more special improvement district_s for improvements to South 19th Avenue or to make any written protest against the proposed work or against the extent or creation of the district to be assessed in EXHIBIT A I "'. (" ~<I. . ~ . ,,. . .. " fiLM 122PAtE2022 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 shall be a covenant running with the land and shall not expire at our deaths. We warrant that we are lawfully seized and possessed of the real property described above and that we have a lawful right to convey the property or any part of it. The terms, covenants and provisions of this waiver shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. ~J. day of ca~~ , 1986. DATED this r\..</ '.'j\~~~~, \~: \<\",,~:')..~\\-\. Steven R. Aaker ~&-o STATE OF PIfONTANA) 55. County of ball~ti~ ) -8~ On this ~ day of '-D~ , 1986, before me, a Notary Public for the State of Montana,~ personally appeared Ralph K. Aaker and Steven R. Aaker, known to me to be the persons whose names are subscribed to the \vithin instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, affixed my official seal w~i t"G'~,n. . -\ t l:' "1 , 1"0.\,.1 IJ . "" " - oC6tl-. J> . ... . \'....... . (p'.~,.. ' ..... ' " <,...:. , ~ ",. / -.' t' "", ~\t. ..;:!:' "III. ,. ' -.. ,,~. ~ f;.....~. :./ "\\fNlr~. ftl. ~. .:J.:f'.... .' S.eal) ,... ;,1 . ",....-.. .:" ~T__' - . . . ,.., ~'.Q =. 'f!' ". P U 0 l- \ ,l~"': :,,': "~(...., C'> ... . ~',/ , I:" .....~.,.,~. ,\.: ,f "':0 pi. ....n" . ~''''.. ., ,.. """" "" < l~1i,,;'....t.n.\\' I have hereunto set my hand and the day and year first above ~G.Q~ No . ry Public for State of Montana ~ Residing at 13o:leman, Montan.:1t:)o...Q.&..o-.. ~ My Commission expires: /;)-fJ-yr 1 -2- , """ f . l " t _. r ',. "" ~ fiLM 122 PACf2023 WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR IMPROVEMENTS TO SOUTH 19TH AVENUE The undersigned, as owner of the specific parcel of real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: A tract of land located in the Southeast 1/4, Section 14, Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana, and being more particularly described as follows: Beginning at the East quarter corner of said Section 14: Thence West along the east-west quarter line, a distance of 142.69 feet to the true point of beginning: Thence through a curve to the right having a central angle of 90000'00", a radius of 300.00 feet, and an arc length of 471.24 feet: Thence West, a distance of 142.81 feet: Thence North 00009'16" East, a distance of 300.00 feet to a point on the east-west quarter line: Thence East along the east-west quarter line, a distance of 442.00 feet to the true point of beginning, and containing 2.604 acres. The above-described tract is depicted on Certificate of Survey No. 1245A on file and of record in the office of the Gallatin County Clerk and Recorder. IN CONSIDERATION of receiving annexation to the City of Bozeman along with the accompanying rights and privileges and in recognition of the potential impact to South 19th Avenue which may be caused by the development of the above- described property, has waived and does hereby for itself, its successors and assigns, waive the right to protest through the creation of one or more special improvement districts for improvements to South 19th Avenue or to make any written protest against the proposed work or against the extent or creation of the district 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. This waiver shall be a covenant running with the above- described land and applies only to that parcel. EXHIBIT B >,,"r ] 11 li.-..... \ .. 'J ... t , . fltH 1-22 PACf2024 This waiver does not prohibit the owner from protesting the creation of any special improvement district as the owner of any other lands which are not subject to this waiver. The undersigned further warrants that it is lawfully seized and possessed of the real property described above and that it has a lawful right to convey the property or any part of it. DATED this ? irn day of December , 1986. MONTANA STATE UNIVERSITY Its By Attest: STATE OF MONTANA ss. County of Gallatin On this 23rd day of December , 1986, before me, a Notary Public for the State of Montana, personally appeared William J. tietz , known to me to be the President of Montana State University, and acknowledged to me that he executed the same. IN ~7ITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (Notarial Seal) \ -; 'i'C',(;"", ~""~tI~.,,". 'C;'~\......; ~ "i'...' . ~ -II ......... -:'/' ~,,~\^t ...... \. .~l ;....~~.. '.. '\. ... ; : .r'~k\.V: . E ,..:> .' ':",,' /~ / .. ,....;._'.j;~. .':..."f ," """ 11.' '.'.'~'~~:d~;,:z;r;:" ./ " .1"A, f."'...,. T' ..- "".f-"il ,f ,0..- ,\i\{\" U~HH.H\~- ~' L. _ ( ~.-/~~/ ~ Notary Public for State of Montana Residing at Bozeman, Montana My Commission expires Dec. 27, 1987 -2- . ,.. t , . I' . "l.. ., \ t ." ( . " " . filM 122 PACE2027 WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR IMPROVEMENTS TO REHINGTON WAY We, the undersigned, owners of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: A tract of land located in the Southeast J/4, Section 14, Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana, and being more particularly described as follows: Beginning at the East quarter corner of said Section 14; thence West, along the east-west quarter line, a distance of 59.69 feet to the true point of beginning: and being on the westerly right-of-way of South 19th Avenue: Thence South 00038'57" West along said right-of-way, a distance of 139.67 feet: Thence South 00031'57" West along said right-of-way, a distance of 497.25 feet: Thence West, a distance of 520.51 feet: Thence North 00009'16" East, a distance of 336.89 feet: Thence East, a distance of 142.81 feet: Thence through a curve to the left, having a central angle of 90000'00", and a radius of 300.00 feet, an arc length of 471.24 feet to a point on the east-west quarter line: Thence East, along the east-west quarter line, a distance of 83.00 feet to the true point of beginning and containing 5.038 acres. The above-described tract is depicted on Certificate of Survey No. 1328 on file and of record in the office of the Gallatin County Clerk and Recorder. IN CONSIDERATION of receiving annexation to the City of Bozeman along with the accompanying rights and privileges and for other valuable consideration, the receipt of which is hereby acknowledged, and in recognition o~ the necessity for the establishment and improvement of Remington Way which will be caused by the development of the above-described property, have waived and do hereby for ourselves, our heirs, executors, administrators, personal representatives, successors and assigns, waive the right to protest through the creation of one or more special improvement districts for improvements to Remington Way or to make any written protest against the proposed work or against the extent or creation of the district to be assessed in response to a EXHIBIT D .... t ... f 'I ~ -.. .. . Jl. ,.. ". I) ,1Ir "'l- .' . - .. . filM 122f~t{2028 duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. This waiver shall be a covenant running with the land and shall not expire at our deaths. We warrant that we are lawfully seized and possessed of the real property described above and that we have a lawful right to convey the property or any part of it. The terms, covenants and provisions of this easement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto. DATED this ~ day of B~ , 1~86. '~:~,~~~, \ ",)". "'. '\;) -.-'., ..,- -=-~ , "- Steven R. Aaker ,. ~' ~~LL~ ~ STATE OF f>lONTAN'A) ss. County of CJllJ~in ) On t~ day of ~ ,1986, before me, a Notary Public for the State of Montana, ~ personally appeared Ralph K. Aaker and Steven R. Aaker, known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~ E. tJ~ Nary Public for State of }1ont;tn.:t ~ Residing at Eozcm.:tn, Montana ~ ~ My Commission expires / J _ (3 -87 J ,; ," \ 11IIIIt,lftl '~Nll>.t,::!.(If4..~_ Seal) ~ 'M~.."""""~~ ", -;.. ..' ,. ..-'" fe, -:, ~~ .~ --.. '" ~ ~.. , . - ~ R ....,~ "..-" .. ,'" . ~ ,{##," ~ : ,,\ 0 I,'. )0';..4 \, ..;.~ ::: ... \ <"; .- ~'.. \ pu7\..\e'~ f ,.;.. ..-/cl::; 3 +"'l. .... .. ~~ ,~. . ,., a.c ---.- ^ .,... , .(" "." ...,....- v .... , t') r- c () \. ,-,,\ : . ~~ ~": . I \' . \ ~ -~-