HomeMy WebLinkAbout86- Aaker; Ralph & Steven; MSU
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AGREEMENT
THIS AGREEMENT made and entered into this ~ day
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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:
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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
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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
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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
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fiLM 122 PACE 2033
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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
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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.
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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
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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
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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.
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fiLM 122 PACf2038
CITY OF BOZEMAN
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By "'\;, (\..\....\. (
Its C~ty Manager
Attest:
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Cl~rk ofi'the:.....Cit'Y Commission
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LANDOWNERS
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Steven R. Aaker
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MONTANA STATE UNIVERSITY
Attest:
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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.
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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 /
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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.
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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
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State 01 1Iottt., County of IIftllll. II F~ .. rICOfd A p r ill 0 ,19 9 2
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r~~.It." .,Af. (!~ 1tIc:enIer. ., 1',/tU/J/ }///UM .~ Dll!luty
Fee: $114.00
Rt: City of Bozeman
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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
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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
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day of
g~
, 1986.
GRANTORS
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Steven R. Aaker
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STATE OF MONTANA)
ss.
County of Gallatill )
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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.
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ary Public for State of Mont2n:J. ~
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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
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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\..</
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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.
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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
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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
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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)
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Notary Public for State of Montana
Residing at Bozeman, Montana
My Commission expires Dec. 27, 1987
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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
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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)
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