HomeMy WebLinkAbout01- Baxter Meadows Annexation Agreement
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BAXTER MEADOWS
ANNEXA TION AGREEMENT
THIS AGREEMENT is made and entered into this 19th day of
October 7001 b
, ~ , y
and between the CITY OF BOZEMAN, a municipal corporation and political subdivision of the State
of Montana, with offices at 411 East Main Street, Bozeman, Montana 59771-0640, hereinafter referred
to as "City", and WBC, LP, 1035 Cerise Road, Billings, MT 59101, hereinafter referred to as
"Landowner" .
WITNESSETH:
WHEREAS, the Landowner is owner in fee of a tract of certain real property, hereinafter
referred to as the BAXTER MEADOWS ANNEXA nON, situated in Gallatin County, Montana, and
more particularly described as follows:
Tracts 1,2,3, and 4 of Certificate of Survey No. 2202, which is on file and of record in the
office of the Clerk and Recorder of Gallatin County, Montana; being shown as a pottion of
the Southwest Quarter and all of the Southeast Quarter of Section 34, Township1 South,
Range 5 East ofP.M.M.; and the Northeast Quarter of Section 3, Township 2 South, Range 5
East of P.M.M., Gallatin County, Montana; all described as follows:
Beginning at the Northeast Corner of said Section 3;
thence southerly 181 degrees 33' 57 ", assumed azimuth from north, 2660.08 feet
along the east line of the Northeast Quarter of said Section 3;
thence westerly 270 degrees, aT 11" azimuth 2636.11 feet along the south line of
said Northeast Quarter;
thence northerly 001 degree 12' 19" azimuth 2640.28 feet along the west line of
said Northeast Quarter;
thence westerly 269 degrees 51' 01" azimuth 1983.12 fect along the south line of
the Southwest quarter of said Section 34;
thence northerly 353 degrees 01' 04" azimuth 249.09 feet;
thence westerly 269 degrees 45' 45" azimuth 632.56 feet;
thence northerly 000 degree 24' 41" azimuth 1750.20 feet along the west line of
said Southwest Quarter of said Section 34;
thence easterly 089 degrees 52' 17" azimuth 1322.67 feet along the south line of
Certificate of Survey No. 233;
thence northerly 000 degree 22' 38" azimuth 665.37 feet along the east line of said
Certificate of Survey No. 233;
thence easterly 089 degrees 53' 19" azimuth 3971.29 feet along the north line of
the Southwest Quarter and the north line of the Southeast Quarter of said Section
34;
thence southerly 180 degrees 15' 0 I" azimuth 2651.80 feet along the east line of
the Southeast Quarter of said Section 34, to the point of beginning.
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Said propetty contains 460.2971 acres, more or less, and is subjcct to
all easements of fact and record.
WHEREAS, the Landowner has petitioned the City for annexation of the contiguous tract; and
WHEREAS, the BAXTER :MEADOWS ANNEXATION is not within the corporate limits ofthe
City or other municipality but is contiguous to the City and may therefore be annexed to the City in
accordance with the provisions of this Agreement and M.C.A. Title 7, Chapter 2, Part 43.
WHEREAS, all parties recognize that the annexation of the BAXTER MEADOWS
ANNEXATION pursuant to Section 7~2~4301, et seq., M.C.A., will entitle the said property to City
services, including municipal water and sewer service, upon their availability; and
WHEREAS, M.C.A. Section 7~2~4305 provides that a municipality and landowner can agree to
the provision of services to the area to be annexed; and
WHEREAS, the City's present water distribution and sewer collection systems are insufficient to
enable it to supply reasonably adequate water and sewer service to the subject property; and
WHEREAS, the Landowner wishes to convey to the City certain water rights or take some
equivalent action to provide water and sewer service to the BAXTER MEADOWS ANNEXA TlON;
and
WHEREAS, all parties recogmze that the development o[ the BAXTER MEADOWS
ANNEXATlON will impact Baxter Lane, Davis Lane/Fowler Road, Harper Puckett Road, Deadman's
Gulch Road, Ferguson Road and Oak Street; and will require additional public street improvements
[or traffic circulation; and
WHEREAS, the Landowner finds that this Agreement will provide [or the most satisfactory and
dependable water supply or service available to furnish watcr and wastewater collection, and provide
traffic circulation for development near and within the BAXTER :MEADOWS ANNEXATION; and
WHEREAS, the making and performance of this Agreement is desirable to promote the
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Snelley Vance-Gallatin Cc MT MISC 120.00
development of the most 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 securing of an adequate water supply and traffic system by the City is necessary
and of mutual advantage to the parties hereto; and
WHEREAS, the patties have determined that it is in the best interests of the City and the
Landowner, and in fUltherance 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.
The Landowner filed an application for annexation of the BAXTER MEADOWS
ANNEXATION with the City. The City, on .Tunc 25,2001, adopted a Resolution of Intent to Annex
the BAXTER MEADOWS ANNEXA TlON. By execution of this Agreement, the City has manifested
its intention to annex the BAXTER MEADOWS ANNEXATION tract pursuant to the telms and
conditions of this Agreement. Subject to the provisions of Title 7, Chapter 2, Part 43, the City shall,
upon execution of this Agreement, adopt a Resolution of Annexation of the BAXTER MEADOWS
ANNEXATION to the City. Further, upon the execution of this Agreement, the Landowner shall do
all things necessary and proper to aid and assist the City in canying out the terms, conditions and
provisions of this Agreement and effectuate the annexation of the BAXTER MEADOWS
ANNEXATION to the City.
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3. Services Provided.
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Shallay Vanoa-Gallatin Co MT MISC 120.00
Thc City will, upon annexation, make available only existing City services to the extent cUITently
available, including municipal water service, municipal sewer service, police protection, and fire
protection, to the BAXTER MEADOWS ANNEXATION, as provided in this Agreement.
4. Municipal Water Service Defined.
The term "municipal water service" as is used in this Agreement shall bc thc scrvice which is
supplicd by the City in accordance with Chapter 13.12, Bozeman Municipal Code, or as may be
amended, as well as any other terms and conditions which apply to the City's provision of this servicc.
The term does not contemplate the extension of lines or construction of necessary improvements at
any cost to the City for delivery of water to and within the BAXTER MEADOWS 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 BAXTER MEADOWS
ANNEXATION to include, but not limited to, any impact fees, 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, or as may be
amended, 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 at
any cost to thc City for collection of sewage at and within the BAXTER MEADOWS
ANNEXATION. Nothing in this Agreement shall obligate the City to pay for right-of-way
acquisition, engineering, construction, and other costs for the collection of sewage serviccs to or
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Shallay Vanoa-Gallatin Co MT MISC 120.00
within the BAXTER MEADOWS ANNEXATION to include, but not limited to, any impact fees,
hookup, connection, or development charges which may be established by the City.
6. Water Ri2hts.
The parties acknowledge the following City policy:
Prior to annexation of property, it shall be the policy of the City of Bozcman to
acquire usable water rights, or an appropriate fee in lieu thereof, equal to thc
anticipated average annual consumption of water by rcsidents and/or users of the
property when fully developed. The fee may be used to acquire water rights or for
improvements to the water system, which would create additional watcr supply
capacity. Except, however, that for any annexation in cxccss of tcn (10) acres, this
policy shall bc camcd out prior to final plat approval of each development phase.
Section 2, No.5, Commission Resolution 3137, Adopted August 19, 1996
The Landowner understands and agrees that it must provide sufficient water rights in
accordance with the City's policy according to the following schedule:
BAXTER MEADOWS ANNEXATION, consisting of a total of 460.2971 acres, prior to
filing of any final subdivision plat, final site plan approval, or the issuancc of any building
pcrmit, whichever occurs first.
The Landowner shall provide sufficicnt watcr rights or cash-in-lieu as calculated by the City
in accordancc with its policy at time of calculation. The Landowner further understands that thc
City will calculate the average annual diversion requirement ncccssary to provide water to this
annexation tract on the basis of the zoning designation and/or City-approved dcvclopmcnt for the
property at the time such calculation is made.
The Landowner agrees to provide sufficient water rights or cash-in-lieu of watcr rights prior to
filing of any Pinal Subdivision Plat, Pinal Site Plan approval, or thc issuance of any building
pcrmit, whichcvcr occurs first.
7. Comprehensive Water and Wastewater Utilities Desi1!ll Report
Prior to future development of the property, the Landowner may be requircd to havc prepared
by a Profcssional Engineer, at Landowner's expense, a comprehensive design rcport cvaluating
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Shallay Vanoa-Gallatin Co MT MISC 120.00
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
infrastructurc capacity is not avai lable for full development, the report must idcntify nccessary
system improvements required for full development. The Landowner agrees to complete at
Landowner's expense, the necessary system improvements to serve the full development.
8. Future Development
Landowner understands and agrees that municipal services are not cUlTently available to much of
the area proposed for annexation, and that there is not right, either grantcd or implicd by the City, for
the Landowner to develop any of the BAXTER MEADOWS ANNEXATION until it is verified by the
City that necessary municipal services, including but not limited to policc and firc protection, are
available to all or a portion of the BAXTER MEADOWS ANNEXATION.
The City recognizes the intention of the Landowner to build an cqucstrian center in phase 1
and parts of future phases of development. The Landowner understands and agrees that such usc is
contingcnt upon and subjcct to propcr zoning approval.
9. Impact Fees
The Landowners hereby acknowledge that annexation and dcvclopmcnt of their property will
impact the City's existing street, water and sewer infrastructurc, and firc scrvicc rcquirements.
There is an existing pole barn on the subject property. At the time new structures apply to thc
City's Water and Sewer facilities, the Landowners shall pay all Water and Sewer Impact Fccs,
which are due. The Landowners and any successors shall pay all Fire, Strect, Watcr and Sewer
Impact Fccs rcquired by Chaptcr 3.24, Bozcffian Municipal Code, or as amended, at the time of
application for any pcrmit listcd in Section 3.24.050A, 3.24.060.A, 3.24.070.A, or 3.24.080.A,
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Shallay Vanoa-Gallatin Co MT MISC 120.00
respectively. If impact fecs cUlTently imposcd pursuant to Chapter 3.24 of the Bozeman Municipal
Code are subsequently voided or declared invalid by a court of competent jurisdiction, the
Landowners agree to pay the City fees or assessments establishcd by the City for impact on City
services in accordance with a new or revised Chapter of the Bozeman Municipal Code lawfully
enacted as a result of such court decision after the date of the court decision. If, prior to enactment
of such revised Chapter, the Landowner applies for any permit, which actuatcs or would have
actuated impact fees pursuant to the CUlTent Chapter 3.24 of the Bozeman Municipal Code, the
Landowner further agrees to pay at that time, the amount calculatcd for such fces based upon the
rates established at the date of this agreement.
If the Court above declares Chapter 3.24 of the Bozeman Municipal Code invalid, and if
landowner would have been entitled to a refund under the COUlt's decision but wcrc it not for the
sole fact of the landowner paying impact fees because of this agreement, thcn all such fees paid
prior to the COUlt'S decision shall be held in escrow until a revised Chapter of the Code is enacted
after the Court's decision.
At the time the revised code is cnactcd, thcn all such fees held in escrow shall be released to
the city and the balance, if any, retumed to the landowncr. All accumulated interest on the sum
held in escrow shall be released to the City or landowncr on thc same percentage as the money
released to either party bears to the total sum held in escrow.
Landowner further understands and agrees that any improvements, eithcr on- or off-site,
necessary to provide connection of BAXTER MEADOWS ANNEXA TlON to municipal services
which are wholly attributable to the property arc "project rclated improvements" as defined in
Chapter 3.24, Bozcman Municipal Codc, or as amended, and as sllch, are not eligible for impact
fee credits.
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Shallay Vanoa-Gallatin Co MT MISC 120.00
If the Landowners default on this condition at the time such is to be performed, and should
default not be rcmedied or colTectcd within thirty (30) days after written notice by City to the
Landowner of such default, City may at their option:
A) Declare the amounts owing for impact fces immcdiately 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. Tn addition, the City may, at its option,
cnforcc paymcnt of such amount by lcvying an asscssmcnt on the premises.
B) Elect any other remedy available to City under the laws of the State of Montana.
C) Any waiver by City of any default shall not be construed as a waivcr of any subsequent
default.
D) It is agreed that it shall be no defense to the enforcement of this provision by City that
impact fees imposed pursuant to Chapter 3.24 of the Bozcman Municipal Code are
subsequently voided or declared invalid by a court of competent jurisdiction. It is the
express intention of the parties not to be bound by such a declaration or judgmcnt and,
thercforc, notwithstanding any judgmcnt cither limiting impact fee payments under
annexation agreements to specified amounts, or prohibiting any such payment, landowner
will pay such amount as specified above.
10. Affordable Housin1!
Thc Landowncr hcrcby acknowledges that annexation and development of the subject
property will have an impact on the cost and availability of housing stock in the Bozeman Area. The
Landowner has prepared and submitted a written letter evidencing its intent to develop and offer
housing units which will be within Single Family Affordability Limits, as that tcrm has been defined
under HUD guidclines, which letter by rcference is madc a part of this agreement and incorporated
hcrein.
11. Payback A1!reement(s)
The parties recognize that development of the subjcct propelty will involve completion of
infrastructure improvements that are capable of servicing a grcater area than that proposed for
anncxation. Subject to review and approval by the City Commission, Landowners may seck
rcimbursemcnt for that portion of development costs not wholly attributable to the property proposed
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Shallay Vanoa-Gallatin Co MT MISC 120.00
for annexation, from property owners who are spccifically benefitted from such improvemcnts. This
acknowledgment on thc part of the City of Landowner's intent to seek an agrccment for
reimbursement shall not bind the Commission, or any future Commission, to approve such an
agreement.
12. Waiver of Ri1!ht-to-Protest Special Improvement Districts
The Landowner has executed a Waiver of Right-to-Protest Creation of Special Improvement
District for street improvements, including paving, curb/gutter, sidewalk, boulevard and storm
drainage appUltenances to Baxter Lane, Davis Lane/Fowler Road, Deadman's Gulch Road,
Ferguson Road and Oak Street; water main improvements for trunk water lines to scrve the
property, trunk sewer mains and lift stations to serve the property; and maintenance of any
parks within thc annexcd arca and/or of a City-wide Park Maintenance District. Said Waivers are
attached hereto as Exhihits A and B.
13.. Additional Terms of Waivers
The parties recognize that thesc documents shall be executed and retumed to the Bozeman
Planning and Community Development Dcpartmcnt within one year of preliminary approval of the
annexation request by the Bozeman City Commission. The parties also recognize that thesc
documents shall be filed and of record with the Gallatin County Clerk and Recorder prior to thc
sale or transfer of ownership of any land within the BAXTER MEADOWS ANNEXATION. The
partics fUlthcr agrce that the City may file these documents at any time.
14. Public Street and Utili tv Easements
The L,andowners understands and agrees that utility easements, a minimum of thirty (30) feet in
width, will be necessary for thc installation and maintenance of water and utility scrviccs to the
annexed property. The Landowncr shall provide public street and utility easements for the adjacent
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and collcctor and arterial streets as follows:
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112053095
Palla: 10 of 20
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120.00
1. Principal Arterials- 120 fect future full width as follows:
1. Harper Puckett- 60 feet half width on west property boundary north
of
Baxter Lane.
2. Oak Street- 60 feet half width on south propelty boundary.
11. Minor Arterials- 105 feet future full width as follows:
1. Baxter Lane- 105 feet full width between Davis Lane and future
Ferguson Road, and 52.5 feet half width from future Ferguson Road
to wcst propelty boundary.
111. Collectors- 90 feet future full width as follows:
1. Deadman's Gulch- 45 feet half width on north property boundary.
2. Fcrguson Road- 90 feet full width through propelty nOlth of Baxtcr
Lane and 45 feet half width along west property boundary south of
Baxter Lane.
The Landowncr shall create any such other easements in locations agreeable to the City
during the appropriate development procedure, but in no event later than the filing of any final plat
or site plan or issuance of a building pelmit on the subject property.
15. North 19th A ve./Baxter Lane Intersection Si2nalization
The Landowner agrccs to providc thc City with a payback of $ 15,000 pCI' thc payback
schedule dated May 10, 2001; for the North 19th/Baxter Lane signalization. Of this total payback,
the Landowner agrees to pay $ 2,072 to the City prior to final plat approval for Phase I of the
development.
16. Public Service/Fire Station Complex
Thc Landowncr agrees to offer to sell to the City of Bozeman up to five (5) acres within thc
annexcd area for usc as a public safety complex. This provision, if not negotiated and closcd
between the parties, shall expire on December 31, 2006.
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17. Governin1! Law and Venue
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Shallay Vanoa-G.llatin Co MT MISC 120.00
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This Agreement shall be construed under and governed by the laws of the state of Montana. In
the event of litigation concerning this Agreement, venue is in the Eighteenth Judicial Disttict
Court, Gallatin County, State of Montana.
18. Attornev's Fees
In the event it hecomes necessary for either palty to this Agreement to retain an attorncy to
enforce any of the terms or conditions of this Agreement, then thc prevailing party shall be entitled
to reasonable attorney's fees and costs, to include the salary and costs of in-house counsel
including City Attorncy.
19. Waiver
No waiver by either party of any breach of any term, covenant or agrecment shall be deemed a
waiver of the samc or any subsequent breach of this same or any other term, covcnant or
agreement. No covenant, term or agreement shall be deemed waived by either party unless waived
in writing.
20. 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.
21. Modifications or Alterations
No modification or amendment of this Agrecment shall be valid unless evidenced by a writing
signed by the parties hereto.
22. No Assi1!nment
It is expressly agreed that the Landowner shall not assign this Agreemcnt in whole or in part
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without prior written consent of the City.
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23. Successors
This Agreement shall be binding upon, inure to the benefit of and be enforceable by the
parties hereto and their rcspective heirs, successors and assigns.
24. Covenants to Run with the Land
The patties intend that the terms of this Agreement shall be covenants running with the land
and shall not expire at their deaths or upon transfer of ownership of the property.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executcd the
day and year first above written.
LANDOWNER:
WBC, LP
By: ~~!j (.*XJf
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STATE OF MONTANA )
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County of Gallatin )
On this /q!Lday of ~kr , 200 I, before me, a Notary Public for thc Statc of
Montana, pcrsonally appeared JetTY Williams, as a director of WBC, LP, known to me to be the
person whose name is subscribed to the above instrument and acknowledged to me that he
executed the same for and on behalf of WBC, LP.
IN WITNESS WHEREOF, I have hereunto set my hand and set my Notarial Seal the day and
year first written above.
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Residing: !307PP/all--
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2053095
Palla: 13 of 20
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120.00
CITY OF BOZEMAN:
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By: Clark Johnson, City Manager
ATTEST:
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By: Robin 1.. Sullivan, Clerk of the City Commission
STATE OF MONTANA)
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County of Gallatin )
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On thc~ day of U~ , 20fH, before me, a Notary Public [or the State of Montana,
personally appeared CLARK JOHNSON AND ROBIN 1.. SULLlV AN, known to me to be the City
Managcr and Clcrk of the City Commission rcspcctively, of the City o[ Bozeman, whose names arc
subscribed to the within instrument and acknowledged to me that thcy cxecutcd the same [or and on
behalf of said City.
IN WITNESS WHEREQ , r havc hereunto set my hand and affixed my Notarial Seal on thc day
,and'yeav first written above; "
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otary Public for the State of Montana
Residing at Bozcman, Montana
Commission Expires: b -/.,?-'tl>
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EXHIBIT A
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
STREET. WATER. SEWER
BAXTER MEADOWS ANNEXATION
The undersigned owner of the real property situated in the City of Bozeman, County of
Gallatin, State of Montana, and more particularly described as follows:
Tracts 1,2,3, and 4 of Certificate of Survey No. 2202, which is
on file and of record in the office of the Clerk and Recorder of
Gallatin County, Montana; being shown as a portion of the
Southwest Quarter and all of the Southeast Quarter of Section
34, Township 1 South, Range 5 East, and the Northeast
Quarter of Section 3, Township 2 South, Range 5 East,
P.M.M., Gallatin County, Montana; all described as follows:
Beginning at the Northeast Corner of said Section 3;
thence southerly 181 degrees 33' 57", assumed azimuth from north,
2660.08 feet along the east line of the Northeast Quarter ofsaid
Section 3;
thence westerly 270 degrees, 07' 11" azimuth 2636.21 feet along the
south line ofsaid Northeast Quarter;
thence northerly 001 degree 12' 19" azimuth 2640.28 feet along the
west line of said Northeast Quarter;
thence westerly 269 degrees 51' 01" azimuth 1983.12 feet along the
south line of the Southwest quarter of said Section 34;
thence northerly 353 degrees 01' 04" azimuth 249.09 feet;
thence westerly 269 degrees 45' 45" azimuth 632.56 feet;
thence northerly 000 degree 24' 41" azimuth 1750.20 feet along the
west line ofsaid Southwest Quarter of Section 34;
thence easterly 089 degrees 52' 17" azimuth 1322.67 feet along the
south line of Certificate of Survey No. 233;
thence northerly 000 degree 22' 38" azimuth 665.37 feet along the
east line ofsaid Certificate of Survey No. 233;
thence easterly 089 degrees 53' 19" azimuth 3971.29 feet along the
north line of the Southwest Quarter and the north line of the
Southeast Quarter of said Section 34;
thence southerly 180 degrees 15' 01" azimuth 2651.80 feet along the
east line of the Southeast Quarter ofsaid Section 34, to the point of
beginning.
Said property contains 460.2971 acres, more or less, and is subject to
all easements of fact and record.
The property is more commonly known as lying between West
Oak Street extended, Deadman's Gulch extended, Davis Lane
and Harper Puckett Road.
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IN CONSIDERATION of receiving approval for annexation of the su~ject 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
streets, city water, and city sewer; specifically, to Baxter Lane, Davis LanelFowler Road,
Deadman's Gulch Road, Ferguson Road and Oak Street 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, the right to protest the creation of one or more special improvement districts
for street improvements including paving, curb/gutter, signals, sidewalk, and storm drainage
facilities to Baxter Lane, Davis LanelFowler Road, Deadman's Gulch Road, Ferguson Road
and Oak Street; trunk water mains and appurtenances to serve the property; trunk sewer
mains and sewage lift stations to serve thc property; or to make any written protest against the size
or area 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.
In the event Special Improvement Districts arc not utilized for the completion of these
projects, we agree to participate in an alternate financing method for completion of said
improvements on a fair share, proportionate basis as determined by square footage of the property,
linear front footage ofthe property, taxable valuation of the property, or a combination thereof.
This waiver shall be a covenant running with the land and shall not expire.
The terms, covenants and provisions of the Waiver shall extcnd to, bc binding upon the
successors-in-interest and assigns of the parties hereto.
DATEDthis~dayof a~
, 2001.
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Shellay Vanoa-Gallatin Co MT MISC 120.00
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LANDOWNER:
WBC, LP
By: lJJ~~ trJJ
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Its:
STATE OF l1od-t:lJ'UL )
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County of G~ II az$',J )
On this I#-day of
Montana, personally appeared
name is subscribed to the abov
, 2001, before me, a Notary Public for the State of
, , known to me to be the person whose
ent and acknowledged to me that they executed the same,
IN WITNESS WHEREOF, I have hereunto set my hand and set my Notarial Seal the day and
year first written above.
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Nota Public for the State of
Residing at ./ft:7Ze/J14n
My Commission Expires: / () - /.2- .200.2.
CITY OF BOZEMAN:
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By: Clark Johnson, City Manager
ATTEST:
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Robin L. Sullivan, Clerk of the City Commission
On the u1 ,j_'-r day of a~ . ,2001, before me, a Notary Public for the State of
Montana, personally appeared CLARK JOHNSON AND ROBIN L. SULLlV AN, 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.
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Shallay Vanoa-Gallatin Co MT MISC 120.00
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IN WITNESS WHER OF, I have hereunto set my hand and affixed my Notarial Seal on the day
and year first written abo
/ Notary Public for the State of Montana
(Seal) Residing at Boze~ Montana
Commission Expires: " -,(;1- --d .p-
Raxter Meadows SID waiver 10100 I.doc
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Shallay Vanoa-Gallatin eo ~T ~Ise 120.00
EXHIBIT B
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL PARKS MAINTENANCE DISTRICTS
BAXTER MEADOWS ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin,
State of Montana, and more particularly described as follows:
Tracts I, 2, 3, and 4 of Certificate of Survey No. 2202, which is on file and of record in the
office of the County Clerk and Recorder of Gallatin County, Montana; being shown as a portion
of the Southwest Quarter and all of the Southeast Quarter of Section 34, Township ] South,
Range 5 East of P.M.M.; and the Northeast Quarter of Section 3, Township 2 South, Range 5
East ofP.M.M., Gallatin County, Montana; all described as follows:
Beginning at the Northeast Corner of said Section 3;
thence southerly ]81 degrees 33' 57", assumed azimuth from north,
2660.08 feet along the east line ofthe Northeast Quarter of said Section
3'
,
thence westerly 270 degrees, 07' II" azimuth 2636.2] feet along the
south line of said Northeast Quarter;
thence northerly 001 degree ]2' ]9" azimuth 2640.28 feet along the
west line of said Northeast Quarter;
thence westerly 269 degrees 51' 01" azimuth 1983.12 feet along the
south line ofthe Southwest quarter of said Section 34;
thence northerly 353 degrees 01' 04" azimuth 249.09 feet;
thence westerly 269 degrees 45' 45" azimuth 632.56 feet;
thence northerly 000 degree 24' 41" azimuth 1750.20 feet along the
west line of said Southwest Quarter of said Section 34;
thence easterly 089 degrees 52' 17" azimuth 1322.67 feet along the
south line of Certificate of Survey No. 233;
thence northerly 000 degree 22' 38" azimuth 665.37 feet along the east
line of said Certificate of Survey No. 233;
thence easterly 089 degrees 53' 19" azimuth 3971.29 feet along the
north line ofthe Southwest Quarter and the north line of the Southeast
Quarter of said Section 34;
thence southerly 180 degrees 15' 0]" azimuth 2651.80 feet along the
east line ofthe Southeast Quarter of said Section 34, to the point of
beginning.
Said property contains 460.2971 acres, more or less, and is subject to
all casements of fact and record.
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 valuable consideration, the receipt of which is hereby acknowledged, and in
recognition ofthe impacts if the City's park facilities and the need for the maintenance of
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Sh.llay Vanoa-Gallatln Co MT MISC
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112053095
Pua: 19 0' 20
11/14/2001 04:49P
120.00
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municipal park areas to serve City residents, the owners have waived and do hereby
waive for themselves, their successors and assigns, the right to protect the creation of one
or more special parks maintenance or improvement districts for a City-wide Parks
Maintenance District, or to make any written protest against the size of area or creation of
the district to create one or more special parks maintenance or improvement districts.
In the event City-wide Parks Maintenance or Special Improvement Districts are
not utilized for the City-wide park maintenance, we agree to participate in an alternate
fmancing method for completion of said improvements on a fair share, proportionate
basis as detennined by square footage ofthe property, linear front footage of the
property, taxable valuation of the property, or a combination thereof. This waiver shall be
a covenant running with the land and shall not expire with the dissolution of the limited
liability corporation, provided however this waiver shall apply to the lands herein
described.
The terms, covenants and provisions of the Waiver shall extend to, and be binding
upon the successors in interest and assigns ofthe parties hereto.
DATED this /9"" day of f5t~ ,2001.
LANDOWNER:
WBC,LP
By: \)J~Cl. tJ&f
Its: \)\,(7...((. +0 a....
STATE OF ;7J~
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5hallay Vanoa-Gallatin Co MT MISC
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11/14/2001 04:49P
120.00
On this /q day of a-lo!Jer
State of Montana, personally appeared
person whose named is subscribed to t
they executed the same.
, 2001, before me, a Notary Public for the
\ , known to me to be the
\IJ mstrument and acknowledged to me that
IN WITNESS WHERE OFF, I have hereunto set my hand and set my Notarial
Seal the day and year first above written.
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(Seal) .'
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Public for the State of Montana
Residing at lloZI"'Jt/('l
My commission expires: /o-/.t-~02.
CITY OF BOZEMAN:
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By: Clark Johnson, City Manager
~EST:
~oi d~~
Robin L. Sullivan, Clerk of the City Commission
On the./.jY" day of Vt:W..b&' ,2001, before me, a Notary Public for the
State of Montana, personally appeared CLARK JOHNSON AND ROBIN L.
SULLIV AN, 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.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal op the .day and year fir writt n ve.
otary Public for the State of Montana
Residing at Bozeman, Montana
Commission Expires: Ie -h--~ 3-
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Baxter Meadows Parks Waiver 10 II 00 I.doc
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