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Home My WebLink About03- Benjamin, Norman Annexation Agreement I BENJAMIN ANNEXATION AGREEMENT II j 11111111111111111 111111111111111111111111111111 11111111 ~:1~~6:r: Sh.ll.y Vano.-Gallatln Co MT MISC 90.00 BENJAMIN ANNEXATION AGREEMENT [~~TI2D f;~ / TillS AGREEMENT is made and entered into thisM day of "UL ';:27 ,200~'i, by and between the CITY OF BOZEMAN, a municipal corporation and political subdivision orthe State of Montana, with offices at 411 East Main Street, Bozeman, Montana 59771-0640, hereinafter referred to as "City", and Norman Benjamin, P.O. Box 796, Shelby, Montana 59474, hereinafter referred to as "Landowner". WITNESSETH: WHEREAS, the Landowner is owner in fee of tracts of certain real property, hereinafter referred to as the "BENJAMIN ANNEXATION", situated in Gallatin County, Montana, and 1l10re paliicularIy described as follows: Tracts lA and 2A, CO.S. E-9-C, Lon2acres Subdivision, located in the NE Yt of Section 19, T2S, R6E, PMM, Gallatin County, Montana WHEREAS, the Landowner has petitioned the City for annexation of the contiguous tract; and WHEREAS, the BENJAMIN ANNEXATION is not within the corporate limits 0 rthe City of Bozeman or other municipality but is contiguous to the City and may thercfi.1re be annexed to the City in accordance with the provisions of this Agreement and M.CA. Title 7, Chapter 2, Part 43. WHEREAS, all parties recognize that the annexation of the BENJAMIN ANNEXATION pursuant to Section 7-2-4301, et seq., M.CA., will entitle the said property to City services, including municipal water and sewer servicc, upon their availability; and WHEREAS, M.CA. Section 7-2-4305 provides that a municipality and landowner can agree to the provision of s.ervices to the area to be annexed; and WHEREAS, t]~c City's presenl water supply is insufficient to enable It to supply reasonably adequate water service to additional customers outside the present city boundaries; 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 BENJAMIN ANNEXATION; and WHEREAS, all parties recognize that the development of the BENJAMIN ANNEXATION will impact Sourdough Road, and will require additional public street improvements; and WHEREAS, the Landowner finds that this Agreement will provide for the most satisflctory and dependable water supply or service available to furnish water and provide traffic circulation for development near and within the BENJAMIN ANNEXATION; and WHEREAS, the making and performance of this Agreement is desirable to prOll1ote the I BENJAMIN ANNEXATION AGREEMENT 21 development of the most adequate water supply and traffic circulation pattem 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 parties have determined that it is in the best interests of the City and the Landowner, and in furtherance of the public health, safety and welfare of the community to enter into and implement this Agreement. IN CONSIDERATION ofthe mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. Recitals The above recitals are true and correct. Q. ..... ~ mID';; .'" ~ OSI --<'> Qog ..... N ~ .. Ul ..... & ~ N~:g iiiiiiiiiii OSI the City on June 17,2002. The City, on August 19,2002, adopted a Resolution of Intent to Annex the !!!!!!!!!!!!!! ~ 8: = BENJAMIN ANNEXATION. By execution ofthis Agreement, the City has mani fcsted its intention - =0 ==== ~ == Jl: to annex the BENJAMIN ANNEXATION tract pursuant to the tenus and conditions of this ==== l- _Jl: 2. Annexation The Landowner filed an application for annexation of the BENJAMIN ANNEXATION with iiiiiiiiiii 0 _ 0 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 BENJAMIN ANNEXATION to the City. -Cj -, =- _0 ~ Further, upon the execution ofthis Agreement, the Landowncr shall do all things necessary and proper iiiiiiiiiii >- -.! j to aid and assist the City in carrying out the telms, conditions and provisions of this Agreement and _Ill effectuate the annexation of the BENJAMIN ANNEXATION tract to the City. 3. Services Provided The City will, upon annexation, make available only existing City services to the extent cUlTently available, including municipal water service, municipal sewer service, police protection, and fire protection, to the BENJAMIN ANNEXATION, as providecl in this Agreement. 4. Municipal Water Service Defined The term "municipal water service" as is used in this Agreement shall be the service which is supplied by the City in accordance with Chapter 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 ofthis service. The tenu docs 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 BENJAMIN ANNEXATION. Nothing in this Agreement shall ohligate the City to pay for right-or-way acquisition, engincering, construction, 0.. ..... ~ IOu> N _,.-CSl -......, Qog ..... .., ~ ,,10 ..... . CSl ..- N.... 0.. CSl iiiiiiiiii CSl !!!!!!!!!!!!!!! CSl -~ - - iiiiiiiiii - =u -tI> --,.. ==>E: ==== I- _1'0 iiiiiiiiii 0 =u - !!!!!!!!!!!!!!! -= -.. -. !!!!!!!!!!!!!!! :: -:J -, =- _u =1: !!!!!!!!!!!!!!! ~ iiiiiiiiii ,. =~ 6. -. !!!!!!!!!!!!!!! .r. _tI> and other costs for the delivery of water to or within the BENJAMIN 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 docs not contemplate the extension of lines or construction of necessary improvements at any cost to the City for collection of sewage at and within the BENJAMIN ANNEXATION. Nothing in this Agreement shall obligate the Cityto pay for right-of-way acquisition, engineering, construction, and other costs for the collection of sewage services to or within the BENJAMIN ANNEXATION to include, but not limited to, any impact fees, hookup, connection, or development chargcs which may be established by the City. Water Ril!hts Thc parties acknowledge the following City policy: Prior to annexation of property, it shall be the policy ofthe City of Bozeman to acquire usable water rights, or an appropriate fee in lieu thereof, equal to the anticipated average annual consumption of water by residents 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 water supply capacity. Except, however, that for any mmexation in excess often (10) acres, this policy shall be carried out prior to final plat approval of each development phase. -Section 2, No.5, Commission Resolution 3137, Adopted August 19, 1996 The BENJAMIN ANNEXATION consists ofapproximately 1.75 acres. The Landowncr understands and agrees that they must provide sufficient water rights in accordance with the City's policy according to the following schedule: BENJAMIN ANNEXATION, consisting ofa total ofl.75 acres, shall provide water rights or cash-in-lieu in the amount of$1,426.94 to the City of Bozeman, at the time the Amlexation Agreement is submitted. The Landowner shall provide sufficient cash-in-lieu as calculated by the City in accordance with its policy at the time of calculation. The Landowner fmiher understands that the City will calculate the averagc annual diversion requirement necessary to provide water to this mmexation tract on the basis ofthe zoning designation and/or City-approved development for the property at the time such calculation is made. 7. Comprehensive Water and Sewer Desil!n Report I BENJAMIN ANNEXATION A.GREEMENT 31 I BENJAMIN ANNEXATION AGREEMENT 41 1111111111111111111111111111111111111111111111111111111 ~~~ ~r:r~, Sh.ll.y Vano.-Gallatln Co MT MISC 90.00 Prior to future development of the property, the Landowner shall have prepared by a Professional Engineer, at Landowner's expense, a comprehensive design report evaluating existing capacity of sewer and water utilities. 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 water and/or sewer capacity is not available for full development, the report must identify necessary water system and sewer system improvements required for full development. The Landowner agrees to complete at Landowner's expense, the necessary system improvements to scrve the full development. 8. Future Development Landowner understands and agrees that there is no right, either granted or implied by the City, for the Landowner to develop any ofthe BENJAMIN ANNEXATION until it is verified by the City that necessary municipal services, including but not limited to police and fire protection, are available to all or a portion of the BENJAMIN ANNEXATION. The Landowner is hereby on notice of the following requirement upon development of the BENJAMIN ANNEXATION: a) Prior to development, t he applicant will be responsible for installing any facilities required to provide full municipal services to the property in accordance with thc City of Bozeman's infrastructure master plcms and all city policies that may be in elTect at the time of development. b) Street improvements including paving, curb and gutter, sidewalk, and storm drainage facilities will be required on Sourdough Road, adjacent to the subject parcel, at the time of future development. c) Prior to any development, a stormwater drainage and grading plan shall be provided to and approved by the City Engineer. The plan must demonstrate that adcquatc treatlnent ofrunoff Ii'om the public streets and all future lots will be achieved by providing spot elevations, flow direction arrows, detention and/or retention basin details (including basin sizing calculations and basin typical sections), outlet structure dctails, and culvert capacity calculations. The plan must also locate and provide easements for adequatc drainage ways within the armcxation area Lo transport treated i'uf,offto the SLOnnwater receiving channel. d) The applicant is advised that water main extensions in excess of500-ft must be looped. 9. Impact Fees The Landowners hereby acknow ledge that anncxation and development oftheir property will impact the City's existing street, water and sewer inli'astructure, and fire service requirements. There are no existing structures on the property. At the time new structures apply to the City's Water and Sewer facilities, the Landowners shall pay all Water and Sewer Impact Fees which are due. The Landowners and their successors shall pay all Fire, Street, Water and Sewer Impact Fees required by chapter 3.24, Bozeman Municipal Code, or as amended, at the time of application Il1r any pertuit listed in Section 3.24.050A, 3.24.060A, 3.24.070A, or 3.24.080A, rcspectivcly. lIthe impact fees currently 0- ~ ~ &OwN .,.. - ... ..... - <') Qag ~w~ ..UI ~&~ N~~ ... !!!!!!!!!!!!!!! ~ ... lJl u -CD E l- _IE a u -I: _..... ~ -. -..... -. <f -. a I: ~ ~ -..... .. _r. _CD imposed pursuant to Chapter 3.24 of the Bozeman Municipal Code are subsequently voided or declared invalid by a court of competent jurisdiction, Landowners agree to pay the City fees or assessments established by the City for impact on City services in accordance with a new or revised Chapter of the Bozeman Municipal Code lawfully enactcd 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 actuates orwould have actuated impact fees pursuant to the cunent Chapter 3.24 of the Bozeman Municipal Code, the Landowner further agrees to pay at that time, the amount calculated for all such fees based upon the rates established at thc date of this agreement. If the Court above declares Chapter 3.24 of the Bozeman Municipal Code invalid, and i r landowner would have heen entitled to a rcfund under the court's decision but were it not for the sole fact of the landowner paying impact fees because of this agreement, then all such impact fees paid prior to the court's decision shall be held in escrow until a rcvised Chapter ofthe Code is enacted after the Court's decision. At the time the revised code is enacted, then all such fees held in escrow shall he released to the city and the balance, ifany, retumed to the landowner. All accumulated interest on the sum held in escrow shall be released to the City or landowner on the same percentage as the money released to either party bears to the total sum held in escrow. Landowners further understand and agree that any improvements, either on- or off~site, necessary to provide connection of BENJAMIN ANNEXATION to municipal services which are wholly attributable to the property are "project related improvements" as defined in Chapter 3.24, Bozeman Municipal Code, or as amended, and as such, are not eligible for impact fee credits. If Landowners default on this condition at the time such is to be performed, and should default not he remedied or corrected within thirty (30) days after written notice by City to Landowners of such default, City may at their option: A) Declare the amounts owing for impact fees immediately due and payable and City shall have the right and privilege to take Icgal action against Landowners for the collection of such sum, including the entry of any judgment. In addition, the City may, at its option, enforce payment of such amount by levying an assessment on the premises. B) Elect any other remcdy 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 waiver of any suhsequent default. D) It is agreed that it shall be no defense to the enforcement of this provision by the City that impact fecs imposed pursuant to Chapter 3.24 of the Bozeman Municipal Code are subsequently voided or declared invalid by a court of I BENJAMIN ANNEXA nON AGREEMENT 51 0.. .... ~ lOll) N .",,-lSl --<'l Qog .... <D ~ --<D .... _ lSl G- N e<D o..lSl iiiiiiii lSl !!!!!!!!!!!!!! ~ =lSl iiiiiiii 01 !!!!!!!!!!!!!! iiiiiiii - =0 -en _E ==== I- _lE iiiiiiii 0 =0 - _I: iiiiiiii :: -e ~:: ~:J -, =- _0 =1: !!!!!!!!!!!!!! ~ iiiiiiii ,.. -~ iiiiiiii -; !!!!!!!!!!!!!! .s::. _en competent jurisdiction. It is the express intention ofthe parties not to be bound by such a declaration or judgment and, therefore, notwithstanding any judgment either limiting impact fee payments under annexation agreements to specified amounts, or prohibiting any such payment, landowner wi \I pay such amount as specified above. 10. Stormwater Master Plan Landowner understands and agrecs that a Stonnwater Master Plan for the BENJAMIN ANNEXATION for a system designed to remove solids, oils, grease, and other pollutants from the runoiT (i"om the public streets must be provided to and approved by the City Engineer at the time of any future development. The master plan must depict the maximum sized retention/detention basin location and locate and provide easements for adequate drainage ways within the area to transporl runoff to the stomlwater receiving channel(s). The plan shall include site grading and elevation infonnation, typical stormwater detention/retention basin and discharge structure details, basin sizing calculations, and stormwater maintenance plan. 11. Traffic Analvsis Report Landowner shall provide a detailed Traffic Analysis Report(s) at the time of future development of any portion of the <.U1l1exed property. 12. Waiver of Ri2ht-to-Protest Special Improvement Districts Landowner has executed a Waiver of R ight-to-Protest Creation 0 f Special Improvement Districts for street improvements, including paving, curb/gutter, sidewalk, boulevard and s t0l111 drainage appurtenances to Sourdough Road; and have further executed a Waiver of Right-to-Protest Creation of Special Parks Maintenance Districts. Said Waivers are attached hereto as Exhibits A and B. 13. Ri2ht-of-Wav Easement for Futurc Roadwavs Lmdowner has dedicated, by written easement, the following land to the City of Bozeman, which represents the Landowner's proportionate share of the necessary right-of-way: a) One-half of the 1 no foot right-of-way for Sourdough Road Said easements will be filed with the Gallatin County Clerk and Recorder at the time this Annexation Agreement is iiled. 14. Utilitv Easemcnts Landowner understands <.Uld agrees that utility easements, a minimum of30 feet in width, will be necessary for the installation and maintenance o[water and sewer utility services to the annexed parcel. The Landowner shall create such easements in locations agreeable to the City during the I BENJAMIN ANNEXATION AGREEMENT 61 D.. .... ~ &aIDN .",- ... ~_<'l Qog ........ ~ -. <0 .... & ~ N~~ g -a m u -'" E l- E o u -c - .. -.... ... -Cf . _0 c ~ ~ -.... - .. _L -'" appropriate development procedure, but in no event later than the filing of any final plat or site plan or issuance of a building permit on any of the parcels. 15. Additional Terms of Waivers The parties recognize that these documents shall be filed and of record with the Gallatin County Clerk and Recorder prior to the sale of any land within the BENJ AM IN ANNEXATION. The parties further agree that the City may file these documents at any time. 16. Governinl! Law and Venue This Agreement shall be construed under and govemed by the laws ofthe state of Montana. In the event of litigation conceming this Agreement, venue is in the Eighteenth Judicial District Court, Gallatin County, State of Montana. 17. Attorney's Fees Tn the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any ofthe temlS or conditions ofthis Agreement, then the prevailing paliy shall be entitled to reasonable attomey's fees and costs, to include the salary and costs ofin-house counsel including City Attorney. 18. Waiver No waiver by either party of any breach of any term, covenant, or agreenlent shall be deemed a waiver ofthe same or any subsequent breach ofthis same or any other teml, covenant or agreement. No covenant, term or agreement shall be deemed waived by either party unless waived in writing. 19. Invalid Provision The invalidity or un enforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 20. Modifications or Alterations No modification or amendment of this Agreement shall be valid unlcss evidenced by a writing signed by the parties hereto. 21. No Assil!nmen t It is expressly agreed that the Landowner shall not assign this Agreement in whole or in parl without prior written consent of the City. 22. Successors This Agreement shall he binding upon, inure to the benefit of and be enforceable by the parties hereto and their respective heirs, successors and assigns. I BENJAMIN ANNEXATION AGREEMENT 71 1111111111111111111111111111111111111111111111111111111 ~u~6:r: 23. Covenants to Run with the Land Shell.y Vano.-Gallatln Co MT MISC 90.00 The parties intend that the terms ofthis Agreement shall be covenants running with the land and shall not expire at their deaths or upon transfer of ownership of the property. The undersigned Landowners affinns that they have authority to enter into this Agreement on behalf oftheir partnership, and to bind the partnership to this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. LANDOWNER 4f ~ iL'-4-d:H~\-' il STATE OF tflt'/Y71JWJ ) $OlL' ) Nomlan Benjamin :ss County of ., . On this / t/ day of 1/ 'i/tllll.(v, ..".~_, 200 3, before me, the undersigned, a Notary Public for the State of Montana, crsonally' peared Nomlan Beniamin, known to me to be the person whose name is subscribed to the above instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my Notmial Seal the day and year first above written. 't ,''', ,;.l ~..:/IU'U;0~1 iJ/'-t/{tc/~f ~ .-. r ~. (SEAL) Notary Public for the State of Montal1a Rcsiding at ,.51IY'if"3,y' , Montana My Commission Expires 201)-3 :1- 4Uta'd I ~ d( (j(.1s-' ,,,.-" ~~'.'" I BENJAMIN ANNEXATION AGREEMENT 18 111111111111 111111111111111111111111111111 111111111 1111 ~:u~r! ~p Sh.ll.y Vano.-Gallatln Co MT MISC 90.00 CITY OF BOZEMAN . I ~+------ <,,\,.,'1" By CLARK V. JOHNSON, City Manager ATTEST: ~./~ o ' "_~' C ler~_of.ilig g;~y"C~mmission ~.J-r 1 ,. ~.,t ' ~~' {',) ; ST A TE OF MONTANA :ss COUNTY OF GALLATIN ~ J~ On this ~_ day of, 200~ before me, a Notary Public for the statc of Montana, personally appe' ed Clark V. Jolmson and RobIn SullIvan, known to me to the persons described in and who executed the foregoing instrument as City Manager and Clerk of the City Commission respectively, ofthe 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 W ITN ESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. \'.1 1:: f...., ...\ .' - I., I .~.>': r' (~EkI)" ,At, '.i1 0", .. ' ,~ .,w . 1&" "P ~~,' .,:po . ;':' ;'1 " -0 . ~" ),;. ...... ~ ~ lIoo. \ ,,;'1,'.. "" ".. ,.~~_'" . ( . \ , IJ-" '.....'- ~ ~ f: j..JJ..) 4c ctr Notary PUbli~C f r the State of Montana Residing at ~~ , Montana MyCommissio Expires'2G..lo -/..F-.;?tJo; I BENJAMIN ANNEXATION AGREEMENT 19 Vi.;;.., ~,:,:\,,'Jlclloi STATE OF /:Ic:ll7J9rVJ ) :ss Norman Benjamin EXHIBIT A 1111111111111111111111111111111111111111111111111111111 ~:t~ ~?~ ~p Sh.ll.y Vano.-Gallatln Co MT MISC 90.00 WAIVER OF RIGHT TO PROTEST CREA TION OF SPECIAL IMPROVEMENT DISTRICTS BENJAMIN ANNEXATION The undersigned owners of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Tracts 1 A and 2A, CO.S. E-9-C, Longacres Subdivision, located in the NE Yt of Section 19, T2S, R6E, PMM, Gallatin County, Montana IN CONSIDERATION of receiving approval for annexation of the subject property fi-om 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 thc impact to Sourdough Road, which will be caused by the development of the above-described property, the owner has waived and do hereby waive for itselt~ its successors and assigns, the right to protest the creation of one or more special improvement districts for paving, curb, guttcr, sidewalk, and draina2e improvements to Sourdough Road and signalization of the intersection of South Church Avenue and Kagy Boulevard, or to make any written protest against the size or area or creation of the district be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. This waiver shall be a covenant running with the land and shall not expire with the dissolution ofthe limited partnership, provided however this waiver shall apply to the lands herein described. The temls, covenants and provisions of the Waiver shall extend to, and be binding upon the successors-in-interest and assigns of the parties hereto. .... .. ., DATED this ~ day of 1J/tlLlltlt# ,2003. ~ I LANDOWNER /)1 /~w Ii~~;~~~<.- o .m'_ County of~Lt ) On this II day 0 f ~/t:ifLll#;{.J, 2003, before me, the undersigned, a Notary Public lor the State of Mon ana; perso < lIy appea~~d Nonnan Benjamin, known tome to be the person whose name is subscribed to the above instrument and acknowledged to me that they executed the same. TN WITNESS WHEREOF, I have hereunto set my hand and affixed IllY Notarial Seal the day and year first above written. 1 (~~. ,;;?/t2~>N kjt-&t!t~~rl:_ (SEAt) Notary Public for the State of Montana Residing at. ~-6/ly (/3Y .. ' Montana My ComnnSSlOl1 ExpIres 20(;1 '9J1.i-ut4'") / J d003 EXHIBIT B Sh.ll.y Vano.-Gallatln Co MT MIse 90.00 " , 111111111111111111111111111111111111111111111111111111I ~:t~~?,~~p WAIVER OF RIGHT TO PROTEST CREA TION OF SPECIAL PARKS MAINTENANCE DISTRlCTS BENJAMIN ANNl<~XATION The undersigned owners of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Tracts 1 A and 2A, CO.S. E-9-C, Longacrcs Subdivision, located in the NE Yt of Section 19, T2S, R6E, PMM, Gallatin County, Montana IN CONSIDERA nON of receiving approval for annexation of thc suhject 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 on the City's park facilities and the need for the maintenance of municipal park areas to serve City residents, the owners have waived and do hereby waive for themselves, their successors and assigns, the right to protest 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 or arca or creation of the district to be asscssed in response to a duly passed resolution of intention to create one or more special parks maintenance or improvement districts. In the event City-wide Parks Maintenance or Special Improvement Districts arc not utilized for the City-wide park maintenance, we agree to participate in an altemate financing method for completion of said improvements on a fair share, proportionate basis as determined by square footage of the property, linear li'ont footage of the property, taxa~)le 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 pminership, provided however this waiver shall apply to the lands herein described. The temls, covenants and provisions of the Waiver shall extcnd to, and be binding upon the successors-in-interest and assigns of the parties hereto. DATED this it- day of_. ,2003. \ \11\1111111 IIIII 111111 IIII 111111111111 III 111111 III 1111 ~t~;!~~ ~2P Sh.lley Vano.-Gallatln Co MT MISC 90.00 LANDOWNER '(~ STATE OF J:kY'/1JJW- ) , :ss County of1(5;()Lf" ) On this __ Ift/ day of _~1't-t/t't..c-1' , 2003, before me, the undersigned, a Notary Public for the State of Montana, personally appearcd t-Jorman Beniamin, known to me to be the person whose name is subscribed to the above instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. Norman Benjamin ~_:JL; .-/(:C~(r{ Id(-;;/ltt:1' /iZ/ '7"" "- " ,,: , (S~AL) Notary Public for the State of Montana Residing at _ ~//f;LJgy , Montana My Commission ExpireS 20c)-3! <;}..e8~1.I4~/.Y' dOdJ 111111111111111111111111111111111111111 1111111111111111 ~~t~~f?0~ ~p Sh.ll.y Vano.-Gallatln Co MT MISC 90.00 PUBLIC STREET EASEMENT Norman W. Benjamin, GRANTOR, in consideration of $ 1.00 and for othcr and valuable considcrations, receipt of which is acknowledged, grants to The City of Bozeman, a municipal corporation of the State of Montana, with offices at 411 East Main, Bozeman, Montana 59715, GRANTEE, its successors and assigns, a perpetual street and utility easement for the use of the public, in, through, and across a strip ofland situated in Gallatin County, Montana, 15 feet wide to be located on the following described real property: The west 15 feet of Lots 1 A & 2A, Certificate of Survey E-9-C, located in the Northeast Quarter of Section 19, Township 2 South, Range 6 East of the Principal Meridian of Montana, Gallatin County, Montana. The easement is more particularly deseribed on the attached Exhihit "A" which by this reference is made a part hereof. The GRANTOR states that he possesses the real property describcd above and that he has a lawful right to gnmt an easement thereon. The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR. The terms, covenants, and provisions of this easement shall extend to and be binding upon the heirs, cxeeutors, administrators, personal representatives, successors, and assigns ofthc parties hereto. DATED this L day of :i.."v...tt~? . :;7 .' .-' ,2C(1B. ~:b{:r=)f =OF;fi@Z=L~N= By / / / / / / / / / / / / / / / / / / / / / / / . GRANTOR /1"1 . /p, ,-- t!.J .." . -/ ( c1"f-1-..l.tf'I'~' /{ t /' J.i!~/F"~-Ci/l Norman W. Benjamin STATE OF MONTANA COllnty of Gallatin On this ~ day of , 2.a22, before me, the undersigned, a Notary Public for the State ofM tana, perso lly appeared Norman W. Benjamin, known to me to bc the person whose namc is subscribed to the within instrument, and acknowledged to me that he did execute the same. q~.-t>aLi-'7 1t)~--;::::iJ5c/ /LI__ Notary Public for the State of Montana L E5 L-I E ;:hy;;y !f) tJL.O'7 V t PT (Printed Name) C....H. / /2. . / .iT' Residing at .:7 .~ L(~ j'-"{ .' My Commission Expires: frr:/8 / /t( /200~ IN WITNESS WH~REOF, I have hereunto set my hand and affixed my Notm:~a:l.~~~.t~..;\.y' . _ day and year first above wntten...'-\'; .',,:,';.;.M '...{' .; .' ~ ~~.. '. c- ;",. ,~h .,. :r...";, ." <!.~ .. (""SE Af') .4..... ~;: ," " , r'- --J ',.; "~1 --..1 t1;'f I ~!,I -c, "1 :'~. ",,'J i ;~ "'.,1' ' : I , < f'~ .~ ,- . \7 V , ~ I} ./!'... . .~~..; J 111111111111111111111111111 I11I1 1111111111 111111 1111111 ~!, ~~.~~ 1 Sh.ll.y Vano.-Gallatin Co I'IT MIS 06/06/2003 02,42~ C 90.00 PUBLIC STREET EASEMENT (com.) ACCEPTED: CITY OF BOZEMAN I ~ ~""'~~rkv.JOhnSOn ,,/' ~ .,9ity Manager ... '\ .,' \ ">{'C, \ . ,";::~'- - - .... \ A TTE~./~Pt; _~;'i'F~ (jiJ;A~_'~''-'~-~"'~;-': <:) o. I ",' . " " "" .:.... '; ". C erk of the Cotl'1mlsslOn STATE OF MONTANA ) )ss. County of Gallatin ) On this / 9C11 day of , 2t() ~ before me, a Notary Public for the State of Montana, personally appeare ARK V. JOHNSON and ROBIN L. SULLIVAN, known to me to be the City Manager and lerk of the Commission, respectively, of the City of Bozeman and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. ,)" ,-""' IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Nota.I~t.~&al.e" day and year first above written. -l- ' ,. ,... :;. :\S\~. ~ .,"" \-'.J:f ii, 'Jt f (SEALY. ~:' -: It,:,~i;~li;; i ,,~< ,. I ".. '. z..." ',"" C', \, 'J .' .(~ ~"" .. ":. ~ ~'T},,~F ~ otary Public for the State of Montana e~ V4Gctf- (Printed Name), Residing at: My Commission / /..7 /20 ~;y .. J\ l--- \ ! \ \ \, IfI C Q;L... o Co-. o '.Js , ,0;. "'6.... Of -,. ..::: cO C...... r f'\ -z.~ tfl lfI o -Z- o Scale: 1 "=100' 50 , 100 Exhibit "A " 15' Pubic Street Easement West 15' of Lots 1 A & 2A, C.O.S. No. E-9-C Kagy - BOUlevard _____ ..\ \ \ \ \. \ -:; \ (:. \ 3. ....\-.-: , \ 30' , \Jj '..., , \.A , 2~Y reed P. C. W:......:.>.I'.)..r,,;~^.')lOr' ~/ ;..()nqoct'Gs ,"" l. ~. .. ~~)" N tN. 35 \ \ \ \ \ A [J\ ~\ ~..\ CO "\fl\ ~ '~\ '" 0~\' ~1 \ (U "3 "'\ ., .-\ \ \ , --.--.. \ '0\ ,5' 1\ .-....- -........- _..',\ \ \ \ -'-- "-, , , ,-...-. , , ~!O! 666" , , , , , , \ \ \ , ..-j, ------ ..--......-.. --...- .-....-, r'-\ \ \ , .....-- -.-.--... -........ --....\ , .\'- , '>.\ ..._- -- ~.. -\ , .>(] --.."\ \ \ \ \ ------- .)' f,;?, ..-..-.----/-...--.- r -- ------ c itLbjl}l J!~..__...._ """--[\,-::::~N;~;i!\ ~I" secti:.. ~ (os I c--~ '~:->> "'~'" 2.1674 Acres R~2 Zone . ' -:-,'''''~''''', '} .-/ j C'o", t, ,) ( .. "'9'0 .10 f' <J,? ""..5' D- .... N ... .'" ID "- ,..,. - N IO~: SID 3 .... - ~ ,,10 .... - Q m_ N"'" D-Q iiiiiiiiiiii Q !!!!!!!!!! Q cJl e- ..-co o r- o -z. C1 ="" -(I) - !!!!!!!!!! .. iiiiiiiiiiii - =0 -ell _E === I- -"., iiiiiiiiiiii 0 =0 - _c iiiiiiiiiii :: -" -- -. _....~-~ =- _0 =r: !!!!!!!!!! ~ iiiiiiiiiiii ,. -. =- iiiiiiiiiii ~ !!!!!!!!!! .I:: _ell ..::: 'J7 o I.f) ~ f'\ .-...€ _..rft ..... -z. Prepared By: Rocky Mountain Engineers. P.L.L.C. Civil Engineering &. Land Surveying 1700 West Koch Street, Suite 7 Bozeman, Montana 59715 (406)586-4859 Drowing File Nome: 996Topo.dwg 01/02/2003