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HomeMy WebLinkAbout03- Big "R" - Dorn Annexation Agreement .. .' '~;i~fJv BI~" ~~~.m~!I~.~~!I!~ ~11~!j~ 1111111~jjl'l g~;~r:f: ANNEXA TJON AGREEMENT THIS AGREEMENT made and cntered into this ;2 7 day of t?J4Y , 2003, by 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", JOHN DORN, MARK DOUGLAS DaRN AND LISA ANN DORN, 12 Lariat Loop, Bozeman, MT 59715, hereafter referred to as "Landowner", and MURDOCH FAMILY LIMITED PARTNERSHIP, c/o John Murdoch, 2275 North 7th A venue, Bozeman, Montana 597 15, hereinafter referred to as "Landowner/Developer". WHEREAS, Landowncr and Landowner/Developcr, arc owncr in fec of a tract of ccrtain real property, hereinafter referred to as the "BIG "R"- DORN ANNEXATION" tract situated in Gallatin County, Montana, and more particularly described as follows: LANDOWNER, being Lots 4, 11, and 12 of the Gordon Mandcville State School Scction Subdivision located in the southeast onc-quarter of Section 36, TIS, R5E, P.M.M., Gallatin County, Montana, being 4.04::1:: acres along with and subject to any and all existing easements. LANDOWNER/DEVELOPER, being Lot 3 of the Gordon Mandeville State School Section Subdivision located in the southeast one-quarter of Section 36, TI S, R5E, P.M.M., Gallatin County, Montana, bcing 4.04::1:: acres along with and subject to any and all existing easements. WHEREAS, the Landowner and Landowner/Developer have petitioned the City for annexation of said tract of land; and WHEREAS, the BIG "R" - DORN ANNEXATION is not within the corporate limits of the City or other municipality and may therefore be annexed to the City in accordance with the prpvisions of this Agreement and M.C.A. Title 7, Chapter 2, Part 46. WHEREAS, all parties recognize that the annexation of the BIG "R" - DORN ANNEXATION pursuant to Section 7-2-460 I, 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 7-2-4610 provides that a municipality and landowner can agree to the provisions of services to the area to be anncxed; and Big "R" - Dom Annexation Agreement 1 2112231 Pag.: 2 of 18 06/20/200310:12R Sh.ll.y Vano.-Gallatin Co MT MISC 108.00 WHEREAS, the City's present water supply and sewer collection system is insufficient to enable it to 1111111111111111111111111111111111111111111111111111111 supply reasonably adequate water and sewer service to additional customers outside the present city boundaries; and WHEREAS, all parties recognize that the development of the BIG "R"- DORN ANNEXATION will impact area streets, and that future improvements may require additional public street improvements for traffic circulation; and WHEREAS, the Landowner and Landowner/Developer wishes to convey to the City certain water rights or take some equivalent action to provide water and sewer service to the BIG "R" - DORN ANNEXATION; and WHEREAS, the Landowner and Landowner/Developer finds that this Agreement will provide tor the most satisfactory and dependable water supply and sewer supply or service available to furnish water and wastewater collection, and provide traffic circulation for development near and within the BIG "R" - DORN ANNEXATION; and WHEREAS, the making and performance of this Agreement is desirable to promote the development of the most adequate water supply, wastewater collection 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, wastewater collection, and traffic systems by the City is necessary and of mutual advantage to the parties hereto. WHEREAS, the parties have determined that it is in the best interests of the City, Landowner, and Landowner/Developer, and in furtherance of the public health, safety and welfare of the community to enter into and implement this Agreement. WIT N ESE T H: Big "R" - Dorn Annexation Agreement 2 IN CONSIDERA nON of the mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. Recitals The above recitals are true and correct. Big "R" - Dorn Annexation Agreement 3 1111111111111111111111111111111111111111111111111111111 ~~t~~~~~r ~A 2. Annexation Sh.ll.y Vano.-Gallatln Co MT MISC 108.00 The Landowner and Landowner/Developer filed an application for annexation of the BIG "R" - DORN ANNEXA TION with the City. The City, on December 16, 2002, adopted a Resolution of Intent to Annex the BIG "R" - DORN ANNEXATION. By execution of this Agreement, thc City has manifested its intcntion to annex the BIG "R" - DORN ANNEXATION tract pursuant to the terms and conditions of this Agreement. Subject to the provisions of Title 7, Chapter 2, Part 46, the City shall, upon execution of this Agreement, adopt a Resolution of Annexation of the BIG "R" - DORN ANNEXATION to the City. Further, upon the execution of this Agreement, the Landowner and Landowner/Developer shall do all things necessary and proper to aid and assist the City in carrying out the terms, conditions and provisions of this Agreement and effectuate the annexation ofthe BIG "R" - DORN ANNEXATION tract to the City. 3. Services Provided The City will, upon annexation, make available only existing City services to the extent currently available, including municipal water service, municipal sewer service, police protection, and fire protection, to the BIG "R" - DORN ANNEXATION, as provided in this Agreement. Landowner and Landowner/Developer acknowledges that municipal water service is initially provided to BIG "R" - DORN ANNEXATION under court order due to the degradation of existing groundwater in the area of said annexation and further agrees to complete connection to municipal water service and municipal sewer service as prescribed by the City of Bozeman Development Review Committee and City Engineer's Office in order to obtain a building permit to proceed with construction of a professional office complcx for Big "R" Home and Ranch Supply. 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 bc amendcd, 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 I ines or construction of necessary improvements at any cost to the City for delivcry of water to and within the BIG "R'" - DORN ANEXA TION. Nothing in this Agreement shall obligate the City to pay for Big "R" - Dorn Annexation Agreement 4 111111111111111111111111111111111111111111111111111111I ~~~~~;~r~~ ~R Sh.ll.y Vano.-Gallatin Co MT MISC 10B.00 right-of-way acquisition, engineering, construction, and other costs tor the delivery of water to or within the BIG "R" - DORN ANNEXATION to include, but not limited to, any impact fees, hook-up, connection, or development charges which have been or may be established by the City. 5. Municipal Sewer Service Defined The term "municipal sewer service" as is used in this Agreement shall be the service which is supplied by the City in accordance with Chapter 13.24, Bozeman Municipal Code, or as may be amended, as well as any other tenns 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 the City for collection of sewage at and within the BIG "R" - DORN 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 services to or within the BIG "R" - DORN ANNEXATION to include, but not limited to, any impact fees, hookup, connection, or development charges which may be established by the City. 6. Water Rie:hts 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 anticipatcd 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 improvcments to the water system, which would create additional water, supply capacity. Except, however, that for any annexation in excess of ten (10) acres, this policy shall be carried out prior to final plat approval of each development phase. Section 2, No.5, Commission Resolution 313 7, Adopted August 19, 1996 The Landowner and Landowner/Developer understands and agrees that they must providc sufficient water rights in accordance with the City's policy according to the following schedule: BIG "R" - DaRN ANNEXA TlON, consisting of a total of 4. 04-l:. acre.~', prior to final site plan approval, or filing of any final subdivision plat, whichever occurs first that will create additional subdivision lots antI/or development proposals. Should the Landowner and/or Landowner/Developer create additional subdivision lots with further subdivision of said property, or should the Landowner and/or Landowner/Developer develop said property under the provisions of the City of Bozeman Zoning Ordinance, the Landowner and/or Landowner Developper shall provide sufficient water rights or cash-in-lieu as calculated by the City in accordance with its policy at the 1111111111111111111111111111111111111111111111111111111 ~~t~;~~~~ ~R Sh.ll.y Vanoe-Gallat1n Co MT MISC 108.00 time of calculation. The Landowner and LandownerlDeveloper further understands that the City will calculate the average annual diversion requirement necessary to provide water to this annexation tract on the basis of the zoning designation and/or City-approved development for the property at the time such calculation is made. 7. Comprehensive Water and Water Desie:n Report Big "R" - Dorn Annexation Agreement 5 Prior to future development of the property, the Landowner and/or Landowner/Developer may be required to have prepared by a Professional Engineer, at Landowner's expense, a comprehensive design report evaluating existing capacity of sewer and water utilities in the area. The report must include hydraulic evaluations of each utility for both existing and post-development demands, and the report findings must demonstrate adequate capacity to serve the full development of the land. If adequate infrastructure capacity is not available for full development, the report must identify necessary system improvements required for full development. The Landowner and/or Landowner/Developer agrees to complete at Landowner's and/or Landowner's/Developer's expense, the necessary system improvements to serve the full development. 8. Future Development Limitations Landowner and LandownerlDeveloper understands and agrees that substantial limitations for growth exist in the wastewater collection system for this property, which will need to be addressed in conjunction with development of the parcel. The future developer will be responsible for installing any facilities required to provide full municipal services to the property in accordance with the City's Infrastructure Master Plans and all city policies and guidelines that may be in effect at the time of development. Thus, Landowner and Landowner/Developer understands and agrees that there is no right, either granted or implied by the City, for the Landowner to develop any of the BIG "R" - DORN ANNEXATION until it is verified by the City that necessary municipal services, including but not limited to police and fire protection, and sewer and water capacity, are available to all or a portion of the BIG "R" - DORN ANNEXATION. Landowner and Landowner/Developer understands and further agrees that upon completion of required infrastructure improvements and connection to City of Bozeman municipal services to develop said property, that the existing septic tank(s) and subsurface drainfield system(s) shall be properly abandoned and the abandonment documented and certified by the applicant's professional engineer. Big "R" - Dorn Annexation Agreement 6 9. Stormwater Master Plan 11111111111111111 111111111111111 1111111 1111111111111111 ~Jj~~~: Sh.lley Vanoe-Gallatln Co MT MISC 109.00 Landowner and Landowner/Developer understands and agrees that a Stormwater Master Plan for the BIG 'R' - DORN ANNEXATION for a system designed to remove solids, oils, grease, and other pollutants from the runoff from the public streets may be required to be provided to and approved by the City Engineer at the time of any future development. The master plan, if required, must depict the maximum sized retention/detention basin location and locate and provide easements for adequate drainage ways within the area to transport runoff to the stormwater receiving channel(s). The plan shall include site grading and elevation information, typical storm water detention/retention basin and discharge structure details, basin sizing calculations, and stormwater maintenance plan. 10. Waiver of Ri2ht-to-Protest Special Improvement Districts Landowner and Landowner/Developer have executed a Waiver of Right-to-Protest Creation of Special Improvement Districts for maintenance of any parks within the annexed area and/or of a City-wide Park Maintenance District, and Waivers ofRight-to~Protest Creation of Special Improvement Districts, which would provide a mechanism for the fair and equitable assessment of maintenance costs for such parks, is attached hereto as Exhibit "A"", and is hereby incorporated in and made a part of this Agreement. Landowner and Landowner/Developer have further executed a Waiver of Right-to-Protest Creation of Special Improvement Districts for improvements, including: I) gravity sanitary sewer improvements, and 2) water main improvements to serve the property as outlined in the Wastewater Facility plan, is attached hereto as Exhibit "B", and is hereby incorporated in and made a part of this Agreement. Landowner and Landowner/Developer agree that in the event an S.I.D. is not utilized for the completion of these improvements, the developer agrees to participate in an altemative financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. 12. Utilitv Easements The Landowner and Landowner/Developer understands and agrees that utility easements, a minimum of thirty (30) feet in width, may be necessary for the installation and maintenance of water and sewer utility Big "R" - Dorn Annexation Agreement 7 1111111111111111111111111111111111111111111111111111111 ~~t~~~~i! ~A Sh.ll.y Vano.-Gallatln Co MT MISC 109.00 services to the annexed parcel. The Landowner and Landowner/Developer shall create such easements in locations agreeable to the City during the appropriate development procedures, but in no event later than the filing of any final plat or site plan review or issuance of a building permit on the parcel(s). 13. Impact Fees Landowner and Landowner/Developer hereby acknowledge that annexation and development of their property will impact the City's existing street, water and sewer infrastructure, and fire service requirements. There are two (2) 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 Landowner and Landowner/Developer 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 for any permit listed in Section 3.24.050A, 3.24.060A, 3.24.070A, or 3.24.080A, respectively. If the impact fees currently imposed pursuant to Chapter 3.24 of the Bozeman Municipal Code are subsequently voided or declared invalid by a court of competent jurisdiction, Landowner and Landowner/Developer 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 enacted as a result of such court decision after the date of the court decision. It~ prior to enactment of such revised Chapter, the Landowner and/or Landowner/Developer, applies for any pennit, which actuates or would have actuated impact fees pursuant to the current Chapter 3.24 of the Bozeman Municipal Code, the Landowner and/or Landowner/Developer further agrees to pay at that time, the amount calculated for all such fees 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 and and/or Landowner/Developer would have been entitled to a refund under the court's decision but were it not for the sole fact of the Landowner and/or Landowner/Developer paying impact fees becausc of this agreement, then all such impact fees paid prior to the court'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 enacted, then all such fees held in escrow shall be released to the city and the balance, if any, returned to the Landowner and/or Landowner/Developer. All accumulated interest on the Big "R" - Dom Annexation Agreement 8 111111111111111111111111111111111111111111111111111111I ~~t~~~~~r ~R Shell.y Vanoe-Gallatin Co MT MISC 108.00 sum held in escrow shall be released to the City or Landowner and/or Landowner/Developer on the same percentage as the money released to either party bears to the total sum held in escrow. Landowner and Landowner/Developer further understand and agree that any improvements, either on- or off-site, necessary to provide connection of Annexation Tracts 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 Landowner and Landowner/Developer defaults on this condition at the time such is to be perfonllcd, and should default not be remedied or corrected within thirty (30) days aftcr written notice by City to the Landowner and Landowner/Developer of such default, City may at their option: A) Declare the amounts owing for impact fees immediately due and payable and City shall have the right and privilege to take legal action against 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 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 waiver 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 Bozeman 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 judgment and, therefore, notwithstanding any judgment either limiting impact fee payments under annexation agreements to specified amounts, or prohibiting any such payment, landowner will pay such amount as specified above. 14. Additional Terms of Waivers The parties recognize that these documents shall be filcd and of record with the Gallatin County Clerk and Recorder prior to the sale of any land with the BIG "R" - DaRN ANNEXATION. The parties further agree that the City may file these documents at any time. 15. Governinl! Law and Venue This agreement shall be construed undcr and governed by the laws of the state of Montana. In the event of litigation, venue is in the Eighteenth Judicial District Court, in and for County of Gallatin, State of Montana. Big "R" - Dorn Annexation Agreement 9 16. Attorney's Fees 11111111111111111 111111 11111111111111111111111111111111 ~:U~~f 1~' Sh.ll.y Vano.-Gallatln Co MT MISC 108.00 In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement, then the prevail ing party shall be entitled to reasonable attorney's fees and costs, to include the salary and costs of in-house counsel including City Attomey. 17. Waiver No waiver by either party of any breach of any term, covenant or agreement shall be deemed a waiver of the same or any subsequent breach of this same or any other term, covenant or agreement. No covenant. term or agreement shall be deemed waived by either party unless waived in writing. 18. 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. 19. Modifications or Alterations No modifications or amendment of this Agrcement shall be valid unless evidenced by a writing signed by the parties hereto. 20. No Assienment It is exprcssly agreed that the Landowner and/or Landowner/Developer shall not assign this Agreement in whole or in part without prior written consent of the City. 21. Successors This Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties hereto and their respective heirs, successors and assigns. 22. 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 transfer of ownership of the property. The undersigned Landowner and Landowner/Developer affirms that they have authority to enter into this Agreement on behalf of their corporation, and to bind the corporation to this Agreement Big "R" - Dom Annexation Agreement 10 1111111111111111111111111111111111111111111111111111111 ~J~~;f~,~: Sh.ll.y Vano.-Gallatln Co MT MISC 108.00 IN WITNESS WHEREOF, the partics hcrcto have caused this agreement to be executed the day and year first above written. LANDOWNER I ....,/-.- '" ~-) ~ .." '",: ' ---/ ByiA~~~~:--' Zr"Y1--- 71"~ ~'~y &:1-- ]::)~~ By: MARK DOUGLASDORN, & - ~a.~ By: LISA ANN DORN STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this 017 tf day of '177 ~ ' 2003, befme me, a Notary Publicfor the Slate of Montana, personally appeared John Dorn, Mark DOl glas Dorn, and Lisa Ann Dorn, known to me to be the persons that executed the foregoing Annexation Agreement, and acknowledged to me that they executed the same. TN WITNESS WHEREOF, I have hercunto set my hand and affixed my official seal the day and year first above written. ~..."., ...I.ojl'IJ ~~J'I'". " ....... \lA J.I '0"" y "'.,,. ""w.:.:~. f'l 11 . .I..~ . ..'\. ; ~...' -~.,.. t.r~. ~ .~ " .."" . ,...It........ ~.... ~F. .. . , ~ . ~~]:::rt,): , 'P,. ,. i. .,) ,+0... ....g".!.~....' .... .... ..'.','......,~~ ~. -~ 6~,' S' <t4'*'~'< \ ~. -" . ttt'l. ., ~ "... \. ".":'I').~;_.;~.;:'~~~.'. \" ...r 1 ~. '.... "l"'.'.'l>'-I"'" . ,'" ,...., . 'If' :,," "'." .".(~''''':'':'' "1"'"'' ' v . " ., II"",~,\,: 1II"....\li..~~..... ~ ~. IfO "l ~,' ..., _ ",.. f'f. ...... '. "'tIt.."..."". Sir San fl. ~J1 j"")1/ kn (Printed Name Herc) / Notary Public [or the State of Montana Residing at K3.dC'vt..dc:l..e.. My Commission Expires:.o!/t~ 0~.;;t?03 (Use 4 digits for cxpirati011 year) Big "R" - Dom Annexation Agreement 11 1111111 ~IIIIIIII ~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII r.4,~~?,f.: Sh.ll.y Vano.-Gallatin Co MT MISC 108.00 . JOHN MURDOCH, Representing RDOCH F AMILIY LIMITED PARTNERSHIP STATE OF MONTANA ) :ss COUNTY OF GALLA TIN ) On this s:J;l-'!!'.. day of._.>a)aLjr ,2003, before me, a Notary Public for the State of Montana, personally appeared John Murdoch, representing Murdoch Family Llmlted PartnershIp, known to me to be the person that executed the foregoing Annexation Agreement, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. II. 'I ~ ", + , ..~ , :....\~. ;, Ys..'rdiiJ: ' ... <~\ Q1 ~!fI:4 <" f~ \ ;- !.':-' ,>~ ::o,:,:#".!\.,.: ~"/: \' ~ : ~J; i C 'f..'i1t:1 ;!'~.i: ~ - 'i..HJ. t\. ..0\.1. .. \.~'~::<I;"<-'~)'-..:/ ~ ~~~;~". ..~...~.,.il.',..'1'f\ v'"".~('.,,\ t . ""'; I. " r;j u ::,xel7 ;1//. tUn .oIl k/7 / (Printed Name Here) Notary Public for the State of Montana Residing a~ l?eJ.j(ade . My Com.m~sslOn EX~lre~:J 'f.jJ'YI'~ ~ ~ (!03 (Use 4 dIgIts for expiratIOn yea'r) Big "R" - Dorn Annexation Agreement 12 1111111111111111111111111111111111111111111111111111111 ~:t~~~~ 1~' Sh.ll.y Vano.-Gallatin Co MT MISC 108.00 CITY OF BOZEMAN J--~_.--- By: CLARK V. JOHNSON, City Manager STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this ~ day of ,2003, before me, a Notary Public for the state of Montana, personally appeared V. Johnson and Robin Sullivan, known to me to the persons described in and who executed the forego' instrument as City Manager and Clcrk of the City Commission respectively, of the City of Bozeman, whose names are subscribed to thc within instrument and acknowledged to me that they cxccutcd thc same for and on behalf of said City. ,~j~/~HEREOF, I have hereunto set my hand and affixed my official seal the day and year first ajJ9,~..vq.'. .w.e.'..'.:.r,--..'......,'...'.. :~{, \. ~ : fJ ,!{ro, \ " ~,):'t..".~, '7'1, T, (.:s.t.~~ , ' 7 'J" '!'",,'., :'." :ll' " ~'1.~'~, .. .'.. "" ,....','.'... ' 'I..,. ""." ,) i. A '.~f ~ ' rintedNameHere) kCJ'TA ~A.JII.J Y4c.uf Notary Public fi r the State of Montana Residing at My CommissiOl xpires: t> '/f-...?OcJ3 (Use 4 digits for expiration year) Big "R" - Dorn Annexation Agreement 13 1111111111111111111111111111111111111111111111111111111 Sh.ll.y Vano.-Gallatin Co MT MISC EXHIBIT "A" 2112231 Pall': 13 of 18 06/20/2003 10:12A 108.00 WAIVER OF RIGHT-TO-PROTEST CREA TION OF SPECIAL IMPROVEMENT DISTRICT FOR A CITY-WIDE PARK MAINTENANCE DISTRICT The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Lots #3, #4, # 11, and # 12 of the Gordon Mandeville State School Section Subdivision located in the southeast one-quarter of Section 36, Tl S, R5E, P.M.M., Gallatin County, Montana, being 4.04:1: acres along with and subject to any and all existing easements. IN CONSIDERATION of receiving approval for annexation of the subject property from the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the impact to City parks which will be caused by the development of the above-described property, the owner has waived and do hereby waive for itself, its Sllcccssors and assigns, the right to protest the creation of one or more special improvement districts for maintenance of any parks within the annexed area and/or of a City-wide Park Maintenance District, which would provide a mechanism for the fair and equitable asscssment of maintenance costs for City parks, 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 abovc-describcd property. This waivcr shall be a covenant running with the land and shall not expire with the dissolution of the corporation, provided however this waiver shall apply to the lands herein describcd. The tenns, covenants and provisions of the Waiver shall extend to, and be binding upon the successors- in-interest and assigns of the partics hereto. DATED this ~ day of May ,2003. Big "R" - Dom Annexation Agreement 14 1111111111111111111111111111111111111111111111111111111 ~~t~~f~1~ ~A Sh.ll.y Vano.-Gallatln Co MT MIse 108.00 LANDOWNER /' ,~,/, ..~".. i.,..'."" :::1' ,/'r.' ~./t:C ,~_. By~ JOHN DORN O~tt4 .::A/f/4# .2),;7,---=__ :za:~ By: LISA ANN DORN STATE OF MONTANA ) :ss COUNTY OF GALLA TIN On this eX 7 'tl day of. __..vn a!:d- , 2003, before me, a Notary Public [or the State of Montana, personally appeared John Darn, Mark Dougla1; Dorn, and Lisa Ann Dorn, known to me to be the persons that executed the foregoing Annexation Agreement, and acknowledged to me that they exceuted the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. _ t .~ ' I" , , . ". 'l ".\~:. ~SE~) , .., .... "'R/ ' ,':,' ;,~). ," of". '~o ."J .....Q (". ~., . -,,"" '. . "" ". ; S~"t ""1 : ': ;I) ~. [.d-\. J ..: " ...5L( ~{( JI ;1. v.;; n 0/ kn...__. (Printed Name Here) Notary Public for the State of Montana Residing at 6tJ!fH a.dc... _._~ My Commission E'xPires:3u~. ,,;V-!;;;;"c-'c 3 (Use 4 digits for expiration ye . " f. . . I . ~ . . . I' , .. ~..,.~~ / /' 1-\ I . ,. '. "~, I I , ~ '. ,II ~I I' I , . ' .. 111111111111 11111 111111 111111111 111I11I 111111111 1111111 ~:1 ~;f~t.,~, Sh.ll.y Vano.-Gallatln Co MT MISC 108.00 B JOHN MURDOCH, Rcprcscn 109 URDOCH FAMILY LIMITED PARTNERSHIP STATE OF MONTANA :ss COUNTY OF GALLATIN ) On this C17 ~"day of___, 'f?')t1:A.....i- ,2003, before me, a Notary Public for the State of Montana, personally appeared John Murdoch, representililg Murdoch Family Limited Partnership, known to me to be the person that executed the foregoing Annexation Agreement, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. . ,,:~::~~:~~~ '(,/; . () "I' < '" ,{'. . {"~~: S" E l\J \'~" '. ;. .; ~ t\. . ~ . \~ ':';',; ....... '~; t' """", ,:.:;,~< ":' .r.". " f."f "'f'".; .,., ut{Sd.fl n. ~n /::V/f~l7_ (Printed Name Here) / Notary Public for the State of Montana R 'd' /.7 ""~" I est, mg a~ /~;:5A.(l- [C,r:-tt'? d:.<' _._ My CommlsslOn Explres:ik...6f c:..7L~.;;(t!,'f):3 (Use 4 digits for expiratiMt yeM) Big "R" - DorD Annexation Agreement 15 Big "R" - Dorn Annexation Agreement 16 1111111111111111111111111111111111111111111111111111111 ~:t~;f~~ ~R Sh.ll.y Vano.-Gallatln Co MT MIse EXHIBIT "B" 108.00 WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR GRAVITY SANITARY SEWER AND WATER MAIN IMPROVEMENTS The undersigned owner of real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Lots #3, #4, # II, and # 12 of the Gordon Mandeville State School Section Subdivision located in the southeast one-quarter of Section 36, TI S, R5E, P.M.M., Gallatin County, Montana, being 4.04:1: acres along with and subject to any and all existing easements. IN CONSIDERATION, of receiving approval for annexation of the subject property from the City of Bozeman, along with the accompanying rights and privileges and for other valuable consideration, the receipt of which is hereby acknowledged, have waived and do hereby for itself, it's successors and assigns, waive the right to protest the creation of one or more special improvement districts for improvements, including: 1) gravity sanitary sewer improvements, and 2) water main improvements to serve tlte property as outlined in tlte Wastewater Facility plan, 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 intcntion 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 upon the dissolution of the company provided howcver this waiver shall apply only to the lands hcrein described. The terms, covenants and provisions of the Waiver shall extend to, and bc binding upon the succcssors and assigns of the parties hereto. DATED this -E- day of ,.,,/r}r./_ ,2003. 11111111111111111111111111111111 I111I11 111111111111 1I11 ~J,~i~~?o: Shell.y Vano.-Gallatln Co MT MISC 108.00 LANDOWNER ~/ i .~/ ' ..-/ :2 //( t:-'./1/"l--/l___.....~("7-_. By: JOHN DORN '7d~ JJ6j'~ By: MARK DOUGLASDORN BYtf!fAN~f?w- J2~1- STATE OF MONTANA :ss COUNTY OF GALLA TIN ) On this A2 cl day of '--;/l)~d. ,2003, beforc me, a Notary Public for the State of Montana, pcrsonally appeared John Dorn, representing (john Dorn, Mark Douglas Dorn & Lisa Ann Dorn, known to me to be the persons that executed the foregoing Annexation Agreement, and acknowledged to me that they exccuted the same. Big "R" - Dorn Annexation Agreement 17 IN WITNESS WHEREOF, I have hereunto set my hand and affixcd my official seal the day and year first above written. ., '\' 1 t . '. I '4 . I I..! ~ " \ I '\. '" ,~~.);\ . I " , \ tSMA'i)9)- -'. .. ,-'.,'.' <\ ,d~ t"," ",'- \. .: '.q.O (".(',#~ ~;': S EtAJJ "f' 1 '. . ..,/ /i ,............~. .,' -'-'" "0 ~ J T r. \\ .,..' ,. -~'-"" .t", U,I,.t" " ~--u, S d/7 n utI:? V;/~ /l._ (Printed Name Here) - Notary Public for the State of Montana Residing at Sc?-I Cr r 4__ c/~ .__ My Commission E"xpiresaJtf';c'?t ,;;;60-3 (Use 4 digits for expirati ye") 11111111~111~1I 8111111111111111111111111111111111111 g~;~~,~: , t. Sh.lley Vano.-Gallatln Co MT MISC 108.00 RDOCH, representing OCH FAMILY LIMITED PARTENERSHIP STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this ':O:? 7/}' day of ~77 1<'-(4.. ___, 2003, before me, a Notary Public for the State of Montana, personally appeared John Murdoch, representihg Murdoch Family Limited Partnership, known to me to be the person that executed the foregoing Annexation Agreement, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Big "R" - Dorn Annexation Agreement 18 ,........ v. ~,..)...., ..<~ \i(8f<,?\i~){I. ' " A '" I ~;. " ')'" ." /4, . ,_ ,r,) "hI \ \ .., ;' ')' , . '. : 'r), :' CE' A '( '; . , -\ .- LA , ,~ U I. ., ", ", ,f.:.....4.,.. \ t , I , I ~ N UffSd'1'l /1// V:;O i}kc~n (Printed Name Here) Notary Public for the State of Montana Residing at Be ~f'C:< de.._ My Com.m.ission E ~ire~>~ ~ c:.{ ~0..0D3 (Use 4 dIgIts for explratlb ye~ ) <'j,.,