HomeMy WebLinkAbout00- Bozeman Schoold District Annexation
" j
)1'
1111111111111111111111
Sh.ll.y Vano.-Gallatin CoMT MISC 90.00
I
2022S63
Pili.' 1 of 15
10/10/2000 04:04P
BOZEMAN SCHOOL DISTRICT NO.7
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this 2nd day of
October
2000, 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" and BOZEMAN SCHOOL DISTRICT NO.7, 404
West Main Street, P.O. Box 520, Bozeman, Montana 59771-0520, hereinafter referred to as
"Landowner" .
WITNESSETH:
WHEREAS, Landowner, is owner in fee of a tract of certain real property, hereinafter
referred to as the "BOZEMAN SCIlOOL DISTRICT ANNEXATION" tract situated in Gallatin
County, Montana, and more pal1icularJy described as fl1110ws:
A parcel ofland being described as Lot 4A of Minor Subdivision No. 122A situated in the
southwest one-quarter of Section 26, TIS, R5E, r.M.M., Gallatin County, Montana,
being 27.730 acres along with and subject to any and all existing easements, and being
further described as follows:
Beginning at a point which bears N 62" 51' 17" W a distance of 66.3 7 feet from the S 1/4 of
said Section 26, said point also being on the n0l1h Right-of-way line of a 30 foot wide
dedicated public road; Thence from said True Point of Beginning along said line S
89044'2]" W a distance of ] 171.cn feet to a point being the southeast corner of Lot:) of
said Minor Subdivision No. 221; Thence along the east line of said Lot 3 N 00047'56" E a
distance of 103 1.68 feet to a point being the southwcst corner of Lot I of said Minor
Subdivision No. 22]; Thence along the south line of said Lot I N 88044'46" E a distance
of 1 171.07 feet to a point on the west Right-of-way line of Roxi Lane; Thence along said
line S 00047'56" W a distance of 1031.56 feet to the point of Beginning. Said tract being
27.730 acres, more or less, along with and subject to all easements of fact and record.
WHEREAS, the Landowncr has petitioned the City for anncxation of the contiguous
tract; and
WHEREAS, the BOZEMAN SCHOOL DISTRICT 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 provisions of this Agreement and M.C.A. Title 7, Chapter 2, Part 46.
WHEREAS, all parties recognize that the annexation of the BOZEMAN SCHOOL
DISTRICT ANNEXATION pursuant to Section 7-2-4601, et seq, M.C.A. will entitle the said
propel1y to City services, including municipal water and sewer service, upon their availability; and
JJozemlmScmx/lI)iHdct An ncxat iu riA grcdricnt
1
..
1111111111111111111111
Sh.ll.y Vano.-Gallatln Co MT MISC 90.00
2022S63
Pall.: 2 of 15
10/10/2000 04:04P
WHEREAS, MC.A. Section 7-2-4610 provides that a municipality and landowner can
agree to the provisions of services to the area to be annexed; and
WHEREAS, the City's present water supply and sewer collection system is insuf1icient to
enable it to supply reasonably adequate water and sewer service to additional customers outside
the present city boundaries; and
WHEREAS, all pmiies recognize that the development of the BOZEMAN SCHOOL
DISTRICT ANNEXATION will impact area streets, and that future improvements may require
additional public street improvements for traftic circulation; and
WHEREAS, the Landowner wishes to convey to the City ceJ1ain water rights or take
some equivalent action to provide water and sewer service to the BOZEMAN SCHOOL
DISTRICT ANNEXATION; and
WHEREAS, the Landowner tinds that this Agreement will provide for the most
satisfactory and dependable water supply and sewer supply or service available to furnish water
and wastewater collection, and provide traffic circulation for developmcnt near and within the
BOZEMAN SCHOOL DISTRICT ANNEXATION; and
WHEREAS, the making and performance of this Agreement is desirablc to promote the
development of the most adequate water supply, wastewater collection and tratlic 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, wastewatcr collection, and traf1ic
systems by the City is necessary and of mutual advantage to thc partics hereto
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 wclfare of the community to enter
into and implement this Agreement.
WITNESETH:
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 BOZEMAN SCHOOL
,l}Ozeirtllu .SchonlUistrictA n Hexllt ion AgreenlCnt
2
11111111111111111111 II
Shell.y Vano.-Gallatln Co MT MISC 90.00
2022563
Palle: 3 of 16
10/10/2000 04:04P
DISTRICT ANNEXATION with the City. The City, on October 18, 2000, adoptcd a Rcsolution
of Intcnt to Annex the BOZEMAN SCHOOL DISTRICT ANNEXATION. By cxccution of this
Agrecmcnt, the City has manifested its intention to anncx the BOZEMAN SCHOOL DISTRICT
ANNEXATION tract pursuant to the terms and conditions of this Agreemcnt. Subjcct to the
provisions of Title 7, Chapter 2, Part 46, the City shall, upon cxecution of this Agrcement, adopt
a Resolution of Anncxation of the BOZEMAN SCHOOL DISTRICT ANNEXATION to the
City. Further, upon the exccution of this Agreemcnt, the Landowner, shall do all things
ncccssary and proper to aid and assist the City in carrying out the terms, conditions and
provisions of this Agrccmcnt and effectuate the anncxation of the BOZEMAN SCHOOL
DISTRICT ANNEXATION tract to the City.
3. Services Provided
The City will, upon annexation, makc available only existing City scrviccs to thc cxtcnt
currcntly available, including municipal watcr scrvice, municipal sewer scrvicc, policc
protection, and fire protection, to the BOZEMAN SCHOOL DISTRICT ANNEXATION, as
provided in this Agrcemcnt.
Landowncr acknowledgcs that municipal water service is initially provided to
BOZEMAN SCHOOL DISTRICT ANNEXATION tract to obtain a full building pcrmit for
combustible materials to proceed with further construction of the bus barn/maintenance facility
currently undcr construction on said tract. Landowner further acknowledges that municipal
water service may nol bc potable for domestic use, but may bc used for other purposes, including
but not limitcd to, municipal fire protection facilities. Landowner acknowlcdges that due to the
length of municipal water main extension to provide lnunicipal firc protection facilities and lack
of end users of water scrvice, Landowner agrces to rcimburse the City for maintenance of water
main exlension, including staff time for flushing and cost of municipal water consumcd for
fl ushing.
4. Municipal Water Scrvice Defincd
The term "municipal water service" as is used in this agrccment shall be the service which
is sllPplicd by the City in accordal1cc with Chapter 13.12, Bozeman Municipal Codc, or as may
be amended, as well as any other terms and conditions which apply to the City's provision of this
service. Thc tcrm does not conlemplate the extension of lines or construction of necessary
Bozeman School District Annexation Agreement
3
"
1111111111111111111111
Sh.ll.y Vanoe-Gallatin Co MT MIse 90.00
2022563
Pall.: 4 of 16
10/10/2000 04:04P
improvements at any cost to the City for dclivcry of water to and within thc BOZEMAN
SCHOOL DISTRICT 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 BOZEMAN SCHOOL DISTRICT ANNEXATION to include, but not limited
to, any impact fees, hook-up, conncction, or development chargcs which have been or may be
established by the Ci ty.
5. Municipal Sewer Service Defined
The term "municipal sewcr service" as is used in this Agreement shall bc thc scrvice
which is supplied by thc 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. Thc term does not contcmplate the extension of lincs or construction of necessary
improvements at any cost to the City for collection of sewage at and within the BOZEMAN
SCHOOL DISTRICT ANNEXATION. Nothing in this Agrcement shall obligate the City lo pay
for right-of-way acquisition, engineering, construction, and other costs for thc collcction of
sewage services to or within thc BOZEMAN SCHOOL DISTRICT ANNEXATION to include,
but not limited to, any impact fees, hookup, connection, or developmcnt charges which may be
established by the Cily.
6. Water Rights
The parties acknowledge the following City policy:
Prior to annexation of property, it shall be the policy of thc City of Bozeman to acquire
usable water rights, or an appropriatc fcc in lieu thereof, equal to thc anticipated average
annual consumption of water by residents and/or users of the property when fully
developed. Thc fce may be used to acquire water rights or for improvements to the water
systcm which would create additional watcr supply capacity. Except, howevcr, that for
any anncxation in excess of tcn (10) acres, this policy shall be carried out prior to final
plat approval of each development phase.
Section 2, No.5, Commission Resolution 3137, Adoptcd August 19, 1996
'fhe Landowner understands and agrees that they must provide sufficient water rights in
accordance with thc City's policy according to the following schedulc:
BOZEMAN SCHOOL DIS11UCT ANNEXA lION, consisting of a total of
27.730 acres, a proportionate acreage for the existing bus barn/maintenance
facility, and the remaining acreage prior to filing of any final subdivisio1l plat
or final site plan approval, whichever occurs .first that will create additional
subdivision lots or development proposals.
Should the Landowner create additional subdivision lots with furthcr subdivision of said
Bozeman School J)jstrict Annexation Agreement
4
"
1111111111111111111111 ~~;~~5:?~p
Sh.ll.y Vano.-Gallatin Co MT MIse 90.00
property, the Landowner shall providc sufficient water rights or cash-in-lieu as calculated by the
City in accordance with its policy at the time of calculation. Thc Landowner further understands
that the City will calculate the average annual divcrsion requirement necessary to providc water
to this annexation tract on thc basis of the zoning designation and/or City-approved development
for the property at the timc such calculation is made.
7. Comprchensive Water and Water Design Report
Prior to future development of the property, thc Landowner may be required to have
preparcd by a Professional Engineer, at Landowner's expcnse, a comprehensive design report
evaluating existing capacity of sewcr and water utilities in the area. Thc report must include
hydraulic cvaluations of each utility for both existing and post-dcvclopment 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 rcquircd for full development. The Landowncr agrees to
complelc at Landowner's expense, the necessary system improvemcnts to scrvc the full
development.
8. I~'uture Developmcnt Limitations
Landowner understands and agrees that substantial limitations for growth exist in the
wastcwater collection systcm for this property which will necd to be addressed in conjunction
with devclopmcnt of the parcel. Watcr prcssure is also minimal in this area and individual
booster pumps may bc required for servicc. Thc futurc developer will be responsible for
installing any facilities requircd 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 understands and agrces that thcre is no
right, either granted or implicd by the City, for the Landowner to dcvelop any of the BOZEMAN
SCHOOL DISTRICT ANNEXATION until it is vcrified by the City that necessary municipal
scrviccs, including but not limitcd to police and fire protection, and sewer and water capacity, arc
available to all or a portion of thc BOZEMAN SCHOOL DISTRICT ANNEXATION.
9. Stormwater Master Plan
Landowner understands and agrees that a Stormwaler Masler Plan for the BOZEMAN
SCHOOL DISTRICT ANNEXATION for a system designed to remove solids, oils, grease, and
Bozeman School District Annexation Agreement
5
111111111111111111111111111
Shell.y Vano.-Gallatin Co MT MISC 90.00
2022563
Pall.; 8 of 16
10/10/2000 04:04P
other pollutants from lhe runoff from the public streets may be required to bc providcd to and
approved by the City Engineer at the time of any future dcvclopmcnt. The master plan, if
required, must depict thc maximum sized retcntion/detention basin location and locate and
provide casements for adequatc drainage ways within the arca to transport runoff to the
stormwaler rcceiving channcl(s). The plan shall includc site grading and elevation information,
typical stormwater dctention/retention basin and discharge structurc details, basin sizing
calculations, and storm water maintenance plan.
10. Traffic Analvsis Report
Landowner understands and agrees that a detailed Traffic Analysis R.eport(s) may be
requircd to bc submitted at thc time of future developmenl of any portion of the annexed
property.
11. Waiver of Right-to-Protest Special Improvement Districts
Landowner has executed a Waivcr of Right-to-Protest Creation of Special Improvement
Districts for maintenance of any parks within the annexed arca and/or of a City-wide Park
Maintenance District, and Waivers of Right-to-Protest Creation of SpeciallInprovcment
Districts, which would provide a mechanism for thc fair and equitable assessment of
maintcnance costs for such parks.
Landowncr has further executcd a Waiver of RighHo-Protest Creation of Special
Improvement Districts for improvcments, including: 1) Street improvcments, including paving,
curb/gutter, sidewalk, and storm drainage facilitics, and any associated traffic signals for the
following streets: a) North 2Th Avenue, and b) Catron Street; and, 2) Trunk sewer main
improvements to serve the property as outlined in thc Wastewater Facility plan. Said Waivcrs
are attached hereto as Exhibit "A" and Exhibit "B", and arc hereby incorporated in and madc a
part of this Agreement.
Landowncr agrees that in thc cvent an S.LD. is not utilized for the cOlnpletion of thesc
improvements, the dcvcloper agrees to participatc in an alternative 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. Utility Easements
Bozeman School District Annexation Agreement
6
1111111111111111111111
Sh.ll.y Vanoe-Gallatin Co MT MISC 90.00
2022563
Pall.: 7 0' 16
10/10/2000 04:04P
Thc Landowner undcrstands and agrees that utility eascments, a minimum of thirty (30)
feet in width, may bc necessary for thc installation and maintenance of water and sewer util ity
services to the annexcd parcel. The Landowncr shall create such easements in locations
agreeable to the City during the appropriate dcvelopmcnt procedures, but in no cvent later than
thc filing of any final plat or site plan review or issuance of a building permit on the parcc1(s).
13. Impact Fees
Landowners hereby acknowledge that annexation and development of their property will
impact the City's existing strcet, water and scwcr infrastructure, and fire service rcquircmcnts.
There are no existing structures on the propcrty. At the time new structures apply to the City's
Water and Sewer facilities, the Landowners shall pay all Water and Sewer Impact Fccs which arc
due. The Landowncrs and their successors shall pay all Fire, Street, Water and Sewer Impact
Fees required by chapter 3.24, Bozeman Municipal Code, or as amendcd, at the time of
application for any permit listed in Section 3.24.050A, 3.24.060A, 3.24.070A, or 3.24.080A,
respectivcly. If the impact fecs currently imposed pursuant to Chapter 3.24 of the Bozeman
Municipal Code are subsequcntly voided or declared invalid by a court of competent jurisdiction,
Landowners agree to pay the City fees or asscsslllents established by the City for impact on City
scrvices in accordance with a new or revised Chaplcr of thc Bozclllan Municipal Code lawfully
enacted as a rcsult of such court dccision after the date of the court decision. If, prior to
enactment of such revised Chaptcr, the Landowner applies for any permit which actuatcs or
would have actuated impact fccs pursuant to the current Chapler 3.24 of the Bozcman Municipal
Code, the Landowner further agrees to pay at that time, thc amount calculated for all such fees
based upon the rates established at the date of this agreelllcnt.
If the Court above declares Chapter 3.24 of thc Bozclllan Municipal Code invalid, and if
landowner would have been entitled to a refund undcr 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 thc court's decision shall be held in escrow until a revised Chapter of thc Codc
is enacted after the Court's decision.
At the time the revised codc is enacted, then all such fees held in escrow shall be released
to the city and the balance, if any, returned to the landowner. All accumulatcd interest on the
sum held in cscrow shall be releascd to thc City or landowner on the same percentage as the
Bozcman School District Annexation Agrecmcnt
7
"
1111111111111111111111
Sh.ll.y Vano.-Gallatln Co MT MISC 90.00
2022SS3
Pall.' 8 or 15
10/10/2000 04,04P
money released to either party bears to the total sum held in escrow.
Landowncrs further understand and agree that any improvements, cither on- or off-sitc,
necessary to provide connection of Annexation Tracts to municipal scrviccs which arc wholly
attributable to the property are "projcct related improvements" as defincd in Chaptcr 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 thc time such is to be performed, and should
default not be remedied or corrcctcd within thirty (30) days after writtcn noticc by City to
Landowners of such default, City may at their option:
A) Declarc thc amounts owing for impact fecs immcdiateIy due and payable
and City shall have the right and privilegc 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 thc premiscs.
B) Elect any other rcmcdy available to City under the laws of thc Stale 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 fecs imposcd 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 dcclaration or judgment and, therefore, nolwithstanding
any judgmcnt either limiting impact fee payments undcr anncxation
agrcClllents to specified amounts, or prohibiting any such payment,
landowncr will pay such amount as spccificd abovc.
14. Additional Terms of Waivers
The parties recognizc that thcse documents shall be filed and of record with the Gallatin
County Clcrk and Recorder prior to the salc of any land with the BOZEMAN SCHOOL
DISTRICT ANNEXATION. The parties further agree that the City may file these documents at
any time.
15. Governing Law and Venue
This agrecment shall be construcd under and governed by the laws of the state of
Montana. In the cvcnt of litigation, venue is in thc Eightccnth Judicial District Court, in and for
County of Gallatin, State of Montana.
16. Attorney's Fees
In the cvcnt 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 prevailing party shall be
cntitled to reasonable attorney's fccs and costs, to include the salary and costs of in-house
Bozeman Scho()1 District Annexation Agreement
8
1111111111111111111111 ~~~~~~=,
Sh.ll.y Vano.-Gallatin Co MT MISC 90.00
counsel including City Attorncy.
17. Waiver
No waiver by either party of any breach of any tcrm, covcnant or agreement shall be
deemed a waivcr of the same or any subsequent breach of this same or any other term, covenant
or agrecmcnt. No covenant, tcrm or agreement shall be dcemed waived by either party unless
waived in writing.
18. Invalid Provision
The invalidity or uncnforceability of any provision of this agreement shall not affcct thc
other provisions hereof, and this Agreement shall be construcd in all respects as if such invalid or
unenforceable provision werc omitted.
19. Modifications or Alterations
No modifications or amendment of this Agrcement shall be valid unless cvidenced by a
writing signcd by the parties hcreto.
20. No Assignment
It is cxpressly agreed that the Landowner shall not assign this Agreemcnt in whole or in
part without prior writtcn consent of thc City.
21. Successors
This Agrcement shall be binding upon, inure to thc benefit of and be enforceable by thc
parties hereto and their respective heirs, successors and assigns.
22. Covenants to Run with the Land
The parties intend that thc tcrms of this Agreement shall be covcnants running with the
land and shall not expire at their dcaths or upon transfer of ownership of the property.
The undcrsigned Landowncr affirms that they have authority to cnter into this Agreement
on behalf of thcir corporation, and to bind the corporation to this Agrecmcnt
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
thc day and year first above written.
Bozcmun School Uistrict Anncxution Agreement
9
1111111111111111111111 ~;~~~,~~p
Shall.y Vanoa-Gallatin Co MT MISC 90.00
LANDOWNER
By MICHAEL REDBURN, Superintendent
BOZEMAN SCHOOL DISTRICT NO.7
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this ,..;2 / day of cSi/>l-F..,rloe/7 , 2000, before me, a Notary Public
for the State of Montana, pcrsonaUy appeared Michael Redburn, Superintcndcnt of Bozcman
School District No.7, known tome to be the person that executed the forcgoing Anncxation
Agreemenl, and acknowledged to me that hc/she executed the same for and on behalf of said
school district.
IN WITNESS WHEREOF, I have hcreunto set my hand and affixed my official seal the
day and year first abovc written.
~7;7/
Notary Public for the Statc of
Montana.
Residing: &~.cn'1~ bu.""?!,.) d iJ",vrj
Commission Expires: ..J}'~y' 2'~ Zoo,/,
..\ \ \.., ~"... u,. ""I';
.."" \\ \). .; O.t;"".
.......,...'f!.\~)'.',....,..,...;'I~ ';'-tII'
/~~NmAil,.~~;:\
; .> { S E'AL j }
~ . . ~
!II:.., , ... "..... ~
"". ":.\ II".. ..t.. _,'t.l l
',-(,";:0. ...........,'\~. _-" CITY OF BOZEMAN
'...." fir t~o,..,_,"
Ij,~ li"l f IH\\"'1'~'
-:.\_-"\....
,.::.\ ~"""",,...
.
By: CLARK V. JOHNSON, City Manager
ATTEST:
r2k of ~
Clerk of the City Commission
STATE OF MONTANA )
:ss
COUNTY OF GALLA'fIN )
On this 2i':.!- day of {\.ddJei/r , 2000, before me, a Notary Public
for the state of Montana, personally appeared Clark V. Johnson and Robin Sullivan, known to
me to the pcrsons described in and who executcd thc foregoing instrument as City Manager and
Clerk of thc City Commission rcspcctivcly, of the City of Bozeman, whose names are subscribed
to the within instrument and acknowledged to mc that thcy cxccutcd the same for and on behalf
of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official scal thc
Bozeman School District Annexation Agreement
10
day and year first abovc written.
Notary Publi
Montana
Rcsiding: ~ If;PtJrlrvL-
Commission Expires: 10/, Xi t2 (
..-.~~.,. .,
,,~.
. "", P A 'r.:.
~~niiJaJPSe~~t
...,. .' '''. . fJ'J..? '
1";, '. .'. ". tt1 ... "'. . -
Q' :' 1"\ .' -- \:
.: ." ',::.":: !-y - U
t ~ '''\''''..: te ....).~
.~, 0 ~!:.'....:.,.......>~ ~'.'.-;
, -I-..!!- ^- . f
~.A' ,'"
. '.Y 4':" .......,.. ~' .
'1 -"' ,.
'JI,r~. ' '3~ ;
.....,.".... ..
Bozeman School District Annexation Agreement
1111111111111111111111 ~;~~~,~~p
Sh.ll.y Vanoe-Gallatin Co MT MISC 90.00
II
11111111111111111111
Sh.ll.y Vanc.-Gallatln Co MT MISC
112022563
Pall.: 12 of 16
10/10/2000 04:04P
90.00
EXHIBIT "A"
WAIVER OF RIGHT-TO-PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICT
FOR A CITY-WIDE PARK MAINTENANCE DISTRICT
BOZEMAN SCHOOL DISTRICT ANNEXATION TRACT
The undersigned owner of thc rcal property situated in thc County of Gallatin, State of
Montana, and more particularly described as follows:
A parcel of land bcing dcscribed as Lot 4A of Minor Subdivision No. 122A siluated in the
southwest onc-quarter of Section 26, TIS, R5E, P.M.M., Gallatin County, Montana, being
27.730 acres along with and subjcct to any and all existing easements oUact and record.
IN CONSIDERATION of receiving approval for anncxation of the subject property from
the City of Bozeman, along with accompanying rights and privileges and for othcr and valuable
consideration, thc receipt of which is hereby acknowledged, and in recognition of the impact to City
parks which will be caused by the developmcnt of thc above-described property, the owner has
waivcd and do hereby waivc for itself, its successors and assigns, thc right to protest the creation of
one or more spccial improvement districts for maintenance of any parks within the annexed area
and/or (~la City-wide Park Maintenance District, which would provide a mechanism for the fair
and cquitable assessmcnt of maintenance costs for City parks, or to make any written protest against
thc size or area or crcalion of the district bc asscsscd in response to a duly passcd rcsolulion of
intention to crcate 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 expirc with thc
dissolution of the corporation, providcd howcvcr this waiver shall apply to the lands hcrcin
dcscribed.
The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the
successors-in-interest and assigns of the parties hcrcto.
DATED this.2.L day of S:;/}7E/,Wb.t:-/i'.
,2000.
LANDOWNER
~/~
~/ .......... . ./'
L~~'~~ . ' .' p".~/,j
By MICHAEL REDBURN, Superintendent
BOZEMAN SCHOOL DISTRICT NO.7
Rozeman School District Annexation Agreement
12
II "II" I" I" " "II" ~~;~~~'~~P
Sh.ll.y Vano.-Gallatin Co MT MISC 90.00
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this :5l:2 day of c!iuc.:.,e;.-?1s.&e ,2000, bcforc mc, a Notary Public for
thc Statc of Montana, personally appeared Michael Redburn, Superintendent of Bozeman School
District No.7, known to me to bc the person that executed the foregoing Annexation Agreement,
and acknowledged to me that he exccuted thc same for and on behalf of said school district
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
p{~-
-
Notary Public for the Stalc of
Montana.
Rcsiding: &u;.-nt~ 4 brlL(.;fp/J d.
Commission Expires: /11'122. ZI.X>Y
~ ,\\HHUUHI" "'Jf'~
..~.f~~~.tJ~.'i)""",
.:" ~ ..- .~Ut ~~
/ff/\\~ lAR14( .......~~\
\ \.SEAL.1 ~
'!"~ ..A 411". ..~.." 1""."
~ a~ .. " ,"-.
"'41'" ~1'. i1..III'**U.....~,~..
~ifl1 ~ {}~ t-C~\ \' )~~-'
~/" "" ~ ~
II'U,.."t"I,\
Bozeman School District Annexation Agreement
13
l[~ ~>>1f."1 ,t,t 1~ll~ ~j.ll1l1l J /111 ~~~~~?-~,
EXHIBIT "8"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR PAVEMENT. CURB. GUTTER. SIDEWALK. AND DRAINAGE
IMPROVEMENTS TO NORTH 27TI1 AVENUE AND CATRON ROAD
The undersigned owner of real property situated in the County of Gallatin, State of Montana,
and morc particularly described as follows:
A parcel of land being described as Lot 4A of Minor Subdivision No. 122A situated in the
southwest one-quarter of Section 26, TIS, R5E, P.M.M., Gallatin County, Montana, being
27.730 acrcs along with and subject to any and all cxisting easements of fact and record.
IN CONSIDERATION, of receiving approval for annexation of the subject property from
the City of Bozeman, along with the accompanying rights and privilcgcs and for other valuable
consideration, the reccipt of which is hcreby acknowledged, have waived and do hereby for itself,
it's succcssors and assigns, waive the right to protcst the creation of one or more special
improvement districts for street improvements, including paving, curb, gutter, and sidewalk to City
street standards, and storm drainage facilities, and any associated traJlic signals for the following
streets: a) North 2J1" A venue, and 2) Catron Road, 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 crcate one or marc spccial improvcmcnt districts which would incl udc the above-described
property.
This waiver shall bc a covenant running with thc land and shall not expire upon thc
dissolution of thc company providcd however this waiver shall apply only to the lands hcrein
described.
The terms, covenants and provisions of the Waiver shall extcnd to, and be binding upon the
succcssors and assigns of the parties hcrcto.
DATED this :22 day of ..s.;,=-,r~~d
,2000.
LANDOWNER
~ 1./'
, / / ./
~ ..... i'~" ,/ ...............
~~: ./"~4~
By MICHAEL REDBURN, Supedntcndent
BOZEMAN SCHOOL DISTIUCT NO.7
Uozeman School District Annexation Agreement
14
,.
1111111111111111111111 ~~~~~~~,
Sh.lley Vanoe-Gallatin Co MT MISC 90.00
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On lhis 2'/ day of ~?Fr"r1)3C-1l. , 2000, before me, a Notary Public for
I .
thc Statc of Montana, personally appeared Michael Rcdburn, Superintendent of Bozcman School
District No.7, known to me to be thc pcrson that executed the foregoing Anncxation Agreement,
and acknowledged to mc that he executed the same for and on behalf of said school district
IN WITNESS WHEREOF, I have hereunto sct my hand and affixed my official scallhc day
and year first above written.
#) -=-cL-
Notary Public for the State of
Montana. ~
Residing: &Up?~ AtDfT;'~ c.;.
Commission Expires: 47 2-;:',. 20vY
,,(,N{)ta\tmNi.et~1 )
", ..... \\\,). \10 ",
......... ....~ 'V ...111....11. ",/,,1 "",
.' ~".\ .' '. ""~ .
f:; /.\\OTA...R/4/.'t;\
-. .' (. '~l
~ ~ SEAL j E
~ li'.~:- : ~
~ .,. ... <.' .. to
~ " II.... ,fj....~
..,,,, "'I.. 'I' ..' ~~T '"
..., '~ .....,....' ~"\ ~'l,<:"
I~." 0, MO~\"'{ ,.",.
I 'II~ It 'f..' '"t"'~'.' \
Bozeman School District Annexation Agreement
15
,
i>ii:,(),~l".l [) 1'/"(\1
1111111111111111111111111111111111111111111111111111111 ~~~3~r~?~p
. ,
Sh.ll.y Vano.-Gallatin Co MT MISC 12.00
BOZEMAN SCHOOL DISTRICT NO. 7
ANNEXATION AGREEMENT
AMENDMENT
THIS AGREEMENT is made as of this 24th day of June ,2002, bctween THE
CITY OF BOZEMAN a municipal corporation and political subdivision of the State of Montana
with officcs at 411 East Main Street, Bozeman, Montana, 59771-0640, referred to as "City," and
BOZEMAN SCHOOL DISTRICT NO. 7,404 West Main Street, P.O. Box 520, Bozeman, Montana,
5977 I -0520, referred to as "Landowner."
WHEREAS, on October 2, 2000, City and Landowner made and executed a certain wTittcn
Annexation Agreement, that was attested, acknowledged and recorded in the office of the Clerk and
Recorder for Gallatin County, Montana.
WHEREAS, City and Landowner mutually desire to amend the above-described Annexation
Agreement by including the vacated Roxi Lane right-of way within the tract of land to be annexed
to the corporate limits of thc City of Bozeman.
NOW THEREFORE, in considcration of the mutual covenants contained hcrcin, thc partics agree
as follows:
1. RECIT AL of the original agreement relating to the tract of real property to be
annexed to the City of Bozeman is amcnded to read:
"WHEREAS, Landowner is owner in fee of a tract of certain real property,
hcreinaftcr referred to as the BOZEMAN SCHOOL DISTRICT
ANNEXATION tract, situated in Gallatin County, Montana, and more
particularly described as follows:
A tract of land being Lot 4A of Minor Subdivision No. 22lA, and
the adjacent abandoned portion of Roxi Lane, located in the
Southwest one-quarter of Section 26, Township I South, Range 5
East, Principal Meridian Montana, City of Bozcman, Gallatin
County, Montana and being further described as follows:
Beginning at the Southwest corner of said Lot 4A. Thencc North
00'48'34" East along the West line of said Lot 4A, a distance of
1031.68 feet. Thence North 89'44'54" East along the North line of
said Lot 4A and an extension thereof, a distance of 1231.08 fcet to
the East line of said Southwcst one-quarter. Thence South 00"48'34"
West along the East line of said Southwest one-quarter, a distance of
1031.68 feet. Thence South 89044'54" West along the South line of
said Lot 4A and an extension thereof, a distance of 1231.08 feet to
the point of beginning.
Said tract of land being 29.152 acres along with and subject to any
existing easements."
,. .'..
1111111111111111111111111111111111111111111111111111111 ~~~~f ~~
Sh.ll.y Vano.-Gallatln Co MT MISC 12.00
"
2. Except as specifically amended herein, the Original Agreement of October 2,
2002, shall remain in full force and effect and the parties shall be bound by all terms
and conditions therein.
IN WITNESS WHEREOF, the parties hereto have caused this Annexation Agreemcnt
Amendment to be executed the day and year first above written.
~~
By MICHAEL REDBURN, Superintendent
BOZEMAN SCHOOL DISTRICT NO.7
ST ATE OF MONTANA)
:ss
County of Gallatin )
On this 13- day of :k,Altf , 2002, before me, a Notary Public for the State of Montana,
personally appeared Michae:l Redburn, Superintendent of Bozeman School Disttict No.7, known
.t~'~"l~It1()'4~he person that executed the foregoing Annexation Agreement Amendment, and
i<:~~uo'tVr~,? me that he executed the same for and on behalf of said School District.
.7 (.~.' ~'U n/A~'" 0 :..
j ~';l ~'..of_tW' . I1~$s WHEREOF, I have hereunto sct my hand and affixed my seal the day and year
~. ~i~Er' '- l!ove;
~,._ "'"-"oil ' .......!
.".;......,{~,\. ...... ',...... II" I!I. '~... ;~
"-No1#,J~B~~C"t'6rthe State of 4/v'TMA
Resicling;lt: &u:m11,u,.' ~'t.A"N ~
Commission Expires:fi1o/ 2'2; ".ov'
/
, .. '," ~ .. .
.1 '.'. .' ."
, . ~ .' ....:l!} 1'4 :'
.<" '""...~t...t ,:. 1
',. .'j ,'. . "'~\.\"f \"
" '. .. ..;y,', \' '.'
" .'w'~). )"L< ,\, (0-' J, , ~
- " ft r-J", if ti- '
'i' . ,Jo'. ...r..-.~ . .....,~~;' 'il-;J. ~ .. ...~~".'
...,.,~:.,
ClerK:~1P.e c;tty gomini'ssion
~;~ ') "'~,.,,} '::' ..:~, .,....'
STATE OF MbNTANA )
:ss
County of Gallatin )
7"
On thedL day of , 002, before me, a Notary Public for the State of
Montana, personally appear AND ROBIN L. SULLIVAN, known to me to
be the City Manager and Clcrk 0 t ~ City C~mission respectively, of the City of Bozeman, whose
names are subscribed to thc within instrument and acknowledged to me that they executed the same
for and on behalf of said City.
IN WITNESS WHEREOF I have here oto set my hand and affixed my seal on the day and
year first written above.
J? d; fA 4 P /oJ t/ 4Cct{
.,/"/ otary Public for the State of Montana
Residing at Bozcman, Montana
My Commission Expires: 10 ./.,j-',(CJj.
4