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HomeMy WebLinkAbout02- Butcher, Harrington, Todd & Davis Annexation Agreement .. Sn.ll.y Vano.-Gallatln Co MT MISC 128.00 , ~ ... c.. 1111111111111111111111111111111111111111111111111111111 ~~7~~~~!~" BUT .. HER, HARRINGTON, TODD & DAVIS ANNEXATION AGREEMENT THIS AGREEMENT is made and entered into this _tUb. day of February ,2002, by and between the CITY OF BOZEMAN, a municipal corporation and political subdivision ofthe State of Montana, with ofIices at 411 East Main Street, Bozeman, Montana 59771-0640, hereinafter referred to as "City", and Wallace Gary and Dorothy M. Butcher, 3017 West Babcock Street, Bozeman, MT 59718, Frank R. and Dora B. Harrington, Trustees for Frank R. Harrington Trust <md the Dora B. Harrington Trust, 3125 West Babcock Street, Bozeman, MT 59718, Frank Harrington, President of Harrington, Inc., 3125 West Babcock Street, Bozeman, MT 59718, and Daryl D. Todd, Richard K. Davis, and David W. Davis, 17500 Wilson Creek Road, Gallatin Gateway, MT 59730, hereinafter referred to as "Landowners". WITNESSETH: WHEREAS, the Landowners are owners in fee of a tract of celiain real property, hcreinafter referrcd to as the BUTCHER, HARRINGTON, TODD AND DAVIS ANNEXATION, situated in Gallatin County, Montana, and morc particularly described as follows: Harrington Property: All that portion of the S 12, NW 1;4 of Section 11, Township 2 South, Range 5 East, within the following metes and bounds, to-wit: Beginning at a point in the South line of the S 12, NW 1;4 of Section 11, T2S, R5 E, said point being 665.4 feet East of the Southwest comer thereof; thence North 1335.87 fcet, more or less to a point in the North of said S Yz, NW 1;4, said point being 708.4 feet East ofthe Northwest corner thereof; thence East along the North line of said S )/2, NW1;4 330 feet; thence South 1335.56 feet, more or less, to the South line of said S 12, NW 14; thence West along said South line 330 feet to the place of beginning: EXCEPTING THEREFROM, the following described tract: Beginning at a point 910.4 feet, more or less, East oCthe Southwest comer ofthe S 12, NW 1;4; thence North 230 feet to a point; thence East 85 feet to a point; thence South 230 feet to a point; thcnce West 85 feet to the point of beginning, all of the abovc bei ng within the S 1 /2, N W 1;4 of Section 11, T2S, R5 E, PMM, Gallatin County, Montana, according to the survey recorded in Book 138 of Deeds, page 326. Aforesaid parcel ofland being previously dcscribed in Warranty Deed recorded in Film 35, page 1633, records of Gallatin County, Montana. Todd and Butcher Property: All that portion of the S 12, NW 1;4 of Section 11, Township 2 South, Range 5 East, PMM, within the following metes and bounds, to-wit: Beginning at a point in the South line of the S 12, NW 1/4 of said Section 11, T2S, R5E, said point being 995.4 feet East of the Southwest comer thereof; thence North 1335.56 feet, more or less, to a point in the North line of said S 12, NW 1/4, said point being 1038.4 feet east of the Northwest corner thereof; thence East along the North line of said S 12, NW 14, 330 feet; thence South 1335.25 feet, more or less, to the South line of said S Y2, N W 1;4; thence West along said South line 330 feet, to the place of beginning. (Deed Reference in Book 104 ofDeecls, Page 335, records of Gallatin County, Montana.) IllJTCHER, HARRINGTON, TODD & DAVIS ANNEXATION AGREEMENT Shelley Vanoe-Gallatin Co MT MISC 126.00 1111111111111111111111111111111111111111111111111111111 ~~;~~t:!~, EXCEPT THAT a parcel ofland described as follows will be excludcd from the annexation: Beginning at a point which bears N0l1h 89*24' East, along the South line ofthe said S 1"2, NW 14, a distance of 1188.4 feet from the West one quarter comer of said Section Eleven (8 11), Thence North 0*46' East a distance of 349.50 feet, Thence North 89*27' East a distance of 137.0 feet, Thence South 0*46' West a distance of349.50 feet, Thence South 89*24' West along the South line of said S 1"2, N W 14, a distance of 137.0 feet to the point of beginning, containing 1.10 acres, more or less. WHEREAS, the Landowners have petitioned the City for annexation ofthe contiguous tract; and WHEREAS, the BUTCHER, HARRINGTON, TODD & DAVIS ANNEXATION is not within the corporate limits ofthe City or other municipal ity but is contiguous to the City and may therefore be annexcd to the City in accordance with the provisions of this Agreement and M.C.A. Title 7, Chapter 2, Part 43. WHEREAS, all parties recognize that the annexation ofthe BUTCHER, lIARRINGTON, TODD & DAVIS ANNEXATION pursuant to Section 7-2-4301, et seq., M.C.A., will entitle the said property to City services, including municipal water and sewer service, upon their availability; and WHEREAS, M.C.A. Section 7-2-4305 provides that a municipality and landowners can agree to the provision of services to the area to be annexed; and WHEREAS, the City's present water supply is insufficient to enable it to supply reasonably adequate water service to additional customers outside the present city boundaries; and WHEREAS, the Landowners wish to convey to the City certain water rights or take some equivalent action to provide water and sewer service to the BUTCHER, HARRINGTON, TODD & DAVIS ANNEXATION; and WHEREAS, all parties recognizc that the development of the BUTCHER, HARRINGTON, TODD & DAVIS ANNEXATION will impact West Babcock Street, and will require additional puhlic street improvements for traffic circulation; and WHEREAS, the Landowners finds that this Agreement will provide for the most satisfactory and dependable water supply or service available to fumish water and provide traf1ic circulation lor development near and within the BUTCHER, HARRINGTON, TODD & DA VIS ANNEXATION; and WHEREAS, the making and performance of this Agreement is desirable to promote the development of the most adequate water supply and traffic circulation pattern for the City as it now BUTCHER, HARRINGTON, TODD & DAVIS ANNEXATION ACiREEMENT 2 .. 111111111111111111111111111111111111111111111111111111I ~~~~~~~!~~ Shelley Vanoe-Gallatin Co MT MISC 126.00 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 thc City and the Landowners, and in furtherance of the public health, safety and welfare ofthe community to cntcr into and implement this Agreement. IN CONSIDERATION of thc mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. Recitals. Frank and Dora Harrington, Daryl Todd, Richard Davis, and David Davis have granted easement to thc City of Bozeman for one-halfofa 90-foot right-of-way (45 feet) for Babcock Street. Wallace Gary and Dorothy Butcher have granted an easement in front of their property which is cxcepted from this Annexation for 32.5 feet for Babcock Street. Wallace Gary and Dorothy Butcher further understand and agree that an additional 12.5 feet of easement in front oftheir property which is excepted from this Annexation, will be grantcd to the City for Babcock Street upon the sale of the property or upon annexation of said property, house and acreage, whichever occurs first. 2. Annexation. The Landowner filed an application for annexation ofthe BUTCHER, HARRINGTON, TODD & DAVIS ANNEXATION with the City. The City, on August 13,2001, adopted a Resolution of Intent to Annex the BUTCHER, HARRINGTON, TODD & DAVIS ANNEXATION. By execution ofthis Agreement, the City has manifested its intention to annex the BUTCHER, HARRINGTON, TODD & DAVIS ANNEXATION tract pursuant to the tenns and conditions of this Agreement. Subject to the provisions of Title 7, Chapter 2, Part 43, the City shall, upon execution of this Agreement, adopt a Resolution of Annexation of the BUTCH ER, HARRINGTON, TODD & DAVIS ANNEXA nON to the City. Further, upon the execution of this Agreement, the Landowners 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 elTectuate the annexation of the BUTCHER, HARRINGTON, TODD & DAVIS ANNEXATION 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 scrvicc, municipal sewer service, police protection, and fire BUTCHER, HARRINGTON, TODD & DA VIS ANNEXATION AGREEMENT 3 1111111111111111111111111111111111111111111111111111111 ~~~~i4~!~ Sh.ll.y Vano.-Gallatln Co MT MISC 126.00 protection, to the BUTCHER, HARRINGTON, TODD & DA VIS ANNEXATION, as provided in this Agreement. 4. Municipal Water Service Defined. The tcrm "municipal water scrvicc" as is used in this Agreement shall be thc scrvicc which is supplied by the City in accordance with Chapter 13.12, Bozcman Municipal Code, or as may be amended, as wcll as any other tenus and conditions which apply to thc City's provision ofthis service. The term does not contemplate the extension of lines or construction of necessary improvclnents at any cost to the City for dclivery of water to and within the BUTCHER, HARRINGTON, TODD & DA VIS ANNEXATION. Nothing in this Agreement shall obligate the City to pay for right-or-way acquisition, engineering, construction, and other costs for the delivery of water to or within thc BUTCHER, HARRINGTON, TODD & DAVIS 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 ill this Agreement shall be the service which is supplied by the City in accordance with Chapter 13.24, Bozeman Municipal Code, or as may be amended, as well as any other terms and conditions which apply to the City's provision of this service. The term does not contemplate the extension of lines or construction of necessary improvcments at any cost to the City for collection of sewage at and within the BUTCHER, HARRINGTON, TODD & DAVIS 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 BUTCHER, HARRINGTON, TODD & DAVIS ANNEXATION to include, but not limited to, any impact fees, hookup, connection, or devclopment charges which may be established by the City. 6. Water Riehts. 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 thereol~ 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 annexation in excess often (10) acres, this policy shall be canied out prior to final plat approval of each development phasc. Section 2, No.5, Commission Resolution 3137, Adopted August I <), 1<)<)6 The Landowners shall provide sufficient water rights or cash-in-lieu as calculated by the City in accordance with its policy at time of calculation. The Landowners fUliher understand that the BUTCHER, [-[ARRINGTON, TODD & DAV[S ANNEXATION AGREEMENT 4 I , 111111111111111111111111111111111111111111111111111111I ~~7~~t~!~~ Sh.ll.y Vano.-Gallatin Co MT MISC 126.00 City will calculate the average annual diversion requirement neeessary 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. The Landowners agree to provide sufficient water rights or cash-in-lieu of water rights prior to filing of any Final Subdivision Plat, Final Site Plan approval, or the issuance of any huilding permit, whichever occurs first. 7. Future Development The Landowners understand and agree that all future development on the Butcher, Harrington, Todd & Davis Annexation Tract shall be served by City Water and Sewer as provided for in the City's i~lcility mastcr planning docmnents. The Landowners understand and agree that municipal services are not currently available to the area proposed for annexation and that there is no right, either granted or implied by the City, for the Landowners to develop any of the Butcher, Harrington, Todd & Davis Annexation Tract 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 ofthe Butchcr, Harrington, Todd & Davis Annexation Tract. Landowners further understand and agree that at the time future development provides municipal water and sewer services to the existing residences, that they must conncct to these services. After connection to city water services, any existing wells may be used only for irrigation purposes only, and the septic systems and tanks must be properly drained, filled and abandoned. Upon future development ofthe Butcher, Harrington, Todd & Davis Annexation Tract, the City Water/Sewer Department will review plans for development ofthe proposed water infrastructure when they are provided and make any recommendations required to supply water to any proposed development on the Butcher, Harrington, Todd & Davis Annexation Tract. 8. I mpact Fees The Landowners hereby acknowledge that annexation and development of their property will impact the City's existing street, water and sewer infrastructure, and fire service requirements. Therc are existing stmctures on the property including threc residences, barns and suhsequent out- buildings. At the time new or existing structures apply to connect to the City's Water and Sewer facilities, the Landowners shall pay all Water and Sewer Impact Fees, whieh are due. The Landowners and any 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 pennit listed in Section 3.24.050A, 3.24.060.A, 3.24.070.A, or 3.24.080.A, respectively. If impact BUTCHER, HARRINGTON, TODD & DAVIS ANNEXATION AGREEMENT 5 nUTCIIER, HARRINGTON, TODD & DAVIS ANNEXATION AGREEMENT 6 111111111111111111111111111111111111111111111111111111I ~~~~~~~!~~ S~elley Vance-Gallatin Cc MT MISC 126.00 fees clmently imposed pursuant to Chapter 3.24 of the Bozeman Municipal Code are subsequently voided or declared invalid by a court of competent jurisdiction, the Landowners agree to pay the City fees or assessments 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. 11: prior to enactment of such revised Chapter, the Landowners apply for any permit, which actuates or would have actuated impact fees pursuant to the current Chapter 3.24 ofthe Bozeman Municipal Code, the Landowners further agree to pay at that time, the amount calculated for such fees based upon the rates established at the date of this agreement. lfthe Court above declares Chapter 3.24 of the Bozeman Municipal Code invalid, and if landowners would have been entitled to a refund under the court's decision but were it not for the sole fact of the landowners paying impact fees because of this agreement, then all such 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 landowners. All accumulated interest on the sum held in escrow shall be released to the City or landowners 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 oil.site, necessary to provide connection of BUTCHER, HARRINGTON, TODD & DAVIS ANNEXA TION to municipal services which are wholly attributable to the propelty 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 the Landowners default on this condition at the time such is to be performed, and should default not be remedied or corrected within thirty (30) days after written notice by City to the 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 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) !tis 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, I 2066404 Palle: 7 of 21 04/17/2002 10:20A Shelley Vanoe-Gallatin Co MT MISC 126.00 therefore, notwithstanding any judgment either limiting impact tee payments under annexation agreements to specified amounts, or prohibiting any such payment, landowners will pay such amount as specified above. 1111111111111111111111111111111111111111111111111111111 9. Waiver of Ri2:ht-to-Protest Special Improvement Districts The Landowners have executed a Waiver of Right-to-Protest Creation of Special Improvement District for street improvements, including paving, curh/gutter, sidewalk, houlevard and storm drainage appurtenances to Babcock Street and havefurther executed a Waiver of Right-to-Protest Creation of a City-wide Parks Maintenance District. Said Waivers are attached hercto as Exhibit A and B. 10. Additional Terms of Waivers The parties recognize that these documents shall be executed and retumed to the Bozeman Planning and Community Development Department within one year of preliminary approval ofthe annexation request by the Bozeman City Commission. The parties also recognize that these documents shall he filed and o[record with the Gallatin County Clerk and Recorder prior to the sale or transfer of ownership of any land within the BUTCHER, HARRINGTON, TODD & DAVIS ANNEXATION. The parties further agree that the City may file these documents at any time. 11. Governine Law and Venue This Agrecmcnt shall be construed undcr and governed by the laws of the state of Montana. In the event of litigation conceming this Agreement, venue is in the Eighteenth Judicial District Court, Gallatin County, State of Montana. 12. Attornev's Fees In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the tenns or conditions of this Agreement, then the prevailing party shall be entitled to reasonablc attorney's fees and costs, to include the salary and costs of in-house counsel including City Attorney. 13. Waiver No waiver by either party of any breach of any tern1, covenant or agreement shall be deemed a waiver of the same or any subsequent breach ofthis same or any other tenn, covenant or agreemcnt. No covenant, term or agreement shall be deemed waivcd hy either party unless waived in writing. 14. I nvalid Provision The invalidity or unenforceability of any provision of this Agreement shall not affect the other BUTCHER, HARRINGTON, TODD & DAVIS ANNEXATION AGREEMENT 7 nUTCI fER, f IARfUNGTON, TODD & DAVIS ANNEXATION AGREEMENT 8 1111111111111111111111111111111111111111111111111111111 ~~;~~4~!~ .' Shelley Vance-Gallatin Cc MT MISC 126.00 provisions hereof, and this Agreement shall be construed in all respects as ifsuch invalid or unenforceable provision were omitted. 15. Modifications or Alterations No modification or amendment of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto. 16. No Assienmcnt It is expressly agreed that the Landowncrs shall not assign this Agreement in whole or in pari without prior written consent ofthe City. 17. Successors This Agreement shall be binding upon, inure to the benefit of and be enforceablc by thc parties hereto and their respective heirs, successors and assigns. 18. Covenants to Run with the Land The parties intend that the terms of this Agreement shall bc covenants running with the land and shall not expire at their deaths or upon transfer of ownership of the property. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. LANDOWNERS #~/~4f~ff#A'2C Wallace Gary Butche b County of~&r:, S TATE OF '-jYJeyrrJaAJ.'V ) :ss ) On this ~ day of 'fnc;.JaA ,2002,. ......._..___, before me, thc undersigned, a Notary Public for the State of Montana, personally appeared Wallace Gary Butcher and Dorothy M. Butcher, known to be the persons whose names are subscribcd to the within instrumcnt and acknowlcdged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and a1Tixed my Notarial Seal the day and year first above written. (Sctil) ~_Q_Lj~u-j;zr.1}~ (Printed Name Here) !(!I.1-/"t)/ fl. /lJe7LfIJ/.-/-- Notary Public hor the State of Montana ~e;~~~~~~~s~r:;::<5i:=/~~~':i~~~~ (Use 4 digits for expiration year) ". I11111111111111111111111111111111111111111111111111111I ~~7~~~~!~R Shelley Vance-Gallatin Co MT MISC 126,00 & ,4 }) '~~-A-1 Daryl D. Todd)' M~Lf)1 AJi '- /_c,n-~'Z... Richard K., aVls _ /~.& .1.~ David W. D is - STATE OF MONTANA ) ) ss. County of Gallatin ) On this /<i{ day of __ Y/)o.J,(!-h 2002, bcfore me, the undersigned, a Notary Public for the State of Montana, personally appeared Daryl D. Todd , known to me to be the attorney-in-fact for Richard K. Davis and David W. Davis and thc person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same for and on behalf of Richard K. Davis and David W. Davis as their lawful attorney- in fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) - . ", I -di~amqH~'!i -lf7Y!erii47;e Notary Public for the State of Montana Residing at Bozcman, Montana My Commission Expires ?~/S--.2()(.?-9 (Use 4 digits for expiration year). .4 LJ, (( lL~ Frank R. Hanington -.... Trustee for Frank R. Hanington Trust ~., (\ . )(~'1"t1~ !I 11a--r?-A Dora B. Harrington Trustee [or Frank R. Harrington Trust --~~'.'. ~ (H/ ~ ..... ~. IJ. /l;:e-, 1-rL DoraB. Harrington . Trustee Cor Dora B. Harrington Trust Frank R. Harrington Trustee for Dora B. Harrington STATE OF MONTANA ) ss. County of Gallatin ) On this / C[ day of 17?oA (j~ ,2002, before me, the undersigned, a Notary Public [or the State of Montana, personally appeared Frank R. Hanington and Dora B. HaITington, known to me to be the Trustees ofthe Frank R. Harrington Trust aIld Dora B. Harrington Trust and the person whose names are subscribed to the within instrument, and acknowledged to me that thcy exccutcd the same for and on behalf of the Frank R. Harrington Trust and Dora B. Harrington Trust. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day anctye'ae fi;stabove written. , "(stAt;) '.:.- ~ " . I Bl rrellER, IIARRINGTON, TODD & DAVIS ANNEXATION AGRrJ\MENT 9 1111111111111111111111111111111111111111111111111111111 ~~;~~~,~~ Sh.ll.y Vano.-Gallatin Co MT MISC 128.00 ~.'/ a ,'fJ2dw1r:, (Printed Name Here) ) 1.!.//t'J/1 /1 /IJc:re/J// Notary Public for the State of Montana Residing at ~lf/J11dA.J .... ' Montana My Commission xpires _~_fl::./::5:-.dbr:2~_____.__m_ (Use four digits for expiration year) STATE OF MONTANA ) ss. County of Gallatin ) On this I ~.___ day of '---/Y)o.), d1_, 2002, hefore me, the undersigned, a Notary Public for the State of Montana, personally appeared Frank Harrington , known to me to be the President of Harrington, Inc., the corporation that executed the within instrument, and acknowledged to me that he executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, T have hereunto set my hand and affixed my Notarial Seal the day and year first above written. BUTCHER, HARRINGTON, TODD & DA VIS ANNEXATION AGREEMENT 10 (SEAL) ...... ~()!td ~~~ (Printed Name Here) / /J/!.tl~ /J. /1Je: /e/Ur Notary Public for the State of Montana Resi(~ing at . ~4....,J , Montana My CommlsslOn ExpIres .--K:d:L:::-C2i1r)// (Use four digits for expiration year) , -~ CITY OF BOZEMAN ""~----:........:~--J.-_._..._-~- ~+'. -~ ~EST: . '. .~~cd.~ Clerk of the City Commission By: Clark Johnson, City Manager STATE OF MONT ANA) :ss County of Gallatin ) On the d~ day of '1'J1#.A4.. _ ,2002, before me, a Notary Public I'l)r the State of Montana, personally appeared CLARK JCH-INSON AND ROBIN L. SULLlV AN, known to me to be the City Manager and Clerk of the City Commission respectively, of the City of Bozeman, whose names are subscribed to the within instrument and acknowledged to me that they executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal on the day and year first written above. ..,..,. (Seal) ""'" :.:. \J ' .' t II'"?"' ",. __ ... __n____....."""._ No ' Public for the State of Montana Residing at Bozeman, Montana Commission Expires: ItJ- /2-ZLJO;L "-"':" " 111111111111111111111111111111111111111111111111111111I ~~;~~?'~~R Shelley Vanoe-Gallatin Co ~T MISC 126,00 BUTCHER, HARRINGTON, TODD & DAVIS ANNEXATION AGREEMENT I I .. EXHIBIT A WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS BUTCHER, HARRINGTON, TODD & DAVIS ANNEXATION The undersigned owners of the real property situated in the City of Bozeman, County of Gallatin, State of Montana, and more particularly described as follows: Harrington Property: All that portion of the S ;;2, NW 1'4 of Section 11, Township 2 South, Range 5 East, within the following metes and bounds, to-wit: Beginning at a point in the South line of the S ;;2, NW 1'4 of Section 11, T2S, R5E, said point being 665.4 feet East of the Southwcst comer thereof; thence North 1335.87 fect, more or less to a point in the North of said S Y2, NW 1'4, said point being 708.4 feet East of the Northwest comer thereof; thence East along the North line of said S ;;2, NW Y4 330 feet; thence South 1335.56 feet, more or less, to the South line of said S Yl, NW 1/4; thence West along said South linc 330 feet to the place of beginning: EXCEPTING THEREFROM, the following described tract: Beginning at a point 910.4 feet, more or less, East ofthe Southwest comer ofthe S ;;2, NW V4; thence North 230 feet to a point; thence East 85 feet to a point; thence South 230 feet to a point; thence West 85 feet to the point of beginning, all of the above being within the S1/2, NW )/4 of Section 11, T2S,R5E, PMM, Gallatin County, Montana, according to the survey recorded in Book 138 of Deeds, page 326. Aforesaid parcel of land being previously described in Warranty Deed recorded in Film 35, page 1633, rccords of Gallatin County, Mont,ma. Todd and Butcher Property: All that portion of the S Yz, NW V4 of Section 11, Township 2 South, Range 5 East, PMM, within the following metes and bounds, to-wit: Begilming at a point in the South line of the S ;;2, NW Y4 of said Section 11, T2S, R5E, said point being 995.4 feet East ofthc Southwest corner thereof; thence North 1335.56 feet, more or less, to a point in the North line of said S Yl, NW l/4, said point being 1038.4 fcet east of the Northwest corner thereof; thence East along the North line of said S Yz, NW V4, 330 feet; thence South 1335.25 feet, more or less, to the South line of said S Yz, NW 1'4; thence West along said South line 330 feet, to the place of beginning. (Deed Reference in Book 104 of Deeds, Page 335, records of Gallatin County, Montana.) EXCEPT THAT a parcel ofland described as follows will be excluded from the annexation: a: ~ ~ Q(.;iG ~o~ UJ('Ig UJ-~ -.~ ~1II- N:: _6 _6 !!!!!!!!!!!!!!! ..; =('1 -- - --- - =0 -'" -~ ___ t- ___:I: =0 _0 . c --- :: - ---::: -- =0 -' -. -g -- -> ,., -. =~ iiiiiiiiiiii .. s; -'" Beginning at a point which bears North 89*24' East, along the South line ofthe said S Y2, NW 14, a distance of 1188.4 feet from the West one quarter corner of said Section Eleven (S 11), Thence North 0*46' East a distance of 349.50 feet, Thence North 89*27' East a distance of 137.0 feet, Thence South 0*46' West a distance of349.50 feet, Thence South 89*24' West along the South line of said S Y2, NW 1/4, a distance of 137.0 feet to the point of beginning, containing 1.10 acres, more or less. IN CONSIDERATION of receiving approval for annexation for 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 ofthe impacts which will be caused by the development ofthe above-described property, has waived and do hereby waive for itself, its successors and assigns, the right to protest the creation of one or more special improvement districts for: a) street improvements including paving, curb/gutter, sidewalk, and storm drainage facilities for Babcock Street; or to make any written protest against the size or area or creation ofthe district to be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. In the event Special Improvement Districts are not utilized for the completion ofthese projects, we agree to participate in an alternate financing method for completion of said improvements on a fair share, proportionate basis as determined by s(luare footage of the property, linear front footage of the property, taxable valuation of the property, or a combination thereof. This waiver shall be a covenant running with the land and shall not expire. The terms, covenants and provisions ofthe Waiver shall extend to, be binding upon the successors-in-interest and assigns of the parties hereto. q- ~ SiNG q-~ ;: UJ...g UJ~~ Si .~ N::;: D-O _0 _0 - -10 -~ = ~ - =0 -ell _E ~1- ~lE =0 !!!!!!!!!!!!!! 0 ~<: -..... -~ =- ~= -- =e> -, -. _0 =<: -- -> ~>- -. =..... ---.. ~s:. _ell '. DATED this LL day of -----!l1//~a/i ,2002. LANDOWNERS vI1:iU/W~M~ al acc Gary Butcher .. STATE OF 1'rJ(1?tiinv) County oLlill,J;;,1 :ss ) On this ~ day of YT}(;)raJl. "_~, 2002, , before me, the undersigned, a Notary Public for the State of Montana, personally appeared j'yallacc Gary Butcher and Dorothv M. Butcher, known to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. TN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my Notarial Seal the day and year first above written. \... (Sean - ~ . '-I11i~ (Pri rited N amc Here) an l!. c' /;:J me Ie /1 L 1'- Notary Public for the State of )\1ontana Residing at . ../3r.JfZ'Y>:J4-1J _ _._._ My Com.m.issi?n Expires: q-I!:-;.LIi7(17' (Use 4 dIgIts tor expiratIOn year) /(~A if AJ ~ Daryl D. To<tP 1fl~,j)J~ Richard .. aVls zD..~~~ STATE OF MONTANA ) ) ss. County of Gallatin ) On this I;{ day of YnaA Q.~L 2002, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Daryl D. Todd known to me to be the attorney-in-fact for Richard K. Davis and David W. Davis and the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same for and on behalf of Richard K. Davis and David W. Davis as their lawful attorney~in fact. ~ re SiNs ~ii: UJ...g UJ~~ Si.~ N::; O-G _G _G - -CD =1'0 -~ - ~ ~ - =u -UJ _E ~1- ~lE: =0 !!!!!!!!!!!! u ~c -.... -.... =.. iiiiiiiiiiiiiii = -.. =<!l -, -. _0 =c -.. -> iiiiiiiiiiiiiii ,. -. =~ iiiiiiiiiiiiiii ~ !!!!!!!!!!!!!!! r. _UJ I N WITNESS WHEREOF, r have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) rank R. Harrington Trustee for the Frank R. Harrin ton Trust J ~ -(I...: Frank R. Harrington Trustee for the Dora B. Harrington Trust ST ATE OF MONT ANA ) ss. County of Gallatin ) ko:L' V'JUle.o.l (Printed Name Here) t2 If I -c TU/lL/.:' Notary Public for the State of Montana Residing at Bozeman, Montana My Commission Expires r - /::,--2 o.q:5::"..~.... (Use 4 digits for expiration year). _.~/~~ ,. ._,. c., / ".'~_., '--_~_.,; .fLf (l ,1-- ,K :VI..- v" Y <.. .. . .-H~-.. iJ Dora B. Harrington ' Trustee for the Frank R. Harrington Trust ) C1,,-// , ,/C crJ-r"t... ,.((. /<;r;>t1f'-C 1. . ~',-YL Dora B. Harrington I, Trustee for the Dora B. Harrington Trust On this ---Li~ day of ''1!)0/7(111 , 2002, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Frank R. Hanington and Dora B. Harrington, known to me to be the Trustees ofthe Frank R. Harrington Trust and Dora B. Hanington Trust and the person whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of the Frank R. Harrington Trust and Dora B. Hanington Trust. IN WITNESS WH EREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) .. C' Jj;:~ a CI111ij;p1~, . 0 0 " (Pn tcd Name Here) /0.AR.t,; /l l7}c 17..dV-/- Notary Public for~le State of Montana Residing a~ . l!41:;!./YrIr)/}J._, Montana My COmnllSSlOn Explres 'if-/5'-.=:{ ,Or;1/;";.n_ (Usc four digits for expiration year) , ~ ~ CS)NG ~o;:: lOw ~ U)-~ ~ ..r- ~.- ....... N ...... a.. 0 _0 _0 _. -co =N -- - !!!!!!!!!!!!!!! iiiiiiiiiiiiiii - =0 -<I) -.... ==== IE iiiiiiiiiiiiiii I- iiiiiiiiiiiiiii IE =0 !!!!!!!!!!!!!!! 0 iiiiiiiiiiiiiii c -'- -~ =. ---< ---< -.. =c> _I -. _0 =c -. -> iiiiiiiiiiiiiii >- -. =- ---< -. !!!!!!!!!!!!!!! L -<I) :e Frank Harri ngton President ST ATE OF MONT ANA ) ss. County of Gallatin ) On this --.12_ day of ''11) (j./Iv:7 _ ,2002, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Frank H,mington , known to me to be the President of Harrington, Inc., the corporation that executed the within instrument, and acknowledged to me that he executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and aflixedmyNotarial Seal the day and year first above written. . (SEAL) '. ~~tJf! (). "I72it!l<-d/, ~ . (Printed Name Here) le/JI<.o/ 19 /lj;.0TC-;:)j/-- Not~? Public 1'0; the State of Montana ResIdmg at /J1;:;j/YYlt;l4V.___, Montana My Commi~s!on ,Expir~s . ;{~/,.s---..2{Jc)~ (Use four dIgIts lor expiratIon year) 'It ~ SiNG 'lt~ ::: 1000 g U)-~ Si --r- .- ...... N ..... <L fill _fill _fill -. -00 -N ===- iiiiiiiii - =0 -ell -... === IE iiiiiiiiiiiiiii I- iiiiiiiii E =0 ~o iiiiiiiii c iiiiiiiii :; =.. -.... -- -" =0 -' -" _0 =c -.. -> iiiiiiiiiiiii ,. -. =- iiiiiiiii .. ~~ _ell ,. EXHIBIT B WAIVER OF RIGHT TO PROTEST CREATION OF PARK MAINTENANCE DISTRICT BUTCHER, HARRINGTON, TODD & DAVIS ANNEXATION The undersigned owners of the real property situated in the City of Bozeman, County of Gallatin, State of Montana, and more particularly described as follows: Harrington Property: All that portion of the S liz, NW 14 of Section 11, Township 2 South, Range 5 East, within the following metes and bounds, to-wit: Beginning at a point in the South line of the S Y2, NW Y4 of Section 11, T2S, R5E, said point being 665.4 feet East of the Southwest comer thereof; thence North 1335.87 feet, more or less to a point in the North of said S liz, NW Y4, said point being 708.4 feet East of the Northwest corner thereof; thence East along the North line of said S Y2, NW Y4 330 feet; thence South 1335.56 feet, more or less, to the South line of said S liz, NW Y4; thence West along said South line 330 feet to the place of beginning: EXCEPTING THEREFROM, the following described tract: Beginning at a point 910.4 feet, more or less, East ofthe Southwest comer of the S Y2, NW Y4; thence North 230 feet to a point; thence East 85 feet to a point; thence South 230 feet to a point; thence West 85 feet to the point of beginning, all of the above being within the Sl/2, NW Y4 of Section 11, T2S, R5E, PMM, Gallatin County, Montana, according to the survey recorded in Book 138 of Deeds, page 326. Aforesaid parcel of land being previously described in Warranty Deed recorded in Film 35, page 1633, records of Gallatin County, Montana. Todd and Butcher Property: All that portion ofthe S Y2, NW Y4 of Section 11, Township 2 South, Range 5 East, PMM, within the following metes and bounds, to-wit: Beginning at a point in the South line ofthe S Y2, NW Y4 of said Section 11, T2S, R5E, said point being 995.4 feet East ofthe Southwest corner thereof; thence NOlih 1335.56 feet, more or less, to a point in the North line of said S Y2, NW 1/4, said poi nt being 1038.4 feet east of the Northwest comer thereof; thence East along the North line of said S Y2, NW Y4, 330 feet; thence South 1335.25 feet, more or less, to the South line of said S Y2, NW Y4; thence West along said South line 330 feet, to the place ofbegilming. (Deed Reference in Book 104 of Deeds, Page 335, records of Gallatin County, Montana.) EXCEPT THAT a parcel of land described as follows will be excluded from the annexation: ~ re QNG ~o~ m....~ m-~ Q.~ N::;: 0-0 _0 _0 _. -00 N -- ~ ~ - =0 -ell ~;: _I- ~lE: =0 !!!!!!!!!!!!!!! 0 ~<: :: =" -.... -.... _Of =C> -. ~3 <: _Of > -=: .... ~. !!!!!!!!!!!!!!! .r. _ell Beginning at a point which bears North 89*24' East, along the South line ofthe said S Y2, NW Vi, a distance of 1188.4 feet from the West one quarter corner of said Section Eleven (S 11), Thenee North 0*46' East a distance of349.50 feet, Thence North 89*27' East a distance of 137.0 feet, Thence South 0*46' West a distance of349.50 feet, Thence South 89*24' West along the South line of said S Y2, NW Vi, a distance of 137.0 feet to the point of beginning, containing 1.10 acres, more or less. 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 rec02nition oCthe impacts which will be caused by the development ofthe above-described property, has waived and do hereby waive for itself, its successors and assigns, the right to protest the creation of a city-wide park maintenance district which will provide a mechanism for the fair and equitable assessment of maintenance costs for city parks; or to make any written protest against the size or area or creation of the district to be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above- described property. In the event Special Improvement Districts are not utilized for the completion ofthese projects, we agree to participate in an alternate financin2 method for completion of said improvements on a fair share, proportionate basis as determined by square footage of the property, linear front footage of the property, taxable valuation of the property, or a combination thereof This waiver shall be a covenant runnin2 with the land and shall not expire. The terms, covenants and provisions ofthe Waiver shall extend to, be binding upon the successors-in-interest and assigns of the parties hereto. a: ~ re QNo ~o;: 10m g 1D~~ -.!:: -m_ N.t: -"" -"" _. -'" =~ - iiiiiiiiiiiiiii - =0 -III -..., ==IE iiiiiiiiiiiiiii l- iiiiiiiiiiiiiii IE =0 !!!!!!!!!!!!!!! 0 iiiiiiiiiiiiiii I: iiiiiiiiiiiiiii ::: =- -.... -.... -- =0 -, -. _0 =1: -- -> iiiiiiiiiiiiiii >- -. =.... -.... -. !!!!!!!!!!!!!!! s::. _III DA TED. this ~ day of /Jl ~/Z{!J; , 2002. LANDOWNERS STATE OF 'fno-n:l,.-n,u ) County of)lad~~s) On this J ;l~ day of '1?j()..JJal1, 2002, _ ' before me, the undersif,'11ed, a Notary Public for the State of Montana, personally appeared Wallace Gary Butcher '!D(lP...Qrothy 1t._Butcher, known to be the persons whose names are subseribed to the within instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hercunto set my hand and affixed my Notarial Seal the day and year first above written. ':1 ~ 1-rf (). Lfne.-fziu (Printed Name Here) (!1/1,'<;1/ ;.q. jJ;I~ ri2 ,U.F Notary Public ~~. t mhe State of Mon. tan a Residing at ...~1?1':+~ My Commission 'Expires: ){--/s-2 {M,y (Use 4 digits for expiration year) (~,n). \.~ '.." .. 1"'., /(k(~. R ;() '> ~~ Daryl D. To ID;t,AJ~ Richard Kavis u 4;~A~i !J ,\~ David W. D,ws STATE OF MONTANA ) ) ss. County of Gallatin ) On this lr day of '-jl}C}.))a.h 2002, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Daryl D. Todd known to me to be the attorney-in-fact for Richard K. Davis and David W. Davis and the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same for and on behalf of Richard K. Davis and David W. Davis as their lawful attorney-in [act. ~ ~ QNG ~o;:: 1001 g UJ-~ ~.~ ~ m_ N ...... o.lSl _1Sl _& -- -w =1'1 -- ~ ~ - =u -en _E ~.... ~E: =0 !!!!!!!!!!!!!!! u ~c -.... -- =.. -- -- -" ='" -' -. _0 =c -" -> iiiiiiiiiiii ,.. -. =- ~. !!!!!!!!!!!!!! .c _en , , IN WITNES S WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) " ~. .' ~J,j( I~~ Frank R. Harrington Trustee for the Frank R. Harrington Trust Frank R. Harrington Trustee for the Dora B. HaL' ngton Trust ST A TE OF MONT ANA ) ss. County of Gallatin ) rf~ ,\(>/ {t. 'lJtekQL~ (Pr nted Name .Here) Q/-J/?Cli . /JJe7ti/I,LF Notary Public for the State of Montana Residing at Bozeman, Montana My Commission Expires <;(-/.,5--.;1. ()d// (Use 4 digits for expiration year). ' G; <1/ C~' " o+~- D . tr,'L'J~Z~ Dora B. Harrington Trustee for the Frank R. Harrington Trust On this _I. g- day of '-f1)ah oA , 2002, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Frank R. Harrington and Dora B. Harrington, known to me to be the Trustees ofthe Frank R. Harrington Trust and DoraB. Hanington Trust and the person whose names are subscribed to the within instnllnent, and acknowledged to me that they executed the same for and on behalf of the Frank R. Harrington Trust and Dora. B Harrington Trust. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) .~ ) . '-/Jtde (Printed Name Here) (!/J/.:.'tu: /-7. )71eTC.'/-IZ7' Notary Public fO~lthe State ~fMontana Residing at ~/rnl"'A..- ,Montana My Commission -Efxpires""f;r-/5:-c.Zu'{!::i!- (Use four digits for expiration year) ~ re QNG ~o~ 1009 g UJN~ Q.~ m_ NQ"~ _CSl _CSl _. -'" iiiiiiiiiii ~ iiiiiiiiiii iiiiiiiii - =0 -II> ~~ iiiiiiiiiii I- iiiiiiiii E =0 ~o iiiiiiiii c iiiiiiiii :: =- -... _... -- =Cl -I iiiiiiiii 3 =c -- -> iiiiiiiii >- -. =... iiiiiiiii . ~..c -II> .. H , .. ... ~ l ~ \' t. ~l\ t ,'~~(~ Frank H;rrington President STATE OF MONTANA ) SS. ) County of Gallatin On this /1 day of '7l/ct 1 all _. . , 2002, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Frank Harrington , known to me to be the President of Harrington, Inc., the corporation that executed the within instrument, and acknowledged to me that he executed the same for and on behalf of said corporation. IN WITNESS WI'IEREOF, I have hereunto set my hand and alTixed my Notarial Seal the day and year first above written. (SEAL) "'" .~ a'lnt.*~ ~ . (Printed Name Here) I _'I1/;~'/ /l- ~le7C'47./ Not~ry Public fO[:fhe State o~Montana Resldmg a~ . ~t:'ll'1-:}r7--J-?-(j_u' Montana My CommIssIOn Explres,._'X-/.<:"j- -, ,},1(JO /;/ (Use four digits for expiration year) / ," " ,/ .'" ,,- a: .- t;:: c,gNG '-0;:: UJ-g UJN~ -.~ ~ ..- N:~ _lSl _a _. -00 ---~ - --- - =0 -<II === ;E iiiiiiiiiii l- iiiiiiiiiii 11: =0 !!!!!!!!!!!!!!! u iiiiiiiiiii c iiiiiiiiiii = =- -..... _..... -- =c _I _e _0 =c -- -> iiiiiiiiiii ,.. -. =..... iiiiiiiiiii ... !!!!!!!!!!!!!!! .s::. -<II