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HomeMy WebLinkAbout01- Christ the King Lutheran Church Annexation Agreement , I mill 111I ~1111111~1I111111 ~IIIIIIIIIIIIIIIIIIIII ~~;~~~:!~, .. . -- , . rPl';':T1tD ,-- Sh.ll.y Vano.-Gallatln Co MT MISC 66.00 ANNEXATION AGREEMENT THIS AGREEMENT is made and entered into this 10th day of December ,2001, 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 Christ the King Lutheran Church, 2000 South 3rd Avenue, Bozeman, MT 59715, hereinafter referred to as "Landowner". WITNESSETH: WHEREAS, the Landowner is owner in fee of a tract of certain real property, hereinafter referred to as the Christ the King Lutheran Church Almexation Tract, and more particularly described as follows: Lot 1 of Minor Subdivision No. 253, situated in Section 3, T2S, R5E, PMM, Gallatin County, Montana, said tract being 8.969 acres along with and subject to any existing easements. WHEREAS, the Landowners have petitioned the City for atmexation ofthe contiguous tract; and WHEREAS, the Christ the King Lutheran Church Amlexation Tract is not within the corporate limits of the City or other municipality but is contiguous to the City and may therefore be amlcxed to the City in accordance with the provisions of this Agreement and M.C.A. Title 7, Chapter 2, Part 43. WHEREAS, all parties recognize that the annexation of the Christ the King Lutheran Church Annexation Tract 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 a landowner can agree to the provision of services to the area to be annexed; and WHEREAS, the City's present water distribution and sewer collection systems are insufficient to enable it to supply reasonably adequatc water and sewer service to the subject property; and WHEREAS, thc Landowners wish to convey to the City certain water rights or take some equivalent action to provide water and sewer service to the Christ the King Lutheran Church Annexation Tract; and WHER EAS, all parties recognize that the development of the Christ the King Lutheran Church Annexation Tract will impact area streets, that development may not be advised or approved until improvements to Durston Road are completed, and that additional public street improvements for traffic circulation may be required prior to development on the Christ the King Lutheran Church Annexation Tract; and WHEREAS, the Landowners have been duly advised that a payback district and/or SID has been I SMITH/CHRIST THE KING LUTHERAN CHURCH ANNEXATION AGREEMENT I I , , IIII~IIIIIIIIIII~IIIIIIII~IIIIIIIIIIIIIIIIIIIIIIIIII ~~;~~~!~, , . Sh.ll.y Vanc.-Gallatln Co MT MISC 66.00 proposed for the streets, water mains and sewer mains installed as part of the Valley West Annexation which may impact the Christ the King Lutheran Church Annexation Tract, and that payback alld/or SID areas exist or may be created which will require the Landowners financial participation in said improvements; and WHEREAS, the Landowner finds that this Agreement will provide for the most satisfactory and dependable water supply or service available to furnish water and wastewater collection, and provide traffic circulation for development near and within the Christ the King Lutheran Church Annexation Tract; and WHEREAS, the making and performance of this Agreement is desirable to promote the development ofthe 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 and traffic system by the City is necessary and of mutual advantage to the parties hereto; and WHEREAS, the parties have determined that it is in the best interests of the City and the Landowner, and in furtherance of the public health, safety and welfare of the community to enter into and implement this Agreement. IN CONS 10 ERA nON 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 Christ the King Lutheran Church Annexation Tract with the City. The City, on May 1,2000, adopted a Resolution of Intent to Annex the Christ the King Lutheran Church Annexation Tract. By execution of this Agreement, the City has manifested its intention to annex the Christ the King Lutheran Church Amlexation Tract pursuant to the terms and conditions ofthis Agreement. Subject to the provisions of Title 7, Chapter 2, Part 43, the City shall, upon execution ofthis Agreement, adopt a Resolution of Almexation ofthe Christ the King Lutheran Church Annexation Tract to the City. Further, upon the execution of this Agreement, the Lalldowner shall do all things necessary and proper to aid and assist the City in carrying out the terms, conditions alld provisions of this Agreement and effectuate the annexation of the Christ the King Lutheran Church Annexation Tract to the City. I SMITH/CHRIST THE KING LUTHERAN CHURCH ANNEXATION AGREEMENT 2 I , , , . -.-... 1111111111111111111111111111111111111111111111111111111 ~~;~~~~!~, 3. Services Provided. Sh.l1.y Vano.-Gallatln Co MT MISC 66.00 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 Christ the King Lutheran Church Annexation Tract, as provided in this Agreement. Prior to development, the Landowner 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 ctTect at the time of development. Upon availability of service as defined by City code, any existing dwelling shall COllilect to City water and sewer services. 4. Municipal Water Service Defined. The term "municipal water service" as is uscd in this Agreement shall be the service which is supplied by the City in accordance with Chapter 13.12, Bozeman Municipal Code, or as may be amcnded, as well as any other temlS and conditions which apply to the City's provision ofthis service. The tenn docs not contemplate the cxtension oflines or construction of necessary improvements at allY cost to the City for delivery ofwatcr to and within the Christ thc King Lutheran Church Annexation Tract. Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition, engineering, construction, and/or other costs for the delivery of municipal water service to or within the Christ thc King Lutheran Church Annexation Tract 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 tern1 "municipal sewer service" as is used in this Agreement shall be thc service which is supplied by thc City in aCCOrdallCe 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 oflines or constmction of necessary improvements at any cost to the City for collection of sewage at and within the Christ the King Lutheran Church Annexation Tract. 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 Christ the King Lutheran Church Annexation Tract to include, but not limited to, any impact fees, hookup, connection, or development 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 ofthe City of Bozeman to acquire usable water rights, or an appropriate fee in lieu thereof, equal to the anticipated average annual consumption of water by residents and/or users ofthe property when I SMITH/CHRIST THE KING LUTHERAN CHURCH ANNEXATION AGREEMENT 3 I _..."'._n.___.__.."'...___. IIII~IIIIIIIIIII~III ~111~1I111111111111111111111111 ~~~~~t'~!~R Sh.ll.y Vano.-Gallatln Co MT MISC 66.00 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 alU1exation 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 3137, Adopted August 19, 1996 The Christ the King Lutheran Church Annexation Tract consists of approximately 8.969 acres. The Landowner understands and agrees that it must provide suHicient water rights or cash-in-lieu of water rights, which will be deternlined by the City based on the calculated average annual diversion requirement necessary to provide water to this annexation tract specific to the zoning designation and/or City-approvcd development. Water rights, or cash-in-lieu of water rights thereof, will be required at the time of approval of this agreement. The applicant further agrees to provide additional water rights or fee as required by Commission Resolution 3137 if the use of the property changes from use as a church. 7. Comprehensive Water and Sewer Desil!n Report. Prior to any further development ofthe property, the Landowners may be required to have prepared by a Professional Engineer, at the 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 ofthe land. If adequate water alld/or sewer capacity is not available for full development, the report must identify necessary water system and sewer system improvements required for full development. The Landowner agree to complete at the Landowner's expense, the necessary system improvements to serve the full development. 8. Waiver of Ril!ht-to-Protest Special Improvement Districts. The Landowner has executed a Waiver of Right-to-Protest Creation of Special Improvement Districts for: a) street improvements, including paving, curb/gutter, sidewalk, storm drainage facilities, and any associatcd traffic signals for Durston Road Oak Street, Flanders Mill Road and Ferguson Avenue; and b) a City-wide Parks Maintenance District. Said Waivers are attached hereto as Exhibits A and B, are hereby incorporated in and made a part of this Agreement. 9. Public Street and Utility Easements. The Landowncrs understand and agree that utility easements, a minimum of thirty (30) feet in width, are necessary for the installation and maintenance of water and sewer utility services to the annexed parcel. The Landowners shall create any such other easements in locations agreeable to the City during the appropriate development procedure, but in no event later than the filing of any final plat or site plan or issuance of a building permit on the subject property. I SMITH/CHRIST THE KING LUTHERAN CHURCH ANNEXATION AGREEMENT 4 I , ' , , , .---- -..----....... ., IIII~IIIIIIIIIIIIIIIIIIIII~IIII~IIIIIIIIIIIIIIIIIIII ~~;~~4~!~ 10. Stormwater Master Plan. Sh.ll.y Vano.-Gallatln Co MT MISC 66.00 The Landowner understands and agrees that a Stormwater Master Plan for the Christ the King Lutheran Church A1mexation Tract for a system designed to remove solids, oils, grease and other pollutallts from the runoff from the public streets must be provided to and approved by the City Engineer at the time of any future development. The master plan must depict the maximum sized retention/detention basin locations and locate and provide easements for adequate drainage ways within the area to transport runoffto the Stormwater receiving channcl(s). The plan shall include site grading and elevation infornlation, typical Stonnwater detention/retention basin and discharge structure details, basin sizing calculations, and Stomlwater facilities maintenance plan. 11. Future Develoument. The Landowner understands and agrees that all future development on the Christ the King Lutheran Church Annexation Tract shall be served by City Water and Sewer as provided for in the City's facility master planning documents. Thc Landowner understands and agrees 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 Christ the King Lutheran Church A1mexation Tract until it is vcrified by the City that necessary municipal services, including but not limited to police and fire protection, are available to all or a portion of the Christ the King Lutheran Church Annexation Tract. Upon future development of the Christ the King Lutheran Church 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 Christ the King Lutheran Church Annexation Tract. Prior to the issuance of building pernlits for any new construction on the property, an approved pressurized water supply (fire hydrants) meeting the flow requirements ofthe 1994 UFC Appendix III-A shall be provided to the subject property. The water system shall be installed, tested and approved by the city prior to the issuance any building permits. 12. Impact Fees. The Landowners hereby acknowlcdge that annexation and development of their property will impact the City's existing street, water alld sewer infrastructure, and fire service requirements. There are no existing structures on the property. At thc time new structures apply to the City's Watcr and Scwer facilities, the Landowners shall pay all Water and Sewer Impact Fees which arc due. The Landowners and their successors shall pay all Fire, Street, Water and Sewer Impact Fees required by I SMITH/CHRIST THE KING LUTUERAN CHURCH ANNEXATION AGREEMENT 5 I IIIII~ 1111111111111111111111111 ~IIIIIIIIII~II~I 1111 ~~~~~:~~, . . '. Sh.ll.y Vanc.-Gallatln Co MT MISC 66.00 chapter 3.24, Bozeman Municipal Code, or as amended, at the time of application for any permIt llsted in Section 3.24.050A, 3.24.060A, 3.24.070A, or 3.24.080A, respectively. Ifthe impact fees currently imposed pursuant to Chapter 3.24 ofthe Bozeman Municipal Code are subsequently voided or declared invalid by a court of competent jurisdiction, Landowners agree to pay the City fees or assessments established by the City for impact on City services in accordance with a new or rcvised Chapter of the Bozeman Municipal Code lawfully enacted as a result of such court decision aftcr the date of the court decision. If, prior to enactment of such revised Chapter, the Landowner applies for any pernlit which actuates or would have actuated impact fees pursuant to the current Chapter 3.24 of the Bozeman Municipal Code, the Landowner further agrees to pay at that time, the amount calculated for all such fees based upon the rates established at the date of this agreement. If the Court above declares Chapter 3.24 of the Bozeman Municipal Code invalid, alld if landowner would have been entitled to a refund under the court's decision but were it not for the sole fact ofthe landowner paying impact fees because ofthis 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. All accumulated interest on the sum held in escrow shall be released to the City or lalldowner on the same percentage as the money released to either partybears to the total sum held in escrow." Landowners further understand and agree that any improvements, either on- or off-site, neceSSalY to provide connection of Christ the King Lutheran Church 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 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 Landowners of such default, City may at their option: A) Declare the alllOunts 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. Tn addition, the City may, at its option, enforce payment of such amount by levying an I SMJTH/CH RIS'l' THE KING LUTHERAN CHURCH ANNEXATION AGREEMENT G I , , , ---..---.- .._.,u__..__".. 111111111111 ~IIIIIIII ~III~IIIIIIIIII ~III~IIIIIIIII ~~~~~(i!~R assessment on the premises. Sh.l1.y Vano.-Gallatln Co MT MISC 66.00 B) Elect any other remedy available to City under the laws ofthe 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 arc subsequently voided or declared invalid by a court of competent jurisdiction. It is the express intention ofthe parties not to be bound by such a declaration or judgment and, therefore, notwithstanding any judgment either limiting impact fee payments under annexation agreements to specified amounts, or prohibiting any such payment, landowner will pay such amount as specified above. 13. Pavbacks Landowners shall provide the necessary paybacks for the Valley West street improvements at the time of annexation. The anlount of street payback for the property owned by Christ the King Lutheran Church has been calculated as the sum of$26,010.46. Landowners shall further provide the necessary paybacks for the Valley West water and sewer mains at the time of Final Site Plan approval or Final Plat approval, whichever comes first. The payback amount will be calculated at the time o[Final Site Plan or Final Plat approval. 14. Additional Terms of Waivers. The parties recognize that these documents shall be executed and returned to the Bozeman Planning and Community Development Department within one year of preliminary approval of the annexation request by the Bozeman City Commission. The parties also recognize that these documents shall be :filed and recorded with the Gallatin County Clerk and Recorder prior to the sale or transfer of ownership of any land within the Christ the King Lutheran Church Annexation Traet. The parties further agree that the City may file these documents at any time. 15. Governine Law and Venue. This Agreement shall be construed under and governed by the laws ofthe state of Montana. In the event of litigation concerning this Agreement, venue is in the Eighteenth Judicial District Court, Gallatin County, State of Montana. 16. Attornevs Fees. I SMITIIICHRIST THE KING LUTHERAN CHURCH ANNEXATION AGREEMENT 7 I , t 111111111111 ~III"III ~IIIIIIIIIIIIIII ~IIIIIIIIIIIIII ~~7~~ti!~A Sh.ll.y Vano.-Gallatln Co MT MISC 66.00 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 prevailing party shall be entitled to reasonable attorney's fees and costs, to include the salary and costs of in-house counsel including City Attorney. 17. Waiver. No waive'r by either party of any breach of any ternl, covenant or agreement shall be deemed a waiver of the same or any subsequent breach of this Sallle or any other term, covenant or agreement. No covenant, term or agreement shall be dccmed waived by either party unless waived in writing. 18. Invalid Provision. The invalidity or inability to enforce 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 modification or amendment of this Agreement shall be valid unless evidenced in writing and signed by the parties hereto. 20. No Assil!nment. It is expressly agreed that the Landowner shall not assign this Agrcement in whole or in part without prior written consent of the City. 21. Successors. This Agreement shall be binding upon, insure 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 tenns of this Agreement shall be covenants rUlming 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. I SMITH/CIIRIST THE KING LUTHERAN CHURCH ANNEXATION AGREEMENT 8 I , . . . , - ._u -.-. 1111111111111111111111111111111111111111111111111111111 ~~;~~~~!~ Sh.ll.y Vanc.-Gal1atln Co MT MISC 66.00 LANDOWNER / 'J''/ '\).- (1t,u..:Jd, ~ ~'~L. Du/--Iv/, )~- .,t. Michael Beehler, President ' ( [,.,,:ct.._ a~L. Congregational Council Christ the King Lutheran Church ST A TE OF MONT ANA ) :ss County of Gallatin ) On this 1Di!l day of &tv,1(lt/;'.J//../ ,2001, MichacI Bechler, whose identity T verified on the basis of /{\T ~(./-.c'\.ll ;:f;^-'t,K-rv-....A.L , personally appeared, sworn to me, a Notary Public for the State of Montalla, to be the Prcsident of the Congregational Council for the Christ the King Luthcran Church, subscribed before me, and acknowledged to me that he executed the within instrument for and on behalf of Christ the King Lutheran Church. IN WITNESS WHEREOF, I have hereunto set my hand and set my seal the day and year first above written. C?ll w-df xfu1~ Notary PublicJgr the State ofl\.1;ontana Residing at i~ftY\.A."YV My Commission pires: / I - (~'-k6dOO3 " I, ~ '.' .... . --~ ~ .~ . y <I' . , .""~ ~. ", ':- -;-:, :(Ii,",' ~:- ":.. CITY OF BOZEMAN ...~....~ --.l--/___ - "., ~;,,:~.~i:\ ~ ~-."':'" .._,,--, .\ .,' By: Clark Johnson, City Manager ATTEST: ~~ '~', ",', Clerk of the City (,:pnm)issiop ,- STATE OF MONTANA}"_ , # , ':sS1'"','" " \- County of Gallatin .) On the .10 t1 day of f)<<.~ , ZD6J , before me, a Notary Public for the State of Montana, personally appeared CLARK JOHNSON AND ROBIN L. SULLIVAN, 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 halld and affixed my seal on the day and year first written above. -;;- ~-~t< Notary Public fo~ the State of Montana Residing at Bozeman, Montana My Commission Expires: 7-1 14, ZOOL I I'" <, ,,~ "\/'~-:~., '....J . i , " ....i... C~....-' <'.. ~, \..., - ~ .... c: " I SMITH/CHRIST THE KING LUTHERAN CHURCII ANNEXATION AGREEMENT 9 I . , .. . EXHIBIT A WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS SMITH/CHRIST THE KING LUTHERAN CHURCH ANNEXATION TRACT The undersigned owners ofthe real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: A Lot 1 of Minor Subdivision No. 253, Section 3, T2S, R5E, PMM, Gallatin County, N a: a N Montana, said tract being 8.969 acres along with and subject to any existing Q:::o ~o~ easements. UJag UJ~~ IN CONSIDERA TION of receiving approval for annexation ofthe subject property from the City Q.~ U1- N-~ "-a of Bozeman, along with accompanying rights alld privileges and for other and valuable consideration, iiiiiiiiii a !!!!!!!!!!!!!!! a -.., !!!!!!!!!!!!!!! .. the receipt of which is hereby acknowledged, and in recognition of the impacts on traffic, and the need iiiiiiiiii iiiiiiiiii - for municipal water and sewer services that will be a result ofthe development ofthe above-described =0 -'" -... ==lE property, the owners have waived and do hereby waive for themselves, their successors and assigns, iiiiiiiiii l- =lE !!!!!!!!!!!!!!! 0 the right to protest the creation of one or more special improvement districts for street improvements, !!!!!!!!!!!!!!! 0 iiiiiiiiii c -- -~ including paving, curb/gutter, sidewalk, storm drainage facilities, and any associated traffic =- -- -- -- =0 signals for Durston Road, Oak Street, Flanders Mill Road and Ferguson Avenue, orto make any -' -. _0 =c -- written protest against the size or area or creation of the district to be assessed in response to a duly -> iiiiiiiiii >- -. =- passed resolution of intention to create one or more special improvement districts which would -- -. !!!!!!!!!!!!!!! .s:c -'" include the above-described property. In the event Special Improvement Districts are not utilized for the completion of these projects, we agree to participate in an alternate :financing method for completion of said improvements on a fai r share, proportionate basis as determined by square footage ofthe property, linear front footage ofthe property, taxable valuation of the property, or a combination thereof. This waiver shall be a covenant running with the land and shall not expire with the dissolution of the limited partnership, provided however this waiver shall apply to the lands herein described. The terms, COVenallts and provisions of the Waiver shall extend to, and be binding upon the successors-in-interest alld assigns of the parties hereto. DATED this ..lL day of J::B-G/~ , 2001. LANDOWNER .~t.~ISd4;j)~ f {l~d /~ {~I.J---. (;L~ Michael Beehler, President . Congregational Council Christ the King Lutheran Church STATE OF MONTANA ) :ss County of Gallatin ) On thisiOt1 dayof !J.v:vVWvIJ ,2001, Michael Beehler, whose identity I verified on the basis of !l.~'~.tV-zA/) J!^/~;.~ , personally appeared, sworn to me, a Notary Public for the Stat~ of Montana, to be the President of the Congregational Council for the Christ the King Lutheran Church, subscribed before me, and acknowledged to me that he executed the within instrument for and on behalf of Christ the King Lutheran Church. IN WITNESS WHEREOF, I have hereunto set my hand and set my seal the dayapd year first . , ~ ! I \ . It.., above written. ."','.-" ;';'(/'" &it 1 't) d~ -'~"-~~"""-':~~"'~?~~I>~- - . '''lA~<:- I "'-~ . - t-~.... '1V?JS \?'~ Not~r~ PubhcJ~r the State ofMo~tana :~ , : It -"'-- : .~,: ;: ReSIdIng at.. J:.:J-{'J"'7 -ZJ71-\....{l.;VL/ ~;:: ::-.'. y'/,'i If 10': \: ;: My Commission Efpires: i /--/ ~- k3doo3 -:-;:,,:;,,>.. .,,:/-.' ,~' '...:> ,. ~ ~.1 r. + " ';"o'>r .~!... ,"'~' . '" I SMITH/CHRIST THE KING LUTHERAN CHURCH ANNEXATION AGREEMENT . "Il) - "~ .. .' .. ". . . . . EXHIBIT B WAIVER OF RIGHT TO PROTEST a: CREATION OF SPECIAL PARKS MAINTENANCE DISTRICTS N ... N SMITH/CHRIST THE KING LUTHERAN CHURCH ANNEXATION TRACT Q;::E;j ~o;:; IO-~ The undersigned owners of the real property situated in the County of Gallatin, State of Montana, IO-~ Q .!: CIl- N....- and more particularly described as follows: D- ... iiiiiiiiiiii ... !!!!!!!!!! ~ Lot 1 of Minor Subdivision No. 253, Section 3, T2S, R5E, PMM, Gallatin County, -to !!!!!!!!!!!!!!! to Montana, said tract being 8.969 acres along with and subject to any existing === iiiiiiiiii easements. - =0 -'" -.... ===E IN CONSIDERA TTON of receiving approval for annexation of the subject property from the City iiiiiiiiii l- =E !!!!!!!!!! 0 of Bozeman, along with accompanying rights and privileges and for other and valuable consideration, !!!!!!!!!! 0 iiiiiiiiii c --< -- =. the receipt of which is hereby acknowledged, and in recognition of the impacts on the City's park -..... -..... -. =0 _I facilities and the need for the maintenance of municipal park areas to serve City residents, the owners -. _0 =c -- -> have waived and do hereby waive for themselves, thcir successors and assigns, the right to protest the iiiiiiiiii >- -. =..... creation of one or more spccial parks maintenance or improvement districts for a City-wide Parks iiiiiiiiii . !!!!!!!!!! .s::. -'" Maintenance District, or to make allY 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 parks maintenance or improvement districts. In the evcnt City-wide Parks Maintenance or Special Improvement Districts arc not utilized for the City-wide park maintcnance, we agree to participate in all alternate financing method for completion of said improvements on a fair share, proportionate basis as determined by sq uare footage of the property, linear front footage ofthc property, taxable valuation ofthe property, or a combination thefeo [. This waiver shall be a covcnant running with the land and shall not expire with the dissolution of the limited partnership, provided however this waiver shall apply to the lands herein described. The ternls, covenants and provisions of the Waiver shall extend to, and be binding upon the successors-in-interest and assigns of the parties hereto. DA TED this ~ day of j)ocPd",,- , 2001. LANDOWNER ~':LcLl ~-I"J\?M-~J- f {I;!~ ~ f~ (~-- ct~ Michael Beehler, President I i Congregational Council Christ the King Lutheran Church STATE OF MONTANA ) :ss County of Gallatin ) 'jf(i On this / ~_ day of /)J~JrIYl~~ ,2001, Michael Beehler, whose identity I verified on the basis of;}')"} ciA..l~1)'U0\~,().j'^.JU2-- , personally appeared, sworn to me, a NotaryPubIic for the State of Montana, to be the President of the Congregational Council for the Christ the King Lutheran Church, subscribed before me, and acknowledged to me that he executed the within instrument for and on behalf of Christ the King Lutheran Church. IN WITNESS WHEREOF, I have hereunto set my hand and set my seal the day and year first above written. (7 jJ ItJJJ/j(. yfdipL II..' i; ; I c.'" . '\ \'.,.'t... . :<~ ..,~~~ =~.;: '.' ,': :'. Notary Public for the State of Montana ": .1.V:J':;,' Residing at f~/y'-~) : ,-~ ;';,-,,-.;:: -' . My Commission' xpires: / / - ( ?y-fl3:?OO3 "-:-r 'r., i /{ V 1 ~'. +" ' : '": i "r~ I '...1 . \ . '"-:., ("""<..~.:;,. t.' .~.:t~ -> '" :_' :..... >."!, I :' J .. ................,,~~. SMITH/CHRIST THE KING LUTHERAN CHURCH ANNEXATION AGREEMENT '.1] ;.' I . .. . . ~..~~-