HomeMy WebLinkAbout04- D.A.K. Annexation
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~ D.AK ANNEXATION AGREEMENT
THIS AGREEMENT is made and entered into this 19th day of __"_--Ap.r..i 1 , 20Q~
by and between the CITY OF BOZEMAN, a municipal corporation alld political subdivision of
the State of Montana, with offices at 411 East Main Street, Bozeman, Montana 59771-1230,
hereinafter referred to as "City", and Evert Wierda, 13707 Camp Creek Road, Manhattan,
Montana 59741 and Buffalo Land Management, L.L.C., 12720 Camp Creek Road,
Manhattan, Montana 59741 hereinafter referred to as "Landowner".
WITNESSETH:
WHEREAS, the Landowncr is owner in fee of a tract of certain real property, hereinafter
referred to as the "D.A.K. ANNEXATION", situated in Gallatin County, Montana, and more
particularly described as follows:
The tract of land described in Document Number 2058722, records in the office of the Clerk and
Recorder, Gallatin County, Montana, and located in the Southeast Quarter of the Southwest QUalter of
Section 35, Township 1 South, Range 5 East ofP.M.M., and being further described as follows:
Commencing at the South quarter corner ofScction 35, Township 1 South, Range 5
East,ofP.M.M.;
thence westerly 269016' 00", assumed azimuth from North, 661.04 feet along the
south line ofthe Southwest quarter of said Section 35, to the point of beginning ofthe
property to be described;
thence continuing westerly 2690 16' 00" azimuth 330.52 feet along said South line;
thence northerly 3590 52' 35" azimuth 1325040 feet along the west line ofthe East half
of the West half of the Southcast quarter of the Southwest quarter of said Section 35;
thence easterly 089018' 00" azimuth 330.89 feet along the North line of the East half
of the west hal f of the Southeast quarter of the Southwest quarter of said Section 35;
thence southerly 179053' 33" azimuth 1325.21 feet along the East line ofthe East half
ofthe West half ofthe Southeast quarter ofthe Southwest quartcr of said Section 35 to
the point of beginning.
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Sh.ll.y Vano.-Gallatin Co MT MISC 120,00
WHEREAS, the Landowner has petitioned the City for annexation ofthe contiguous tract;
and
WHEREAS, the D.A.K. ANNEXATJON is not within the corporate limits of the City or
other municipality but is contiguous to the City 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 43.
WHEREAS, all parties recognize that the alU1exation of the D.A.K. ANNEXATION
pursuant to Section 7-2-4301, et seq., M.C.A., will entitle the said property to City services,
including municipal watcr and sewer service, upon their availability; and
WHEREAS, M.C.A. Section 7-2-4305 provides that a municipality and landowner 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 Landowner wishes to convey to the City certain water rights or take some
equivalent action to provide water and sewer service to the D.A.K. ANNEXATION; and
WHEREAS, all parties recognize that the development of the D.A.K. ANNEXATION will
impact Baxter Lane and Thomas Drive, and will require additional public street improvements
for traffic circulation; 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 provide traffic
circulation [or development near and within the D.A.K. ANNEXA nON; and
WHEREAS, thc 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 exists and as it is reasonably expected to enlarge; and
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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 deternlined that it is in the best interests of the City and the
Landowner, and in furtherance of the public health, safety and welfare of the community to enter
into and implement this Agreement.
IN CONSIDERATION of the mutual covenants and agrcements 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 D.A.K. ANNEXATION with the
City. The City, on June 3, 2002, adopted a Resolution ofIntent to Almex the D.A.K.
ANNEXATION. By execution of this Agreement, the City has manifested its intention to annex
the D.A.K. ANNEXATION tract pursuant to the terms 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 Rcsolution of Annexation ofthe D.A.K. ANNEXATION to thc City. Further, upon the
execution ofthis Agreement, the Landowner shall do all things necessary and proper to aid and
assist the City in carrying out the terms, conditions and provisions of this Agreement and
effectuate the annexation ofthe D.A.K. ANNEXATION tract to the City.
3. Services Provided
The City will, upon annexation, make available only existing City services to the extent
currently available, including municipal water service, municipal sewer service, police protection,
and fire protection, to the D.A.K. ANNEXATION, as provided in this Agreement.
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Sh.ll.y Vano.-Gallatln Co MT MISC 120,00
4. Municipal Water Service Defined
The term "municipal water service" as is used in this Agreement shall be the service which
is supplied by the City in accordance with Chapter 13.12, Bozeman Municipal Code, or as may be
amended, as well as any other terms and conditions which apply to the City's provision of this
service. The term does not contemplate the extension of lines or construction of necessary
improvements at any cost to the City for delivery of water to and within the D.A.K.
ANNEXA TION. 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 the
D.A.K. ANNEXA TlON to include, but not limited to, any impact fees, hook-up, connection, or
development charges which may be established by the City.
5. Municipal Sewer Service Defined
The term "municipal sewer service" as is used in this Agreement shall be the service which
is supplied by the City in accordance with Chapter 13.24, Bozeman Municipal Code, or as may be
amended, as well as any other terms and conditions which apply to the City's provision of this
service. The term does not contemplate the extension oflines or construction of necessary
improvements at any cost to the City for collection of sewage at and within the D.A.K.
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 D.A.K. ANNEXATION to include, but not limited to, any impact fees, hookup,
connection, or development charges which may be established by the City.
6. Water Ri2;hts
The parties acknowledge the following City policy:
Prior to annexation of property. it shall be the policy of the Ci~v o.lBozeman to
acquire usable water rights, or an appropriate fee in lieu thereof equal to the
anticipated average annual consumption o.lwater by residents and/or users o.lthe
property when fillZv developed. The fee may be used to acquire water rights or for
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Shelley Vano.-Gal1atln Co MT MISe 120.00
improvements to the water .system which would create additional water supply
capacity. Except, however, thatfor any annexation in excess often (10) acres, this
policy shall be carried out prior to final plat approval of each development phase.
Section 2, No.5, Commission Resolution 3137, Adopted August 19, 1996
The D.A. K. ANNEXATION consists of approximately 10.32 acres.
The Landowner understands and agrees that they must provide sufficient water rights in
accordance with the City's policy according to the following schedule:
D.A.K. ANNEXATION, consisting of a total of 1 0.32 acres, shall
provide water rights or cash-in-lieu prior to a Final Site Plan or
Final Plat by the City of Bozeman, whichever comes first. .
The Landowner shall provide sufficient cash-in-lieu as calculated by the City in accordance
with its policy at the time of calculation. The Landowner further understands that the City will
calculate the average annual diversion requirement necessary to provide water to this annexation
tract on the basis of the zoning designation and/or City-approved development for the property at
the time such calculation is made.
7. Comprehensive Water and Sewer Desien Report
Prior to future development of the property, the Landowner shall have prepared by a
Professional Engineer, at Landowner's expense, a comprehensive design report evaluating existing
capacity of sewer and water utilities. The report must include hydraulic evaluations of each utility
for both existing and post-development demands, and the report findings must demonstrate
adequate capacity to serve the full development of the land. If adequate water and/or sewer
capacity is not available for full development, the report must identify necessary water system and
sewer system improvements required for full development. The Landowner agrees to complete at
Landowner's expense, the necessary system improvements to serve the full development.
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8. Future Development Sh.l1.y Vano.-Gallatln Co MT MISC 120,00
Landowner understands and agrees that municipal services are not currently available to
much ofthe area proposed for annexation, and that there is no right, either granted or implied by
the City, for the Landowncr to develop any of the D.A.K. ANNEXATION until it is verified by the
City that necessary municipal services, including but not limited to police and fire protection, are
available to all or a portion ofthe D.A.K. ANNEXATION. The Landowner is hereby on noticc of
the following requirement upon development of the D.A.K. ANNEXATION:
a. Connection to municipal water will require extension of the 12" water main at Thomas
Drive and Baxter Lane to the west property line of the proposed annexation.
b. Water mains serving this proposed tract must be looped with no dead end mains exceeding
500 feet. This ensures adequate fire protections and water quality.
c. To provide sanitary sewer service to this proposed annexation will require extension of the
Cattail Creek outfall sanitary sewer main.
d. To provide, prior to final site plan or final plat approval, a report on how future
development will fulfill thc goals and policies ofthe Adopted Growth Policy, including but
not limited to the provision for mixed housing types.
9. Impact 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 requiremcnts.
There are no existing structures on the property. At thc time new structures apply to the City's
Watcr and Sewer facilities, the Landowners shall pay all Water and Sewer Impact Pees which arc
due. The Landowners and their successors shall pay all Fire, Street, Water and Sewer Impact Fees
required by chapter 3.24, Bozeman Municipal Code, or as amended, at the time of application for
any permit listed in Section 3.24.050A, 3.24.060A, 3.24.070A, or 3.24.080A, respectively. If the
impact fees currently imposed pursuant to Chapter 3.24 of the Bozeman Municipal Code are
subsequently voided or declared invalid by a court of competent jurisdiction, Landowncrs agree to
pay the City fees or assessments established by the City for impact on City services in accordance
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Sh.ll.y Vano.-Gallatln Co MT MISC 120,00
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. If: prior to cnactment of such revised Chapter,
the Landowner applies for any permit which actuates or would have actuated impact fecs 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, and if
landowner would have been entitled to a refund under the court's decision but were it not for the
sole fact of the landowner paying impact fees because of this agreement, then all such impact fees
paid prior to the court's decision shall be held in escrow until a 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 landowner on the same percentage as the money
released to either party bears to the total sum held in escrow.
Landowners further understand and agree that any improvements, either on- or off-site,
necessary to provide connection ofD.A.K. ANNEXATION to municipal services which are
wholly attributable to the property are "project related improvements" as defined in Chapter 3.24,
Bozeman Municipal Code, or as amended, and as such, are not eligible for impact fee credits.
IfLalldowners 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
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Sh.ll.y Vano.-Gal1atln Co MT MISC 120.00
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
anlount by levying an asscssment on the premises.
B) Elect any other remedy available to City under the laws of the State of
Montana.
C) Any waiver by City of any default shall not be construed as a waiver of any
subsequent default.
D) It is agreed that it shall be no defense to the enforcement of this provision by the
City that impact fees imposed pursuant to Chaptcr 3.24 of the Bozeman
Municipal Code are subsequently voided or declared invalid by a court of
competent jurisdiction. It is the express intention of the parties not to be bound
by such a declaration or judgment and, therefore, notwithstanding any judgment
either limiting impact fee payments under anncxation agreements to specified
alllOunts, or prohibiting any such payment, landowner will pay such amount as
specified above.
10. Affordable Housin2:
Having recognized the City's concern for affordable housing, the Landowner understands and
agrees that prior to such submittal of a preliminary plat application for all or any portion ofthe subject
property, the future developer shall develop an "Affordable Housing Implementation Plan", subject to
consideration, review and approval by the City of Bozeman. Should the "Affordable Housing
Implementation Plan" be deemed applicable, said Plan shall guarantee that a certain percent of the
total number of housing units to be developed shall be managed and maintained as affordable in
accordance with guidelines established by the City of Bozeman.
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Sh.l1.y Vano.-Gallatln Co MT MISC 120,00
11. Stormwater Master Plan
Landowner understands and agrees that a Stormwater Master Plan for the D.A.K.
ANNEXATION for a system designed to remove solids, oils, grease, and other pollutants from the
runoff from the public streets must be provided to and approved by the City Engineer at the time of
I any future development. The master plan must depict the maximum sized retention/detention
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basin location and locate and provide easements for adequate drainage ways within the area to
transport fUnoffto the stormwater receiving channel(s). The plan shall include site grading and
elevation information, typical stormwater detention/retention basin and discharge structure details,
basin sizing calculations, and stormwater maintenance plan.
12. Traffic Analysis Report
Landowner shall provide a detailed Traffic Analysis Report(s) at the time of future
development of any portion of the annexed property.
13. Waiver of Ril!ht-to-Protest Special Improvement Districts
Landowner has executed a Waiver of Right-to-Protest Creation of Special Improvement
Districts for street improvements, including paving, curb/gutter, sidewalk, and storm drainage
appurtenances to Baxter Lane and Thornas Lane/2ill Avenue; water main improvementsfor trunk
water lines for Baxter Lane Water Lines and Davis Lane/Fowler Lane water lines; any sewer
main that will allow for gravity collection service to the property; and havefurther executed a
Waiver of Right-to-Protest Creation of Special Parks Maintenance Districts. Said Waivers are
attached hereto as Exhibits A and B.
14. Ril!ht-of-Way/Easement for Future Roadways
Landowner has dedicated, by Public Access Easement, the following lalld to the City of
Bozeman for right-of-way purposes, which represent Landowner's proportionate share ofthe
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Sh.ll.y Vano.-Gallatln Co MT MISC 120.00
necessary right-of-way. Said Public Access Eascment will be filed with the Gallatin County Clerk
and Recorder at the time this Annexation Agreement is :filed.
a) A 50-/00t portion along the southemmost line of said property to be deeded as the
north half of the East Baxter Lane right-of-way.
15. Utility Easements
Landowner understallds and agrees that utility easements, a minimum of 30 feet in width,
will be necessary for the installation and maintenance of water and sewer utility services to the
annexed parcel. The Landowner shall create such 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 any of the parcels.
16. Additional Terms of Waivers
The parties recognize that these documents shall be filed and ofrecord with the Gallatin
County Clerk and Recorder prior to the sale of any land within the D.A.K. ANNEXATION. The
parties further agree that the City may file these documents at any time.
17. Governin2 Law and Venue
This Agreement shall be construed under and governed by the laws of the state of Montana.
In the event of litigation concerning this Agrcement, venue is in the Eighteenth Judicial District
Court, Gallatin County, State of Montana.
18. Attorney's Fees
In the event it becomes necessary for either party to this Agreement to retain an attorney to
enforce any of the tenus 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.
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19. Waiver Sh.lley Vano.-Gallatln Co MT MISC 120.00
No waiver by either party of any breach of any term, covenant OT agreement shall be
deemed a waiveT of the sanle or any subsequent breach of this sanle or any otheT term, covenant or
agreement. No covenant, term or agreement shall be dcemed waived by either party unless waived
in writing.
20. Invalid Provision
The invalidity or unenforceability of any provision of this Agreement shall not affCct the
otheT provisions hereof, and this Agreement shall be construed in all respects as if such invalid or
unenforceable provision were omitted.
21. Modifications or Alterations
No modification or amendment of this Agreement shall be valid unless evidenced by a
writing signed by the parties hereto.
22. No Assi2nment
It is expressly agreed that thc Landowner shall not assign this Agreement in whole or in
part without prior writtcn consent of the City.
23. Successors
This Agreement shall be binding upon, inure to the benefit of and be enforceable by the
parties hereto and their respective heirs, successors and assigns.
24. Covenants to Run with the Land
The parties intend that the tem1S of this Agreement shall be covenants running with the
land and shall not expire at their deaths or upon transfer of ownership of the property.
The undersigned Landowners affirms that they have authority to enter into this Agreement
on behalf of their partnership, and to hind the partnership to this Agreement.
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Sh.ll.y Vano.-Gallatln Co MT MISC 120.00
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year first above written.
LANDOWNER
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Evert Wierda
On this ~ day of , 20..!23-, before me, the undersigned, a
Notary Public for the State of Montana, rsonally appeared Evert Wierda, known to be the persons
whose name is subscribed to the within instrument and acknowledged to me that he executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written. Go.A.,oJ.t;:, ~~.(J-t;t-
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I D.A.K. ANNEXATION AGREEMENT I2 I
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Sh.l1ey Vano.-Gallatln Co MT MISC 120.00
LANDOWNER
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Steve Nicoll
Buffalo Land Management, L.L.c.
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On this ---It.~day of ,20_, before me, the undersigned, a
Notary Public for the S ate of Montana, ersonally appeared Steve Nicoll, known to me to be the
it ... of Buffalo Land Management, L.L.c., the corporation that executed the
within mstru ent, 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 affixed my Notarial Seal the day
and year first above written.
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I D.A.K. ANNEXATION AGREEMENT 13 I
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Sh.l1.y Vano.-Gallatln Co MT MISC 120.00
." CITY OF BOZEMAN
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By: €:llffk=IeJmson=,=€jo('"YM:aRageF
Ron Brey. Acting City Manager
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STATE OF MONTANA)
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County of Gallatin )
On the ;'{~th day of ~'l 20~ before me, a Notary Public for the State of
Mon.tana, personally appeared €}:l;AR*l6H}.J~- ROBIN L. SULLIVAN, known to me to be
&<e~n:~ 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 seal on the day and
year first written above.
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I D.A.K. ANNEXATION AGREEMENT 14 I
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Sh.ll.y Vano.-Gallatln Co MT MISC 120.00
EXHIBIT A
WAIVER OF RIGHT TO PROTEST
CREA TION OF SPECIAL IMPROVEMENT DISTRICTS
D.A.K. ANNEXATION
The undersigned owners of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
The tract of land described in Document Number 2058722, records in the office of the Clerk and
Recorder, Gallati n County, Montana, and located in the Southeast Quarter ofthe Southwest Quarter of
Section 35, Township 1 South, Range 5 East ofP.M.M., and being further described as follows:
Commencing at the South quarter corner of Section 35, Township 1 South, Range 5
East,ofP.M.M.;
thence westerly 2690 16' 00", assumed azimuth from North, 661.04 feet along the
south line of the Southwest quarter of said Section 35, to the poi nt of beginning of the
property to be described;
thence continuing westerly 2690 16' 00" azimuth 330.52 feet along said South line;
thence northerly 359052' 35" azimuth 1325.40 feet along the west line ofthe East half
ofthe West half ofthe Southeast quarter of the Southwest quarter of said Section 35;
thence easterly 0890 18' DO" azimuth 330.89 feet along the North line of the East half
of the west half ofthe Southeast quarter of the Southwest quarter of said Section 35;
thence southerly 179053' 33" azimuth 1325.21 feet along the East line of the East half of
the West half of the Southeast quarter of the Southwest quarter of said Section 35 to the
point of beginning.
IN CONSIDERATION of receiving approval for alU1exation ofthe subject property from
the City of Bozeman, along with accompanying rights and privileges and for other and valuable
consideration, the receipt of which is hereby acknowledged, and in recognition of the impact to
Baxter Lane and Thomas Lane/21" Avenue and to the water lines for Baxter Lane and Davis
Lane/Fowler Lane as well as the potential impacts to any sewer main that will provide gravity
service to the property, which will be caused by the development of the above-described property,
the owner has waived and do hereby waive for itself, its successors and assigns, the right to protest
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, the creation of one or more special improvement districts for paving, curb, gutter, sidewalk, and
a:
drainage improvements to Baxter Lane and Thomas Lane/2?" Avenue; for water main t:o ~
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improvements for trunk water lines for Baxter Lane water lines and Davis Lane/Fowler Lane CO <D ~
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water lines; and any sewer main that will allow gravity collection service to the property or to N 1:
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make any written protest against the size or area or creation of the district be assessed in response ~ ~
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to a duly passed resolution of intention to create one or more special improvement districts which - 0
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would include the above-described property. _ ~
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This waiver shall be a covenant running with the land and shall not expire with the dissolution = ::
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of the limited partnership, provided however this waiver shall apply to the lands herein described. _ 1
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The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the !
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successors-in-interest and assigns of the parties hereto. - l/l
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DA TED this li.l- day of \.~~ ), , 20~.
LANDOWNER
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- . /, .
C'>--'-"'l/~i.-\..7/ U -",\".L\..,t.'{i~,-_"
. Evert Wierda
On this J({4 day of , 2003 , before me, the undersigned, a
Notary Public for the State of Montana, ersonally appeared Evert Wierda, known to be the persons
whose name is subscribed to the within instrument and acknowledged to me that he executed the
Sal11e.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written. ~;f(, hJti.
(SEAL) (Z{J..)"L) I L. ,S (7 ftftt+
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<,'.I'~\< \.. S "I,.., Pnnte Na~e Here)
/.$').~'~i,~~~();'''-;. Not~~ PublIc for the State, of Montana
2' c....~:... O.1A'RJ.'A. ':,\,..l.;_ Resldmg a~ ~~-rt./, Montan...a .'
~: ~---,fit}::: My CommlsslO Expires J I - I ~ - .;2003
;. *... SE' A'L' ,: * 2 ((/v"" oJ 6iV/?/-./<-"
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I DAK ANNEXATION AGREEMENT 16 I
. 11~1I111~111I11 ~II~ III ~II~II~IIIIIIIIIIIIIIIIIII ~:t~e~~?, .
, . LANDOWNER
Sh.ll.y Vano.-Gal1atln Co MT MISC 120.00
~~lb
Steve Nicoll
Buffalo Land Management, L.L.c.
On this J g1!1 day of + , 20~, before me, the undersigned, a
otary Public c;>r the State of Montana, ersonally appeared Steve Nicoll, known to me to be the
ii. " , 1/' of Buffalo Land Management, L.L.C., the corporation that executed the
within st ment, 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 affixed my Notarial Seal the day
and year first above written.
(SEAL) ~ :JiM}
>. i, \ ; ,I. [ ) I .' I)
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.;.,~. .~~>~.~' It ~, ,>.,I~,.~ '~, (Printed Name Here)
~ '0'; ~o,. AAJ-"l.l.',.....-, '::
.:: ,'" ',::' Notary Public for the State of Montana
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~~'. -!-.' ro p '\1. : l' - Residing at '~rt..;Montalla
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I~" ~''<..~~~.~ ~t'('4'~>.' " My Commission Expires i/ ~ /3 -.:J<l1.23
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I OAK. ANNEXATION AGREEMENT 17 I
. . , IIII~IIIIII ~III ~II~ III ~II~II~IIIIIIII~III~ 1111.~~t~f~0~~
. . EXHIBIT B Sh.ll.y Vano.-Gal1atln Co MT MISC 120.00
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL PARKS MAINTENANCE DISTRICTS
D.A.K. ANNEXATION
The undersigned owners ofthe real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
The tract of land described in Document Number 2058722, rccords in the office of the Clerk and
Recorder, Gallatin County, Montana, and located in the Southeast Quarter of the Southwest Quarter of
Section 35, Township 1 South, Range 5 East ofP.M.M., and being further described as follows:
Commencing at the South quarter corner of Section 35, Township 1 South, Range 5
East,ofP.M.M.;
thence westerly 2690 16' 00", assumed azimuth from North, 661.04 feet along the
south line ofthe Southwest quarter of said Section 35, to the point of beginning ofthe
property to be described;
thence continuing westerly 2690 16' 00" azimuth 330.52 feet along said South line;
thence northerly 359052' 35" azimuth 1325.40 feet along the west line ofthe East half
of the West half of the Southeast quarter of the Southwest quarter of said Section 35;
thence easterly 089018' 00" azimuth 330.89 feet along the North line ofthe East half
of the west half ofthe Southeast quarter ofthe Southwest quarter of said Section 35;
thence southerly 1790 53' 33" azimuth 1325.21 feet along the East line of the East half of
the West half of the Southeast quarter of the Southwest quarter of said Section 35 to the
point of beginning.
IN CONSIDERATION ofreceiving approval for annexation ofthe subject property from the City
of Bozeman, along with accompanying rights and privileges and for other and valuable consideration,
the receipt of which is hereby acknowledged, and in recognition of the impacts on the City's park
facilities and the need for the maintenance of municipal park areas to serve City residents, the owners
have waived and do hereby waive for themselves, their successors and assigns, the right to protest the
creation of one or morc special parks maintenance or improvcment districts for a City-wide Parks
Maintenance District, or to make any written protest against the size or area or creation ofthe district
I OAK. ANNEXATION AGREEMENT 18 I
-------------
" .A. I .
, · , . 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 event City-wide Parks Maintenance or Special Improvement Districts are not utilized for
the City-wide park maintenance, we agree to participate in an alternate :financing method for
completion of said improvements on a fair share, proportionate basis as determined by square footage
ofthe property, linear front footage ofthe property, taxable valuation ofthe 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, covenants and provisions of the Waiver shall extend to, and be binding upon the
successors-in-interest and assigns of the parties hereto.
'11 ri. .
DATED this --IL day of 1 ~ ' 20~.
LANDOWNER
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( r--(/,"'''j'I../l "V~/\..L/\.i:-"l'c..
Evert Wierda
On this irf! day of ~.~ ' 20 cO , before me, the undersigned, a
Notary Public for the State of Montana, p son ally appeared Evert Wlerda, known to be the persons
whose name is subscribed to the within instrument and acknowledged to me that he executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hang. and a~. xed my ~o)1ri.~~the day
and year first above written. l~~ ;x:fJ::..Y~
(SEAL) (!Q YO! L, "S~. /w f+
,\\<\\IH'lIl1'I . (Printed Nal11e Here)
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'''\>.~ \...T\";'~"'c;J.;.O"''''''' Notary Public for the St~t of Montana
<'" \.,'!.... 4 1It~....."'" :-~
~. '\:,' t\ . ....~\ ~ Residing at~~IYYU''v , Montana
;:- (.). ,."RJ' '.""" ;. .... -::.
:: : ~O .' A(: = MyCommIssIo ExpIres /1- ,3-?Du-....J
;:; : -- ; -.i.-::: /(),W,f.l 0 f 671 1/,. j v
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"\~~D,~\~~~~~:f IIII~IIIIII ~IIIIIII~ III ~~~II~IIIIIIIII~II~ 1111 ~~jf~,~?,
Sh.ll.y Vano.-GalIatln Co MT MISC 120.00
I OAK. ANNEXATION AGREEMENT 19 I
, II , " .
. .III~IIIIIII ~III ~IIIIIIIIIII~IIIIIIIIIIIIII~IIIIIII ~~ft!-?,
. LANDOWNER
Sh.ll.y Vano.-Gallatln Co MT MISC 120.00
-~~uQo
Steve Nicoll
Buffalo Land Management, L.L.c.
iJl-
On this / ( day of , 20.L:2d.., before me, the undersigned, a
. ' ersonally appeared Steve Nicoll, known to me to be the
Notary PublIc for the State of Montana,
- of Buffalo Land Management, L.L.c., 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 affixed my Notarial Seal the day
and year first above written.
(SEAL) (Ja/cd,J xlAtft-
" \ \.11111 r I; &(0 ( C Sc Aofr
" '. .11 (Printed Name Here)
. \::",80 1.1",-
O\. ......,- At .- Notary Pub1~for the Sta~fMontana
-:-.. ,.' <~"~' 0)1"'"
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-':._): ~O" ^;f\/~l '. '.-;, Residing a~ ~~ ' Montana .
~ ; :" .""';'0;.,. ,h~,~ My Commission Expires If -, ~ -- ~
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I DAK. ANNEXATION AGREEMENT 20 I
ANNEXA liON MAP
.
- A 'TRACT Of ~ LOCAlED ~ l1-E ~4. ~4, 8N1/4 OF
SECTION 35, TIS, R5E, P.MU. CWJ..Am COlNTY, t<<)NTANA
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BAXmI UHE SlBII\o\SOl ""'1 , L~ Decrlpllon
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~ BOZEMAN CITY UMITS--' SI/4 ~ SEC1J()I
ZtNQ 18
ZtNQ 18 lRW..l
" ~ \U1ID P NmDS>IP CNlt. Il V>J<<RIICl.DI
11th 2078 C.o.S.l~
,_ <<no
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