HomeMy WebLinkAbout04- Deaconess Farmstead Annexation Agreement
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DEACONESS FARMSTEAD ANNEXATION
ANNEXATION AGREEMENT
'flUS AGREEMENT made and entered into this ,,'I- i-t day of .tJL-C;.e 4'rw iz<;;
2000, by and bctween 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, hereinaftcr referred to as "City" and BOZEMAN DEACONESS HEALTH
SERVICES, 915 Highland Boulevard, Bozeman, Montana 59715, hereinafter referred to as
"Landowner" .
WITNESSETH:
WHEREAS, Landowner, is owner in fee of a tract of certain real property, hereinafter
referred to as the "DEACONESS FARMSTEAD ANNEXATION" situated in Gallatin County,
Montana, and more particularly described as follows:
A tract of land being thc E1I2 NW 1/4, that portion of the NE 114 lying southwesterly of
the southwesterly right-of-way line of Haggerty Lanc, the SE 1/4, and that portion of the
SW 1/4 lying casterly of New Hyalite View Subdivision, all located in Section 17, T2S,
R6E, P.M.M., Gallatin County; bcing further described as follows:
Beginning at the North 1/4 Corner of said Section 17; Thence, on the north line of the NE
114 of said Section 17, S89 04'24"E 929.58 feet to a point on the southwesterly right-of-
way line of Haggerty Lane; Thence, on said right-of-way thc following three (3) courses:
I) S52 14'22"E 295.78 feet, 2) southeasterly on a curve to thc left, having a radius of
1990.00 feet, through a central angle of 0443'30" an arc distancc of 164.11 feet, 3) S56
57'52"E 1595.15 feet to a point on the cast line of the NE 1/4 of said Section 17; Thence,
on said east line, SOO 56'31 "W 1520.15 feet to the East 1/4 Corner of said Section 17;
Thence, SOO 24'45"W 2654.89 feet to the Southeast Corner of said Section 17; Thence
n89 43'40"W 2643.54 feet to the South 1/4 Corncr of said Section 17; Thence, on the
south line of the SW 1/4 of said Section 17, N89 26'32"W 1329.73 feet to the Southeast
Corner of New Hyalite View Subdivision, Plat Book F, Pagc 13, Gallatin County records;
Thence, on the easterly boundary of said subdivision the following four (4) courses:
1)N19 37'28"E 650.26 feet, 2) N33 17'28"E 580.23 feet, 3) N42 29'28"E 600.24 feet, 4)
N20 29'30"E 1182.63 feet to the Northeast Corner of said subdivision; Thence, on the
north line of said subdivision, N89 26'32"W 1331.43 feet to the Southeast Corner of the
Central Addition to the City of Bozeman, being also thc C- W 1/ 16 Corner of said Section
17; Thence, NOO 33'13"E 2654.37 feet to the Northeast Corner of the Central Addition to
the City of Bozeman, being also the West 1/16 Corner common to Sections 8 and 17;
Thence, S89 29'16"E 1332.38 feet to the point of beginning.
Said Tract contains 419.579 acres, more or less, and is subject to all casements of fact amI
record.
WHEREAS, the Landowner has petitioned the City for annexation of the contiguous
tract; and
WHEREAS, the DEACONESS FARMSTEAD ANNEXATION is not within the
corporatc limits of the City or othcr municipality but is contiguous to the City and may thereforc
be annexed to the City in accordance with the provisions of this Agreement and M.C.A. Title 7,
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Chaptcr 2, Part 43.
WHEREAS, all parties rccognize that the annexation of the DEACONESS
FARMSTEAD ANNEXATION pursuant to Section 7-2-4301, ct seq., M.C.A. will entitle the
said property to City scrvices, including municipal water and scwer service, upon their
availability; and
WHEREAS, M.C.A. Section 7-2~4305 provides that a municipality and landowner can
agrcc to the provisions of services to thc area to be annexcd; and
WHEREAS, the City's prescnt water supply is insufficient to enable it to supply
reasonably adequate water service to additional customcrs outside the present city boundaries;
and
WHEREAS, all parties recognize that thc development of the DEACONESS
FARMSTEAD ANNEXATION will impact area streets, and that future improvements may be
required additional public street improvemcnts for traffic circulation; and
WHEREAS, the Landowner wishcs to convey to the City certain water rights or take
some equivalent action to provide water and sewer service to the DEACONESS FARMSrEAD
ANNEXATION; and
WHEREAS, the Landowncr finds that this Agreement will provide for the most
satisfactory and dependable water supply and sewer supply or service available to furnish water
and wastewater collected, and provide traffic circulation for development near and within the
DEACONESS FARMSTEAD 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 exists and as it is reasonably expected to enlarge; and
WHEREAS, thc securing of an adequate water supply, wastcwater collection, and traffic
systems by the City is necessary and of mutual advantage to the parties hereto.
WHEREAS, the parties havc 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.
WIT N ESE T 11:
IN CONSIDERATION of the mutual covenants and agreements herein contained, the
parties hereto agree as follows:
1. Recitals
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The above recitals arc true and correct.
2. Anncxation
The Landowner filed an application for annexation of the DEACONESS FARMSTEAD
ANNEXATION with the City. The City, on May 4, 1998, adopted a Resolution of lntcnt to
Annex the DEACONESS FARMSTEAD ANNEXATION. By cxecution of this Agreement, the
City has manifestcd its intention to annex the DEACONESS FARMSTEAD 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 Resolution of
Annexation of the DEACONESS FARMSTEAD ANNEXATION to the City. Further, upon the
execution of this Agreement, the l."andowner, 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 of the DEACONESS FARMSTEAD ANNEXATION tract to the City.
3. Serviccs Provided
The City will, upon annexation, make available only existing City services to the extent
currently available, including municipal water service, municipal sewer scrvice, police
protection, and fire protection, to the DEACONESS FARMSTEAD ANNEXATION, as
providcd in this Agreement.
4. Municipal Water Service Defincd
Thc term "municipal water servicc" 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 watcr to and within the DEACONESS
FARMSTEAD ANNEXATION. Nothing in this Agreement shall obligate the City to pay for
right-of-way acquisition, engineering, construction, and other costs for the dcIivery of water to or
within the DEACONESS FARMSTEAD ANNEXATION to include, but not limited to, any
impact fces, hook-up, conncction, or development charges which havc been or may be
established by the City.
5. Municipal Sewer Service Defined
The term "municipal sewcr service" as is used in this Agreement shall be the service
which is supplied by the City in accordance with Chapter J 3.24, Bozeman Municipal Codc, or as
may be amended, as well as any other terms and conditions which apply to the City's provision
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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 DEACONESS
FARMSTEAD ANNEXATION. Nothing in this Agreement shall obligatc the City to pay for
right-of-way acquisition, engineering, construction, and other costs for the collection of sewage
services to or within the DEACONESS FARMSTEAD ANNEXATION to include, but not
limited to, any impact fees, hookup, connection, or devcIopment charges which may be
established by the City.
6. Water Rij!hts
The parties acknowledge the following City pol icy:
Prior to annexation of property, it shall be the policy of the City of Bozeman to acquire
usable water rights, or an appropriate fee in lieu thereof, equal to the anticipated average
annual consumption of watcr by residents and/or users of the property when fully
developed. The fee may bc 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 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 DEACONESS FARMSTEAD ANNEXATION consists of approximately 419.579
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:
DEACONESS FARMSTEAD ANNEXA TlON, consisting (~la total 01419.579
acres, prior to filing of any final subdivision plat, .final site plan approval or the
issuance of any building permit, whichever occurs first.
The Landowner shall provide sufficient water rights or 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 requiremcnt necessary to provide water
to this anncxation traet on the basis of the zoning designation and/or City-approved dcvclopment
for the property at the time such calculation is made.
The Landowner agrecs 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
building permit, whichever occurs first.
7. Comprehensive Water and Water Desij!n Report
Prior to future development of thc property, the Landowner may be required to have
prepared by a Professional Engineer, at Landowner's expense, a comprchcnsive 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-developmcnt demands, and the
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report findings must demonstrate adequate capacity to servc thc full development of the land. If
adequatc infrastructure capacity is not available for full devcIopmcnt, the report must identify
neccssary system improvcments required for full devcIopment. The Landowner agrees to
compIctc at Landowner's expcnse, the necessary system improvcments to serve the full
development.
8. Ii'uture Development Limitations
Landowner understands and agrees that substantial limitations for growth exist in the
wastewater collection systcm for this property which will need to be addressed in conjunction
with development of the parccI. Water pressure is also minimal in this area and individual
booster pumps may be required for service. The future dcvcIoper will be responsible for
installing any facilities required to provide full municipal services to the property in accordancc
with the City's Infrastructure Master Plans and all city policies and guidelines that may be in
effect at the time of development. Thus, Landowner understands and agrccs that there is no
right, either grantcd or implied by the City, for the Landowner to develop any of the
DEACONESS FARMSTEAD ANNEXATION until it is verified by thc City that neccssary
municipal services, including but not limitcd to pol ice and fire protection, and sewcr and water
capacity, arc available to all or a portion of the DEACONESS FARMSTEAD ANNEXATION.
9. Stonnwater Master Plan
Landowner understands and agrees that a Stormwater Master Plan for thc DEACONESS
FARMSTEAD ANNEXATION for a system designed to remove solids, oils, grease, and other
pollutants from the runoff from thc publ ic streets may be required to be provided to and approved
by the City Engineer at the time of any future development. The master plan, if required, must
depict the maximum sized retention/detcntion basin location and locate and provide easements
for adequatc drainage ways within the area to transport runoff to the stormwater receiving
channel(s). The plan shallincl ude site grading and elevation information, typical stormwater
detention/retention basin and discharge structure details, basin sizing calculations, and
storm water maintenance plan.
10. Traffic Analvsis Report
Landowncr understands and agrees that a detailed Traffic Analysis Report(s) may be
required to be submittcd at the time of future developmcnt of any portion of the annexed
property.
11. Waiver of Rieht-to-I'rotest Special Improvement Districts and Rural Improvemcnt
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Districts
Landowner has executed a Waiver of Right-to-Protest Creation of Special Improvement
Districts for maintenance of any parks within the annexcd area and/or of a City-wide Park
Maintenance District, and Waivers of Right-to-Protest Creation of Special Improvement Districts
and Rural Improvement Districts, which would provide a mechanism for the fair and equitable
assessment of maintenance costs for such parks, and for street improvements in the arca,
including paving, curb and gutter, sidewalk, storm drainage, and any associated traffic signals
for:
1) Highland Boulevard from Kagy Boulevard to East Main Street;
2) Kagy Boulevard from Highland Boulevard to Bozeman Trail Road;
3) Bozeman Trail Road from Kagy Boulevard to Haggerty Lane;
4) Haggerty Lane from Bozeman Trail Road to East Main Street; and
5) Ellis Street from Haggerty Lane to Highland Boulevard.
Said Waivers are attached hereto as Exhibits "A", "B" and "C", and arc hereby
incorporated in and madc a part of this Agrecment.
12. Utilitv Easements
The Landowner understands and agrees that utility easements, a minimum of thirty (30)
feet in width, will be necessary for the installation and maintcnance of water and sewer utility
services to the annexed parcel. The Landowner shall create such easemcnts in locations
agreeable to thc City during the appropriate development procedures, but in no event later than
the filing of any final plat or site plan review or issuance of a building permit on the parcel(s).
13. Affordable Housing
Having recognized the City's concern for affordable housing, the Landowner understands
and agrecs that prior to submittal of a prel iminary plat application for all or any portion of the
subject property, the future developer shall dcvelop an "Affordable Housing Plan", subject to
review and approval by the City of Bozeman, guaranteeing that at least fiftccn (15) percent of the
total number of housing units to be developed shall be managed and maintained as affordable in
accordancc with guidelines established by the City of Bozeman. Said housing units shall, to the
maximum extent possible, be dispersed throughout the subdivision development, and may be
rental units or owner occupied units; however, at least two percent (2%) of the total number of
lots created for single-family detached residential housing construction shall be donated to the
H.R.D.C. land trust or other applicable agcncy for construction of affordable single-family
detached housing units, with proper assurances for perpetual affordability. Said donated lots for
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single-family detached residential construction shall be of at least average size of thosc lots
otherwise found in the subdivision development.
14. Impact Fees
Landowncr(s) hereby acknowlcdgc that annexation and development of their propcrty will
impact the City's cxisting street, watcr, and sewer infrastructure, and fire service requircments. Thcrc
are no existing structures on the property. At the time new structurcs apply to the City's Water and
Sewer facilitics, thc 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 thc timc of
application for any permit listed in Section 3.24.050A, 3.24.060.A,3.24.070.A or 3.24.080.A,
rcspectivel y.
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
agrees to pay the City fees, or assessmcnts, established by the City for impact on City scrvices in
accordancc with a new or revised Chapter of the Bozeman Municipal Code lawfully enacted as a
result of such Court dceision after the date of the Court decision.
If, prior to enactmcnt of such revised Chapter, thc Landowner applies for any permit which
actuates or which would actuate impact fees pursuant to current Chapter 3.24 of the Bozeman
Municipal Code, the Landowncr 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 dcclares Chapter 3.24 of the Bozeman Municipal Code invalid, and if landowncr
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 agrecmcnt, then all such impact fees paid prior to the
Court's decision shall bc 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 bc released to
the city and the balancc, if any, returned to the landowncr. All accumulated interest on the sum held
in cscrow shall be released to the City or landowner on the same percentagc as the money relcascd to
cither 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 of Deaconess Farmstcad Anncxation Tract to municipal services
which are wholly attributable to the property arc "projcct relatcd improvements" as defined in
Chapter 3.24, Bozeman Municipal Codc, or as amended, and as such, are not eligible for impact fee
credits.
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IF Landowner shall default on this condition at the timc such is to be performed, and should
default not be remedied or corrected within thirty (30) days after written notice by City to Landowner
of such default, City may at their option:
A. Declare the amounts owing for impact fccs immediately due and payable and City shall
have the right and privilege to take legal action against Landowner for the collection of such
sum, including the entry of any judgment. In addition, the City may, at its option, enforce
payment of sllch amount by levying an assessmcnt on the premises.
B. Elect any other remedy available to City under the laws of the Statc of Montana.
C. Any waiver by City of any default shall not bc 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 imposcd pursuant to Chapter 3.24 of the Bozcman Municipal Code are
subscqucntly voided or declarcd invalid by a court of competent jurisdiction. It is the cxpress
intention of the partics not to be bound by such a declaration or judgment and, therefore,
notwithstanding any judgment cithcr limiting impact fee payments under anncxation
agreements to specificd amounts, or prohibiting any such paymcnt, landowner will pay such
amount as specified above.
15. Additional Terms of Waivers
The parties recognize that thcse documents shall be filed and of record with thc Gallatin
County Clerk and Recorder prior to the sale of any land with the DEACONESS FARMSTEAD
ANNEXATION. Thc parties further agree that thc City may file these documents at any time.
16. Governine: Law and Venue
This agreement shall be construed under and govcrncd by the laws of the state of
Montana. In the event of litigation, venue is in the Eighteenth Judicial District Court, in and for
County of Gallatin, State of Montana.
17. Attornev's I"ccs
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 reasonablc attorney's fees and costs, to include the salary and costs of in-house
counsel including City Attorney.
18. Waiver
No waiver by either party of any breach of any term, covenant or agreemcnt shall be
deemed a waiver of the same or any subsequent breach of this same or any other term, covenant
or agreemcnt. No covenant, term or agreemcnt shall bc decmcd waived by either party unless
waived in writing.
19. Invalid Provision
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The invalidity or unenforceability of any provision of this agreement shall not affect the
other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or
unenforceable provision were omitted.
20. Modifications or Alterations
No modifications or amendment of this Agreement shall bc valid unless evidenced by a
writing signcd by the parties hereto.
21. No Assignment
It is expressly agreed that the Landowner shall not assign this Agreement in whole or in
part without prior written consent of the City.
21. Successors
This Agrcement shall be binding upon, inure to the benefit of and be cnforceable by the
partics hereto and their respective heirs, successors and assigns.
22. Covenants to Run with the Land
The parties intend that thc terms of this Agreement shall be covenants running with thc
land and shall not expire at thcir deaths or upon transfer of ownership of the property.
The undersigned Landowner affirms that they have authority to entcr into this Agreement
on bchalf of their corporation, and to bind the corporation to this Agreement
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
the day and year first abovc written.
LANDOWNER
BOZEMAN DEACONESS HEALTH SERVICES
0~?i~
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STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this ~~, 2000, before lle, a Notary Public
ersonal~red . .
for the State of Montana, ,
known to me to be the of Bozeman Deaconess Health
Scrvices, the corporation 'that executed the foregoing Annexation Agreement, and acknowledged
to me that he/she executed thc samc for and on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
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t?alLfrf:f? _x:k JldFt:l-
Notary Public for the State of
Montana.
Residing:
Commission ExpIres:
(Notarial Seal)
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CITY OF BOZEMAN
~~
By: Clar V~ Johnson, City Manager
ATTEST:
~oY~
CIcrk of the City Commission
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this ~day of kr e ,,/I ~ , 2000, before me, a Notary Publ ic
for the state of Montana, personally appeared Clark V. Johnson and Robin Sullivan, known to
me to the persons described in and who executed the foregoing instrument as City Manager and
Clerk of the City Commission respcctivcIy, of the City of Bozeman, whose names are subscribed
to the within instrument and acknowIcdged 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 official seal the
and first above written.
Notary Pu
Monta
Residing: ~(XA'L-
Commission Expires: It'l _ I p., -0 I
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EXHIBIT "A"
WAIVER OF RIGHT-TO-PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICT
FORA CITY-WIDE PARK MAINTENANCE DISTRICT
DEACONESS FARMSTEAD ANNEXATION TRACT
The undersigned owner of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
A tract of land being the E1I2 NW 114, that portion of thc NE 1/4 lying southwesterl y of the
southwcsterly right-of-way line of Haggerty Lane, the SE 1/4, and that portion of the SW 114
lying easterly of New Hyalite View Subdivision, all located in Section 17, 'l'2S, R6E,
P.M.M., Gallatin County; being further dcscribcd as follows:
Beginning at the North 114 Corner of said Section 17; Thence, on the north line of the N E 1/4
of said Section 17, S89 04'24"E 929.58 feet to a point on the southwesterly right-of-way line
of Haggerty Lane; Thcncc, on said right-of-way the following three (3) courses: 1) S52
14'22"E 295.78 feet, 2) southeastcrly on a curve to the left, having a radius of 1990.00 feet,
through a central angle of 0443'30" an arc distance of 164.11 feet, 3) S56 57'52" E 1595.15
fcet to a point on the east line of thc NE 114 of said Scction 17; Thence, on said east line, SOO
56'31 "W ] 520.15 feet to the East 114 Corner of said Section 17; Thence, SOO 24'45"W
2654.89 feet to the Southeast Corner of said Section 17; Thence n89 43'40"W 2643.54 feet to
the South 114 Corner of said Section 17; Thence, on the south line of the SW 114 of said
Section 17, N89 26'32"W 1329.73 feet to the Southeast Corner of New Hyalite Vicw
Subdivision, Plat Book F, Page 13, Gallatin County records; Thence, on thc easterly
boundary of said subdivision the following four (4) courses: I)NI9 37'28"E 650.26 fect, 2)
N33 17'28"E 580.23 feet, 3) N42 29'28"E 600.24 feet, 4) N20 29'30"E 1182.63 feet to the
Northeast Corner of said subdivision; Thence, on the north line of said subdivision, N89
26'32"W 1331.43 feet to thc Southeast Corner of the Central Addition to the City of
Bozeman, being also the C- W 1/16 Corner of said Section 17; Thence, NOO 33'13"E 2654.37
feet to the Northeast Corner of the Central Addition to the City of Bozeman, being also the
West 1116 Corner common to Sections 8 and 17; Thence, S89 29'16"E 1332.38 feet to the
point of bcginning.
Said Tract contains 419.579 acres, more or less, and is suhject to all easements of fact and
record.
IN CONSIDERATION of receiving approval for annexation of the subject property from
the City of Bozeman, along with accompanying rights and privileges and for other and valuable
consideration, the receipt of which is hereby acknowledged, and in recognition of the impact to City
parks which will be caused by the development of the above-described property, the owner has
waived and do hereby waive for itscIf, its successors and assigns, the right to protest thc creation of
one or more special improvcment districts for maintenance of any parks within the annexed area
and/or of a City-wide Park Maintenance District, which would provide a mechanism for the fair and
equitable assessment ofmaintcnance costs for City parks, or to make any written protest against the
size or area or creation of the district bc asscssed in rcsponsc to a duly passcd rcsolution of intention
to create one or more spccial improvement districts which would include the above-described
property.
This waiver shall be a covenant running with the land and shall not expire with the
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pag.: 12 0 f 16
12/22/2000 02:031'
Sh.ll.y Vano.-Gallatln Co MT MISC 96.00
dissolution of the corporation, provided however this waiver shall apply to the lands hercin
dcscribed.
The terms, covenants and provisions of the Waiver shall extend to, and be binding upon thc
successors-in-interest and assigns of the parties hereto.
I!J /1'
DA TED this~ day of .I l' P /YIL,t~ ,2000.
LANDOWNER
BOZEMAN DEACONESS HEALTH SERVICES
Q/--a4~
By:A -~/
Its: r..e- $..,. c.e-c::::;
.
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
~ iJ ,2oq~e me, a Notary Public for
, G , known to me
to be the of Bozeman Deaconess Health Services, the
corporation that cxccuted the fo going Annexation Agreement, and acknowledged to mc that he/she
cxccutcd the same for and on behalf of said corporation.
IN WITNESS WHEREOF, I have hercunto sct my hand and affixcd my official seal the day
and year first above written.
0uw-fcfxh?d
Notary Public for the State of
Montana.
,/
Residing: ',,-,
Commission E 3
(Notarial Seal)
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. 111111111111I111 1111112027254
Page: 13 of 16
12/22/2000 02:03P
Sh.ll.y Vanoe-Gallatln Co MT MISC 96.00
EXHIBIT "B"
WAIVER OF RIGHT-TO-PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
DEACONESS FARMSTEAD ANNEXATION TRACT
The undersigned owner of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
A tract of land being thc E1/2 NW 1/4, that portion of the NE 114 lying southwesterly of
the southwesterly right-of-way line of Haggerty Lane, the SE 114, and that portion of the
SW 114 lying casterly of New Hyalite View Subdivision, all located in Section 17, T2S,
R6E, P.M.M., Gallatin County; being further described as follows:
Beginning at the North 114 Corner of said Scction 17; Thcnce, on the north line of the NE
1/4 of said Section 17, S89 04'24"E 929.58 fect to a point on the southwesterly right-of-
way line of Haggerty Lane; Thencc, on said right-of-way the following three (3) courscs:
1) S52 14'22"E 295.78 feet, 2) southeasterly on a curve to the left, having a radius of
1990.00 feet, through a central angle of 0443'30" an arc distance of 164.11 feet, 3) S56
57'52"E 1595.15 feet to a point on the east linc of the NE 114 of said Section 17; Thence,
on said east line, SOO 56'31 "W 1520.15 feet to the East 1/4 Corner of said Section 17;
Thence, SOO 24'45"W 2654.89 feet to the Southcast Corner of said Section 17; Thetlcc
n89 43'40"W 2643.54 fect to the South 114 Corner of said Section 17; Thence, on the
south line of the SW 114 of said Scction 17, N89 26'32"W 1329.73 feet to the Southcast
Corncr of New Hyalite View Subdivision, Plat Book F, Page 13, Gallatin County records;
Thence, on the easterly boundary of said subdivision the following four (4) courses:
1 )N19 37'28"E 650.26 feet, 2) N33 17'28"E 580.23 feet, 3) N42 29'28"E 600.24 feet, 4)
N20 29'30" E 1182.63 feet to thc Northeast Corner of said subdivision; Thcnce, on the
north line of said subdivision, N89 26'32"W 1331.43 feet to the Southeast Corner of the
Central Addition to the City of Bozcman, bcing also the C- W 1/16 Corner of said Scction
17; Thence, NOO 33'13"E 2654.37 feet to the Northeast Corner of the Central Addition to
the City of Bozeman, bcing also the West 1/16 Corner common to Sections 8 and 17;
Thence, S89 29'16"E 1332.38 fcet to thc point of beginning.
Said Tract contains 419.579 acrcs, more or less, and is subject to all casements of fact and
record.
IN CONSIDERATION of receiving approval for anncxation of the subjcct propcrty from
the City of Bozeman, along with accompanying rights and privileges and for othcr and valuable
consideration, the receipt of which is hcreby acknowledged, and in recognition of the impact to City
transportation systcm which will be caused by the development ofthc abovc-describcd propcrty, the
owner has waived and do hereby waive for itself, its successors and assigns, the right to protcst thc
creation of one or morc spccial improvement districts for strcct improvements, including paving,
curb and gutter, sidcwalk, storm drainage, and any associated traffic signals for:
1. Highland Boulevard from Kagy Boulevard to East Main Street;
2. Kagy Boulevard from Highland Boulevard to Bozcman Trail Road;
3. Bozeman Trail Road from Kagy Boulevard to Haggerty Lane;
1. Haggerty Lane from Bozeman Trail Road to East Main Street; and
2. Ellis Street from Haggerty Lanc to Highland Boulevard.
We further waivc our right to make any written protest against the proposed work or against
n{~~I('9'1~~SS ..t'arJn~t{~~!~i\'1 Jl{~Xa ti(l n 131
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.. 11111111111111 II 111I 112027254 ,
.
Pa".: 14 of 16
12/22/2000 02:03P
Sh.ll.y Vano.-Gallatln Co MT MISC 96.00
the size or area or crcation of the district to be assessed in response to a duly passcd rcsolution of
intention to create one or more special improvcment districts which would include the above-
described property.
This waiver shall be a covenant running with the land and shall not expirc with thc
dissolution of thc corporation, provided however this waiver shall apply to the lands herein
described.
The terms, covenants and provisions of thc Waiver shall extend to, and be binding upon the
successors-in-intcrest and assigns of thc parties hereto.
DATED this 4 'i&dayof Ak-t Q/yy1 /~ ,2000.
LANDOWNER
BOZEMAN DEACONESS HEALTH SERVICES
0/--.#~
By: A 'cI.;L- /
Its: ' ..L t' ,. -4 n c:. .t=' 0
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this 6t!1 day of ~v!Jw ,2000, before me, a Notary Public for
thc State of mtana,persona ly a p~ared '~JJ1 '1/J)..Jt..-l>>.f(A: ]i) , known to me
to be the i: of Bozcman Deaconess' Heal th Services, the
corporation that executed the foregoing Anncxation Agreement, and acknowledged to mc that he/she
executed the same for and on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
.'-
/ {:,' fku
(VaM-f (~.- ,/~ . '- 7t:.-
Notary Public for the State of
Montana.
Residing:
Commission E
(Notarial Seal)
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Sh.ll.y Vano.-Gallatin Co MT MISC 96.00
EXHIBIT "C"
WAIVER OF RIGHT-TO-PROTEST
CREATION OF RURAL IMPROVEMENT DISTRICTS
DEACONESS FARMSTEAD ANNEXATION TRACT
Thc undersigned owner of the real property situated in the County of Gallatin, State of
Montana, and more particularly describcd as follows:
A tract of land being the El/2 NW 1/4, that portion of the NE 1/4 lying southwesterly of
the southwesterly right-of-way line of Haggerty Lanc, thc SE 114, and that portion of the
SW 1/4 lying easterly of New Hyalite View Subdivision, all located in Section 17, T2S,
R6E, P.M.M., Gallatin County; being further descrihed as follows:
Beginning at the North 1/4 Corner of said Section 17; Thence, on the north line of the NE
1/4 of said Section 17, SS9 04'24"E 929.58 fect to a point on the southwesterly right-of-
way line of Haggerty Lane; Thcnce, on said right-of-way the following three (3) courses:
1) S52 14'22"E 295.78 feet, 2) southeasterly on a curve to the left, having a radius of
1990.00 feet, through a central anglc of 04 43 '30" an arc distance of 164.11 feet, 3) S56
57'52"E 1595.15 feet to a point on the east line of the NEl/4 of said Section 17; Thence,
on said east line, SOD 56'31 "W 1520.15 feet to the East 1/4 Corner of said Section 17;
Thcnce, SOO 24'45"W 2654.89 fcct to thc Southeast Corner of said Section 17; Thence
n89 43'40"W 2643.54 feet to the South 1/4 Corner of said Section 17; Thence, on the
south line of the SW 114 of said Section 17, N89 26'32"W 1329.73 feet to thc Southeast
Corner of New Hyalite View Subdivision, Plat Book F, Pagc 13, Gallatin County records;
Thence, on the easterly boundary of said subdivision the following four (4) courses:
1)N19 37'28"E 650.26 feet, 2) N33 17'28"E 580.23 feet, 3) N42 29'28"E 600.24 feet, 4)
N20 29'30" E 1182.63 fcct to the Northeast Corner of said suhdivision; Thence, on the
north line of said suhdivision, N89 26'32"W 1331.43 feet to the Southeast Corner of the
Central Addition to thc Ci ty of Bozeman, being also the C- W 1116 Corner of said Section
17; Thence, NOO 33'13"E 2654.37 feet to the Northeast Corner of thc Ccntral Addition to
the City of Bozeman, being also the West 1/16 Corner common to Scctions 8 and 17;
Thence, S89 29'16"E 1332.38 feet to the point of beginning.
Said Tract contains 419.579 acres, more or less, and is subject to all casements of fact and
record.
IN CONSIDERATION of receiving approval for annexation of the subjcct property from
the City of Bozeman, along with accompanying rights and privileges and for other and valuable
consideration, the receipt of which is hereby acknowledged, and in recognition of the impact to City
transportation system 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 the
creation of one or more rural improvement districts for street improvcmcnts, including paving, curb
and gutter, sidewalk, storm drainage, and any associated traffic signals for:
2. Highland Boulevard from Kagy BouIcvard to East Main Street;
4. Kagy Boulevard from Highland Boulevard to Bozcman Trail Road;
5. Bozeman Trail Road from Kagy Boulevard to Haggerty Lane;
1. Haggerty Lane from Bozeman Trail Road to East Main Street; and
2. Ellis Street from Haggerty Lane to Highland Boulevard.
We further waive our right to make any written protest against the proposed work or against
J)~~~ISI~I!t;55.1"ar'll~lt~a.(/.. A.lJnt~HJj I) II 15 I
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p
.
· .Y Vano.-Gallatln Co MT MISC 96.00
the size or area or creation of the district to be assessed in response to a duly passcd resolution of
intention to create one or more rural improvement districts which would include the ahove-described
propcrty.
This waiver shall be a covenant running with the land and shall not expirc with thc
dissolution of the corporation, provided however this waivcr shall apply to the lands hercin
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.
DATED this Id!! day of jQuyJM2)JJLJ , 2000.
.
LANDOWNER
BOZEMAN DEACONESS HEALTH SERVICES
0~uPL/~
By: A ~ ~ r-/ -
Its: rot: f" -e H c:~ C)
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
day of
ntana,.rersodyap cared
to be the - l of Bozeman Deaconess Hcalth Serviccs, thc
corporation that executed the )regoing Almexation Agreement, and acknowledged to me that he/she
executcd thc same for and on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above writtcn.
,1 ~
(!~AU~':, // Ut6-
Notary Public for the Statc of
Montana. &
Residing: "' ~)'~~t
Commission Ex res: 1/ I/'3 / /J\.-~
I I
(Notarial Seal)
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