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HomeMy WebLinkAbout00- Delaney and WBW, LLC Annexation ~ 1111111111111111111111 ~~9~;~!i!?'p _. t - . , '} , . . /. Sh.lley Vllnc.-Gallatin Co MT MISC 78.00 DELANEY AND WBW. LLC ANNEXATION AGREEMENT THIS AGREEMENT is made and entered into this 1st day of May , 2000, by and between the CITY OF BOZEMAN, a municipal corporation and political subdivision of the State of Montana, with offices at 411 East Main Street, Bozeman, Montana 59771-0640, hereinafter referred to as "City", and Michael W. Delaney and Ileana Indreland, 101 East Main Street, Bozeman, Montana 59715, Delaney & Co., Inc., 101 East Main Street, Bozeman, Montana 59715, and WBW LLC, c/o Delaney & Co, Inc., 101 East Main Street, Bozeman, Montana 59715, hereinafter referred to as "Landowner". WITNESSETH: WHEREAS, Landowner is owner in fee of tracts of certain real property, hereinafter referred to as the "Delaney & WBW (D&WBW) ANNEXATION ", situated in Gallatin County, Montana, and more particularly described as follows: Tract A of Certificate of Survey No. 1872 containing 20_35 acres, Tract B of Certificate of Survey No. 1872 containing 96.92 acres, and Tract 2 of Certificate ,of Survey No. 1846 containing 19.58 acres for a total of 136_85 acres all located in the Southwest Quarter of Section 10, Township Two South, Range Five East, PMM, Gallatin County, Montana. WHEREAS, the Landowner has petitioned the City for annexation of the contiguous tracts; and WHEREAS, the D&WBW ANNEXATION 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 ~n 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 D&WBW ANNEXATION pursuant to Section 7-2-4301, et seq., M.C.A., will entitle the said property to City services, including municipal water and sewer service, upon their availability; and WHEREAS, M.C.A. Section 7-2-4305 provides that a municipality and 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 DELANEY AND WBW, LLC ANNEXATION AGREEMENT Page 1 _ r , , , I 1111111111111111 II 11112012787 . Pag.: 2 of 13 05/19/2000 02:26P Sh.ll.y Vanc.-Gal1atln Co MT MISC 78.00 equivalent action to provide water and sewer service to the D&WBW ANNEXATION; and WHEREAS, all parties recognize that the development ofthe D& WBW ANNEXA nON will impact Ferguson Avenue, West Babcock Street, Fallon Street, and the intersection of Huffine Lane and Ferguson Avenue, 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 for development near and within the D&WBW 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, 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 al1d the Landowner, and in furtherance of the public health, safety and welfare ofthe community to enter into and implement this Agreement. IN CONSIDERATION ofthe 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 ofthe D& WBW ANNEXATION with the City. The City, on October 7, 1996, adopted a Resolution of Intent to Annex the D&WBW ANNEXATION. By execution of this Agreement, the City has manifested its intention to annex the D&WBW 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 D&WBW ANNEXATION to the City. Further, upon the execution of this 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 DELANEY AND WBW, LLC ANNEXATION AGREEMENT Page 2 - I . , , 1111111111111111 II II 112012787 PI;.: 3 of 13 06/19/2000 02:26P Sh.ll.y Vance-Gallatln Co MT MISC 79.00 annexation of the D&WBW 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&WBW ANNEXATION, as provided in this Agreement. 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 ofthis 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&WBW ANNEXATION. Nothing in this Agreement shall obligate the City to pay for right-of.way acquisition, engineering, construction, and other costs for the delivery of water to or within the D&WBW ANNEXATION to include, but not limited to, any impact fees, hook-up, connection, or development charges which may be established by the City. 5. Municipal Sewer Service Defined. The term "municipal sewer service" as is used 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 of lines or construction of necessary improvements at any cost to the City for collection of sewage at and within the D&WBW 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&WBW ANNEXATION to include, but not limited to, any impact fees, hookup, connection, or development charges which may be established by the City. 6. Water Ri2hts. The parties acknowledge the following City policy: Prior to annexation of property, it shall be the policy of the City of Bozeman to acquire usable water rights, or an appropriate fee in lieu thereof, equal to the anticipated average annual consumption of water by residents and/or users of the property when fully developed. The fee may be used to acquire water rights or for improvements to the water system which would create additional water supply DELANEY AND WBW, LLC ANNEXATION AGREEMENT Page 3 - J 'j 1111111111111111 1111112012787 Pag.: 4 of 13 05/19/2000 02:26P Sh.ll.y Vano.-Gallatln Co MT MISC 78.00 capacity. Except, however, that for 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&WBW ANNEXATION consists of approximately 136_85 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& WBW ANNEXATION, prior to filing of any final subdivision plat, final site plan approval, or the issuance of any building permit, whichever occurs .fin.t. 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 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. Connection of Existinf! Residential Structure to Citv Water and Sewer Landowners understand and agree that the existing residential dwelling unit on the D&WBW ANNEXA nON shall be connected to City water and sewer as soon as the infrastructure is within 150 lineal feet of the existing dwelling unit and able to serve the structure. At the time of connection of the existing structures to city sewer, the existing septic tanks and drain fields shall be removed and/or pumped and filled. These connections shall be completed in conformance with all City and State requirements for said facilities. 8. Connection of Future Development to City Water and Sewer Landowners understand and agree that all future development on the D&WBW ANNEXATION shall be served by City Water and Sewer as provided for in the City's facility master planning documents. Landowners further understand and agree that connection is subject to the City Engineer's approval of the point of connection and subject to the following: a) Plans and Specifications for the sewer and water main extensions, prepared and signed by a Professional Engineer (PE) registered in the State of Montana, shall be provided to and approved by the City Engineer and Water Superintendent. The plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall provide Professional Engineering services for Construction Inspection, Post-Construction Certification, and preparation of Mylar (and digital DELANEY AND WBW, LLC ANNEXATION AGREEMENT Page 4 ~ 'J 1111111111111111 1111 112012787 Page: 6 of 13 05/19/2000 02:2SP Shelley Vanoe-Gal1atln Co MT MISC 79.00 if available) Record Drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. b) No building permits will be issued prior to completion and City acceptance of the sewer and water main improvements. 9. Impact Fees Landowner(s) hereby acknowledge that annexation and development of their property will impact the City's existing street, water, and sewer infrastructure, and fire service requirements. Landowners shall pay to the City Fire and Street Impact Fees for the existing structures within the Tract prior to or at the time of Landowners' execution of this Agreement. At the time the existing and/or new structures apply to the City's Water and Sewer facilities, the Landowners shall pay all Water and Sewer Impact Fees which are 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 impact fees imposed pursuant to Chapter 3.24 of the Bozeman Municipal Code are subsequently voided or declared invalid by a court of competent jurisdiction, Landowner agrees to pay City at that time, the amount calculated for all such fees based upon the rates established at the date of this agreement. Landowners further understand and agree that any improvements, either on- or off-site, necessary to provide connection of the D&WBW 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. If Landowner shall 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 Landowner of such default, City may at their option: a) Declare the amounts owing for impact fees immediately due and payable and City shall have the right and privilege to take legal action against Landowner for the collection of such sum, including the entry of any judgment. In addition, the City may, at its option, enforce payment of such amount by levying an assessment on the premises. b) Elect any other remedy available to City under the laws of the State of Montana. DELANEY AND WBW, LLC ANNEXATION AGREEMENT Page 5 ~ , I 1111111111111111 1111 112012787 Pall.: 6 of 13 05/19/2000 02:26P Shell.y Vance-Gallatln Co MT MISC 78.00 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 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 annexation agreements to specified amounts, or prohibiting any such payment, landowner will pay such amount as specified above. 10. Waiver of Ri2ht-to-Protest Soecial Improvement Districts Landowner has executed a Waiver of Right-to-Protest Creation of Special Improvement Districts for street improvements, including paving, curb/gutter, sidewalk, boulevard and storm drainage appurtenances to: a) West Babcock Street; and b) Ferguson Avenue; and c) Cottonwood A venue; and d) Durston Road; and e) for signalization improvements at the intersections of Huffine Lane (U S 191) and Ferguson Avenue. Landowner has executed a Waiver of Right-to-Protest Creation of Special Improvement Districts for wastewater improvements to: a) Trunk sanitary sewer improvements master planned to serve the subject property, including those installed with the Valley West annexation, under the City's Wastewater Facilities Plan Update. Landowner has executed a Waiver of Right-to-Protest Creation of Special Improvement Districts for wastewater improvements to: a) Water main improvements master planned to serve the subject property, including those installed with the Valley West annexation, under the City's Water Facilities Plan Update. Landowner has executed a Waiver of Right-to-Protest Creation of Special Improvement Districts for: a) A city-wide Park Maintenance District. Said Waiver is attached hereto as Exhibit A 11. Right-of-Wav/Easement for Future Roadwavs. Landowner has dedicated, by written easement, the following land to the City of Bozeman for right-of-way purposes, which represent Landowner's proportionate share of the necessary right- of-way. Said easements will be filed with the Gallatin County Clerk and Recorder at the time this Annexation Agreement is filed. DELANEY AND WBW, LLC ANNEXATION AGREEMENT Page 6 - , J , " " , "' "" "" " " " 2012787 I=Iall': 7 of 13 05/19/2000 02:261=1 Sh.ll.y Vano.-Gal1atln Co MT MISC 78.00 a) Forty-five (45) feet along the north property line of the D&WBW Almexation Tract and continuing to the east for 545 feet past the brass cap set at the quarter corner of Section 10, Township 2 South, Range 5 East for West Babcock Street. b) One hundred (100) feet centered along the existing roadway along the east property line of the D&WBW Almexation Tract for Ferguson Avenue. 12. Utilitv Easements. Landowner understands and agrees that utility easements, a minimum 000 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. IJ. Additional Terms of Waivers. The parties recognize that these documents shall be filed and of record with the Gallatin County Clerk and Recorder prior to the sale of any land within the D& WBW ANNEXATION. The parties further agree that the City may file these documents at any time. 14. Governine Law and Venue. This Agreement shall be construed under and governed by the laws of the state of Montana. In the event oflitigation concerning this Agreement, venue is in the Eighteenth Judicial District Court, Gallatin County, State of Montana_ 15. Attorney's Fees. 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. 16. Waiver. No waiver by either party of any breach of any term, covenant or agreement shall be deemed a waiver ofthe same or any subsequent breach ofthis same or any other term, covenant or agreement. No covenant, term or agreement shall be deemed waived by either party unless waived in writing. DELANEY AND WBW, LLC ANNEXATION AGREEMENT Page 7 . " , 1111111I1111 1111 1111112012787 . Pag.: e of 13 05/19/2000 02:26P Shelley Vano.-Gallatln Co MT MISC 78.00 17. Invalid Provision. 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. ] 8. Modifications or Alterations. No modification or amendment of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto. 19. 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. 20. 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. 21. Covenants to Run with the Land. The parties intend that the terms 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 themselves and/or the corporation, and to bind themselves and/or their corporation to this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. WBW LLC r By: #11-t.R-i~~/7%ct. , / Its: ./"?4?q /7. v p_ STATE OF W(LS\-". ) :ss County of K i (\CJ ) On this \ 0',g. day of ~--:SC',-" \.A.C\...\y , d. DDO, before me, a Notary Public for the State Of~~~1Clr\ personally appeared Me.\\'i\f'\ 6. '-'e_\l.\ e , known to me to the \""0...r\(l~~ [ ofWBW, LLC, the corporation that executed the foregoing Almexation Agr ment, and acknowledged to me that he/she executed the same for and on behalf of said corporation. TN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal as of the day and year :first above written. DELANEY AND WBW, LLC ANNEXATION AGREEMENT Page 8 . ' 11111112012787 I ., . - . 11111 ~ 1111111 :~::;,~,~ ::.2" Sh.l1.y V~no.-Gallatln Co MT MISC 78.00 .~.<O r\l ",,-) k _ J::\(Ln(~~. KAREN L GANGI Notary Pub.li~ for the State of \ l.. )Q~\\3 r~~Cf\ STATE OF WASHINGTON (Seal) Resldmg: -,,-\,':-:::,:""Q~~~(LX\ NOTARY-.-PUBLlC Commission Expires: p)--O ,Dc:), MY COMMISSION EXPIRES '-o4~02 DELANEY & CO., INC. By: ~ \J..J...::) ~ Its: pre~. _~ STATE OF~~) :ss County of~ ) On this ~ day of JClV\UCl ~ ' ~, before me, a Notary Public for the State of ~taV\t\.. , personally appeare ~ld1ael 1)-e \ CV'1;t , known to me to the 1>1'I'~lc..OU'-:C of Delaney & Co. Inc., the corporation tha: executed the foregoing Almexation Agreement, and acknowledged to me 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 as of the day and year first above written. Not Public for the State ~+aVla...- (Seal) Residing: ~~ ' \ \ 1-" II J <",<~\~~',r~~~~.S~~-,Expires: ) CYL -_r~/~\()~i {\ !::: I ~ '(-'?~;,-::~- ..: I.1J : .-,..-'- :-,\- .'~ LANDOWNEI! * . '\! .... If\. ^ A ~ ~-----... -:-~ ,.. C1 1f~, I ~ .. "f ... V "J '..J '" _____ \:;~2t"~'~:<_ ~ 1, -//I>~'OFMO~\," . ~'0 "/4~~ . II i' J; I ~ \ \ \, \ . S TATE OF1Y1orlnVla) :ss County of ~) On the ~ day of , ~, before me, a Notary Public for the State of 'iY\ (J(\ , V\C< _, personally ap red Michael W. Delaney and Ileana Indreland, known to me to be the person(s) whose name(s) is/are subscribed to the above instrument and acknowledged to me that he/she/they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first written above. Not Public for the State of ~ (Seal)"Rl;siding ~~ ,~,'<,:€(iril\tlriis;~i~~~~xpires: '1..- _".-:~~?~~\O'\- /1. :: .'/j z....\t~~\::- ..-.. ....- . .,. . k -. It 1'''' . . :) .' .: \ i.. . - l' '>., , / ...... \ \. .( C.., ,,-)\ ' J F- 1,1 - , II J 11 \\1,\\' DELANEY AND WBW, LLC ANNEXATION AGREEMENT Page 9 . ., . . . . I 1111111111111111 1111112012787 . .' '. . ' Paga: 10 of 13 05/19/2000 02:26P Sh.l1ey Vano.-Gallatln Co MT MISC 78.00 CITY OF BOZEMAN \ \ ~- ~ \ ~~.~--~._., By: Clark V. Johnson, City Manager ATTEST: ~J~- Clerk of the City Commission ST A TE OF MONT ANA ) :ss County of Gallatin ) On the 1# day of ~ 4/Jdd, before me, a Notary Public for the State of Montana, personally appeared C V. 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. SS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first ve. Notary Public for the State of Montana (Seal) Residing at Bozeman, Montana .". ~ My Comm~ssion Expires: ~ -..() -/3- DELANEY AND WBW, LLC ANNEXATION AGREEMENT Page 10 . . . '. j . . 1111111I11111111 1111112012787 ., . . , . , Pall.: 11 of 13 05/19/2000 02:26P Sh.ll.y Vano.-Gallatln Co MT MISC 78.00 EXHIBIT "A" WAIVER OF RIGHT TO PROTEST CREA TION OF SPECIAL IMPROVEMENT DISTRICTS DELANEY AND WBW. LLC ANNEXATION The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Tract A of Certificate of Survey No. 1872 containing 20.35 acres, Tract B of Certificate of Survey No. 1872 containing 96.92 acres, and Tract 2 of Certificate of Survey No. 1846 containing 19.58 acres for a total of 136.85 acres aU located in the Southwest Quarter of Section 10, Township Two South, Range Five East, PMM, Gallatin County, Montana. 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 ofthe impact to_West Babcock Street and Ferguson Avenue, and the intersections of Ferguson Avenue and Huffine Lane (US 191) which will be caused by the development of the above-described property, and in recognition of the impact to the sanitary sewer system, and in recognition of the impact of development to the park system, the owner has waived and do hereby waive for itself, its successors and assigns, the right to protest the creation of one or more special improvement districts for: 1) paving, curb, gutter, sidewalk, and drainage improvements to: a) West Babcock Street; b) Ferguson Ave; and c) Cottonwood Ave; and d) Durston Road; and c) for signalization improvements to the intersections of Ferguson Avenue and Huffine Lane (US 191); and 2) a Special Improvement Maintenance District for a City-wide Park Maintenance District; and 3) the owner has waived and do hereby waive for itself, its successors and assigns, the right to protest the creation of one or more special improvement districts for planning, engineering, or installation of trunk water and sanitary sewer improvements master planned to serve the subject property, including those installed with the Valley West annexation, under the City's Water and Wastewater Facilities Plan as updated or to make any written protest against the size or area or creation of the district be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. DELANEY AND WBW, LLC ANNEXATION AGREEMENT Page 11 " ~ . I, I . . , 1111111111111111 1111 112012787 . . . .' . . . .' . Pa".: 12 or 13 05/19/2000 02:26P Sh.ll.y Vanc.-Gal1atln Co MT MISC 78,00 This waiver shall be a covenant running with the land and shall not expire. The terms, covenants and provisions ofthe Waiver shall extend to, and be binding upon the successors-in-interest and assigns of the parties hereto, DA TED this ~ day of --::::r(}..J, \l..,/~r'-.\. , .2Dl)U \ WBW,~ ~ ~ r~ By: tL :.----z Its: ~;'~ J, f '.~~ STATE OF\A.\CI.S.h. ) :ss County of K \. ~ ) On this IIr:'\~ day of-'-.-~(~_J'\'^ (\{-q , ~t;l{), before me, a Notary Public for the State Of~C~\\::S\ff\, personally appeareb Me\\\ \\\ 6, \-\e\ C\Q.... , known to me to be the \'-1\(.\,0.(\1 ofWBW, LLC, the corporation that executed the foregoing document, an acknowledged to me 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 as of the day and year first above written, KAREN L GANGI - .J;:' (\.l(\(. . STATE OF WASHINGTON ) NOTARY-.- PUBLIC Notary Pub.li~ for the State 0 V'- ~\..sh\ I\~ ~ (Seal) Resldmg: ~=:r:.c-:>o;:~q,.tt u(\ \'\ MY COMMISSION EXPIRES e (l-C2 Commission Expires: B-OL\ ::)D~ DELANEY & CO., INC. By: ~~~ Its: ? 0{ d::>. STATEOF~ :ss County of~ ) On this 11 day of \JCNYU.t~ ' before me, a Notary Public for the State of ~~Ul , personally appear d 'D, known to me to the *t....M~~ ~ of Delaney & Co. Inc., the corporation that ecuted the foregoing document, and acknowledged to me that he/she executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal as of the day and year first above written. nCc DELANEY AND WBW, LLC ANNEXATION AGREEMENT Page 12 , , 1111111111111111 1111112012787 Pall.: 13 of 13 0S/19/2000 02:26P Sh.ll.y Vano.-Gallatin Co MT MISC 78.00 LANDOWNER ~~~ ~~ ~tdu~ STATE OF ~~ :ss County of 6liJ.Ja...hU ) On the ~ day of ~(\UQ.~ ' &;i), before me, a Notary Public for the State of LfY\0\i"L-b '(\LJ ~ -- ' personally ppeared MIchael W. Delaney and Ileana Indreland, known to me to be the person(s) whose name(s) is/are subscribed to the above instrument and acknowledged to me that he/she/they executed the same, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first written above. a Not ublic for the State of '-fYiNt1-anec (Seal) ReSiding:~ ,\ ", \?(!)ffi}l;ll~~ion Expires: , ~ ,',' '1 <:;;- r 1-/ 1\'" ......." \) '....-. "". ,. ..... /,~ _:_:> /,)~"., '"j '" .l'.-y ,<:;. --- ',. (\\ l, ~, I'" ' . ~- - ;; u.f-" \\ -. ,., _ ../( : 1'\ "~ - . -- . * ~ *". S F /\ 1 ," <,,-:.- """. <}..., '. k', _,.1 ~ ,.k J#..."" - "'...,. ~ , .'.. '~. '/A '. . " ~:' <.~. "-1),'., . . '\ " // I l: '",' \\, . /// OF tV'O \,' 1/ I \ IIIII1 I 1\ \ , \ \ DELANEY AND WBW, LLC ANNEXATION AGREEMENT Page 13