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HomeMy WebLinkAbout03- Evangelical Free Church Annexation , r 11111111111111111 111111111111111111111111 111111 1m ~:t ~;~N, 3~' . 1 \. ~ I"'" I ' V Shelley Vanoe-Gallatin Co MT MISC 109.00 EVANGELICAL FREE CHURCH ANNEXATION AGREEMENT TIllS AGREEMENT is made ffild entered into this 14th day of July ,2003, by and hetween the CITY OF BOZEMAN, a municipal corporation and political subdivision of the State of Mont:ma, with offices at 411 East Main Street, Bozeman, Montana 59771-0640, hereinafter referred to as "City", and Evangelical Free Church, James Loessberg, Council Chairman, Board of Administration, 170 I South 19th Avenue, Bozeman, MT 59718, hereinafter referred to as "Landowners". WI'I'NESSETH: WHEREAS, the Lffildowners are owners in fee of a tract of certain real property, hereinafter referred to as the EVANGELICAL FREE CHURCH ANNEXATION, situated in Gallatin County, Montana, and more particularly described as follows: All that portion of the SE 14 of Section 14, T2S, R5E, within the following metes and bounds, to-wit: A tract of land located in the Southeast 14 of Section 14, T. 2 S., R. 5 E., M.P.M., Gallatin County, Montana, being a portion of Parcel A, Certificate of Survey No. 1328A, and further described as follows: Beginning at the southwest corner of said Parcel A; thence N 000 08' 24" E, a distance of 306.83 feet; thence N 890 59' 20" E, a distance of 100.00 feet; thence S 000 09' 14" W, a distance of276.91 feet; thence S 000 04' 30" W, a distance of29.94 feet; thence N 90000' 00" W a distance of99.97 feello the point of beginning, containing 0.7043 acres. WHEREAS, the Landowners have petitioned the City for annexation of the contiguous tract; and WHEREAS, the EVANGELICAL FREE CHURCH 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 in accordance with the provisions ofthis Agreement and M.C.A. Title 7, Chapter 2, Part 43, and WHEREAS, all parties recognize that the annexation of the EY ANGELICAL FREE CHURCI! ANNEXA nON 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 I EV ANGELICAL FREE CHURCH ANNEXATION AGREEMENT ] I r 111111111111111111111111111111111111111111111111111111I ~:U~N,~, . Shelley Vanoe-Gallat1n Co MT MISe 109.00 WHEREAS, M.C.A. Section 7-2-4305 provides that a municipality and landowners can agree to thc 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; ffild WIIEREAS, the Lffildowners wish to convey to the City certain water rights or takc some equivalent action to provide water and sewer service to the bY ANGELICAL fREE CHlJRCl1 ANNEXATION; and WHEREAS, all parties recognize that the development of the EVANGELICAL FREE CHURCH ANNEXA nON will impact South 19th A venue, and will require additional public street improvements for tralIic circulation; and WHEREAS, the Landowners 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 EY ANGELICAL FREE CI IURCII 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 hy the City is necessary and of mutual advantage to the parties hereto; and WHEREAS, the parties have determined that it is in the hest interests of the City and the I "andowners, and in furtherance of the public health, safety and welfare ofthc community to enter into and implement this Agreement. IN CONSIDERATION of the mutual covenants and agreemcnts herein contained, the parties hereto agree as follows: I EV ANGELICAL FREE CHURCH ANNEXATION AGREEMENT 2 I I , 1. Recitals. 111111111111111111111111111111111111111111111111111111I ~~t~~~rJ ~A Shelley Vanoe-Gallat1n Co MT MISC 108.00 Evangelical Free Church has previously granted easement to the City of Bozeman for one-half of a 60-Joot right-of-way (30 feet) for Remington Way. 2. Annexation. The Landowner filed an application for annexation of the EVANGELICAL FREE CHURCH ANNEXA TION with the City. The City, on October 28, 2002, adopted a Resolution ofIntcnt to Annex the EY ANGELICAL FREE CHURCH ANNEXATION. By exccution ofthis Agrecment, the City has manifested its intention to annex the EVANGELICAL FREE CHURCH 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 EVANGELICAL FREE CHURCH ANNEXATION to the City. Further, upon the execution of this Agreement, the Landowners shall do all things necessary and proper to aid and assist the City in carrying out the terms, conditions and provisions ofthis Agreement and effectuate the annexation ofthc EY ANGELICAL FREE CHURCH ANNEXATION to the City. 3. Services Provided. The City will, upon annexation, make available only existing City services to the extent currently available, including municipal water service, municipal scwcr service, police protection, and Lire protection, to the EVANGELICAL FREE CHURCH 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 he 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 BY ANGELICAL FREE CHURCI I I EV ANGELICAL FREE CHURCH ANNEXATION AGREEMENT 3 I 111111111111111111111111111111111111111111111111111111I ~:t~~r:~.~, Shelley Vanoe-Gallat1n Co MT MISC 10800 ANNEXA TION. 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 EVANGELICAL FREE CHURCH 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 Chaptcr 13.24, Bozeman Municipal Code, or as may be amended, as well as any other terms and conditions whieh 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 EV ANGELICAL FREE CHURCH 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 EV ANGELICAL FREE CHURCH 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 ofthc City of Bozeman to acquire usable water rights, or an appropriate fee in lieu thereof, equal to the anticipated average annual consumption of water by residents and/or users ofthe property when fully developed. The fee may be used to acquire water rights or for improvements to the water system, which would create additional water supply capacity. Except, however, that for any annexation in excess often (10) acres, this policy shall be carried out prior to final plat approval of each development phase. Section 2, No.5, Commission Resolution 3137, Adopted August 19. 1996 The Landowners shall provide sufficient water rights or cash-in-lieu as calculated by the City in accordance with its policy at time of calculation. The Landowners further understand that the City will calculate the average annual diversion requirement necessary to provide water to this anncxation tract on the basis of the zoning designation and/or City-approved development fiJr the I EV ANGELICAL FREE CHURCH ANNEXATION AGREEMENT 4 I . property at the time such calculation is made. 1111111111111111111111111111111111111111111111111111111 ~:t ~;~8~~.: Shelley Vanoe-Gallat1n eo MT MISC 108.00 The Landowners agree to provide sufficient water rights or cash-in-lieu of water rights prior to filing of any Final Subdivision Plat, Final Site Plan approval, or the issuance of any building permit, whichcver occurs first. 7. Comprehensive Water and Scwcr Dcsie:n Rcport Prior to future dcvelopment ofthe property, the Landowner shall have prepared by a Professional Enginecr, at Landowner's expense, a comprehensive design report evaluating existing capacity of sewer and water utilities. 'rhc report must include hydraulic evaluations of each utility for both existing and post-development demands, and the report findings must demonstrate adequate capacity to serve the full development ofthe land. If adequate water and/or sewer capacity is not available for full development, the rcport must identify necessary water system and sewer system improvements required for full development. The Landowner agrees to complete at Landowncr's expense, the necessary system improvements to scrve the full devclopment. 8. Future Development The Landowners understmld and agree that all future development on the EVANGELICAL FREE CHURCH ANNEXATION Tract shall be served by City Water and Sewer as providcd for in the City's facility master planning documents. The Lmldowners understand and agree that municipal services arc not currently available to the area proposed for anncxation and that there is no right, either granted or implied by the City, for the Landowners to develop any of the EVANGELICAL FREE CHURCH ANNEXATION Tract Llntil 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 of the EY ANGELICAL FREE CHURCH ANNEXATION Tract. Landowners further understand and agree that at the time future developmcnt provides municipal water and sewer services to the cxisting residences, that they must conncct to these services. ^1ter I EVANGELICAL FREE CHURCH ANNEXATION AGREEMENT 5 I , 111111111111111111111111111111111111111111111111111111I ~~t~~~r~1:~R Shelley Vanoe-Gallat1n Co MT MISC 109.00 connection to city water services, any existing wells may be used only for irrigation purposes only, and the septic systems and tanks must be properly drained, filled and abandoned. Upon future development of the EY ANGELICAL FREE CHURCH ANNEXA'fION Tract, the City Water/Sewer Department will review plans for development ofthe proposed water infrastructure when they are provided and make any recommendations required to supply water to any proposed development on the EVANGELICAL FREE CHURCH ANNEXATION Tract. 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 requirements. There arc no existing structures on the property. At the time new structures apply to connect to the City's Watcr and Sewer facilities, the Landowners shall pay all Water and Sewer Impact Fees, which are due. The Lmldowners and any successors shall pay all Fire, Street, Water and Sewer Impact Fees required by Chapter 3.24, Bozeman Municipal Code, or as an1emled, at the time of application for any permit listed in Section 3.24.050A, 3.24.060.A, 3.24.070.A, or 3.24.080.A, respectively. If impact fees currently imposed pursuant to Chapter 3.24 of the Bozeman Municipal Code arc subsequently voided or declared invalid by a court of competent jurisdiction, the Lmldowners agree to pay the City fees or assessments established by the City for impact on City services in accordance with a new or revised Chapter of the Bozeman Municipal Code lawfully enacted as a result of such court decision aftcr the date of the court decision. If, prior to enactment of such revised Chapter, the Landowners apply for any permit, which actuates or would have actuated impact fees pursuant to the current Chapter 3.24 of the Bozemml Municipal Code, the Ioandowners further agree to pay at that time, the amount calculated for such fees based upon the fates established at the date of this agreement. If the Court above declares Chapter 3.24 ofthc Bozeman Municipal Code invalid, and if I Ev ANGELICAL FREE CHURCH ANNEXATION AGREEMENT 6 I 111111111111111111111111111111111111111111111111111111I ~~t ~~~r~~: ~R Shelley Vanoe-Gallat1n Co MT MISC 109.00 landowners would have been entitled to a refund under the court's decision hut were it not for the sole fact of the landowners paying impact fees because of this agreement, then all such fees paid prior to the court's decision shall be held in escrow until a revised Chapter of the Code is enacted after the Court's decision. At the time the revised code is enacted, then all such fees held in escrow shall be released to the city and the balance, if any, returned to the landowners. All accumulated interest on the sum held in escrow shall be released to the City or landowners on the same percentage as the money released to either party bears to the total sum held in escrow. Landowners further understand and agree that any improvements, either on- or olf-site, necessary to provide connection ofEY ANGELICAL FREE CIIURCII ANNEXATION to municipal services which are wholly attributable to the property are "project related improvements" as dcfincd in Chapter 3.24, Bozcman Municipal Code, or as amended, and as such, are not eligible for impact fee credits. If the Landowners default on this condition at the time such is to be performed, mld should default not be remedied or corrected within thirty (30) days after written notice hy City to the Landowners of such default, City may at their option: A) Declare the amounts owing for impact fees immediately due and payable and City shall have the right and privilege to take legal action against Landowners for the collection of such sum, including the entry of any judgment. In addition, the City may, at its option, enforce payment of such amount by levying an assessment on the premises. B) Elect any other remedy available to City under the laws of the State of Montana. C) Any waiver by City of any default shall not be construed as a waiver of any subsequent default. D) 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 me subsequently voided or declmed 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 prohihiting any such payment, landowners will pay such amount as specified above. I Ev ANGELICAL FREE CHURCH ANNEXATION AGREEMENT 7 I 10. Stormwater Master Plan 1111111111111111111111111111111111111111111111111111111 ~:n~r:t~, Shelley Vanoe-Gallat1n Co MT MISC 109.00 Landowner understands and agrees that a Stormwater Master Plan for the EVANGELICAL FREE CI-1URCI-1 ANNEXATION for a system designed to remove solids, oils, grease, and other pollutants from the fllnotT from the public streets must be provided to and approved by the City Engineer at the time of any future development. The master plan must depict the maximum sized retention/detention basin location and locate and provide easements for adequate drainage ways within the area to transport runoff to the stormwater receiving channel(s). The plml shall include site grading and elevation information, typical stormwater detention/retention basin and discharge structure details, basin sizing calculations, and stormwater maintenance plan. 11. 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. 12. Waiver of Rie:ht-to-Protest Special Improvement Districts The Landowners have executed a Waiver of Right-to-Protcst Creation of Special Improvement District for pedestrian crossingfacility (underpass or other appurtenance as required) across South J 9th Avenue in the vicinity of Lincoln Road. Said Waiver is attached hereto as Exhibit A. 13. lJ tilitv Easements Landowner understands 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 thc 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. I EV ANGELICAL FREE CHURCH ANNEXA nON AGREEMENT !l I . 14. Additional Terms of Waivers '"1111111111"111111"11"1111111110111111111"111111 ~:n~~ t~, Shelley Vanoe-Gallat1n Co MT MISC 109.00 The parties recognize that these documents shall be executed and returned to the Bozeman Planning and Community Development Department within one year of preliminary approval of the annexation request by the Bozeman City Commission. The parties also recognize that these documents shall be filed and of record with the Gallatin County Clerk and Recorder prior to the sale or transler of ownership of any land within the EY ANGELICAL FREE CHURCH ANNEXATION. The parties further agree that the City may 1ile these documents at any time. 15. Governine 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 Agreement, venue is in the Eighteenth Judicial District Court, Gallatin County, State of Montana. 16. 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. 17. Waiver No waiver hy either party of any breach of any term, covenant or agreement shall be deemed a waiver of the smne or any subsequent breach of this smne or any other term, covenant or agreement. No covenant, term or agreement shall be deemed waived by either party unless waived in writing. 18. 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 unenf()rceable provision were omitted. I Ev ANGELICAL FREE CHURCH ANNEXATION AGREEMENT 9 I 19. Modifications or Alterations 111111111111111111111111111111111111111 1111111111111111 ~J;~;~~ f~~, Shelley Vanoe-Callatin Co MT MISC 109.00 No modification or mnendment ofthis Agreement shall be valid unless evidenced by a writing signed by the parties hereto. 20. No Assienment It is expressly agreed that the Landowners shall not assign this Agreement in whole or in part without prior written consent of the City. 21. Successors This Agreement shall he binding upon, inure to the bcndit of and be enf()fceablc by the parties hereto mld their rcspcctive heirs, successors and assigns. 22. 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. IN WITNESS WHEREO~\ the parties hereto have caused this Agrcement to be executed the day ;md year first above written. I EV ANGELICAL FREE CHURCH ANNEXATION AGREEMENT 10 I , LANDOWNERS ... Jim Loessberg Council Chairman, STATE OF MONTANA ) ss County of Gallatin ) On this J OJ!) __ day of ;Vla..r~ ____.,2003, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Jim Loessberg, known to me to be the Council Chairman, Board of Administration, of Evangelical Free Church, the corporation that executed the within instrument, and acknowledged to me that he executed the same for and on hehalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and al1ixed my Notarial Seal the day and year first above written. (S%ll"""",' . ,,"\, Co "., '" ........ '(' il. ^ . 'tJ t7 ._,-;:~...,.. ~"""(;>~" ~ ~ '.-,',0 \,,~~R/A " .. --~ :' \';:.~"t(.' \. 1 (Printed me Ilcre) /VaflCj Dr/sCof/ .\ SEAt'I.;- ; Not~r~ Public for the State of Montana - ." - Resldmg at ~ ' Montana . ...:.......::.~ My Commission xpires Od (;). aDO/, (Use four digits for expiration year) CITY OF BOZEMAN ~--\ - ~ -- -- , By: Clark Johnson, City Manager ) ss County 0 f Gallatin) 111111111111 1111111111111111II111111111 1111111111111111 ~:t ~~~ f. 3~' Shelley Vanoe-Gallatln eo MT MIse 109.00 I EV ANGELICAL FREE CHURCH ANNEXATION AGREEMENT II I On the ILjf/1 day of l1~ ' 2003, before me, a Notary Public for the State of Montana, personally appeared CLARK J SON AND ROBIN L. SULLIVAN, known to me to be the Clly Manager and Clerk of the City Commission respectively, of the City of Bozeman, whose names are suhscribed to the within instrument and acknowledged to me that they executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal on the day and year fi r~t\ \fVfi~~fl/above. " M 'I ,'\...c, . Itt /" ......' 0 C:(S'EALj . -: /y ;.// !JfJjJ;Ll/LttI tUW; ~ ~:'~OTAR/~('.. ~ ~ - . -.- ~*.'. SEAL.:*~ Notary Public for the State of Montana ..- tfl,). . . ~" .:: Residing at Bozeman, Montana ..- "1 . .... / l'(:.....~'?', II OF MO\~ <, Commission Expires: 06, Otf 2005 I, \' '/1111\\\ N/cO/~ H f1 Of] z9f/ 1111111111111111111111111111111111111111111111111111111 ~:t ~ ~~, f.~, Shelley Vanoe-Gallatln Co MT MISC 108.00 I Ev ANGELICAL FREE CHURCH ANNEXATION AGREEMENT 12 I , 111111111111111111111111111111111111111111111111111111I ~:t~ ;:~~, f.~, Shelley Vanoe-Gallatin Co MT MISC 109.00 EXHIBIT A WAIVER OF IUGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS EVANGELICAL FREE CHURCH ANNEXATION The undersigned owners of the real property situated in the City of Bozeman, County of Gallatin, State of Montana, and more particularly described as follows: All that portion of the SE 14 ofScction 14, 'J'2S, R5E, within the following metes and bounds, to-wit: A tract of land located in the Southeast ~ of Section 14, T. 2 S., R. 5 E., M.P.M., Gallatin County, Montana, being a portion of Parcel A, Certificate of Survey No. 1328A, and further dcscribed as follows: Beginning at the southwest corner of said Parcel A; thence N 000 08' 24" E, a distance of306.83 feet; thence N 89059' 20" E, a distance ofI 00.00 feet; thence S 000 09' 14" W, a distance of276.91 feet; thence S 00004' 30" W, a distance of29.94 feet; thence N 90000' 00" W a distance of99.97 feet to the point of beginning, containing 0.7043 acres.. , , IN CONSIDERATION of receiving approval for annexation for the subject property from the City of Bozeman, along with accompanying rights and privileges and for othcr and valuable consideration, the receipt of which is hereby acknowledged, and in recognition ofthe impacts which will be caused by the development ofthe above-described property, has waived and do hereby waive for itself, its successors and assigns, the right to protest the creation of one or more special improvement districts for: a) pedestrian crossing facility (underpass or other appurtenance as required) across South 19th Avenue in the vicinity of Lincoln Road; or to make any written protest against the size or area or creation of the district to be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. In the event Special Improvement Districts are not utilized for the completion of these projects, 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 of the property, linear front footage of the property, taxable valuation of the property, or a comhination thereof. This waiver shall be a covenant running with the land and shall not expire. The terms, covenants and provisions of the Waiver shall extend to, be binding upon the successors-in-interest and assigns of the parties hereto. DATED this ~ day of__. ;h1Vf/'~~ ,2003. LANDOWNERS k / ( .~ ~ -. Jim Loessbcrg /'<"~/ Council Chairman, Board M"""Administration 1111111111111111111111111111111111111111111111111111111 g~;~~}B3~' Shelley Vanoe-Gallat1n Co MT MISC 109.00 , , STATE OF MONTANA ) 111111111111111111111111111111111111111111111111 1111111 ~~t~~~~1 f~ ~R ss. County of Gallatin ) Shelley Vanoe-Gallat1n Co MT MISC 109.00 On this I O::t-~ "_~ day of MO-Adv , 2003, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Jim Loessberg, known to me to he the Council Chairman. Board of Administration, of Evangelical Free Church, 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) " .,', C ,,( D If l ,'.\ r;", ~.:,,:\ ,~..~..:.. ~o. it'"..", 1( ~ .,",'!.{ ~I.t "..,, '0 ~ >..~,o i AR 14)..t~ \ (Printed~ere) ;VanC-j - D;,~;;;T('"'--'-"'-~ - ; ("r, .' : Notary Public for the State of Montana . \'" '. ''''< .."i r . . ',' .....', ," 'I' ' Residing at ~ ' Montana -., '. ......( '1.-../ .: . I ":'~. My Commission Expires fJd. 1;2 ';;).DO(p ',,-- ~>' '" \ (Use four digits for expiration year) -------- , . . 1111111111111111111111111111111111111111111111111111111 ~:t~;~~,~.~, Shelley Vanoe-Gallat1n Co MT MISC 109.00 EXHIBIT B WAIVER OF RIGHT TO PROTEST CREATION OF PARK MAINTENANCE DISTRICT EV ANGELICAL FREE CHURCH ANNEXATION The undersigned owners of the real property situated in the City of Bozeman, County of Gallatin, State of Montana, and more particularly described as follows: All that portion of the SE 14 of Section 14, T2S, R5E, within the following metes and bounds, to-wit: A tract of land located in the Southeast Y4 of Section 14, 1'. 2 S., R. 5 E., M.P.M., Gallatin County, Montana, being a portion of Parcel A, Certificate of Survey No. 1328A, and further described as follows: Beginning at the southwest corner of said Parcel A; thence N 00008' 24" E, a distance 01'306.83 feet; thence N 89059' 20" E, a distance of 100.00 feet; thence S 000 09' 14" W, a distance of276.91 feet; thence S 00004' 30" W, a distance of29.94 feet; thence N 900 00' 00" W a distance of99.97 feet to the point of beginning, containing 0.7043 acres. . . . " . IN CONSIDERATION of receiving approval for annexation of the sub.ject property from the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, and in recognition ofthe impacts which will be caused by the development ofthe above-described property, has waived and do hereby waive for itself, its successors and assigns, the right to protest the creation of a city-wide park maintenance district which will provide a mechanism for the fair and equitable assessment of maintenance costs for city parks; or to make any written protest against the size or area or creation of the district to be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above- described property. In the event Special Improvement Districts are not utilized for the completion of these projects, 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 of the property, linear front footage of the property, taxable valuation of the property, or a combination thereof This waiver shall be a covenant running with the land and shall not expire. The terms, covenants and provisions ofthe Waiver shall extend to, be binding upon the successors-in-interest and assigns of the parties hereto. DArED this i.I2- day of ?n,?f/'~_~_'~' 2003. LANDOWNERS -/ ~.- ,I" Jim Loessberg Council Chairman, Boar 111111111111111111111111111111111111111111111111111111I ~~t ~~~~1 ~~ ~R Shelley Vanoe-Gallat1n Co MT MISC 109.00 .. " , "\. . . " . STATE OF MON'fANA ) 111111111111111111111111111111111111111111111111111111I ~~t~~~~1 f~ ~R ss. County of Gallatin ) Shelley Vanoe-Gallat1n eo MT MISC 109.00 On this ) 0 i-.b day of J~~""".""~"".~."." .. ..... ..-.u.' 2003, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Jim Loessberg, known to me to be the Council Chairman, Board of Administration, of Evangelical Free Church, 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 Scal the day and year first above written. (SEAL) " ~ .... .... \. '., - .>'" "...~':;I.:O -f7~ ," I' T '1'" ", ("' (Printed Na. e ,1-Icre);Va(l~, l:)/l/-su(f .,' \\\) i / ,IT I.: ". .... . .,,('. Notary Pubhc lor the State of Montana -, \ ~ . r- '.. . .:. "\ r-. ... ',. Residing at B~ ' Montana ,::.\ ;.,~ r:~+l:.!, )~( J.J. ;;}bDlc My Commission xplres NUl _____.....""M.'..... ", (Use four digits for expiration year) )..