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HomeMy WebLinkAbout02- Headlands Annexation Agreement . , HEADLANDS ANNEXATION AGREEMENT THIS AGREEMENT made and entered into this 3.1R day of AIJqlJst , 2002, 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 59771-1230, hereinafter referred to as "City" and BRIDGER HEADLANDS, L.L.c., 21 West Babcock Street, Bozeman, Montana 59715, hereinafter referred to as "Landowner". WIn::~:J;:~.S.EIK WHEREAS, Landowner, is owner in fee of a tract of certain real property, hereinafter referred to as the "HEADLANDS ANNEXA nON" tract situated in Gallatin County, Montana, and more particularly described as follows: A tract of land being describcd as A tract of land being Tract A of Certificate of Survey No. 2220, located in thc Southcast one-quarter and Southwest one-quarter of Section 32, Township 1 South, Range 6 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana, and being further described as follows: Beginning at the Northeast comer of said Tract A, thence along said Tract A through the following courses: North 89028' 56" East a distance of 54.51 feet, North 00004' 18" West a distance of 20.00 feet, North 89055'42" East a distance of 1010.06 feet, North 89055'09" East a distance of 1349.78 feet, North 89050' 54" East a distance of 300.03 feet, South 00004' 12" East a distance of 516.51 feet, South 89056 '37" West a distance of 85.70 feet, North 89050'00" West a distance of 230.48 feet, North 89058'35" West a distance of 341.81, North 01014 '44" West a distance of 100.02 feet, South 89041 '50" West a distance of 153.58 feet, North 89057'48" West a distance of 120.95 fcet, South 89050'43" West a distance of 121.06 feet, South 89055'42" West a Distance of 121.07 feet, North 89059'39" West a distance of 127.39 feet, South 89056'39" Wcst a distance of 114.38 feet, South 89056'40" West a distance of 121.00 fcet, South 89050'34" West a distance of 120.90 feet, South 89058' 18" West a distance of 121.03 feet, South 89050'41" West a distance of 120.84 feet, South 89050'38" West a distance of 120.87 feet, South 89056'38" West a distance of 121.06 feet, South 89057'42" West a distance of 120.96 feet, South 89053'03" West a distance of 120.75 feet, South 89045'33" West a distance of91.58 feet, North 88056'07" East a distance of29.99 feet, North 00001 '03" East a distance of 157.01 feet, South 89055'57" West a distance of 207.00 feet, North 00001 '03" East a distance of 1.00 feet, North 00006' 30" West a distance of 237.42 feet, to the point of Beginning Said tract of land being 26.606 acres, more or less, along with and subject to any existing casements of fact and record, WHEREAS, the Landowner has petitioned the City for annexation of said tract of land; and HEADLANDS ANNEXA nON AGREEMENT 1111111111111111l1li11111111111111111111111111111111111 ~~3Jr:~~p Shelley Vance-Gallatin Cc MT MISC 90,00 , I WHEREAS, the HEADLANDS ANNEXATION is not within the corporate limits of the City or other municipality and may therefore be annexed to the City in accordance with the provisions of this Agreement and M.C.A. Title 7, Chapter 2, Part 46. WHEREAS, all parties recognize that the annexation of the HEADLANDS ANNEXA nON pursuant to Section 7-2-460 I, 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 7~2-4610 provides that a municipality and landowner can agree to the provisions of services to the area to be annexed; and WHEREAS, the City's present water supply and sewer collection system is insufficient to enable it to supply reasonably adequate water and sewer service to additional customers outside the present city boundaries; and WHEREAS, all parties recognize that the development of the HEADLANDS ANNEXATION will impact area streets, and that future improvements may require additional public street improvements for traffic circulation; and WHEREAS, the Landowner wishes to convey to the City certain water rights or take some equivalent action to provide water and sewer service to the HEADLANDS ANNEXA nON; and WHEREAS, the Landowner 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 collection, and provide traffic circulation for development near and within the HEADLANDS ^NNEXA nON; and WHEREAS, the making and performance of this Agreement is desirable to promote the development of the most adequate water supply, wastewater collection and traffic circulation pattern for the City as it now exists and as it is reasonably expected to enlarge; and WHEREAS, the securing of an adequate water supply, wastewater collection, and traffic systems by the City is necessary and of mutual advantage to the parties hereto. HEADLANDS ANNEXATION AGREEMENT 11111111111111l1li11111111111111111111111111111111111 ~~;3?:r:?~, 2 Sh.ll.y V.no.-Gall.tin Co MT MISC 90.00 HEADLANDS ANNEXATION AGREEMENT IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~ 1111111111111111 ~~;~?:r:!~p 3 WHEREAS, the parties have determined that it is in the best interests of the City and the Landowner, and in furtherance of the public health, safety and welfare of the community to enter into and implement this Agreement. WIT N ESE T H: IN CONSIDERATION of the mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. Recitals The above recitals are true and correct. 2. Annexation The Landowner filed an application for annexation ofthe HEADLANDS ANNEXATION with the City. The City, on January 16, 2001, adopted a Resolution of Intent to Annex the HEADLANDS ANNEXATION. By execution of this Agreement, the City has manifested its intention to annex the HEADLANDS ANNEXATION tract pursuant to the terms and conditions of this Agreement. Subject to the provisions of Title 7, Chapter 2, Part 46, the City shall, upon execution of this Agreement, adopt a Resolution of Annexation of the HEADLANDS 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 annexation of the HEADLANDS 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 HEADLANDS 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 of this service. The term does not contemplate Shelley Vanoe-Gallatin Co MT MISC 90.00 the extension of lines or construction of necessary improvements at any cost to the City for delivery of water to and within the HEADLANDS 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 HEADLANDS ANNEXATION to include, but not limitcd to, any impact fees, hook-up, connection, or development charges which have been or 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 tcrm 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 thc HEADLANDS 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 HEADLANDS ANNEXATION to include, but not limited to, any impact fees, hookup, connection, or development charges which may be established by the City. 6. Water Ril!hts 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 watcr 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 Landowner understands and agrees that they must provide sufficient water rights in accordance with thc City's policy according to the following schedule: HEADLANDS ANNEXATION. consisting of a total of 26.606 acres, prior to filing of any .final subdivision plat or final site plan approval, whichever occurs first that will create additional subdivision lots or development proposals. Should thc Landowner create additional subdivision lots with further subdivision of said propcrty, the Landowner shall provide sufficient water rights or cash-in-lieu as calculated by thc City in accordance with its HEADLANDS ANNEXATION AGREEMENT 111111111111 \11\ 111111111111\1111\1\11\ \\\ 11\1\1\1\ \11\ ~~;~1r:~~p 4 Shelley Vanoe-Gellatin Co MT MISC 90.00 Landowner understands and agrees that substantial limitations for growth exist 111 the wastewater . ' policy at the time of calculation. The Landowner further understands that the City will calculate the average annual diversion requirement necessary to provide water to this annexation tract on the basis of the zoning designation and/or City-approved development for the property at the time such calculation is made. 7, Comprehensive Water and Water Desi!w Report Prior to future development of the property, the Landowner may be required to have prepared by a Professional Engineer, at Landowner's expense, a comprehensive design report evaluating existing capacity of sewer and water utilities in the area. The report must include hydraulic evaluations of each utility for both existing and post-development demands, and the report findings must demonstrate adequate capacity to serve the full development of the land. If adequate infrastructure capacity is not available for full development, the report must identify necessary system improvements required for full development. The Landowner agrees to complete at Landowner's expense, the necessary system improvements to serve the full development. 8. Future Development Limitations collection system for this property, which will need to be addressed in conjunction with development of the parcel. Water pressure is also minimal in this area and individual booster pumps may be required for service. The future developer will be responsible for installing any facilities required to provide full municipal services to the property in accordance with the City's Infrastructure Master Plans and all city policies and guidelines that may be in effect at the time of development. Thus, Landowner understands and agrees that there is no right, either granted or implied by the City, for thc Landowner to develop any of the HEADLANDS ANNEXATION until it is verified by the City that necessary municipal services, including but not limited to police and fire protection, and sewer and water capacity, are available to all or a portion of the HEADLANDS ANNEXATION. 9. Stormwater Master Plan Landowner understands and agrees that a Stormwater Master Plan for the HEADLANDS ANNEXATION for a system designed to remove solids, oils, grease, and other pollutants from the runoff from the public 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/detention basin location HEADLANDS ANNEXATION AGREEMENT 111111111111111111111111111111111111111111111111111111I ~~~~~r~r~p 5 Shelley Vance-Gallatin Cc MT MISC 90.00 and locate and provide easements for adequate drainage ways within the area to transport runoff to the stonnwater receiving channel(s). The plan shall include site grading and elevation information, typical stormwater detention/retention basin and discharge structure details, basin sizing calculations, and stonnwater maintenance plan. 10. Traffic Analvsis Report Landowner understands and agrees that a detailed Traffic Analysis Report(s) may be required to be submitted at the time of future development of any portion ofthe annexed property. 11. Waiver of Rie:ht-to-Protest Special Improvement Districts Landowner has executed a Waiver of Right-to-Protest Creation of Special Improvement Districts for maintenance of any parks within the annexed area and/or of a City-wide Park Maintenance District, and Waivers of Right-to-Protest Creation of Special Improvement Districts, which would provide a mechanism for the fair and equitable assessment of maintenance costs for such parks. Landowner has further executed a Waiver of Right-to-Protest Creation of Special Improvement Districts for improvements, including: I) Signalization improvements for the intersection of Bridger Drive and Story Mill Road. Said Waivers are attached hereto as Exhibit "A" and Exhibit "B", and are hereby incorporated in and made a part of this Agreement. Landowner agrees that in the event an S.LD. is not utilized for the completion of these improvements, the developer agrees to participate in an alternative financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. 12. Utilitv Easements The Landowner understands and agrees that utility easements, a minimum of thirty (30) feet in width, may 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 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). HEAD LANDS ANNEXATION AGREEMENT I 111111 11111 11111111111 111111111 1111111 111111111111 1111 ~~?:lr;~~ 6 SMelley Vanoe-Gallatin Co MT MISC 90.00 " , 13. Impact Fees 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 are no existing structures on the property. At the time 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 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, Landowners 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 after the date of the court decision. If, prior to enactment of such revised Chapter, the Landowner applies for any permit, which actuates or would have actuated impact fees pursuant to the current Chapter 3.24 of the Bozeman Municipal Code, the Landowner further agrees to pay at that time, the amount calculated for all such fees based upon the rates established at the date ofthis agreement. If the Court above declares Chapter 3.24 of the Bozeman Municipal Code invalid, and if landowner would have been entitled to a refund under the court's decision but were it not for the sole fact of the landowner paying impact fees because of this agreement, then all such impact fees paid prior to the court's decision shall be held in escrow until a revised Chapter of the Code is enacted after the Court's decision. At the time the revised code is enacted, then all such fees held in escrow shall be released to the city and the balance, if any, returned to the landowner. All accumulated interest on the sum held in escrow shall be released to the City or landowner on the same percentage as the money released to either party bears to the total sum held in escrow. Landowners further understand and agree that any improvements, either on- or ofl-site, necessary to provide connection of Annexation Tracts to municipal services which are wholly attributable to the property are HEADLANDS ANNEXATION AGREEMENT 1111111111111111111111111111111111111111111111111111111 ~~~3~r~r~p 7 Shelley Vanoe-Gallatin Co MT MISC 90.00 "project related improvements" as defined in Chapter 3.24, Bozeman Municipal Code, or as amended, and as such, are not eligible for impact fee credits. If Landowners default on this condition at the time such is to be performed, and should default not be remedied or corrected within thirty (30) days after written notice by City to Landowners of such default, City may at their option: A) Declare the 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 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. 14. 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 with the HEADLANDS ANNEXATION. The parties further agree that the City may file these documents at any time. 15, Governine: Law and Venue This agreement shall be construed under and governed by the laws ofthe state of Montana. In the event of litigation, venue is in the Eighteenth Judicial District Court, in and for County of Gallatin, 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 temlS 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. HEADLANDS ANNEXATION AGREEMENT 111111111111111111111111111111111111111111111111111111 ~~,~~r:!~ 8 Shelley Vance-Gallatin Cc MT MiSe 90.00 17, Waiver Shelley Vanoe-Gallatln Co MT MISC 90,00 I11111111111111111111111111111111111111111111111111111I ~~.?~r:!~p No waiver by either party of any breach of any term, covenant or agreement shall be deemed a waiver of the same or any subsequent breach of this same 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 unenforeeability 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. 19. Modifications or Alterations No modifications or amendment of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto. 20. No Assienment It is expressly agreed that the Landowner shall not assign this Agreement in whole or in part without prior written consent ofthe City. 21. 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. 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 ofthe property. The undersigned Landowner affirms that they have authority to enter into this Agreement on behalf 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 above written. HEADLANDS ANNEXATION AGREEMENT 9 .. I11111111111111111111111111111111111111111111111111111I ~~;3!.~,~~p Sh.ll.y Vano.-Gallatln Co MT MISC 90,00 LANDOWNER ST ATE OF MONT ANA ) COUNTY OF GALLATIN ) On this '27 day of ~L.Y ,2002, before me, a Notary Public for the State of Montana, personally appeared Van K. Bryan, President, Bridger Headlands, LLC., known to me to be the person that executed the foregoing Annexation Agreement, and acknowledged to me that he/she executed the same for and on behalf of the Limited Liability Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. '1 t~ ilJU-t (. " -.. (f1A..fO ( L. s~-t++ (Printed name) Notary Public fl County of Residing: Commission Ex Ires: ::: . \ \ ~ ,,-. . , . , HEADLANDS ANNEXATION AGREEMENT 10 111111111111 111111111111111111111111111111 1111111111111 ~~3l~]~p Shelley Vanoe-Gallatin Co MT MISC 90.00 CITY OF BOZEMAN l-\. By: CLARK V. JOHNSON, City Manager -- ;:':'~~/ , -$I ~~T::, ..'-"."..' ',',.,- ,', ,,',' ~:&W~ Clerk of the City Corl)n'1ission .,_.1 i. ,.4 S'fATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this ~ day of A v9-..... E- ,2002, before me, a Notary Public for the statc of Montana, personally appeared Clark(ir. Johnson and Roblll Sullivan, known to me to the persons descrIbed in and who executed the foregoing instrument as City Manager and Clerk of the City Commission respectively, of the City of Bozeman, whose names are subscribed to the within instrument and acknowledged to me that they executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above wri~l~. ~f''< -~..- t'--Al/,,'- Notary Public or the State of Montana. Residing: ~~ Z~ ~. '" ,"- Commission Expires:~z.oot... (Notarial Seal) ,..," ."""\ ..~... . \ .., ",.'1. ~'.. i,",,\ ~ ~ ,.-..... ;i) ~ :...., .,i.... r;. j ~o#\ ....:~ ~; ~... '\.. C " '. HEADLANDS ANNEXATION AGREEMENT 11 ~ 1111111111111111111111111111111111111111111111111111111 ~~~3l~0~~P Shelley Vanoe-Gallatln Co MT MISC 90.00 EXHIBIT "A" WAIVER OF RIGHT-TO-PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICT FOR A CITY-WIDE PARK MAINTENANCE DISTRICT HEADLANDS 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 described as A tract of land being Tract A of Certificate of Survey No. 2220, located in the Southeast one-quarter and Southwest (me-quarter of Section 32, Township 1 South, Range 6 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana, Said tract of land being 26.606 acres, more or less, along with and subject to any existing 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 itself, its successors and assigns, the right to protest the creation of one or more special improvement districts for mainte1ltlllCe 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 of maintenance costs for City Parks, 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. This waiver shall be a covenant running with the land and shall not expire with the dissolution ofthe corporation, provided however this waiver shall apply to the lands herein described. The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the successors-in-interest and assigns of the parties hereto. DATED this 1!1 day of r..JUt.. 'I , 2002. , HEADLANDS ANNEXATION AGREEMENT 12 " 1111111111111111l1li11111111111111111111111111111111111 ~~.?l.~,?s~p Sh.ll.y Vano.-Gallatin Co MT MISC 90.00 LANDOWNER By VAN K. BRYAN, Pres' en BRIDGER HEADLANDS, .L. ST ATE OF MONTANA ) COUNTY OF GALLATIN ) On this "2 Cj day of ~~t, 2002, bef~re me, a .Notary Public for the State of Montana, personally appeared Van K. Bryan, PresIdent, Bndger Headlands, L.L.c., known to me to be the person that executed the foregoing Annexation Agreement, and acknowledged to me that he/she executed the same for and on behalf of the Limited Liability Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal thc day and year first above written. {J~t. ~,. Arol L, s~nuf+ (Printed name) Notary Public or the State of Montana /_ ()(,!.--t. / _ County of ~v Residing: ~ Commission ExpIres: I I 11~/2--(JV 3 , ,I ~ 1. ' I .' . ';, ,." 'o("'~:-:.~: ~ \~; ..'\ ,. . ..~ .' ...... .... . . ;) T/~ .', J ',",:: , ),?, F( '>" .~, ~~ ..,+.;,................ HEADLANDS ANNEXATION AGREEMENT 13 .. . . 111111111111111111111111111111111111111111111111111111I ~~~3l~0~~P SMelley Vanoe-Gallatin Co MT MISC 90,00 EXHIBIT "B" WAIVER OF RIGHT-TO-PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR SIGNALIZATION IMPROVEMENTS AT THE INTERSECTION O:F BRIDGER DRIVE AND STORY MILL ROAD The undersigned owner ofthe real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: A tract of land being described as A tract of land being Tract A of Certificate of Survey No. 2220, located in the Southeast one~quarter and Southwest one-quarter of Section 32, Township I South, Range 6 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana, Said tract of land being 26.606 acres, more or less, along with and subject to any existing 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, the owner has waived and does hereby for itself, its successors and assigns, waive the right to protest the creation of one or more special improvement districts for signalization improvements at the intersection of Bridger Drive and Story Mill Road, or to make any written protest against the size or area or creation of the district be assessed in response to a duly passed resol ution of intention to create one or more special 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 dissolution of the corporation, provided however this waiver shall apply to the lands herein described. The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the successors-in-interest and assigns of the parties hereto. DA TED this Z Cfday of ;JU '- t , 2002. , HEADLANDS ANNEXATION AGREEMENT 14 . ' " ~' ; 1111111111111111111111111111111111111111111111111111111 ~~53?.:~.?s~P ,'" Sh.ll.y VanQ.-Gallatin CQ MT MISC 90.00 LANDOWNER ~ By VAN K. BRYAN, BRIDGER HEADLA ST ATE OF MONT ANA ) COUNTY OF GALLATIN ) On this '2 Cj day or--X~'-I. ,2002, before me, a Notary Public for the State of Montana, personally appeared Van K. Bryan, President, Bridger Headlands, L.LC., known to me to be the person that executed the foregoing Annexation Agreement, and acknowledged to me that he/she executed the same for and on behalf of the Lilnited Liability Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~"~~ rlo. r-O ILl S UUTr+ (Printed name) Notary pu~the State of Moutana County of ~ Residing:' j( /'Y..~/L~ Commission Expires: I' / f ~ /UNJ ~ . , I I . -.: ,",ie, ~ >:.~, Oi' n!<;;'~~-~ ':', HEADLANDS ANNEXATION AGREEMENT 15