HomeMy WebLinkAbout06- JCD Annexation Agreement
. ('< i: ",-:'(li) t 1111111111111111111111111111111111111111111111111111111 ~~2~~?~r~p
" , ~. t r."i,\l~Ii,J, I
~ ".. . I .
J Shelley Vance-Gallatin Co MT MISC 139.00
JCD ANNEXATION AGREEMENT
THIS AGREEMENT is made and entered into this' 7 day of ;ffr, '/ , 2006, 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 Jane L. Schaaf and Don II. Miller, 5534 Stucky Road, Bozeman, MT 59718, Hope Lutheran
Church, Lloyd Mielke, President, 210 South Grand Avenuc, Bozcman, MT 59715, Paul Boylan Trust,
Mildred Boylan, Trustce, 1201 Highland Blvd, Apt. C223, Bozeman, MT 59715, Shady Lane Ranch
Limited Partnership, Thomas Fink, Partner, 4399 South 19th Avenue, Bozeman, MT 59718, and Marshal
and Luzann Bennctt, 5532 Stucky Road, Bozeman, MT 59718, hereinafter refcrred to as "Landowners".
WITNESSETH:
WHEREAS, the Landowners are owners in fee of a tract of certain real property, hereinafter
referred to as the JCD ANNEXATION, situated in Gallatin County, Montana, and more particularly
described as follows:
Minor Subdivision No. 235, the SE 'i4 of the SE t;.; of Section 23, described on Film 115 page 3747,
thc SW 'i4 of the SE 1/4, and the SE 1/4 of the SW 'i4 of Section 23, both describcd on Film 162 page
677, the Remainder of the NW 'i4 of the SE 'i4 of Section 23 excepting those lands excepted on
Film 162 pagc 677, the Remainder of the SW 'i4 of the NE t;.; of Section 23 excepting those lands
exceptcd on Film 162 page 677, and the conCUlTent common boundary realignment between Tract 2
of Book 152 page 474 Plat and Tract 7 Film 80 page 2066, T2S, R5E, PMM, Gallatin County,
Montana, and thc adjacent public rights-of-way, with the exception of Lot 1 and Lot 2 of Minor
Subdivision No. 235.
WHEREAS, the Landowncrs have petitioned the City for annexation of the non-contiguous tract;
and
WIIEREAS, the JCD ANNEXATION is not within the corporate limits of the City or other
municipality, is not contiguous to the City and may thereforc bc annexed to the City in accordance with the
provisions of this Agreement and M.C.A. Title 7, Chapter 2, Part 46, and
IleD ANNEXATION AGREEMENT 1 I
, ,.
, . , 1111111111111111111111111111111111111111111111111111111 g2~~r:I ~p
.. ..
. .
Shelley Vance-Gallatin Co MT MISC 139,00
WHEREAS, all parties recognize that the annexation of the JCDANNEXATION pursuant to
Section 7-2-4601, et seq., M.C.A., will entitle the said property to City serviccs, including municipal water
and sewcr service, upon their availability; and
WHEREAS, all parties hereby state that there is no need to prepare a Municipal Annexation Service
Plan for the JCD ANNEXATION pursuant to M.C.A. Section 7-2-4610 since the parties are in agrccmcnt
as to the provision of municipal 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 Landowners wish to convey to the City certain water rights or takc somc
equivalent action to provide water and sewer service to the JCD ANNEXATION; and
WHEREAS, all parties recognize that the development ofthe JCDANNEXATION will require
additional public street improvements for traffic circulation on South 19th Avenue. GrafStreet. South 27th
Avenue. Blackwood Road. Stucky Road and Fowler Avenue; and
WHEREAS, all parties recognize that thc development ofthe JCD ANNEXATION will impact the
intersections of South 19th Avenue/Kagy Boulevard and South 19th Avenue/Stucky Road, and
WHEREAS, the Landowners finds that this Agrecment will provide for the most satisfactory and
dependable water supply or service available to furnish water and provide tral1ic circulation for
development near and within the JCD 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 expccted to enlarge; and
WHEREAS, the securing of an adequate water supply and traffic system by thc City is necessary
and of mutual advantage to the parties hereto; and
IleD ANNEXATION AGREEMENT 2 I
. "
.. f 11111111111111111111111111111111111111111111111I111111I ~~~~~r~y~p
. i
Shelley Vance-Gallatin Co MT MISC 139.00
WHEREAS, the parties have determined that it is in the best interests of thc City and thc
Landowners, and in furtherance of the public health, safety and welfare of the 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.
JCD ANNEXA nON is adjacent to the existing right-of-way for South 19th Avenuc.
2. Annexation.
.l'hc Landowner filed an application for annexation ofthc JCD ANNEXATION with the City. The
City, on June 6, 2005, acknowledged receipt of the Petition to Annex the JCD ANNEXATION. By
execution ofthis Agrcement, the City has manifested its intention to annex the JCD ANNEXATION tract
pursuant to the terms and conditions of this Agreement. Subject to thc provisions of Title 7, Chapter 2,
Part 46, the City shall, upon execution ofthis Agreement, adopt a Resolution of Annexation ofthe JCD
ANNEXATION to the City. Further, upon the execution of this Agreement, the Landowners shall do all
things necessary and propcr to aid and assist the City in carrying out the tenns, conditions and provisions of
this Agreement and effcctuatc the annexation of the JCD ANNEXATION to the City.
3. Services Provided.
The City will, upon annexation, make available only existing City scrvices to the extcnt currently
available, including municipal water service, municipal sewer service, police protection, and fire
protection, to the JCD ANNEXATION, as provided in this Agreement.
4. Municipal Water Service Defined.
The term "municipal watcr service" as is used in this Agreement shall be the service which is
supplied by the City in accordance with Chapter 13. I 2, Bozeman Municipal Code, or as may be amended,
IJeD ANNEXA nON AGREEMENT 3 I
, ,
~ .,. 1111111111111111I11111111111111111111111111111111111111 g~~r:?~,
.
Shelley Vance-Gallatin Co MT MISC 139.00
as well as any other terms and conditions which apply to the City's provision ofthis service. The term does
not contemplate the extension oflines or construction of necessary improvements at any cost to the City for
delivery of water to and within the JCD ANNEXATION. Nothing in this Agreemcnt shall obligate the
City to pay for right-of.way acquisition, engincering, construction, and other costs for thc dclivery of water
to or within the JCD ANNEXA nON to include, but not limited to, any impact fees, hook-up, connection,
or developmcnt charges which may bc established by the City.
5. Municipal Sewer Service Defined.
The term "municipal sewer service" as is used in this Agrccment 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 ofthis service. The term does
not contemplate the extension oflines or construction of necessary improvcments at any cost to the City for
collection of sewage at and within the JCD 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 JCD ANNEXA nON to include, but not limited to, any impact fees,
hookup, connection, or development charges which may be established by the City.
6. Water Riehts.
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
dcveloped. The fee may be used to acquire water rights or for improvcments 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 developmcnt 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
lIeD ANNEXATION AGREEMENT 4 I
, .
~ . 11111111111111111111111111111111111111111111I111111111I ~~2~~?~r~p
.
Shelley Vance-Gallatin Co MT MISC 139.00
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 thc time such
calculation is made.
The Landowners agree to provide suf1icient water rights or cash-in-licu 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 Sewer Desie:n Report
Prior to future development of the property, the Landowner shall have prcpared by a Professional
Engineer, at Landowncr's expense, a comprehensive design rcport evaluating existing capacity of sewer and
water utilities. The report must include hydraulic evaluations of each utility for both existing and post-
development demands, and the report findings must demonstratc adequate capacity to serve the full
development of the land. If adequate water and/or sewer capacity is not available for full development, the
report must identify necessary water system and sewer system improvements required for full development.
The Landowner agrees to complete at Landowner's expense, the necessary system improvements to serve
the full development.
8. Future Development
The Landowners understand and agree that all future development on the .ICD ANNEXATION
Tract shall be served by City Water and Sewer as provided for in the City's facility master planning
documents. The Landowners understand and agree that municipal services are not currently available to
the arca proposed for annexation and that therc is no right, either granted or implied by the City, for the
Landowners to develop any of the .ICD ANNEXATION Tract until it is verified by the City that necessary
municipal services, including but not limited to police and fire protection, are available to all or a portion
of the .ICD ANNEXATION Tract.
IJCD ANNEXATION AGREEMENT 5 I
.
~ . 1111111111111111111111111111111111111111111111111111111 ~~,~~r:?~,
.
Shelley Vance-Gallatin Co MT MISC 139,00
Landowners further understand and agree that at the time future development provides municipal
water and sewer services to the existing residences, that they must connect to these services. Aftcr
connection to city water serviccs, 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 futurc development of the JCD ANNEXATION Tract, the City Water/Sewer Department will
review plans for development of the proposed water infrastructure when they are provided and make any
recommendations required to supply water to any proposed development on the JCD ANNEXA nON
Tract.
9. Impact Fees
Landowner( s) hereby acknowledge that annexation and development of their property will impact
the City's existing street, water, and sewcr infrastructure, and fire service requirements. Landowners shall
pay to the City Fire and Street Impact Fees for any existing structures within the Tract prior to or at the
time of Landowners' execution ofthis Agreement. At thc time of connection to the City's water and sewer
facilities, the landowners shall pay all applicablc water and sewer impact fees for any existing structures
within the Tract. At the time of any further development on the properties, 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.
Landowners further understand and agree that any improvements, either on- or off-sitc, necessary to
provide connection of JCDANNEXA TION Tract to municipal scrviccs 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 dcfault on this condition at the time such is to be pcrforrncd, and should default
IleD ANNEXATION AGREEMENT 6 I
.. .
, ., 11111111111111111111111111111111111111111111I111111111I ~~~~~?~r~p
" .
Shelley Vance-Gallatin Co MT MISC 139,00
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 sums,
including the entry of any judgment. In addition, the City may, at its option, enforce payment
of such amounts by levying an assessment on the premises.
B. Elect any other remedy available to City under the laws ofthc State of Montana.
C. Any waiver by City of any default shall not be construed as a waiver of any subsequent default.
Landowner(s) hereby acknowledge and agree that it shall be no defense to the cnforcement of this
provision by City that impact fees imposed pursuant to Chapter 3.24 ofthe 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
cither limiting impact fee payments under annexation agreements to specified amounts, or prohibiting any
such payment, landowner will pay such fees as specified above, in thc amounts calculated for all such fees
based upon the rates established at the date of this agreement.
10. Stormwater Master Plan
Landowner understands and agrees that a Stormwater Master Plan for the JCD ANNEXATION for
a systcm designed to remove solids, oils, grease, and other pollutants from the runoff from the public
streets must be provided to and approved by the City Engineer at the time of 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 plan shall include site grading and elevation information, typical stonnwater
detention/retention basin and discharge structure details, basin sizing calculations, and stonnwater
maintenance plan.
11. Traffic Analysis Report
IJeD ANNEXA nON AGREEMENT 7 I
.
J 1111111111111111111111111111111111111111111111111111111 ~~,~~r:I~p
" ,
'" .
Shelley Vance-Gallatin Co MT MISC 139,00
Landowner shall provide a detailcd Tratlic Analysis Report(s) at the time of futurc development of
any portion of the annexed property.
12. Waiver of Ri2ht-to-Protest Special Improvement Districts
The Landowners have executed a Waiver of Right-to-Protest Creation of Special Improvemcnt
District for a) Street improvements including paving. curb/gutter, sidewalk and storm drainage facilities
for thefollowing streets: South 19th Avenue, GrafStreet, South 2ih Avenue. Blackwood Road, Stucky Road
and Fowler Avenue; b) Signalization Improvements for the folloWing intersections: South 19th
Avenue/Kagy Boulevard and South 19th Avenue/Stucky Road; (.) Trunk Sewer and Water mains to serve the
property; and d) for a park maintenance district. Said Waivers are attached hercto as Exhibits A and B.
13. Utilitv Easements
Landowner understands and agrces that utility easements, a minimum of 30 feet in width, will be
necessary for the installation and maintcnance of water and sewer utility services to the annexcd parcel.
The Landowner shall create such easements in locations agreeable to the City during the appropriate
development proccdure, 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.
14. Parks. Open Space and Trails
Landowner understands and agrees that to achieve the goals and objectives set forth in thc Bozeman
2020 Community Plan, any contiguous parks, opcn space, and/or trails shall be extended to the annexed
property, and a Master Plan demonstrating the connectivity of said parks, opcn space and trails shall be
provided. Said Master Plan is attached hereto as Exhibit C.
15. Diversity
Landowner understands and agrees that to achievc the goals and objectives set forth in the Bozeman
2020 Community Plan, a diversity of housing types and (net) dcnsitics shall be provided, and a Master Plan
lIeD ANNEXATION AGREEMENT 8 I
.
I 111111111111111111111111111111111111111111111111111111I ~~~~~?~I~p
~
.. ,
Shelley Vance~Gallatin Co MT MISC 139,00
demonstrating the diversity ofhousing types and densities shall be provided. Said Master Plan is attached
hereto as Exhibit D.
16. Urban Desi2n
Landowner acknowledges and agrees that that future development will comply with the goals and
policies of the Bozeman 2020 Community Plan, and having recognized the City's concern for
implementation of progressive urban design guidelines outlined in the Bozeman 2020 Community Plan for
both community and neighborhood design, a Master Plan of the land usc patterns and types for
development of the property that addresses compatibility with, and sensitive to, the immcdiate environment
of the site and the adjacent neighborhoods relative to architectural dcsign, building mass and height,
neighborhood identity, landscaping, historical character, oricntation of buildings, and visual integration
shall be provided. Said Master Plan is attached hereto as Exhibit E.
17. Wetlands
The Landowner acknowledges and agrees that prior to annexation, boundary determinations shall
be prepared f()r all wetlands on the property to be annexed. Said map is attached hereto as Exhibit F.
18. Fire Station Complex
Landowner acknowledges and agrecs to the donation of lands within the annexed areas to include
up to two (2) acres for the purposcs of a fire station complex with the land subject to review and approval
of the Bozeman Fire Department. Said documentation is attached hereto as Exhibit G.
19. Additional Terms of Waivers
The parties recognize that thesc documents shall be executed and returned to the Bozeman Planning
and Community Development Department within one year of preliminary approval of thc 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 transfer of ownership of any
IleD ANNEXATION AGREEMENT 9 I
. \ 111111 111\1 \111I \\\1 \\11\\\ 11\11\\\11\ III 1111\1 11\ 111\ ~~,~~?,~~,
I
, ,
.. ..
Shelley Vance-Gallatin Co MT MISC 139,00
land within the JCD ANNEXA'fION. The parties turther agree that the City may file these documents at
any timc.
20. Governinl!; Law and Venue
This Agreement shall be construed under and governed by the laws ofthe state of Montana. In the
event of litigation concerning this Agreement, vcnue is in the Eighteenth Judicial District Court, Gallatin
County, State of Montana.
21. Attorney's Fees
In the event it becomcs necessary for either party to this Agrcement to retain an attorney to enforce
any of the terms or conditions of this Agreement, then thc 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.
22. Waiver
No waiver by either party of any breach of any term, covenant or agreement shall be deemed a
waiver of the samc or any subsequent breach of this same or any other term, covenant or agreement. No
covenant, term or agrcement shall be deemed waived by either party unless waived in writing.
23. Invalid Provision
The invalidity or unenforceability of any provision of this Agrcemcnt shall not affect the other
provisions hereot~ and this Agreement shall be construcd in all respects as if such invalid or unenforceable
provision were omitted.
24. Modifications or Alterations
No modification or anlendment of this Agreement shall be valid unless evidenced by a writing
signed by the parties hereto.
25. No Assil!;nment
It is expressly agreed that the Landowners shall not assign this Agreement in whole or in part
IleD ANNEXA nON AGREEMENT 10 I
.. .
: j
..
without prior written consent of the City. 1111111111111111111111111111111111111111111111111111111 ~~~~E?of~p
26. Successors
Shelley Vanoe-Gallatin Co MT MISC 139,00
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.
27. 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 WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year first above written.
LANDOWNERS
~J
('1 1
--... .. . ---
Don H. Miller
'\ j
L -e/l) {,:- , \ I ll~ ,TL;t.j
STATE OF MfiNT-ANA -Il )
('(/[12 ss
",' .,;I.,.V I .."
County of Gallatin T\.. )
On this (1-IL day of A (,(.::1 U S T- , 2005, before me, the undersigned, a Notary
Public for the State of~, personally appeared Jane L. Schaaf and-Bon-H.-Mitter, known to be the
person~ whose name~~s1i6~~ribed to the within instrument and acknowledged to me that ~y executed
IS ~~,
the same. .;""'.C_._
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and
year first above written.
..// ....)./ I
..'_,"'........,.~!'l ,"".,'.."...."""0"'''..'_''' 'c.,'IIft":~,A""l_.__'.."7" / U> ill' ! /-:;~;;l)/" - --
N:5lEAILJ PUBLIC v L,.' .~.... ."~,,, ...
TERRI J. LAPPE fCR!:'-'_.), (r\ t '(c
STATE OF WASIllNGTON (Printed Name Here) L/,_,(t:'/u/ltjlLA
, Notary Public for the State of Mootana n
My Commission Expire; \'()\ '! ~():\, ! Residing at ".0 IV [--r'Il;-h-: iiL' {-1 ,MeHtfma fL
~_"'~"::" ~',"^n,~'_:;./.".''''~l'/IJ~'"'''''' '" 1,'>::;-' """J: ;
My Commission Expires I j"t" ",,.., lIt
/... [i/ -. :/1,// ,;.
.' .,/'-..L..' !.' ,.
(Use four digits for expimtion year)
IJeo ANNEXATION AGREEMENT 11 I
:
.. . .
without prior written consent of the City. 111111111111111111111111111I111111111111111111111111111 ~~i~~?o~~p
26. Successors
Shelley Vance-Gallatin Co MT MISC 139,00
This Agreement shall be binding upon, inure to the benefit of and be enforceable by the partics
hereto and their respective heirs, successors and assigns.
27. 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 cxpire at their deaths or upon transfer of ownership of the property.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year first above written.
LANDOWNERS
Jane L. Schaaf
t/.., rj dI~
f50n H. Miller
STATE OF MONT ANA )
ss
County of Gallatin )
On this ;:1 ;;L day of AVl~V\ S+- , 2005, before me, the undersigned, a Notary
Public for the State of Montana, persona' appearcd .Jane L.SeI,aaf and Don H. MIller, known to be the
pcrsons whose names are subscribed to the within instrument and acknowledged to me that-thcy executed
the same. V\..,l..-.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and
year first above written.
\\\1111/"~
'1~~-'f "" )-- .
........" .. .)-& "....
.... ") . .. 0""
~ :~OTA.q/-i...-t.~ (.~ /{.7LLl~ lJ\JtL,~_. n~
(Print Name Here)-]l-llltLi') ~''-.JC(:tSUI-""l
-*. - (..- Notary Public for the State of Montana
:. (f):. SEAL :* ~ Residing at -[2,.)"2 [.; tlt( ~ ) , Montana
-:':.A- ."~'"
., --v~ . . ''?" '. My Commission Expires ('NJ.- ::l}:J-()L.::7
./ " "~'~.t......
/"/, Or: ~1.0'l;!\~;'\" '(LIse {6ur digits for expiration year)
IIIIII\\\\'
IJCD ANNEXATION AGREEMENT 11 I
- .'. 1111111111111111111111111111111111111111111111111111111 g~~~o~~,
Shelley Vance~Gallatin Co MT MISC 139 00
LANDOWNERS
Ad~.t~ pf;--
1/1/ L.-. ~4:-c..~ ?/,.-: .7Y!e ' I
\ Marsha;_ B~ett 7
, I .
--...............'.',
STATE OF MONTANA )
ss
County of Gallatin )
On this c?<S,d day of ,2005, before me, the undersigned, a Notary
Public for the State of Montana, person appeared Marshal Bennett and Luzann Bennett, known to be
the persons whose names are subscribed to the within instrument and acknowledged to me that they
executed the same.
IN WITNESS W1-1EREOF, I have hereunto set my hand and affixed my Notarial Seal the day and
year first above written.
(SEAL) '.
".;;...."", j Ii (lZilll h / er
..) . J "',. .
, 'y 1,;:.......... '.. '.'.', (Printed Name-Iere)
, :.... 11r;'\'.~~; Notary Public for th State 0 'Montana
.\/ ~.-3 -I': ....':. -; ~ Residing at ') . __.' Montana _
. J'>' . . . ' , . M C .. E . . /' -)A(j a
. ". ..-" -';':, .~ y ommlsslOn Ires .? o<.-U I
......' ! .' ,; . (lJ se four digits for expiration y )
'.
'Itt". .,.'
`
IJCD ANNEXATION AGREEMENT 12 I
. , , 11111111111111111 IIII IIIII!I 111111111111\\ 111111 III 1111 ~~,~~~,~~,
Shelley Vance-Gallatin Co MT MISC 139,00
LANDOWNERS /7
( ,/
(
-V'\
Robert R. Reed, President"
Hope Lutheran Church
STATE OF MONTANA )
ss
County of Gallatin )
On this If#- day of 1/rJ~ ,2005, beforc me, the undersigned, a Notary
Public for the State of Montana, pcrsonally appeared Robert R. Reed, known to me to be the President of
Hope Lutheran Church, the corporation that executed the within instrument, and acknowledged to me that
they executed the samc 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) d/1le~
5"'- 7W~r'--
(Printed Name Here)
CONNIE S. MATOLYAK Notary Public for the State of Montana
Notarial Seal Residing at ~ , Montana
State of Montana My Commission Expires '2- ?-ooj.
(D se four digits for expira
/. .
'. ..' ~ ~
. ,
/ ~ .~* .,
f .'
/ . . 1_-
."
(
~.. ,....-
IJCD ANNEXATION AGREEMENT 13 I
. .
, - ' · 1111111111111111111111111111111111111111111111111111111 g~~~o~~,
Shelley Vance-Gallatin Co MT MISC 139 00
LANDOWNERS
I~ ~~-f ,fMJN~~:6O'#a4-
Mildred Boylan
Trustee ofthe Paul Boylan Trust
STATE OF MONTANA )
ss
County of Gallatin )
On this \~ day of \\ v...Y\ ~~ ,2005, before me, the undersigned, a Notary
Public for the State of Montana, personally1.ppeared Mildred Boylan, known to me to be the Trustee of
Paul Boylan Trust, the person whose names are subscribed to the within instrument, and acknowledged to
me that they executed the same for and on behalf of the Paul Boylan Trust.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my Notarial Seal the day and
year first above written.
(SEAL)
~~,~~~~ 'YD~ ~\.;Ol~
(Printed Name Here) <::::.,
')' ..... ?I,~;" Not~~ PubIi~!:gr the State of Montana
(I) 11/ 0 ,",.,:-> Resldmg at \:::)CJ'.( _e~.....,........._ , Montana
lc~j r:. -:n My Commission Expires ~ G~, \ \. , 2 co,",
,.:?- J:,. (Use four digits for expiration year)
t., -...' , I
l-r A~:' .'
\ -
lIeD ANNEXATION AGREEMENT 14 I
.
( I \ 11111111111111111111111111111111111111111111111111 111I ~~;~~~,~~p
... ...
Shelley Vanoe-Gallatin Co MT MISC 139,00
LANDOWNERS
~Cf# C[?
Thomas Fink, Partncr
Shady Lane Ranch Limited Partnership
ST A TE OF MONTANA )
ss
County of Gallatin )
On this JFf~ day of ;fu~ ,2005, before me, the undersigned, a Notary
Public for the State of Montana, persona ly appeared Thomas Fink, known to me to be the Partner of Shad v
Lane Ranch Limited Partnership, the partnership that executed the within instrument, and acknowledged to
me that they executed the same for and on bchalf of said partnership.
IN WITNESS WHEREOF, 1 have hcreunto set my hand and affixed my Notarial Seal the day and
year first above written.
(SEAL)
.,. \: I t I ~ ! J , j ,: ; " j /l, mail/1! W
-
,1/ (Printed Name Here)
\ '() Notary Public for ,the Sta~e of Montana
,,"'
"n J' Residing at -1X7/~ /7{ rAe , Montana
, ,. ,
My Commission xpires () f -' r() / {PO D 9
(Use four digits for expiration year)
IleD ANNEXATION AGREEMENT 15 I
. .
I I 1111111 1111111111 11111111111111111111111111111111111111 ~~2~~~of~p
., ...,
Shelley Vance-Gallatin Co MT MISC 139.00
CITY OF BOZEMAN
C~A.~'
By: Chris Kukulski, City Manager
ATTEST:
~~~
Clerk of the City Commission
STATE OF MONTANA )
ss
County of Gallatin )
On the!? (5 day of I/f/ ' i ' 2005, before me, a Notary Publicfor the State of Montana,
personally appeared Chris Kukuls I and Robm L. Sulhvan, known to me to be thc Clty Manager and CIcrk
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 samc for and on bchalf of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and aHixed my Notarial Seal on the day
and year first written above.
\\\"".\1\ ri.J'f.:ilUr'f:
~v~\\\\.. ."~ i; >~:: /. ,'.,1/..,/,1'<<.,
...."" '.i:"'~
~'(SEAL ),I't ~ir !;. bi-atlfenuu
gl.""~:";;
::: ~,. . Fr"
::: ",\. 1.1.., .....1 'i< .'
~~~. \P ~,,,:~ Jl.~)..t',,~~;c-'! . >>~,~- !s~. (Printed Name Here)
o ~'~, . ,,*",~~ Notary Publi r the State of
~ "'t/4.' " . . . . ,;'<.,'" ~ Residing at
'/// " OF MO'~'" ",.:;;;
/11/ \\\
/1/1/11111\\\\\\\ My Commission Expires
(Use four digits for expiration year)
IJeD ANNEXA nON AGREEMENT 16 I