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HomeMy WebLinkAbout03- Montana Conference Association of Seventh-Day Adventists Annexation 1 I 111111111111111111111111111111111111111111111111111111 ~:t~~f~, fpi.Anii~ . - , , ./ Shelley Vanoe-Gallatln Co MT MISC 114.00 MONTANA CONFERENCE ASSOCIATION OF SEVENTH-DAY ADVENTISTS ANNEXA TION AGREEMENT THIS AGREEMEN'r is made and entered into this __? 1 s t day of July ,2003, by and bctween the CITY OF BOZEMAN, a municipal corporation and political subdivision of the Statc of Montana, with offices at 411 East Main Street, Bozcman, Montana 59771-0640, hereinafter rcfcrrcd to as "City", and Montana Conference Association of Seventh-day Adventists, 1425 W cst Main Street, Bozeman, MT 59715, hereinafter referred to as "Landowners". WITNESSETH: WI lFREAS, the Landowners arc owners in fee of a tract of certain rcal property, hereinafter refcrred to as the MONIANA CONFERENCE ASSOCIATION OF SEVENTH-DAY ADVENTISTS ANNEXA TION, situated in Gallatin County, Montana, and more particularly described as follows: All that p0l1ion of the SW 1/4 SE 1/4 of Section 8, Township 2 South, Range 6 East P.M.M., Gallatin County, Montana, within the following metes and bounds, to-wit: A parcel of land being the tract described in Film 71, Pagc 1010, and also thc 160 foot wide strip ofland described as "Station 54+49.1 to Station 69+60.0 HAGGERTY LANE FRONT AGE ROAD" in Film 4, Page 1, all documents being in Gallatin County records, said parcel of land lying in the SW 1/4 SE 1/4 of Scction 8, Township 2 South, Rangc 6 East, P.M.M., Gallatin County, Montana, and lying between the southwesterly right of way line of the Haggerty Lmle Frontage Road and the southwesterly right of way line of Montana State Highway Project IIG 90-6(1) 303, and being more particularly described as follows: Beginning at a point on the south line of said Section 8, which point being the south one- sixteenth eorner of the SE 1/4 of said Section 8, and bears South 890 54'41" W cst a distance of 1325.42 feet from the southeast corner of said Section 8; thence continuing South 890 54'41" West on and along the south line of said Seetion 8, a distance of 125.45 feet to a point wherc the south line of said Section 8 intersccts the northeasterly right of way line of the Haggerty Lane Frontage Road; thence South 890 54'41" West along said south line of Section 8, a distancc of 261.8 feet more or less to the southwestcrly right of way of said Haggerty Lanc; thence North 52025' West along the southwesterly right of way line of the Haggerty Lane Frontage Road, a distance of 1181.5 feet morc or less to the west line of the SW1/4 SE 1/4 of said Section 8; thence North 0021'39" West, along said west line, a distance 01'202.9 feet more or lcss to a point whcre the northeasterly right of way line of Haggerty I,ane Frontage Road intersects the west line of thc SW 1/4 SE 1/4 of said Section 8, which point is 80.0 feet lcft when measured at right angles to Engineer's Centerline Station 54+-43.59; thence North 0021'39" West, a distance of 159.97 feet to a point where the west I MONTANA CONFERENCE ASSOCIATION OF SEVENTH-DAY ADVENTISTS ANNEXATION AGREEMENT I I I 1111111111111111111111111111111111111111111111111111111 ~:}'~~~f:, . Shelley Vanoe-Gallatln Co MT MISC 114.00 line of the SW1I4 SE1I4 of said Section 8 intersects a point 400 feet distant southwesterly, when measured radially from Station 178 + 40.0 of the Median Centerline of Montana State Highway Project JIG 90~6(1) 303; thence South 630 07'34" East a distmlee of 886.6 feet, more or less, to a point 160 feet distant southwesterly of said Median Centerline, measured radially from Station 186 + 00; thence southeasterly and parallel to said Median Centerline along a curve to the left 01'2452.0 feet radius; 441.19 feet to a point 160 feet left when measured radially from said Median Centerline at the curve to spiral Station 190 -f- 12.4, thence southeasterly along the spiral curve to the left, detlection 10 30' 09", a distance of 150.41 feet to the intersection of said spiral curve, with the east line of the SW1I4 SE1I4, of said Seetion 8; thence South 00 00'40" East on and along the east line of the SW 114 SE 1/4, a distance of 409.43 feet to the Point of Beginning, said parcel containing a total of 13.946 acres, more or less; 9.036 acres being contained in the traet described in Film 71, Page 1010 and 4.91 acres more or less being contained in the tract described in Film 4, Page 1. WHEREAS, the Landowners have petitioned the City for mmexation of the contiguous tract; mId WHEREAS, the MONTANA CONFERENCE ASSOCIATION OF SEVENTH~DA y ADVENTISTS ANNEXATION is not within the corporate limits ofthe City or other municipality but is contiguous to the City 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 43, and WHEREAS, all parties recognize that the annexation of the MONT ANA CONFERENCE ASSOCIA TION OF SEVENTH~DAY ADVENTISTS ANNEXA nON pursuant to Section 7~2-430 I, et seq., M.C.A., will entitle the said propcrty to City services, including municipal water and sewer service, upon their availability; and WHEREAS, M.C.A. Seetion 7 ~2~4305 provides that a municipality mId landowners can agrec to the provision of services to the area to be annexed; and WHEREAS, thc City's present water supply is insufficient to enable it to supply reasonably adequate water service to additional customers outside thc prcsent city boundaries; and WHEREAS, the Landowners wish to eonvey to the City ccrtain watcr rights or take some equivalent aetion to provide water and sewer service to the MONT ANA CONFERENCE ASSOCIATION OF SEVENTH-DAY ADVENTISTS ANNEXATION; and IMONTANA CONFERENCE ASSOCIATION OF SEVENTH-DAY ADVENTISTS ANNEXATION AGREEMENT 2 I 1111111111111111111111111111111111111111111111111111111 ~~t~~~f:~~R Shelley Vanoe-Gallatln Co MT MISe 114.00 WHEREAS, all parties recognize that the development of the MONT ANA CONFERENCE ASSOCIATION OF SEVENTH-DAY ADVENTISTS ANNEXATION will impact the intersection of Haggerty Lane and Main Street, and wiIl require additional public street improvements for traf1ic circulation; and WI-lEREAS, the Landowners finds that this Agreement will provide for the most satisfactory and dependable water supply or service available to furnish water and provide traf1ic circulation for development near and within the MONT ANA CONFERENCE ASSOCIATION OF SEVENTH-DA Y ADVENTISTS ANNEXATION; and WI-IEREAS, the making and performance of this Agreement is desirable to promotc the development of the most adequate water supply and traffic circulation pattern for the City as it now exists and as it is reasonably expeeted to enlarge; and WI IEREAS, the seeming 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 and the Landowners, and in furtherance ofthe public health, safety and welfare of the community to enter into and implement this Agreement. IN CONSIDERATION of the mutual covenants and agreements herein contained, the parties hereto agrce as follows: 1. Recitals. Montana Conference Assoeiation of Seventh Day Adventists is adjacent to the existing right-of- way for Haggerty Lane. 2. Annexation. The Landowner filed an application for alU1exation of the MONT ANA CONFERENCE ASSOCIATION OF SEVENTH-DAY ADVENTISTS ANNEXATION with the City. The City, on I MONTANA CONFERENCE ASSOCIATION OF SEVENTH-DAY ADVENTISTS ANNEXATION AGREEMENT 3 I , 1111111111111111111111111111111111111111111111111111111 ~~t~~~f:~~A Shelley Vanoe-Gallatln Co MT MISC 114.00 April 14, 2003, adopted a Resolution of Intent to Annex the MONTANA CONFERENCE ASSOCIATION OF SEVENTH-DAY ADVENTISTS ANNEXATION. By execution of this Agreement, the City has manifested its intention to annex the MONT ANA CONFERENCE ASSOCIATION OF SEVENTH-DAY ADVENTISTS 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 MONTANA CONFERENCE ASSOCIATION OF SEVENTIl-DA Y ADVENTISTS 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 of this Agreement and effectuate the alU1exation of the MONTANA CONFERENCE ASSOCIATION OF SEVENTH-DAY ADVENTISTS ANNEXATION to the City. 3. Services Provided. The City will, upon annexation, make available only existing City scrvices to the extent currently available, including municipal water service, municipal sewer service, police protection, and fire protection, to the MONTANA CONFERENCE ASSOCIATION OF SEVENTIl-DA Y ADVENTISTS ANNEXATION, as provided in this Agreement. 4. Municipal Water Service Defined. '['he term "municipal water serviee" 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 othcr terms and conditions which apply to the City's provision of this service. The term does not eontemplate the extension oflines or construction of necessary improvements at any cost to the City for delivery of water to and within the MONT ANA CONFERENCE ASSOCIATION OF SEVENTH-DAY ADVENTISTS ANNEXATION. Nothing in this Agreement shall obligate the City to pay f()r right-of-way acquisition, engineering, construction, and other costs for the delivery of I MONTANA CONFERENCE ASSOCIATION OF SEVENTH-DAY ADVENTISTS ANNEXATION AGREEMENT 4 I 1111111111111111111111111111111111111111111111111111111 ~~t~~~f:f~A Shelley Vanoe-Gallatin Co MT MISC 114.00 water to or within the MONI'ANA CONFERENCE ASSOCIATION OF SEVENTH-DAY ADVENTISTS ANNEXATION to include, but not limited to, any impact fees, hook-up, connection, or developmcnt 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 eonditions whieh 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 MONT ANA CONFERENCE ASSOCIA TION OF SEVENTH-DAY ADVENTISTS ANNEXATION. Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition, engineering, eonstruction, cmd other costs for the collection of sewage services to or within the MONTANA CONFERENCE ASSOCIATION OF SEVENTH-DA Y ADVENTISTS ANNEXATION 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 ofthe 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, whieh 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 Rcsolution 3137. Adopted August 19, 1996 The Landowners shall provide suffieient water rights or cash-in-lieu as calculated by the City in accordance with its poliey at time of calculation, The Landowners further understand 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 I MONTANA CONFERENCE ASSOCIATION OF SEVENTII-DAY ADVENTISTS ANNEXATION AGREEMENT 5 I , , 1111111111111111111111111111111111111111111111111111111 ~:t~:~r:f~R Shelley Vanoe-Gallatln Co MT MIse 114.00 property at thc timc such calculation is made. The Landowners agree to providc sufficient water rights or cash-in-lieu of water rights prior to filing of any Final Subdivision Plat, Final Site Plan approval, or the issuance of any building permit, whichever occurs first. 7. Comprehensive Water and Sewer Desien Report Prior to future development of the property, the Landowner shall have prepared by a Professional Engineer, at Landowner's expcnsc, a comprehcnsivc dcsign report evaluating existing eapacity of sewer and water utilities. The report must include hydraulic cvaluations of each utility for both cxisting and post-development demands, and the report findings must demonstrate adequate capacity to serve thc full development of the land, If adequate water and/or sewer eapacity is not available for full development, the report must idcntify necessary water systcm and sewer system improvements required for full development. The Landowner agrees to complete at Landowner's expcnse, the neeessary systcm improvements to serve the full development. 8. Future Development The Landowners understand and agree that all future development on the MONTANA CON FERENCE ASSOCIATION OF SEVENTH-DA Y ADVEN'TIS'rS ANNEXATION Tract shall be scrved by City Water and Sewer as provided for in the City's facility master planning documents. 'fhe Landowners understand and agree that munieipal services are not currently availablc to the area proposed for annexation and that there is no right, either granted or implied by the City, for the Landowners to develop any ofthe MONT ANA CONFERENCE ASSOCIATION or SEVENTH-DAY ADVENTISTS ANNEXATION Tract until it is verified by the City that necessary municipal services, including but not limited to police and firc protection, are available to all or a portion of the MOnrANA CONFERENCE ASSOCIATION OF SEVENTH-DA Y ADVENTISTS ANNEXATION Tract. I MONTANA CONFERENCE ASSOCIATION OF SEVENTH-DA Y ADVENTISTS ANNEXATION AGREEMENT (, I . IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~ ~~t~~~~f~~ Shelley Vanoe-Gallatin Co MT MISC 114.00 L~mdowners 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. After connection to city water services, any existing wells may be used only for irrigation purposes only, and the scptic systems and tmlks must be properly drained, filled and abandoncd. Upon futurc development ofthe MONT ANA CONFERENCE ASSOCIATION OF SEVENTI I- DA Y ADVENTISTS 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 MONTANA CONFERENCE ASSOCIATION OF SEVENTH-DA Y ADVENTISTS ANNEXATION Tract. 9. Impact Fees The Landowners hereby acknowledge that annexation and development of their propeliy will impact the City's existing street, water and sewer infrastructure, and fire service requirements. Thcre are no existing structures on the property. At the time new structures apply to connect to thc City's Water and Sewcr facilities, the Landowners shall pay all Water and Sewer Impact Fees, whieh arc due. The Landowners and any suceessors shall pay aU Fire, Street, Water and Sewer Impact Fees required hy Chapter 3.24, Bozeman Municipal Code, or as amended, at the time of application for any permit listed in Section 3.24.050A, 3.24.060.A, 3.24.070.A, or 3.24.080.A, respectively. If impaet fees currently imposed pursuant to Chapter 3.24 of the Bozeman Municipal Code are subsequent! y voided or declared invalid by a court of competent jurisdiction, the Landowners agree to pay the City fees or assessments estahlished by the City for impaet on City services in accordance with a new or revised Chapter of the Bozeman Municipal Code lawfully enaeted as a result of such court decision after the date of the court dccision. If, prior to enactmcnt 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 Bozeman Municipal Code, the IMONTANA CONFERENCE ASSOCIATION OF SEVENTH-DAY ADVENTISTS ANNEXATION AGRI-:!':MI'NI' 7 I \ IIIIIIIIIIIIIIIIIIIIII~ 111111111111111111111111111 1111 ~J;~:~~:~~, Shelley Vanoe-Gallatln Co MT MISC 114.00 Landowners further agree to pay at that time, the amount calculated for such fees based upon the rates established at the date of this agreement If the Court above declares Chapter 3.24 of the Bozeman Municipal Code invalid, and if landowners would have been entitled to a refund under the eourt's deeision but were it not for the so Ie 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 ffi1d 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. Lmdowners further understand and agree that any improvements, either on- or otf-site, necessary to provide connection of MON'TANA CONFERENCE ASSOCIATION OF SEVENTH- DA Y ADVENTISTS ANNEXArION to municipal services which are wholly attributable to the property are "project related improvements" as dcfined in Chapter 3.24, Bozeman 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 sLlch is to be performed, and should default not be remedied or corrected within thirty (30) days after written notice by City to the Landowners of sueh default, City may at their option: A) Declare the amounts owing for impact fees immediately due and payable and City shall have the right ffi1d privilcge to take legal action against Landowncrs 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 lcvying 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 enforcemcnt of this provision by City that impact fees imposed pursuant to Chapter 3.24 of the Bozeman Municipal Code are I MONTANA CONFERENCE ASSOCIATION OF SEVENTH-DAY ADVENTISTS ANNEXATtON AGREEMENT 8 I , 1111111111111111111111111111111111111111111111111111111 ~~t~~~f:f~~ Shelley Vanoe-Gallatin Co MT MISC 114.00 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 sueh payment, landowncrs will pay such amount as speeified above. 10. Stormwatcr Master Illan Landowner understands and agrees that a Storm water Master Plan for the MONTANA CONFERENCE ASSOCIATION OF SEVENTH-DAY ADVENTISTS ANNEXATION for a system designed to remove solids, oils, grease, and other pollutants tram the runoff from thc public strcets 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 adequatc drainage ways within the area to transport runoff to the stormwater reeeiving ehannel(s). The plan shall inelude site grading and elevation information, typical storm water detention/retention basin and discharge structure dctails, basin sizing calculations, and stormwater maintenance plan. t t. Traffic Analvsis Report Landowner shall provide a dctailcd Traffic Analysis Report(s) at the time of future development of any portion of the annexed property. 12. Waiver of Rie:ht-to-Ilrotest Soeciallmprovement Districts The Landowners have executed a Waivcr of Right-tn-Protest Creation of Special Improvement District for signalization qfthe intersection of Haggerty Lane and Main Street, and for a park maintenance district. Said Waivcrs are attached hereto as Exhibits A and B. 13. Utility Easements Landowner understands and agrees that utility easements, a minimum of 30 feet in width, will bc necessary for the installation and maintenance of water and sewer utility serviees to the annexed pareel. The Landowner shall creatc such easements in locations agreeable to the City I MONTANA CONFERENCE ASSOCIATION or SEVENTII-DA Y ADVENTISTS ANNEXATION AGREEMENT ') I 1111111111111111111111111111111111111111111111111111111 ~~t~f~1~~A Shelley Vanoe-Gallatln Co MT MISC 114.00 during thc 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. 14. Additional Terms of Waivers The parties recognize that these doeuments shall be exeeuted 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 tIled and of record with the Gallatin County Clerk and Recorder prior to the sale or transfer of ownership of any land within the MONT ANA CONFERENCE ASSOCIATION Of SEVENTH-DA Y ADVENTISTS ANNEXATION. The parties further agree that the City may We these documents at any time. 15. Governine Law and Venue This Agreement shall be eonstrued under and governed by the laws of the state of Montana. In the event of litigation concerning this Agreement, venue is in thc Eighteenth .Tudieial District Court, Gallatin County, Statc of Montana. 16. Attornev's Fees In the event it bccomes necessary for either party to this Agreement to retain an attorney to enforce any ofthc terms or conditions of this Agreemcnt, then the prevailing party shall be entitled to reasonable attorney's fees and costs, to include the salary and eosts of in-house eounsel including City Attorney. 17. Waiver No waiver by either party of any breach of any term, eovenant or agreement shall be deemed a waivcr of the same or any subsequent breach of this saIne or any othcr tcrm, covcnant or agreement. No covenant, term or agreement shall be deemed waived by either party unless waivcd in writing. I MONT ANA CONFERENCE ASSOCIATION OF SEVENTH-DAY ADVENTISTS ANNEXATION AGRFF:MLNT 10 I -- , 1111111111111111111111111111111111111111111111111111111 ~~t~~f~1~~A Shelley Vanoe-Gallatin Co MT MISC 114.00 18. Invalid Provision The invalidity or unenforceability of any provision of this Agreement shall not affect thc othcr provisions hereof, and this Agreement shall be construed in all respects as if such invalid or uncnforceable provision were omitted. 19. Modifications or Alterations No modification or amendmcnt of this Agreement shall be valid unlcss cvidcneed by a writing signed by the parties hereto. 20. No Assienmcnt It is expressly agreed that the Lmldowners shall not assign this Agrcement in whole or in part without prior written consent of the City. 21. Successors This Agreement shall be binding upon, inure to the benefit of and be enforceablc by the parties hcreto and their respective heirs, successors and assigns. 22. Covenants to Run with the Land The parties intcnd that the terms ofthis Agreement shall bc covcnants running with the land and shall not expirc 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 ycar first above written. I MONTANA CONFERENCE ASSOCIATION OF SEVENTH-DAY ADVENTISTS ANNI':XATION AGREEMENT 111 111I1~Dlllllllllllllllllllllllllllllllllllllllllrllll ~:};~~~~~~, Shelley Vanoe-Gallatin Co MT MISC 114.00 LANDOWNERS ry~.V\ m, (s;.ejVV'-~"~~" Myron ISf.tninger Seeretary 'tr reasurer STATE OF MONTANA ) ss County of Gallatin ) On this __if{'_f/, day of ~rLL- ,2003, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Myron Iscmingcr, known to me to bc the Secretaryrrreasurer, of Montana Conference Association of Seventh-day Adventists, thc corporation that executed the within instrument, and acknowledged to me that he executed the same for and on bchalf of said corporation. IN WITNESS WHEREOf, I havc hcrcunto sct my hand and affixed my Notarial Seal the day and year first above written. \~.., :':{R~j\L.). '" ' ."\. J , .....if..,d41 ,"'.,", ~.... 'h ~.~. ,,,, ... .f.... / '""/;J' - ',' ".'~ ._-- '/-I ,_' (.,(..-p& L . ~~ :: (Printed Name Here) Kt<fl,,E. 5/a!.Irlc?} S t I~' . .<~ .," N ot~~ Publi~f9~ th.. .e... S.Jf .1'1 tee ~ ~If. ..Montana ."/ . Resld1l1g at rh~ ~ . Montana , .-, ': .' C '. " My Commission E~p"i~~~-~t/ / ~ 2 u'Ot/ _ (Use four digits for expiratlon year) CITY OF BOZEMAN ., -i 1 ,_ :"--::: '\ _,- By: Clark Johnson, City Manager (;IT ~ST.. :'.'...., .'.... .' '~~.." ~..... '.4 :Z.~ ,,' .". , ". (l:l '. iQ ~ '- ' , .! ~~'..'~".''', "', Clerk of the CitY Commission STATE OF MONTANA ) ss County of Gallatin ) I MONTANA CONFERENCE ASSOCIATION OF SEVENTH-DAY ADVENTISTS ANNEXATION AGREEMENT 121 , 1111111111111111111111111111111111111111111111111111111 ~:t~~~~~, Shelley Vanoe-Gallatln Co MT MISC 114.00 On the JJst day of (J"t4 ~ ' 2003, before me, a Notary Public for the State of Montana, pcrsonally appeared CLAR OHNSON AND ROBIN L. SULLIVAN, known to me to bc the City Managcr and Clerk ofthe City Commission respectively, of the City of Bozeman, whose namcs are subscribed to the within instrument and acknowledged to me that thcy cxeeuted 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 yea\ ti/lS~*~~~ .a~ove. "0\.-" . '. :"1/y/,; 'Js. . . ~/ .... C . /' :: , . '" kfr)AR/Ac.1' :. ~ ' ~*:. SEAL::*1 U()l{utUl~ .. !.P,)-'. . ~... Notary PublIc for the State 01 Montana ,.. . ." ...., -1~ O' 'M.~~'?'".... Residing at Bozeman, Montana . IIIII'~ I" \ \ \' Commission Expircs: 06, oq GO 05 /J/[[)/e. 1-1. Haner 1 MONT ANA CONfERENCE ASSOCIATION OF SEVENTII-DA Y ADVENTISTS ANNEXATION AGREEMENT 131 l IIIIIIIIII~ 1111111111111111111111111111111111111111111 ~J;~;~~t~~, Shelley Vanoe-Gallatin Co MT MISC 114.00 EXHIBIT A WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS MONT ANA CONFERENCE ASSOCIATION OF SEVENTH-DAY ADVENTISTS ANNEXATION The undersigned owners ofthe real property situated in the City of Bozeman, County of Gallatin, State of Montana, and more particularly described as follows: All that portion ofthe SW 1/4 SE 1/4 ofScction 8, Township 2 South, Range 6 East, P.M.M., Gallatin County, Montana, within the following metes and bounds, to-wit: A pareel ofland being the tract described in Film 71, Page 1010, and also the 160 foot wide strip of land described as "Station 54+49.1 to Station 69+60.0 HAGGERTY LANE FRONT AGE ROAD" in Film 4, Page 1, all documents being in Gallatin County records, said pareel of land lying in the SW 1/4 SE 1/4 of Section 8, Township 2 South, Range 6 East, P.M.M., Gallatin County, Montana, and lying between the southwesterly right of way line of the Haggerty Lane Frontage Road and the southwesterly right of way line of Montana State Highway Project nG 90-6(1) 303, and being more particularly described as follows: Beginning at a point on the south line of said Section 8, which point being the south one- sixteenth eorner of the SE 1/4 of said Section 8, and bears South 890 54'41" West a distance of 1325.42 feet from the southeast corner of said Section 8; thence continuing South 89054'41" West on ffild along the south line of said Section 8, a distance of 125.45 feet to a point where the south line of said Section 8 intersects the northeasterly right of way line of the Haggerty Lane Frontage Road; thence South 890 54'41" West along said south line of Section 8, a distanee of261.8 feet more or less to the southwesterly right of way of said Haggerty Lane; thence North 52025' West along the southwesterly right of way line of the Haggerty Lanc Frontage Road, a distance of 1181.5 feet more or less to the west line of the SW1/4 SE1/4 of said Section 8; thence North 0021'39" West, along said west line, a distance of202.9 feet more or less to a point whcrc the northeasterly right of way line of Haggerty Lane frontage Road intersects the west line of the SWI/4 SE 1/4 of said Section 8, which point is 80.0 feet left when mcasurcd at right angles to Engineer's Ccnterline Station 54+43.59; thence North 0021'39" West, a distffilce of 159.97 fect to a point where thc west line of the S WI /4 SE 1/4 of said Scction 8 intersects a point 400 feet distant southwcsterly, when measured radially from Station 178 + 40.0 of the Median Centerline of Montana State Highway Project IIG 90-6(1) 303; thence South 630 07'34" East a distance of 886.6 feet, morc or less, to a point 160 feet distant southwestcrly of said Median Centcrline, measured radially from Station 186 + 00; thence southeasterly and parallel to said Median Centerline along a curve to the left of 2452.0 feet radius; , . . 441.19 feet to a point 160 feet left when measured radially from said Median Centerline at the curve to spiral Station 190 + 12.4, thence southeasterly along the spiral curve to the left, deflection 10 30' 09", a distance of 150.41 feet to the intersection of said spiral curve, with the east line ofthe SWl/4 SE1I4, of said Section 8; thence South 00 00'40" East on and along the east line of the SWll4 SE1I4, a distance of 409.43 feet to the Point of Beginning, said parcel eontaining a total of 13.946 acres, more or less; 9.036 aeres being contained in the tract described in Film 71, Page 1010 and 4.91 acres more or less being contained in the tract described in Film 4, Page 1. IN CONSIDERATION of receiving approval for annexation for 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 impacts which will be caused by the development of the 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) for signalization of the intersection of Haggerty Lane and Main Street; 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 a: OJ .... property. N NCD -- -- r-)ii ~ In the event Special Improvement Districts are not utilized for the completion ofthese CQlIlg .... - ~ .. III .... . G ..- projects, we agree to participate in an alternate financing method for completion of said N"CD D- G _G _G -. 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 - =0 -CI) _iE combination thereof. =.... ____ E !!!!!!!!!!!!!! 0 _0 =<:: This waiver shall be a covenant running with the land and shall not expire. !!!!!!!!!!!!!! - -~ _II =- -.... -II -0 The terms, covenants and provisions ofthe Waiver shall extend to, be binding upon the -, =. _0 =<:: -" -> successors-in-interest and assigns of the parties hereto. ~> -. =.... -.... -. !!!!!!!!!!!!!! .s::. _CI) , . DArED this lto 'f'lttay of J \}Jh.(t... ,2003. - - LANDOWNERS M~r \ SQ,tyVvL~.~ Seeretary /T reasurer STATE OF MONTANA ) ss. County of Gallatin ) On this /~/t!\ day of c:lL4/U, __ .___"___, 2003, before me, the undersigned, a Notary Public for the State of Montatta, personally appeared Myron Iseminger, known to mc to be the Secretary/Treasurer, of Montana Conference Association of Seventh-day Adventists, thc eorporation that executed the within instmment, and acknowledgcd to me that he executcd the same for and on behalf of said eorporation. IN WITNESS WllEREOF, I havc hereunto set my hand and affixed my Notarial Scal the day and year first above writtcn. . ;" i~~j\L) .... ,...' .. l"/i . .J en a .,Q', ~J'\IA( .C.(_ .... ~ A. QILM_b-r] N NO! .. ." . -- (Printcd Name Here)"" Ru f--t... /c-. 6tai'lftJn Y-',. tt)'O: COOl) g Sll\l'~~ Notary Publie Ipr the State of Montana .... - ~ r I . ..:::>:';0 Residing at /hz.uz ~ i D , Montana --10 .\ ,-.- ..'/, '1'.7' .' .... . 0 11I- . " . N-m - >" ...' "';" My Commission Expires ~. /1. .2:-001- D..O ""'" \ ~ C'. _0 _0 \J " - - (Use four digits for expirafIOn year) -... -- ===- iiiiiiiiiiiiiii - =0 -en _E =1- iiiiiiiiiiiiiii ll:: !!!!!!!!!!!!!!! 0 _0 =<: !!!!!!!!!!!!!!! - -~ -- =--- ---- -- -0 -, =. _0 =<: -- -> iiiiiiiiiiiiiii >- -. =- iiiiiiiiiiiiiii .. !!!!!!!!!!!!!!! r. _en , " 1111111111111111111111111111111111111111111111111111111 ~:t~;~~t~~, Shelley Vanoe-Gallatin Co MT MISC 114.00 EXHIBIT B WAIVER OF RIGHT TO PROTEST CREATION OF PARK MAINTENANCE DISTRICT MONTANA CONFERENCE ASSOCIATION OF SEVENTH-DAY ADVENTISTS 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 SW 1/4 SE 114 of Section 8, Township 2 South, Range 6 East, r.M.M., Gallatin County, Montana, within the following metes and bounds, to-wit: A parcel of land being the tract describcd in Film 71, Pagc 1010, and also the 160 foot wide strip of land described as "Station 54+49.1 to Station 69+60.0 HAGGERTY LANE FRONT AGE ROAD" in Film 4, Page 1, all documents being in Gallatin County rccords, said parcel ofland lying in the SW 1/4 SE 1/4 of Section 8, Township 2 South, Range 6 East, P.M.M., Gallatin County, Montana, and lying between the southwesterly right of way line of the Haggerty Lane Frontage Road and the southwesterly right of way line of Montana State Highway Project IlG 90-6(1) 303, and being more partieu1arly described as follows: Beginning at a point on the south line of said Section 8, which point being the south one- sixteenth corner of the SEl/4 of said Section 8, and bears South 890 54'41" West a distance of 1325.42 feet from the southeast corner of said Section 8; thcnce continuing South 890 54'41" West on and along the south linc of said Section 8, a distance of 125.45 feet to a point where the south line of said Section 8 intersects the northeasterly right of way line of the Haggerty Lane Frontage Road; thence South 890 54'41" West along said south line of Section 8, a distanee of 261.8 feet more or less to the southwesterly right of way of said Haggerty Lane; thence North 52025' West along the southwesterly right of way line of the I-laggerty Lane Frontage Road, a distance of 1181.5 feet more or less to the west line of the SWI/4 SEI/4 of said Section 8; thence North 0021'39" West, along said west line, a distance of202.9 feet more or less to a point where the northeasterly right of way line of Haggerty Lane Frontage Road intersects the west line of the SW1I4 SEl/4 of said Seetion 8, which point is 80.0 feet left. when measured at right angles to Engineer's Centerline Station 54+43,59; thence North 0021'39" West, a distance of 159.97 feet to a point wherc the west line of the SWl/4 SE1I4 of said Section 8 intersects a point 400 feet distant southwestcrly, when measured radially from Station 178 + 40.0 of the Median Ccnterline of Montana State lIighway Project IlG 90-6(1) 303; thence South 630 07'34" East a distance of 886.6 feet, more or less, to a point 160 feet distant southwesterly of said Median Centerline, measured radially from Station 186 + 00; thence southeasterly . I' . . '" . and parallel to said Median Centerline along a curve to the left of2452.0 feet radius; 441.19 feet to a point 160 feet left when measured radially from said Mcdiml Centerline at the curve to spiral Station 190 + 12.4, thence southeasterly along the spiral curve to the len, deflection 1030' 09", a distance of 150.41 feet to the intersection of said spiral curve, with the east line of the SW1/4 SE1I4, of said Seetion 8; thence South 00 00'40" East on and along the east line of the SWl/4 SE1I4, a distance of 409.43 fect to the Point of Beginning, said parcel containing a total of 13.946 acres, more or less; 9.036 acres being contained in the tract described in Film 71, Page 1010 and 4,91 acres more or less being contained in the tract described in Film 4, Page 1. 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 ofthc impacts which will be caused by the development of the 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- m a: described property. I'-- N NeD -- -- tt)'Q : In the event Special Improvement Districts are not utilized for the completion ofthese co CD g .... - ~ --UJ .... . 0Sl projects, we agree to participate in an alternate financing method for completion of said ..- N _CD ll-0Sl _0Sl _t'OI - improvements on a fair share, proportionate basis as determined by square footage of the -... =- -- == iiiiiiiiii property, linear front footage of the property, taxable valuation of the property, or a - =0 -II> _E combination thereof =1- iiiiiiiiii E !!!!!!!!!!!!!!! 0 _0 =c 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 -0 -. =. _0 =c -- -> successors-in-interest and assigns of the parties hereto. iiiiiiiiii ,.. -. =- -- -. !!!!!!!!!!!!!!! .c -II> , ., . ~ '. . DA TED this ~ay of j 'V\/V'..Q. ,2003. LANDOWNERS ~ \~~~ Myron. cminger · Secretary /T reasurer STATE OF MONTANA ) ss. County of Gallatin ) On this 16th day of June , 2003, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Myron Iseminger, known to me to be the Secretary/Treasurer, of Montana Conference Association of Seventh-day Adventists, 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 flrst above written, S ,. ,: '" J A; '. \', ~' "" "1- ,.';, "'" .~ \ \! "(&B~ " ',\0 .\~ \ " '-:; ,.:-::) " " ~ , en a ..,,( .. :. (~i,",. .k. 41hz i:r-r; r- .... . - Nm-- tP :, SEA L,/~ i ~~ ..-....- IV) a :; (Printed Name Here)'~ Ru-l--h .6 <Sra-:;t-;-1-l777 COm~ "..\ , ~ . . ~. ,.'" " Not~? publjOJ the S~ntana .... ~ ~ . / ." >-(' O'~",'\Ci'\\,"" --w .... . s Resldmg at ~VtL..i ._'____n____' Montana 11I- '1 "..' N"m .." My Commission Expires o;...,.!-;?t:e' /.7. ~?Jt.~ Q.09 _09 _09 (Use four digits for expiratit;n year) - -.... =~ -~ = iiiiiiiii - =u -'" -... ==E: =1- iiiiiiiii E: !!!!!!!!!!!! 0 _u =c: !!!!!!!!!! .... -- -" =- -- -" -0 -, =. _0 =c: -" -> iiiiiiiiiii >- -. =- iiiiiiiiiii ... !!!!!!!!!! L -'"