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HomeMy WebLinkAbout72- Montana State University Foundation Annexation Agreement " i' 111111111111111111111111111111111111111111111111111111I ~~63~f~?t~p Shelley Vanoe-Gallatin Co MT MISC 126,00 MONTANA STATE UNIVERSITY FOUNDATION ANNEXATION ANNEXATION AGREEMENT THIS AGREEMENT made and ente,ed into this /8> day of - H ' 2002, by and between the CITY OF BOZEMAN, a municipal corporation and political subdivision of the State of Montana with offices at 4 J J East Main Street, Bozeman, Montana 59771-0640, hereinafter referred to as "City" and MONTANA STATE UNIVERSITY FOUNDATION, 1501 South I Jlh Avenue, Bozeman, Montana 59717, hereinafter referred to as "Landowner". W I1NESSETI-I: WHEREAS, Landowner, is owner in fee of a tract of certain real property, hereinafter referred to as the "MONTANA STATE UNIVERSITY FOUNDATION ANNEXATION" tract situated in Gallatin County, Montana, and more particularly described as follows: A tract of land being described as a tract of land for annexation purposes, located in the northwest quarter of the northwest quarter of Section 14, and the northeast quarter of the northeast quarter of Section J 5, Township 2 South, Range 5 East, P.M.M., Gallatin County Montana, and being more particularly described as follows: Commencing at the northwest corner of said Section 14; thence along the north line of said Section 14, North 89022'47" East a distance of 1347.23 feet to the north sixteenth corner of the northwest quarter of said Section 14; thence along the west line of the east half of the northwest quarter of said Section 14, also being the Bozeman City Limits per Commission Resolution No. 1360, South 00011'42" East a distance of 44,95 feet, to the true point of beginning. Thence continuing along said west line South 00011'42" East a distance of 1285.25 feet, to the southwest corner ofthe northeast quarter ofthe northwest quarter of said Section 14; thence along the north sixteenth line of said Section J 4, South 89031 '43" West a distance of 1345.59 feet to the north sixteenth corner common to said Sections 14 & 15,said corner also being the southeast corner of Tract B of Certificate of Survey No. J 243 as filed with the Gallatin County Clerk and Recorder; thence along the east line and northerly line of said Tract B the following two courses, North 00015'53" West a distance of 608.73 feet; thence South 83056'16" West a distance of 337, II feet; thence along the easterly line of Tract A-l-A-I of Certi ficate of Survey No. 1243C as filed with the Gallatin County Clerk and Recorder, North 00018'19" West a distance of 686.94 feet to a point on a non-tangent curve to the left on the southerly right of way line of U.S. Highway No. 191, said curve having a radius of 5810.74 feet, a central angle of 0042'25", and a chord bearing of South 89038'51" East and a chord distance of 71.70 feet; thence along said curve an arc length of 71.70 feet; thence along said right of way the following five courses, South 89059'55" East a distance of 57.69 feet; thence North 89059'58" East a distance of 896.87 feet; thence South 75057'50" East a distance of 82.46 feet; thence North 89059'26" East a distance of 60.16 feet to a point on a non-tangent curve to the left, said curve having a radius of 2381.83 feet, a central angle of 12031'23", and a chord bearing of North 83044'J 5" East and a MONTANA STATE UNIVERSITY FOUNDATION ANNEXATION AGREEMENT 1 ,. 1111111111111111l1li11111111111111111111111111111111111 ~~.~~r~~p Shelley Vanoe-Gallatin Co MT MISC 126.00 chord distance of 519.95 feet; thence along said curve an arc length of 520.59 feet to the true point of beginning. Said tract of land containing 43.85 acres, more or less, along with and subject to all easements. WHEREAS, the Landowner has petitioned the City for annexation of said tract of land; and WHEREAS, the MONTANA STATE UNIVERSITY FOUNDATION 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 MONTANA STATE UNIVERSITY FOUNDATION ANNEXATION pursuant to Section 7-2-4601, et seq., M.C.A. will cntitle thc said property to City scrvices, including municipal water and sewer service, upon thcir availability; and WHEREAS, M.C.A. Section 7-2-4610 provides that a municipality and landowner can agree to the provisions of scrvices to the area to be annexed; and WHEREAS, the City's present water supply and sewer collcction system is insufficient to cnable it to supply reasonably adequate water and sewer service to additional customers outside the present city boundaries; and WHEREAS, all parties recognlze that the development of the MONTANA STATE UNIVERSITY FOUNDATION ANNEXATION will impact area streets, and that future improvements may require additional public street improvements for traffic circulation; and WHEREAS, the Landowner wishes to convcy to the City certain water rights or take some equivalent action to provide water and sewer service to the MONTANA STATE UNIVERSITY FOUNDATION ANNEXATION; and WHEREAS, the Landowner finds that this Agrcement 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 MONTANA STATE UNIVERSITY FOUNDA nON ANNEXATION; and MONTANA STATE UNIVERSITY FOUNDA nON ANNEXATION AGREEMENT 2 1111111111111111111111111111111111111111111111111111111 ~~~~~f~?~p Shelley Vanoe-Gallatin Co MT MISC 126.00 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. 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 ofthe 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 of the MONTANA STATE UNIVERSITY FOUNDATION ANNEXATION with the City. The City, on September 24,2001, adopted a Resolution of Intent to Annex the MONTANA STATE UNIVERSITY FOUNDATION ANNEXATION, By execution of this Agreement, the City has manifested its intention to annex the MONTANA STATE UNIVERSITY FOUNDATION 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 MON'fANA Sl'ATE UNIVERSITY FOUNDA TION 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 MONTANA STATE UNIVERSITY FOUNDATION ANNEXATION tract to the City. MONTANA STATE UNIVERSITY FOUNDATION ANNEXATION AGREEMENT 3 3. Services Provided 1111111111111111111111111111111111111111111111111111111 ~~;3~r:!~, Shelley Vanoe-Gallatin Co MT MISC 126.00 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 MONTANA STATE UNIVERSITY FOUNDATION 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 tenn does not contemplate the extension of lines or construction of necessary improvements at any cost to the City for delivery of water to and within the MONTANA STATE UNIVERSITY FOUNDATION 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 MONTANA STATE UNIVERSITY FOUNDATION ANNEXATION to include, but not limited 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 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 MONTANA STATE UNIVERSITY FOUNDATION ANNEXA TION. 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 MONTANA STATE UNIVERSITY FOUNDATION ANNEXATION to include, but not limited to, any impact fees, hookup, connection, or development charges which may be established by the City. MONTANA STATE UNIVERSITY FOUNDATION ANNEXATION AGREEMENT 4 6. Water Ri!!hts 1111111111111111111111111111111111111111111111111111111 ~~5~~:?~' Shelley Va~oe-Gallatin Co MT MISC 126.00 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 appropriatc fee in lieu thereof, equal to the anticipated average annual consumption of water by residents and/or users of the property when fully developed. The fee may be used to acquire water rights or for improvements to the water system, which would create additional water, supply 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 III accordance with the City's policy according to the following schedule: MONTANA STATE UNIVERSITY FOUNDATION ANNEXATION, consisting of a total of 43.85 acres, prior to filing of any final subdivision plat or final site plan approval, whichever occurs first that will create additional subdivision lots or developr.nentproposal~ Should the Landowner create additional subdivision lots with further subdivision of said property, the Landowner shall provide sufficient water rights or cash-in-lieu as calculated by the City in accordance with its policy at the time of calculation. The Landowner further undcrstands 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!!n 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 availablc 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. MONT ANA STATE UNIVERSITY FOUNDA nON ANNEXA TlON AGREEMENT 5 I 1111111111111111111111 1111111111111111111 111111111 1111 , 2077892 Palle: 6 of 21 0B/16/2002 02:4BP 126.00 8. Future Development Limitations Shelley Vanoe-Gallatin Co MT MISC Landowner understands and agrees that substantial limitations for growth exist in the wastewater 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 the Landowner to develop any of the MONTANA STATE UNIVERSITY FOUNDATION 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 MONTANA STATE UNIVERSITY FOUNDATION ANNEXATION. 9. Stormwater Master Plan Landowner understands and agrees that a Storm water Master Plan for the MONTANA STATE UNIVERSITY FOUNDATION 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 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 stormwater detention/retention basin and discharge structure details, basin sizing calculations, and stormwater 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 of the annexed property. MONTANA STATE UNIVERSITY FOUNDATION ANNEXATION AGREEMENT 6 1111111111111111111111111111111111111111111111111111111 ~~;~}r:?~ 11. Shelley Vanee-Gallati~ Co MT MISC Waiver of Ri2ht-to-Protest Special Improvement Districts 126.00 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: 1) Street improvements, including paving, curb, gutter, and sidewalk to City street standards, and storm drainage facilities, and any associated traffic signals for the following streets: a) Fowler Lane, b) West College Street, and c) West Garfield Street, and 2) trunk sewer main system improvements. Said Waivers are attached hereto as Exhibit "A" and Exhibit "B", and arc 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 ofthe 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 tiling of any final plat or site plan review or issuance of a building permit on the parcel(s). 13. Ri2ht-of-Wav/Easement for Future Roadwavs Landowner has dedicated, by written easement, the following land to the City of Bozeman for right-of-way purposes, which represent Landowner's proportionate share of the necessary right-of-way, Said easement will be filed with the Gallatin County Clerk and Recorder at the time this Annexaiton Agreement is tiled. MONTANA STATE UNIVERSITY FOUNDATION ANNEXATION AGREEMENT 7 111111111111111111111111111111111111111111111111111111I 2077892 Page: 8 of 21 08/15/2002 02:48P 126.00 a) 100 feet for Fowler Avenue Shelley Vanoe-Gallatin Co MT MISC 14. 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. It: 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 of this 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. MONTANA STATE UNIVERSITY FOUNDATION ANNEXATION AGREEMENT 8 2077892 Palle: 9 of 21 08/16/2002 02:48P Shelley Vanoe-Gallat1n Co MT MISC 126,00 Landowners further understand and agree that any improvements, either on~ or otI-site, necessary 111111111111 111111111111111111111111111111 111111111 I11I to provide connection of Annexation Tracts to municipal services which are wholly attributable to the property are "project related improvements" as defined in Chapter 3.24, Bozeman Municipal Code, or as amended, and as such, are not eligible for impact fee credits. If 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 ofthe 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 ofthis 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. 15. Affordable Housinl! Having recognized the City's concern for affordable housing, the Landowner understands and agrees that prior to such submittal of a preliminary plat application for all or any portion of the subject property, the future developer shall develop an "Affordable I-lousing Implementation Plan", subject to consideration, review and approval by the City of Bozeman. Should the "Affordable Housing Implementation Plan" be deemed applicable, said Plan shall guarantee that a certain percent of the total number of housing units to be developed shall be managed and maintained as affordable in accordance with guidelines established by the City of Bozeman. 16. Prol!ressive Urban Desil!n The Landowner understands that with annexation of said property it is the intent of the Landowner and City that future development will comply with the goals and policies of the Bozeman MONTANA STATE UNIVERSITY FOUNDATION ANNEXATION AGREEMENT 9 /111111111111111111111111111111111111111111111111111111 ~~.?l.;~'~~P Shelley Vanoe-Gallatin Co MT MISC 126.00 2020 Community Plan. 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, the Landowner understands and agrees that prior to submittal of a preliminary plat application for all or any portion of the property, the future developer shall implement a Master Plan of the land use patterns and types for development of the property, subject to review and approval by the City of Bozeman. 17. 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 MONTANA STATE UNIVERSITY FOUNDATION ANNEXATION. The parties further agree that the City may file these documents at any time. 18. Governinl! Law and Venue This agreement shall be construed under and governed by the laws of the 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. 19. Attornev's Fees In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement, then the prevailing party shall be entitled to reasonable attorney's fees and costs, to include the salary and costs of in-house counsel including City Attorney. 20. Waiver 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 shaH be deemed waived by either party unless waived in writing. MONT ANA STATE UNIVERSITY FOUNDATION ANNEXATION AGREEMENT 10 1111111 11111 11111111111111111111 III1III 1111111111111111 ~~?;~~,r.~ Shelley Va~oe-Gallati~ Co MT MISC 126.00 . 21. Invalid Provision The invalidity or unenforceability of any provision of this agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 22. Modifications or Alterations No modifications or amendment of this Agreement shall be valid unless evidenced by a writing signed by the patties hereto. 23. No Assienment It is expressly agreed that the Landowner shall not assign this Agreement in whole or in part without prior wriuen consent of the City. 24. Successors This Agreement shall be binding upon, inure to the benefit of and be enforceable hy the partics hereto and their respective heirs, successors and assigns. 25. Covenants to Run with the Land The partics intend that the terms of this Agreement shall be covenants running with the land and shall not expire at their deaths or upon transfer of ownership of the property. The undersigned Landowner affirms that they have authority to enter into this Agrcement on bchalf of their corporation, and to bind the corporation to this Agreement IN WITNESS WHEREOF, the parties hereto have caused this agreement to be exccuted the day and year first above written. LANDOWNER 1) tUt(:! J , cXi ~"-- By DA VID l~'. GIBSON President and Executive Director MONTANA STATE UNIVERSITY FOUNDATION MONTANA STATE UNIVERSITY FOUNDATION ANNEXATION AGREEMENT 11 111111111111 1111111111111111111'1111111111 111II1 "'1111 ~~?J.~!:~p Shelley Va~oe-Gallatin Co MT MISC 126.00 ST A TE OF MONT ANA ) :ss COUNTY OF GALLATIN ) On this 11'ifL.- day of ,2002, before me, a Notary Public for the State of Montana, personall appear d David F. Gibson, President and Executive Director, Montana State University Foundation, 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 said Montana State University Foundation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (Notarial Seal) . r < ' ~we;( ~ud;t;- "" Notary Public for the State of Montana. Residing: ~~~tV Commission Expires: /IJ/3/t1d-,;J00.3 , , ~-._",,"," MONTANA STATE UNIVERSITY FOUNDATION ANNEXATION AGREEMENT 12 , . //1111/1111/1/111/11//111/11111111111111/111/11111/1111 ~~?l.~~~p Shelley Vano.-Gallati~ Co MT MISC 128.00 . CITY OF BOZEMAN ==,~---~-_._._- By: CLARK V. JOHNSON, City Manager ATTEST: , r?4_jd~ Clerk of the City Commission ,."" STATE OF MONTANA ) :ss COUNTY OF GALLATIN On this z1~ day of ~':1 ' 2002, before me, a Notary Public for the state of Montana, personally appeared Clark V. Johnson and Roblll Sulhvan, 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, J have hereunto set my hand and affixed my official seal the day and year first above written. (Notarial Seal) / Notary Publieor Montana. Residing: /bo~ Commission Expires:~J 'Z-OO'L "~~-,. . '"4. .....,', .",," '~-,. _............I..(",.J ,r',.,f'; MONTANA STATE UNIVERSITY FOUNDATION ANNEXATION AGREEMENT 13 MONTANA STATE UNIVERSITY FOUNDA nON ANNEXATION AGREEMENT 14 ,', 111111111111111111111111111111111111111111111111111 1111 ~~;3!.~,~~p Shelley Vanoe-Gallatin Co MT MISC EXHIBIT "A" 126.00 WAIVER OF RIGHT -TO-PROTEST CREA nON OF SPECIAL IMPROVEMENT DISTRICT FOR A CITY-WIDE PARK MAINTENANCE DISTRICT MONTANA STATE UNIVERSITY FOUNDATION ANNEXATION TRACT Thc 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 bcing dcscribed as a tract of land for annexation purposes, located in the northwest quarter of the northwest quarter of Section 14, and the northeast quarter of the northeast quartcr of Section 15, Township 2 South, Range 5 East, P.M.M., Gallatin County Montana, and being more particularly described as follows: Commencing at the northwest corner of said Section 14; thence along the north line of said Section 14, North 89022'47" East a distance of 1347.23 feet to the north sixteenth corner of the northwest quarter of said Section 14; thence along the west line of the cast half of the northwest quarter of said Section 14, also bcing the Bozeman City Limits per Commission Resolution No. 1360, South 00011'42" East a distance of 44.95 feet, to the true point of beginning. Thence continuing along said west line South 00011'42" East a distance of 1285.25 feet, to the southwest corner of the northeast quarter of the northwest quarter of said Section 14; thence along the north sixteenth I ine of said Section 14, South 89031 '43" West a distance of 1345.59 feet to thc north sixteenth corner common to said Sections 14 & 15,said comer also being the southeast corner of Tract B of Certificate of Survey No. 1243 as filed with the Gallatin County Clerk and Recorder; thence along the east line and northerly line of said Tract B the following two courses, North 00015'53" West a distance of 608.73 feet; thence South 83056'16" West a distance of 337.11 feet; thence along the casterly line of Tract A-I-A-I of Certificate of Survey No. 1243C as filcd with the Gallatin County Clerk and Recorder, North 00018'19" West a distance of 686.94 feet to a point on a non-tangent curve to the left on the southerly right of way line of U.S. Highway No. 191, said curve having a radius of 5810.74 feet, a central anglc of 00 42'25", and a chord bearing of South 89038'51" East and a chord distance of 71.70 feet; thence along said curve an arc length of 71. 70 feet; thence along said right of way the following five courses, South 89059'55" East a distance of 57.69 feet; thence North 89059'58" East a distance of 896.87 feet; thence South 75057'50" East a distance of 82.46 feet; thcncc North 89059'26" East a distance of 60.16 feet to a point on a non-tangent curvc to the left, said curve having a radius of 2381.83 feet, a central angle of 12031 '23 ", and a chord bearing of North 83044'15" East and a chord distance of 519.95 feet; thence along said curve an arc length of 520.59 fect to the true point of beginning. Said tract of land containing 43.85 acres, more or less, along with and subject to all easements. IN CONSIDERATION of receiving approval for annexation of thc 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 1111111111111111111111111111111111111111111111111111111 ~~~3l?0~~P Shelley Vanoe-Gallati~ Co MT MISC 126.00 hereby waive for itself, it's successors and assigns, the right to protest the creation of one or more special improvement districts for maintenance 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 of the corporation, provided however this waiver shall apply to all 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 patties hereto. DATED this J f1! day of ~ ' 2002. LANDOWNER f)auid J. ~h&--- By DA VID F. GIBSON President and Executive Director MONT ANA STATE UNIVERSITY FOUNDATION STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this J ~t!J. day of ~ ' 2002, before me, a Notary Public for the State of Montana, personally appeared David F. Gibson, President and Executive Director, Montana State University Foundation, 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 said Montana State University Foundation. Notary Public for the State of Montana. Residing: ~~-1~rJ " Commission Expires:JJ../-! ~/B=3';>tJ()3 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. "\';,\ ."> t'~6~~lt~Seal) . n\:..~. '.>0 1'" .>" :.';....,..."./y ""-' ~ \'.. ".0 ...." (),' OTA .,...... ':. '-:' \\ RI-4I,\.... ~ ~~ l. .....111....... .... \ '('"p:--'. SEA L .... 11- :: '. ~.", :~...........<,-<"'.~ .' :,' (~;..~ t .:0\-\ \.. ..\~,' fJ1111 1\1\\'\ ' J!n;~~..,dtbtl- MONTANA STATE UNIVERSITY FOUNDATION ANNEXATION AGREEMENT 15 MONTANA STATE UNIVERSITY FOUNDATION ANNEXATION AGREEMENT 16 . . . 111111111111111111111111111111111111111111111111111111I ~~53l~0~~p . Shelley Vanoe-Gallatin Co MT MISC EXHIBIT "B" 126.00 WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR STREET AND WATER IMPROVEMENTS The undersigned owner of 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 for annexation purposes, located in the northwest quarter of the northwest quarter of Section 14, and the northeast quarter of the northeast quarter of Section 15, Township 2 South, Range 5 East, P.M.M., Gallatin County Montana, and being more particularly described as follows: Commencing at the northwest corner of said Section 14; thence along the north line of said Section 14, North 89022'47" East a distance of 1347.23 feet to the north sixteenth corner of the northwest quarter of said Section 14; thence along the west line of the east half of the northwest quarter of said Section 14, also being the Bozeman City Limits per Commission Resolution No. 1360, South 00011 '42" East a distance of 44.95 feet, to the true point of beginning. Thence continuing along said west line South 00011'42" East a distance of 1285.25 feet, to the southwest corner of the northeast quarter of the northwest quarter of said Section 14; thence along the north sixteenth line of said Section 14, South 89031 '43" West a distance of 1345.59 feet to the north sixteenth corner common to said Sections 14 & 15,said corner also being the southeast corner of Tract B of Certificate of Survey No. 1243 as fi led with the Gallatin County Clerk and Recorder; thence along the east line and northerly line of said Tract B the following two courses, North 00015'53" West a distance of 608.73 feet; thence South 83056'16" West a distance of 337.11 feet; thence along the easterly line of Tract A-I-A-l of Certificate of Survey No. 1243C as filed with the Gallatin County Clerk and Recorder, North 00018'19" West a distance of 686,94 feet to a point on a non-tangent curve to the left on the southerly right of way line of U.S. Highway No. 191, said curve having a radius of 5810.74 feet, a central angle of 00 42'25", and a chord bearing of South 89038'51" East and a chord distance of 71.70 feet; thence along said curve an arc length of 71.70 feet; thence along said right of way the following five courses, South 89059'55" East a distancc of 57.69 feet; thence North 89059'58" East a distance of 896.87 feet; thence South 75057'50" East a distance of 82.46 feet; thence North 89059'26" East a distance of 60.16 feet to a point on a non-tangent curve to the left, said curve having a radius of2381.83 feet, a central angle of 12031'23", and a chord bearing of North 83044'15" East and a chord distance of 519.95 feet; thence along said curve an arc length of 520.59 feet to the true point of beginning. Said tract of land containing 43.85 acres, more or less, along with and subject to all easements. IN CONSIDERATION, of receiving approval for annexation of the subject property from the City of Bozeman, along with the accompanying rights and privileges and for other valuable consideration, the receipt of which is hcreby acknowledged, have waived and do hereby for itself, it's successors and assigns, waive thc right to protest the creation of one or morc special improvement 1111111111111111111111111111111111111111111111111111111 ~.?l~,~~ Shelley Vanoe-Gallatin Co MT MISC 126.00 districts for: J) street improvements, including paving, curb, gutter, and sidewalk to the City street standards, and storm drainage facilities, and any associated traffic signals for the following streets: a) Fowler Lane, b) West College Street, and c) West Garfield Street, and 2) trunk sewer main system improvements, or to make any written protcst 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 propetty. This waiver shall be a covenant running with the land and shall not expire with the dissolution of the corporation, provided however this waivcr shall apply to all lands herein described. The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the successors-in-~~erest and assigns of~thc parties hereto. DATED this I~ day of 9~ ,2002. LANDOWNER j)1Lb-t/ CJ- vd.h~ By DAVID F. GIBSON President and Executive Director MONT ANA STATE UNIVERSITY FOUND A TION MONTANA STATE UNIVERSITY FOUNDATION ANNEXATION AGREEMENT 17 ST A TE OF MONT ANA ) :ss COUNTY OF GALLATIN ) On this I til. day of ,2002, before me, a Notary Public for the State of Montana, pers allyap cared David F. Gibson, President and Executive Director, Montana State University Foundation, known to me to be the person that executed the foregoing Anncxation Agreement, and acknowledged to me that he/she executed the same for and on behalf of said Montana State University Foundation. IN WITNESS WHEREOF, T have hereunto set my hand and affixed my official seal the day and year first above written. (!~c% 0dFti- ,I' , " (Notarial Seal) .... ~ . I "T , "' , - , . ..-.... - Notary Public for the State of Montana. _ ) Residing: ~/yr1.-(,l.../'vL- Commission E pires: / / /13/ e;?003 f " '. ,,'i\t\RI..I..'. r"'. , :. ..,~ . " ".., '. ~~...-.. ~ ~--.: r\ r ,: }" .= >. - ~, "'-'. I ..~~ ,:,' .' .' ,,'