HomeMy WebLinkAbout87- Saccoccia Annexation Agreement
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FILM 99 PAGE 120
SACCOCCIA ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this
28th day
of
September
, 1987, by ana between The City of
Pozeman, a municipaJ rorpoyation with offices at 411 East Main,
Bozeman, Montana 59771-0640, hereinafter referred to as "City"
and Philip Saccoccia, Jr., of 991 EaRt Beach, Pass Christian,
Mississippi 39571, hereinafter referred to as "Landowner."
WHEREAS, Philip Saccoccia, Jr. owns in fee of certain real
property, the "Saccoccia Tract," situated in Gallatin County,
Montana, and more particularly described as follows:
Tract 1 of Certificate of Survey No. 1215, being a
tract of land situated in the NW~ of Section 1,
Township 2 South, Range 5 East, P.M.M., Gallatin
County, Montana.
WHEREAS, the Landowner recognizes that the annexation of the
Saccoccia Tract pursuant to Section 7-2-4301, et seq., M.C.A.,
will entitle the Saccoccia Tract to City services, including
municipal water and sewer service; 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 Landowner wishes to convey to the City certain
water rights or take some equivalent action to provide water and
Rewer service to the Saccoccia Tract; and
WHEREAS, aJl parties recognize that the development
of the Saccoccia Tract will impact North 19th and Baxter Road
Re-route and will require additional public streets for
circulation; and
WHEREAS, the Landowner findsthat this agreement wil!
provide for the most satisfactory and dependable water
supply or service available to furnish water and provide
traffic circulation for development within the Saccoccia Tract; and
WHEREAS, the making and perforrnancp cf thip agreement
is desirahle to promote the development of the most adequate
water supply and traffic circulation pattern ~or the City as
it now exists and as it is reasonably expected to enlarge;
flL" 99p~GE 121
and
WHEREAS, the Landowner understands and agrees that no
development shall be approved for any of the Saccoccia Tract
until street improvements are made resulting in adequate city
transportation facilities to safely accommodate travel to, from
and within the parcel proposed for development~ and
WHEREAS, the securing of an adequate water supply and
traffic system by the City is necessary 2nd of mutual advantage
to the parties hereto.
WIT N E SSE 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.
/.. Annexation.
The City Commission will annex the Saccoccia Tract
in accordance with its decision on December 29, 1986.
3. Services Provided by City.
Pursuant to Section 7-2-4305(2), M.C.A., and
Commission Resolution No. 2644, the City will, after
annexation, make City services, including water
and sewer, available to the Saccoccia Tract.
4. Municipal Water Se~vice 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, 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
JinFs or construction of necessary improvements
for delivery of water to and within the Saccoccia Tract or
any hook-up, connection, or development charges which may be
established by the City.
5. Municipal Sewer Service Defined.
The term "municipal sewer service" as is used in
-2-
f1U~ 99p,~GE 122
this agreement shall be the servjce which is supplied
by the City in accordance with Chapter 13.24, Bozeman
Municipal Code, 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 for
collection of sewage at and within the Saccoccia Tract or
any hook-up, connection, or development charges which
may be established by the City.
6. Wa terBj.ghts .
The parties acknowledge the following City policy:
Prior to annexation of property, it shall
be the policy of the City of Bozeman to acquire
usable water rights, or an appropriate fee in lieu
thereof, equal to the anticipated average annual
consumption of water by residents and/or users of
the property when fully developed. The fee may be
used to acquire water rights or for improvements
to the water system which would create additional
water supply capacity. Except, however, that for
any annexation in excess of ten (10) acres, this
policy shall be carried out prior to preliminary
plat approval of each development phase.
Section 2, No.4,
Commission Resolution 2532.
The Saccoccia Tract consists of approximately 40.0
acres.
The Landowner understands and agrees that he must
provide sufficient water rights in accordance with the
City's policy prior to final plat approval, final site
plan approval or the issuance of any building permit
for any portion of the Saccoccia Tract, whichever first
occurs. The Landowner shall supply 8uch water rights
or fee in lieu as calcul_ated by the City in accordance
with its policy at the time of calculation. The Landowner
further understands that the City shall calculate average
annual diversion reauirereent necessary to provide water on
the basis of the zoning designation for the property at the
time such calculation is made.
7. Baxter Road Re-Route Road Easement..
Landowner has executed a Public Street Easement,
attached hereto as Exhibit A.
-3-
FlU~ 99fl!l3f 1'2'3
8. North 19th Avenue Easement.
Landowner has executed a Public Street Easement,
attached hereto as Exhibit B.
9. .eouth~nl Boundary Road.
Landowner has executed a Public Street Easement
attached hereto as Exhibit C.
10. Waivers of Right to Protest Special Improvement
Districts for Improvements to Street Easements.
The Landowner has executed a Waiver of Right to Protest
Creation of Special Improvement Districts for improve~ents
to the road easements listed in paragraphs 7,8, and 9 of
this annexation agreement, as well as to Oak Street and 11th
Street in the vicinity of this tract as well as land located
in the Perkins, Saccoccia and Tschache Annexation. This
Waiver is attached hereto as Exhibit D.
11. Waiver of Right to Protest Special Improvement
District(s) for Water Trunk Extention.
The Landowner has executed a Waiver of Right to Protest
Creation of Special Improvement Districts for extending the
water trunk line from North 7th Avenue westerly to North
19th Avenue in the Oak Street riaht of way. This Haiver is
attached as Exhibit E.
12. Waiver of Right to Protest Special Improvement
District(s) for Traffic Control Devices at the
Intersection of Oak Street and North Seventh Avenue, and
Durston Road and North 19th Street.
The Landowner executed a Waiver of Right to
Protest Creation of Special Improvement Districts for
the installation of a traffic control device at the
intersection of Oak Street and North Seventh Avenue, and
Durston Road and North lqth Avenue. This Waiver is attached
as Exhibit F.
13. Additional Terms for Road Easements and Waivers.
All parties recognize that these documents must he
filed and af record with the Gallatin County Clerk and
-4-
F1UI\ 99fiGE 124
Recorder prior to the sale of any land within the Parcel by
the Landowner, and the party agrees that the City may file
these documents at any time. In addition to executing the
Easements, the Landowner shall dedicate all public streets
on the final subdivision plat(s).
14. Utility Easements.
The Landowner understands and agrees that utility
easements, 30 feet in width, will be necessary for the
installation and maintenance of water and sewer utility
services to the annexed parcel. The Landowner shall
create such easements in locations agreeable to the
City during the subdivision procedure or planned unit
development procedure but in no event later than the
filing of any final plat or site plan or issuance of a
building permit in the Saccoccia Tract.
15. Governing Law.
This agreement shall be construed according to the
laws of the State of Montana.
16. Invalid Provision.
The invalidity or unenforceability of any provi-
sion 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.
]7. Modifications or Alterations.
No modification or amendment of this agreement
shall be valid unless evidenced by a writing signed
by the parties hereto.
18. No Assignment.
It is expressly agreed that the Landowner shall
not assign this agreement in whole or in part without
prior written consent of the City.
19. Successors.
Except as provided in paragraph 18, this agreement
-5-
F1L ~ 99~~iGt 125
shall, be binding upon, inure to the benefit of and be
enforceable by the parties hereto and their respective
heirs, successors and assigns.
20. 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
\'vri tten.
CITY OF BOZEHAN
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LAND Ol'lNE R
Philip saccoJlJ.;J.
STATE OF ~/';:5/5:;;fIP /
County cf )W/~~5~?/f.,/
On this ,-t?Y day of .5j;;;;"f::;-L-, 298-1, Lefere me, a
Notary Public for the State of /-"-'1 '~-'): i:Y1.:/,' , personally
appeared Philip Saccoccia, Jr., known to me to bA the person
whose name is subscribed to the within instrument and
acknowledged to me that he executed the same.
ss.
IN WITNESS WHEREOF,
aff,il}t~~//fflX official seal
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STATE,,>>n~':F ' MONTANA
hand and
MY (;OMMt~:iiOH l;.XPlRl.;:i $~H, 14, l~l>a
ss.
County of Gallatin
On this 28th day of Septefl!be~t 1987, before me, a
Notary Public for the State of Montana, personally appeared
James E. Wysocki and Robin 1.. Sullivan, known to me to
be the City Manager and Clerk of the City Commission
-6-
FILM 99PAGE 126
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 behnlf of said City.
IN WI'l'NESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year first above
written.
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FILM 99 PAGE 127
PUBLIC STREET EASEMENT
BAXTER ROAD REPOUTE
SACCOCCIA TRACT
Philip Saccoccia, Jr., of 991 East Beach, Pass Christian,
Hississippi, GPANTOR, in consideration of receiving annexation to
the City of Bozeman along with accompanying rights and privileges
and for other and valuable consideration, receipt of which is
acknowledged, grants to The City of Bozeman, a municipal corpor-
ation of the State of Montana, with offices at 411 East Main,
Bozeman, Montana 59771-0640, GRANTEE, a perpetual street and
utility easement for the use of the public, in, through, and
across a strip of land situated in Gallatin County, Montana,
thirty-two and one-half (32~) feet wide on each side of the
centerline to be located on the following described property:
A tract of land located in Section 1, Township 2 South,
Range 5 East, P.M.M., Gallatin County, Montana, and
further described as follows:
Tract 1 of Certificate of Survey No. 1215 as filed and
of record in the office of the Gallatin County Clerk
and Recorder, Montana.
The centerline is more particularly described as follows:
Description
A sixty-five foot wide perpetual street and
utility easement for the use of the public, across a
portion of Tract 1 of Certificate of Survey No. 1215,
situated in the NW ~ of Section 1, T2S, R5E, P.M.M.,
Gallatin County, Montana, and being 32.50 feet each
side fa the following described centerline:
Beginning at the northwest corner of said Section
1, said point also being the northwest corner of said
Tract 1; thence along a 600.00 foot radius curve to the
riqht, the tangent of which bears N89032'38"E, through
a central angle of 32046'03", for an arc length of
343.17 feet; thence S57042'09"E a distance of 1213.50
feet to a point OD the east line of said Tract 1, said
point being the end of said easement, and bearing
S00054'28"W a distance of 556.5~ feet from the
northeast corner of said Tract 1.
The GRANTOR warrants that he is lawfully seized and
possessed of the real property described above, that he has a
lawful right to convey the property, or any part of it, and that
he will forever defend the title to this property against the
claims of all persons.
The GRA1\lTOR further agrees that the GRAN'l'EE may peaceably
Exhibit A Page 1 of 2
flU~ 99 PAGE 128
hold and enjoy the rights and privileges herein granted without
any interruption by the GRANTOR.
The terms, covenants and provisions of this easement shall
extend to and be binding upon the heirs, executors, administrators,
personal representatives, successors, and assigns of the parties
hereto.
DATED this ~~___ day of
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, 1987.
GRANTOR
Philip
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Sacco_ c ,-.11r.
STATE
OF ~ (:'5~)]~ '~
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County of
On the ;:2 y< _ day of :~)J,//~/.e( ~...-/<(_ , 1987, before
me, a Notar~ ~ublic for. the St'ate of .A/'-~''.~'I-;;-'--' , j2J/, __, personally
appeared Phll1p Saccoccla, Jr., known to me to <D~ t.he person
whose name is subscribed to the within instrument and
acknowledged to me that he executed the same.
,',;\\",iliN'I/~FTNESS WHEREOF, I have hereunto set my hand
I):lt~1fk!'JY'fill~".j:he day and year first written above.
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Res dlng at/:7(i!' ,~~/'f'7
My Commission e~ res:
MY COjAM;~:I')i~ &:XNfi,l.:; ~i:.I'1'.14, 19~a
Exhibit A Page 2 of 2
FILM 99 PAGE 129
PUBLIC STREET EASEMENT
NORTH 19TH AVENUE
SACCOCCIA TRACT
Philip Saccoccia, Jr., of 9J] East Beach, Pass Christian,
Mississippi, GRANTORS, in consideration of receiving annexation
to the Citv of Bozeman along with accompanying rights and
privileges and for other and valuable consideration, receipt of
which is acknowledged, grant to The City of Bozeman, a municipal
corporation of the State of Montana, with offices at 411 East
Main, Bozeman, Montana 59771-0640, GRANTEE, a perpetual street
and utility easement for the use of the public, in, through, and
across a strip of land situated in Gallatin County, Montana,
twenty-five (25) feet wide on each side of the centerline to be
located on the following described property:
A tract of land located in Section 1, Township 2 South,
Range 5 East, P.M.M., Gallatin County, Montana, and
further described as follows:
Tract 1 of Certificate of Survey No. J215 as filed and
of record in the office of the Gallatin County Clerk
and Recorder, Montana.
The centerline is more particularly described as follows:
Description
A fifty (50) foot wide perpetual street and utility
easement for the use of the public, across a portion of
Tract 1 of Certificate of Survey No. 1215, situated in
the NW~ of Section 1, T2S, R5E, P. M. ~l., Gallatin County,
Montana, and being 25 feet each side of the following
described centerline~
Beginning at a point on the south line of said
Tract 1, said being S89021'45"E a distance of 25.00
feet from the southwest corner of said Tract 1: thence
N01031'29"E a distance of 1321.62 feet to a point on
the north line of said Tract 1, said point being the
end of said easement.
The GRANTOR warrants that he is lawfully seized and
possessed of the rEal property described above, that he has a
lawful right to convey the property, or any part of it, and that
he will forever defend the title to this property against the
claims of all persons,
Exhibit B, page 1 of 2
fiLM 99 PAGE 130
'Ihe GPANTOR further agrees that the GRANTEE may peaceably
hold ana enjoy the rights and privileges herein granted without
any interruption hy the GRANTOR.
The terms, covenants and provisions of this easement shall
extend to and be binding upon the heirs, executors, administrators,
personal representatives, successors, and assigns of the parties
hereto.
DATED this
:t1 yt
day of
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,
, 1987.
GRANTOR
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Philip Sac' CIa, ~Tr.
STATE OF
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County of
On the ,/(/ dayof:5e '~ff'C-'r--7i kd'- , 1987, before
me, a Notary Public for the St<;.tc of "0-:.S-Y ~T~-'- , personally
appeared Philip Sacccccia, Jr., known to me t6 p the person
whose name is subscribed to the within instrument and
acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my:".~e..n~/t~J4the day and year first written above.
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MY COMMISSIOH EXflRU ~..i'1.14, . ~.....
Exhibit B, page 2 of 2
FilM 99 PAGE 131
PUBLIC STREET EASEMENT
ROAD ON SOUTHERN BOUNDARY
SACCOCCIA TRA.CT
Philip Saccoccia, Jr., of 991 East Beach, Pass Christian,
Hississippi, GRANTOR, in consideration of receiving annexation to
the City of Bozeman along with accompanying rights and privileges
and for other and valuable consideration, receipt of which is
acknowledged, grants to The City of Bozeman, a municipal corpor-
ation of the State of Montana, with offices at 411 East Main,
Bozeman, Montana 59771-0640, GRANTER, a perpetual street and
utility easement for the use of the public, in, through, and
across a strip of land situated in Gallatin County, Montana,
fifteen (15) feet wide on each side of the centerline to be
located on the following described property:
A tract of land located in Section 1, Township 2 South,
Range 5 East, P.M.M., Gallatin County, Montana, and
further described as follows;
Tract 1 of Certificate of Survey No. 1215 as filed and
of record in the office of the Gallatin County Clerk
and Recorder, Montana.
The centerline is more particularly described as follows:
Description
A thirty (30) foot wide perpetual street and
utility easement for the use of the public, across a
portion of Tract 1 of Certificate of Survey No. 1215,
situated in the NW~ of Section 1, T2S, R5E, P.M.M.,
Gallatin County, Montana, and being 15 feet each side
of the following described centerline:
Beginning at a point on the west line of ~aid
Tract 1, said being N01D31'29"E a distance of 11.44
feet from the southwest corner of said Tract 1; thence
S89030'38"E a distance of 572.76 feet; thence along a
294,34 foot radius curve, through a central angle of
17011'10", for an arce length of 88.29 feet, to a point
on the south line of said Tract 1, said point beinq the
end of said easement.
The GRANTOR warrants that he is lawfully seized and
possessed of the real property described above, that he has a
lawful right to convey the property, or any part of it, and that
he will forever defend the title to this property against the
claims of all persons.
Exhibit C, page 1 of 2
hereto.
DATED this ,.;:1, <(
~..." A
j ,,- ,", ,? " -
day ofJ-eff~;-ij" (/c'P
/
, 1987.
FILM 99 PAGE 132
The GRANTOR further agrees that the GRANTEE may peaceably
hold and enjoy the rights and privileges herein granted without
any interruption by the GRANTOR.
The terms, covenants and provisions of this easement shall
extend to and be binding upon the heirs, executors, administrators,
personal representatives, successors, and assigns of the parties
GRANTOR
Philip
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C' . /J
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STATE
OF /Jf.../): {";,,)fr' .
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of~~Y-?/'\.' )
County
On the ,-2V day of ::::
me, a Notary Public for the Sta
appeared Philip Saccoccia, Jr.,
whose Dame is subscribed to the within instrument
acknowledged to me that he executed the same.
, 1987, before
./ , personally
the person
and
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my,seal'on the day and year first written above.
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Exhibit C, page 2 of 2
flU~ 99PAGE 133
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR IMPROVEMENTS TO PORTIONS OF BAXTER ROAD=11TH STREET
REROUTE, NORTH 19TH AVENUE, 'f\:OWl'11 HALF' OF SOUTHERN BOUNDARY
ROAD, AND OAK STREET, SACCOCCYA, TRACT LANDO~!NER
The undersigned, owner of a parcel of real property situated
in the County of Gallatin, State of Montana, and more particularly
described as follows:
Tract 1 of Certificate of Survey No. 1215, being a
tract of land situated in the NW~ of Section 1,
Township 2 South, Range 5 East, P.M.M., Gallatin
County, Montana.
IN CONSIDERATION of receiving annexation approval along with
the accompanying rights and privileges and for other sufficient
independent consideration, to which the undersigned is party, and
in recognition of the impact to Baxter Road-11th Street, North
19th Avenue, Road on the North Half of the Southern Boundary
Road, Oak Street which will be caused by the development of the
above-described property, has waived and does hereby for myself,
my heirs, executors, administrators, personal representatives,
successors and assigns, waive the right to protest the creation
of one or more special improvement districts for improvements to
the portions of t,he following street easements locat.ed cn the
above-described properties:
Baxter Road-11th Street Reroute
North 19th Avenue
North Half of Southern Boundary Road
Oak Street
or to make any written protest against the proposed work
or against the extent or creation of the di.strict to be assessed
in response to a duly passed resolution of intention to create
one or more special improvement districts which ...lOuld include the
above-described property.
This waiver is limited to the costs for the administration,
engineering, inspection and construction in the amount of onp-
half of that for constructing the street (including curbs,
gutters and sidewalks) to local street standards.
This waiver shall be a covenant running with the land and
shall not expire upon my death.
I warrant that I am lawfully seized and possessed of the
real property described above and that I have a lawful right to
Exhibit D, Page 1 of 2
aInhdave h;ze~p;untOabseo-vtemY ~and and affixed
year _lr. wrltten.
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Not~ pub1 ~for Stay,€' of/ll,XI(' /--''5<...~/;#;/
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Residing at~~-""&-B----L~::~~/,('
My Commission e~res: /
FilM 99 PAGE 134
convey the property or any part of it.
The terms, covenants and provisions of this Waiver shall
extend to and be binding upon the heirs, executors, administrators,
personal representatives, successors and assigns of the party
hereto.
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DA,TED thi s - L
~-
day of ~-/~}:1'frP-c'.K-' 1987.
,
LANDOWNER
',~
Philip Saccoccia, Jr/
"I;(,t '/" v--,~.. r 4 d .
STATE OF /17t'--~'jr~' /~"I"/'
County of ~/P'..(,: ~rJ/N ss.
On this:::f~ day of _S~~~ , 1987, before me, a
Notary Public for the State of ., personally
appeared Phi lip Saccoccia, ~Tr., ----the person
whose name is subscribed to the within instrument and
acknowledged to me that he executed the same.
,\\~W"llIj/II' Ifll/
,\,'J'"!Y1i,.-r:~ESS WHFREOF,
.).~..;q~r~'i.~.~eal the day
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MY C()MMI$SION EXPIRES $t.PT, 14, J?/HI
Exhibit D, Page 2 of 2
FILM 99 PAGE 135
WAIVER OF RIGHT TO PROTEST
CRF.ATION OF SPECIAL IMPROVEMENT DISTRICTS
TO F.XTEND WATER TRUNKLINE FROZvl NORTH SEVENTH AVENUE
SACCOCCIA ANNEXATION
The undersigned, owner of a parcel of real property
situated in the County of Gallatin, State of Montana, and
more particularly described as follows:
Tract 1 of Certificate of Survey No. 1215, being a
tract of land situated in the ~~~ of Section 1,
Township 2 South, Range 5 East, P.M.M., Gallatin
County, Montana.
IN CONSIDERATION of receiving annexation approval along with
the accompanying rights and privileges and for other sufficient
independent consideration, to which the undersigned is a party,
and in recognition of the necessity to extend a water trunk line
from North Seventh Avenue to points along Oak Street to connect
too an existing main in t,he vicinity of North 19th Avenue which
will be caused by the de~Te1opment of the above-described property,
has waived and does hereby for myself, my heirs, executors,
administrators, personal representatives, successors and assigns,
waive the right to protest the creation of one or more special
improvement districts for water trunk line improvements or to
make any written protest against the proposed work or against the
extent or creation of the district to be assessed in response to
a duly passed resolution of intention to create one or more special
improvement districts which would include the above-described
property.
This waiver shall be a covenant running with the land and
shall not expire at my death.
I warrant that I am lawfully seized and possessed of the
real property described above and that I have a lawful right to
convey the property or any part of it.
The terJtls, covenants and provisions of this vJaiver shall
extend to and be binding upon my heirs, executors,
administrators, personal
representatives, successors and assigns.
,,'~ / '
da y 0 f c_~t"":p/Tt3t(..J cYP, 1987.
/
DATED this ~;;ff
LANDOWNER
Philip
~
\" )
Saccoc " , ,Tr ~/
/
Exhibit E, Page 1 of 2
~
/i1'1 ~ ..".--<, l :<I A '
STATE OF' L!I ('''.>./ I' / ~ , / /V /
County of ~/,...;;(YJ' ;.J~
On this ;;:; V day
flL~ 99rAGE 136
85.
)
o f ,5j~~'?:}* ,kF;;','-
".
1987, before me, a
Notary Public for the State of /.A1rS--5'fj-:'};-II!,f!~_, personally
appeared Philip Saccoccia, Jr., known to me to be the person
whose name is subscribed to the within instrument and
acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixen
my official seal the day and year first above \"ri tten.
,,\1,"''1111111,
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0' ~~ "!I :Jf:: g
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. ~',:,:' ".~C'iI'j': , ... ~ $
",~ M.'f~" '~1<' ','" ,G 'I'~ " 1)
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'-mtii\itl\1
MY COMMISSION EXPIRES SEPT, 14, 19a8
Exhibit E, Page 2 of 2
~
.,
flU~ 99PAGE 137
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR INSTALLATION OF TRAFFIC CONTHOl. DEVICES
~T THE INTERSECTION OF OAK STPFFT ~ND
NORTH SEVENTH AVENUE AND DURSTON ROAD AND NORTI-T 19TH AVENUE
S~CCOCCIA TRACT ANNEXATION
The undersigned, owner of a parcel of real property situated
in the County of Gallatin, State of Montana, and more particularly
described as follows:
Tract 1 of Certificate of Survey No. 1215, being a
tract of land situated in the NWl.,r of Sect_ion 1, Township
2 South, Range 5 East, P.M.M., Gallatin County, Montana.
IN CONSIDERATION of receiving annexat_ion approval along with
the accompanying rights and privileges and for other sufficient
independent consideration, to which the undersigned is a party,
and in recognition of the impact to the intersection of Oak
Street_ and North Seventh Avenue, and Durston Hoad an North 19th
Avenue which will be caused by the development of the above-
described property, has waived and does hereby for myself, my
heirs, executors, administrators, personal representatives,
successors and assigns, waive the right to protest the creation
of one or more special improvement districts for installation of
traffic control devices at the intersection of Oak Street and
North Seventh Avenue, and Durston Road and North 19th Avenue or
to make any written protest against the proposed work or against
the extent or creation of the district to be assessed in response
to a duly passed resolution of intention to create one or more
special improvenlent districts which would include the above-
described property.
This waiver is limited to the 3.14% of the costs for the
administration, engineering, inspection and installation of the
traffic control devices. The maximum costs of each intersection
improvement shall not exceed Ninety Thousand Dollars ($90,000.00).
The costs will apply to all assessable land within the Parcel.
Deductions for streets, alleys and public places have been
included within the calculation.
This waiver shall be a covenant running with the land and
shall not expire at my death.
I warrant that I am lawfully seized and possessed of the
Exhibit F, page 1 of ?
~
,.
flLl~ 99 PAGE 138
real property described above and that I have a lawful right to
convey the property or any part of it.
The terms, covenants and provisions of this Waiver shall
extend to and be binding upon my heirs, executors,
administrators, personal
DATED thi s e::t f
representatives, successors and assigns.
c-', J /. / .
day of JC:--;/7-CC;"/T pc-/t:. , 1987.
/
LANDOWNER
Philip
'-\---,~;}.
g-
,'" -.\ -)
SaC- cia0r.
STATE
/?, {" r,,-- 'r-<.~ ( I, .
OF /!l(~ :.- ,> /;
COUIlty of __~-II~/<Yif /A....../
, /'~
On this <f!L day oL_~Pfr7/....#"cC)!;;L, , :!. ~e'7, Defore me, a
Notary publ~c. for the S~ate' of ,,/ '/1':/)--;?':;':-,/..e'.,4L_' personally
appeared Phlllp Saccoccla, Jr., known to fu~to be the person
whose name is subscribed to the within instrument and acknowledged
to me that he executed the same.
ss.
IN WITNESS WHEREOF,
l\ly\'\~'i1~~1 seal the day
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I have hereunto set my hand and affixed
and y~r f:Lrst above written.
//
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177408
State of Mont., County of Gallatin. 55 Filed for record Oc to ber 2nd . D 8 7
at 10, ~;ald Md?~n::w~:"'~'i ':::::dO' 99 By Y:~~~E~~ ~
Rt: City of Bozeman, Attn: Robin $95.00
Exhibit F, page 2 of 2