HomeMy WebLinkAbout97- Valley West Annexation Agreement
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VALLEY WEST
ANNEXATION AGREEMENT
filM 180f!Cf 22
THIS AGREEMENT is made and entered into this 22 n d day of
December , 19~
by and between the CITY OF BOZEMAN, a municipal corporation a~d political subdivision ofthe
State of Montana, with offices at 411 East Main Street, Bozeman, Montana 59771-0640, hereinafter
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referrcd to as "City", and the following property owners, herein after referred to as "Landowners":
NW Ten Corporation, 36 Riverside Drive, Bozeman, MT 59715; East Nine Corporation, 36
Riverside Drive, Bozeman, MT 59715; Burnt Leather Ranch, 36 Riverside Drive, Bozeman, MT
59715; 360 Ranch Corporation, 36 Riverside Drive, Bozeman, MT 59715; Mobile Nine Corporation,
36 Riverside Drive, Bozeman, MT 59715; Montana Ranch Properties, Inc. 36 Riverside Drive,
Bozeman, NIT 59715; David F. Norton, 8459 Huffine Lane, Bozeman, MT 59718; R&D Holdings,
9205 Galaxia Way NE, Alburquerque, NM 87111; Joseph C. and Susan P. Billion, #1 Auto Plaza
Drive, Bozeman, MT 59718; Billion Family Partnership, #1 Auto Plaza Drive, Bozeman, MT 59718;
and Allan Grcgory Morris, d.b.a. Executive Automotive Detail, 195 Competition Drive, Bozeman,
MT 59718.
WITNESSETH:
WHEREAS, Landowners are owners in fee of certain tracts of real property, hereinafter
referred to as "The V alley West Annexation Tract", situated in Gallatin County, Montana, and more
particularly described as follows:
The NW'i4 of Section 10 (143.58 acres), owned byNW Ten Corporation;
The NE'i4NE'i4 of Section 9 (40.5 acres), owned by East Nine Corporation;
The NW'i4NE'i4 of Section 9 (40.8 acres), owned by Burnt Leather Ranch;
The NE~NW~ of Section 9 (40.5 acres), owned by 360 Ranch corporation;
The SE'i4NE'i4 of Section 9 (40.5 acres), owned by Mobile Nine Corporation;
Thc WIhSE~SE'i4 of Section 9 (18.2 acres), owned by Montana Ranch Properties, Inc.;
all properties located in Township Two (2) South, Range Five (5) East, PMM,
Gallatin County, Montana, as shown on cas 1005; AND Parcel A, cas 1829,
Section 10, Township Two (2) South, Range Five (5) East, PMM, (7 acres), owned
by NW Ten Corporation; AND
The NE~SE~ of Section 9, Township Two (2) South, Range Five (5) East, PMM,
Gallatin County, Montana (40.5 acres), owned by David F. Norton; AND
Tract 1, cas 1846, located in Section Ten (10), Township Two (2) South, Range
Five (5) East, PMM? Gallatin County, Montana (49.5 acres) owned by R&D
Holdings; AND
Billion Auto Plaza Subdivision Plat J-180, in its entirety, being 20.0 acres, owned by
Joseph C. Billion and Susan P. Billion, with the exception of Lots 2 and 3, Block 1;
Lot lA, Block 2; and Lots 1 and 3, Block 3, which are owned by the Billion Family
Partnership, and Lot 2, Block 3, which is owned by Allan Gregory Morris, d.b.a.
Executive Automotive Detail.
VALLEY WEST ANNEXATION AGREEMENT
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fiLM 180 FACE 23
WHEREAS, the Landowners have petitioned the City for annexation ofthe contiguous Tract;
and
WHEREAS, the Valley West Annexation Tract 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 ofthis Agreement and M.C.A. Title 7, Chapter 2, Part 43.
WHEREAS, all parties recognize that the annexation of The Valley West Annexation Tract
pursuant to Section 7-2-4301, et seq., M.C.A., will entitle the said Tract to City services, including
municipal water and sewer service, upon their availability; and
WHEREAS, M.C.A. ~7-2-4305 provides that a municipality and landowners can agree to
the provision of services to the area to be annexed; and
WHEREAS, the City's present water distribution and sewer collection systems arc insufficient
to enable it to supply reasonably adequate water and sewer service to the subject properties; and
WHEREAS, the Landowners wish to convey to the City certain water rights or take some
equivalent action to provide water and sewer service to The Valley West Annexation Tract; and
WHEREAS, the Landowners find that this Agreement will providc for the most satisfactory
and dcpendable water and sewer supply or scrvice available to furnish water and sanitary sewer
services and provide traffic circulation for development near and within The Valley West Annexation
Tract~ and
WHEREAS, all parties recognize that the development of The V alley West Annexation Tract
will impaet Durston Road, West Babcock Street, Ferguson Avenue, and Cottonwood Road, and will
require additional public street improvements for traffie circulation; and
WHEREAS, the making and performance of this Agreement is desirable to promote the
development of the most adequate water and sewer supply 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 and sewer 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 of the public health, safety and welfare ofthc community to enter
into and implement this Agreement.
VALLEY WEST ANNEXATION AGREEMENT
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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 Landowners had filed an application for annexation of the Valley West Annexation Tract
with the City. The City, on June 2, 1997, adopted a Resolution ofIntent to Annex the Valley West
Annexation Tract. By execution of this Agreement, the City has manifested its intention to annex thc
Valley West 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 Valley West Annexation Tract to the City. Further, upon the
execution ofthis Agreement, the Landowners shall do all things necessary and propcr to aid and assist
the City in carrying out the terms, conditions and provisions of this Agreemcnt and effectuate the
annexation of the Valley West Annexation Tract to the City.
3. Services Provided.
The City will, upon annexation, make available only existing City services to the cxtend
eurrentlyavailable, including municipal water scrvice, municipal sewer serviee, poliee proteetion, and
fire protection, to The V alley West Annexation Tract, as provided in this Agreement.
4. Municipal Water Service Defined.
The term "municipal water service" as is used in this Agreement shall bc the scrvicc which is
supplied by the City in accordance with Chapter 13.12, Bozeman Munieipal Code, or as may be
amended, as well as any other terms and conditions which apply to the City's provision ofthis service.
The term does not contemplate the extension oflincs or construction of necessary improvements at
any cost to the City for delivery of water to and within The Valley West Annexation Tract. Nothing
in this Agreement shall obligate the City to pay for right-of-way acquisition, engineering,
construction, and/or other costs for the delivery of water to or within the Valley West Annexation
Tract to include, but not limited to, any hook-up, connection, or development charges which are or
may be cstablished by the City.
VALLEY WEST ANNEXATION AGREEMENT
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5. Municipal Sewer Service Defined.
fiLM 180m 25
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, Bozcman Municipal Code, or as may be
amended, as well as any other terms and conditions which apply to the City's provision ofthis service.
The term does not contemplate the extension of lines or construction of necessary improvemcnts at
any cost to the City for collection of sewage at and within The Valley West Annexation Tract.
Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition, engineering,
eonstruetion, and/or other costs for the collection of sewage services to or within the Valley West
Annexation Tract to include, but not limited to, any hookup, connection, or development charges
whieh are or may be established by the City.
6. Water Rights.
The parties acknowledge the following City policy:
Prior to annexation ofproperty, 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 ofthe 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 Valley West Annexation Tract consists of approximately 411 +/ - acres.
Thc Landowners shall provide sufficicnt water rights or cash-in-lieu thereof in accordance
with the City's policy at the time the property is eithcr subdivided or dcvclopcd. The average annual
diversion requirement necessary to providc water to this annexation tract will be determined on the
basis of the existing zoning designation of the property at the time of development.
All parties understand and agree that in order to obtain final plat or final site plan approval,
either water rights or cash-in-lieu thereofmust be provided to the City by the subdivider, landowner,
or developer for all or a portion of The Valley West Annexation Tract.
7. Comprehensive Water and Sewer Design Reoort
Prior to future development of the property, the Landowncrs shall have prepared by a
Professional Engineer, at Landowners' expense, a comprehensive design report evaluating existing
capacity of sewer and water utilities. The report must include hydraulic evaluations of each utility
for both existing and post-development demands, and the report findings must demonstrate adequate
VALLEY WEST ANNEXATION AGREEMENT
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capacity to serve the full development of the land. If adequate water and/or sewer capacity is not
available for full development, the report must identify necessary water system and sewer system
improvements required for full development. The Landowners agree to complete at their own
expense the necessary system improvements to serve the full development.
8. Traffic, Sewer, Water Infrastructure Improvements and Park Land.
Landowners shall provide the following infrastructure improvements on or bcfore
December 31
,1999 :
a) The sewer trunk as proposed in the 1997 Wastewater Facility Plan, as
well as all other sewer mains under the to-he-improved collector and
arterial streets, whieh will include, but not be limited to: l'i4 miles of
trunk from the connection point in the Far West Sewer Trunk to
Durston Road; Ih mile of sewer trunk in Durston Road west of
Ferguson Avenue; Ih mile of sewer trunk in West Babcock Street
between Ferguson Road and Cottonwood Road; and 3/4 mile of
sewer trunk in Cottonwood Road from Durston Road to Billion Auto
Plaza.
b) Water main loop, as proposed in the 1997 Utility Plan Update, as well
as all other water mains under the to-be-improvcd collector and
arterial streets, which will include, but not limited to: Ih mile of water
main in Durston Road west of Ferguson Road to Cottonwood Road;
Ih mile of water main in West Babcock Street between Ferguson
Avenue and Cottonwood Road; and 3/4 mile of water main in
Cottonwood Road from Durston Road to Billion Auto Plaza.
c) Street improvements as follows:
1) Ferguson Avenue, from Durston Road to West
Babcock Street, to a 40-foot city standard width.
Construction will include curb and gutter on both
sides. Sidewalks will be required at the time the
adjacent properties are subdivided and/or developed.
2) West Babcock Street from Ferguson Road to
Cottonwood Road, to a 40- foot city standard width,
including curb and gutter on both sides. Sidewalks will
be required at the time the adjacent properties arc
subdivided and/or developed.
3) Cottonwood Road, from Durston Road south to the
existing pavement, to a 32-foot city standard for the
west lanes of the proposed four lane Cottonwood
Avenue boulevard street. The construction includes
curb and gutter on both sides of Cottonwood Road.
Sidewalks will be required at the time the adjacent
properties are subdivided and!or developed.
4) Durston Road, from the edge of existing pavement to
the western-most park aecess, to a county paved
standard, prior to use of the park as a sports field
eomplex for league or tournament play, unless an
SID/RID has been created and the contract awarded
for the improvements to Durston Road.
VALLEY WEST ANNEXATION AGREEMENT
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5) Maintenance patching on Durston Road, from North
19th Avenue to a point approximately one-half (Yz)
mile west of North 19th Avenue.
d) Evaluation of the status of the existing right of way on Durston Road.
e) Evaluation of existing and potential waiver of rights to protest and
RID/SID on Durston Road.
f) Preparation of a petition to create an RID/SID for road improvements
to Durston Road, including lists of owners, property valuations, etc.
g) Completion ofthe preliminary engineering to determine improvement
budget for the creation of an RID/SID for Durston Road
improvements including the Pre-Design Investigation Phase and
Preliminary Design Phase as defined by City's standard Engineering
Services Contract.
Landowners shall complete said improvements in accordance with plans and specifications
approved by the City. Upon execution of this Agrecment, the Landowncrs shall provide City with
a financial guarantee in the form of a Letter of Credit issued by a bank or other financial entity located
in the City of Bozeman, cash in escrow, other form of guarantee as may be deemed aeceptable to the
City, or a combination thereof, payable to the City, and in the amount of 11 0% ofthc engineering and
construction contract amounts for said work. Said method of security shall be valid for a period of
four months beyond the date that said improvements arc to be completed. If eash in escrow is
utilized, the account shall be administered by an Escrow Agent located in the City of Bozeman,
Montana, and escrow instructions must be approved by City.
If the aforementioned improvemcnts are not completed and accepted by the City by
December 31 , 19.22...., the Landowners shall be deemed in default of this Agreement, and the City
may declare, at its option, the financial guarantee to be forfeited to the City, obtain the funds of the
financial guarantee, and thereafter secure the complete construction and inspection of the
improvements with thc financial guarantee. The City may further enforce any other remedy provided
by law.
The Landowners agree to make a charitable donation to the City of forty-two (42) acres for
a public recreational park described in their application as The Bronken Memorial Park.
9. Recovcry of a Portion of Sewer Trunk Construction Costs.
All parties reeognize that Landowner 360 Ranch, Inc. will finance the cntirc sewer trunk,
water main, and street improvements outlined in Section 8, above, and that it is reasonable for said
Landowner to recover a portion of the sewer trunk design and construction costs. A payback
VALLEY WEST ANNEXATION AGREEMENT
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agreement of a 10 year maximum duration may be established between City and Landowner 360
Ranch, Inc., for the recovery ofa portion of said construction costs from future users of the sewer
trunk. Further, impact fee credits will not be provided to Landowner 360 Ranch, Ine., as described
in Section 19 herein. It is also agreed the City will not participate financially in the construction of
the portion of the proposed sewer trunk capacity being off-site and in excess of the needs for 360
Ranch properties.
10. Waiver of Right- to-Protest Special Improvement Districts
Having recognized City's concern oflong term maintenance costs for the proposed Bronken
Park and the impact development of The Valley West Annexation Tract may have on area streets and
surrounding parks, Landowners have 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, which would provide a meehanism for the fair and equitable assessment
of maintenance costs for such parks, and for street improvements, including paving, curb/gutter,
sidewalk and storm drainage for: a) West Babcock Street; b) DurstonRoad; c) Ferguson Road; and
d) Cottonwood Road; and have further executed a Waiver of Right to Protest Creation of Rural
Improvement Districts for Durston Road. Said Waivers are attached hereto as Exhibits A and B, and
are hereby incorporated in and made a part of this Agreement.
11. Installation of Water Pressure Rcdueing Valves.
Installation of pressure reducing valves may be needed on the to-he-constructed water main.
However, the actual need, locations and pressure settings ofthe valves will not be finalized until the
City's Water Facility Plan is completed. If the City determines the valves are needed, Landowners
agree to purchase and install the pressure reducing valves at Landowners' expense at the time the
water main is constructed.
12. Utility Easements.
Landowners shall grant the City any utility easements that may be neeessary for the installation
and maintenance of water and sewer mains described in Section 8 of this Agreement not located
within the public right-of-way or easement of an existing or proposed street prior to the installation
of such improvements. In particular, the easement for the proposed Cottonwood Trunks shall be
extended all the way south to Huffine Lane (US 191), and an easement for the extension oHhe main
VALLEY WEST ANNEXATION AGREEMENT
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now aligned in Fallon Street shall be granted on the subject property somewhere between Huffine
Lane and Fallon Street at the time the exact locations are identified.
13. Right-of-Way/Easement for Future Roadways.
Landowners have granted by written easement, the following land to the City of Bozeman for
right-of-way purposes. Said easements are attached hereto as Exhibit(s) c - I. which is/are hereby
incorporatcd herein and made a part of this Agreement.
a) Half of a 90-foot right-of-way (45-feet) for the extension of West
Babcock Street from Ferguson Avenue to the west boundary of the
property;
b) Half of a 90-foot right-of-way (45- feet) for Durston Road;
c) 120-feet for Cottonwood Road;
d) Half ofa 100-foot right-of-way (50-feet) for Ferguson Avenue;
e) 65-feet for a future north-south collector centcred in Section 9.
14. Traffie Analysis Report.
Landowners shall provide a detailed Traffic Analysis Report(s) at the time of future
development of any portion ofthe annexed property.
15. Storm water Master Plan.
Landowners understand and agree that a Storm water Master Plan for The Valley Wcst
Annexation Tract for a system designed to remove solids, oils, grease, and other pollutants from the
runoff from the public streets must be provided to and approved by the City Enginecr at the time of
any future development. The master plan must depiet the maximum sized retention/dctention basin
locations and locate and provide easements for adequate drainage ways within the area to transport
runoff to the Storm water receiving channel(s). The plan shall include side grading and elevation
information, typical Storm water detention/retention basin and discharge structure details, basin sizing
calculations, and Storm water facilities maintenance plan.
16. Connection of Billion Auto Plaza Subdivision to Municipal Water and/or Sewer.
Landowners understand and agree that at the time municipal water and/or sewer are availablc
to the Billion Auto Plaza Subdivision, the subdivision shall connect to those services at the Billion
Auto Plaza Subdivision property owner's expense. The parties understand and agree that
modifications ofthe internal water distribution network at the Billion Auto Plaza Subdivision may
be required to bring the system into compliance with City of Bozeman standards before conncction
VALLEY WEST ANNEXATION AGREEMENT
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is made to the City's system. The cost of any such modifications shall be borne by the owner of the
propcrty.
17. Future Development.
Landowners understand and agree that municipal services are not currently available to mueh
of the area proposed for annexation, and that there is no right, either granted or implied by the City,
for the Landowners to develop any of The Valley West Annexation Tract until it is verified by the
City that necessary municipal services, including but not limited to police and fire protection, are
available to all or a portion of The Valley West Annexation Tract.
Landowners further understand and agrec that main sewer lines are best loaded from the down
gradient end up, rather than with light usage generated at the higher end ofthe line, and that in order
to ensure adequate circulation and freshness, water mains are best utilized with a signifieant user at
the end of the line. Therefore, the phasing and timing of any and all infrastructurc improvements and
other development to occur in The Valley West Annexation Tract shall be subjcct to review and
approval by the City to ensure optimal utilization of infrastructure resources to ensure adequate
provision of services that will not create long or short term maintenance problcms for the City.
Landowners understand and agree that they may be rcquired to install and use labor saving
cquipment and/or devices, e.g. automatic read water meters, in all new developmcnt to occur in thc
Tract.
Prior to final plat approval for any subdivision within the Valley West Anncxation Tract
utilizing Durston Road for any access, street improvements to Durston Road shall be completed
unless an SIDIRlD has been created and the contract awarded for improvements to Durston Road.
Landowners further understand that presently the Valley West Annexation Tract is beyond
the City's desired four to six minutes response time from Fire Station No.2, and until the City ean
add additional staff and either relocate existing fire stations or add another station to meet the target
response times, all structures built within the Valley West Annexation Tract, including single family
residences, may be required to be protect cd with automatic fire extinguishing systems.
18. Proposed Gravel Pit Operation.
The partics rccognize that it is the Landowner's intention to extract gravel from a portion of
The Valley West Annexation Tract solely for use during the installation of infrastructure within and
for The Valley West Annexation Tract. The Landowners understand and agrce that any gravel pit
V ALLEY WEST ANNEXA TION AGREEMENT
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operation within The Valley West Annexation Tract shall be subject to Special Temporary Use
permitting procedures as set forth in the Bozeman Municipal Code, in addition to any and all State
and Federal permitting requirements, and that in order to address the impaets of off-site hauling and
neighborhood impacts, the use ofthe gravel pit shall be strictly limited to the produetion of gravels
for construction activities on- and off-site directly related to the development of The Valley West
Annexation Tract.
19. Impact Fees.
Landowners shall pay to the City Fire and Street hnpact Fees for the existing structurcs within
the Billion Auto Plaza Subdivision prior to or at the time of Landowners execution ofthis Agreement.
At the time the existing and/or new structures apply for connection to the City's Water and Sewer
facilities, the Landowners shall pay all Water and Sewer Impact Fees which are due. Landowners
further understand and agree that any improvements, either on- or off-site, necessary to provide
connection of The Valley West Annexation Tract to municipal services which are wholly attributable
to the property are "project related improvements" as defined in the Impact Fee Ordinance, and as
such, are not eligible for impact fee credits.
20. 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 or transfer of ownership of any land within The Valley
West Annexation Tract. The parties agree that the City may file these documents at any time.
21. Governing Law and Venue.
This Agreement shall be construed under and governed by the laws ofthe state of Montana.
In the cvcnt oflitigation concerning this Agreement, venue is in the Eighteenth Judicial District Court,
Gallatin County, State of Montana.
22. Attorney's Fees.
In the event it becomes necessary for either party to this Agreement to retain an attorney to
enforce any ofthe terms or conditions of this Agreement, then the prevailing party shall bc cntitled
to reasonable attorney's fees and costs, to include the salary and costs of in-house eounsel including
City Attorney.
VALLEY WEST ANNEXATION AGREEMENT
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23. Waiver.
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No waiver by either party of any breach of any term, covenant or agrecment shall be deemed
a waiver ofthe same or any subsequent breach ofthis same or any other term, covenant or agreement.
No covenant, term or agreement shall be deemed waived by either party unless waived in writing.
24. Invalid Provision.
The invalidity or unenforceability of any provision ofthis Agreement shall not affcct the other
provisions hereof, and this Agreement shall be construed in all respects as if such invalid or
unenforceable provision were omitted.
25. Modifications or Alterations.
No modification or amendment of this Agreement shall be valid unless cvidcnccd by a writing
signed by the parties hereto.
26. No Assignment.
It is cxpressly agrecd that the Landowner shall not assign this Agreement in whole or in part
without prior written consent of the City.
27. Suceessors.
This Agreement shall be binding upon, inure to the benefit of and be enforccablc by the parties
hereto and their respective heirs, successors and assigns.
28. Covenants to Run with the Land.
The parties intend that the terms of this Agreemcnt shall not expire at thcir deaths or upon
sale or transfer of ownership of the property.
The undersigned Landowners affirm that they havc authority to enter into this Agrecment on
behalf of themselves, their corporations and partnerships, and to bind the undersigned, corporations
or partncrships to this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executcd the
day and year first above written.
V ALLEY WEST ANNEXATION AGREEMENT
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LANDOWNERS filM 180fAt[ 33
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NW TEN ORPORAT ON
ST ATE OF MONTANA)
) ss.
County of Gallatin )
On this//:;V-day of~rIYIJ-..p,.... , 1997, before me the undersigned, a Notary Public for the
State of Montana, personally appeared r10 II y me yt='lCS . known to me to be the
v,'<!..e"-P~:dev\""""i ofNW TEN CORPORATION and th6 person whose name is subscribed to the
within instrument and acknowledged to me that he/she executed the same for and on behalf ofNW
TEN CORPORATION.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal thc day and
year first above written,
.' . (SEAL)
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Notary Publi.i.t the State ofMont~
Residing at ~e mG. 'Il) fYll
My Commission Expires J ll....., ICJ 1
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EAST NIN CORPORATION
..STATE OF MONTANA)
) ss.
County of Gallatin )
On this/h'Yr- day of ~.c'(z>IYI.je(', 1997, before me the undersigned, a Notary Public for the
State of Montana, personally appeared -r(~ I ( V IYh~)/<?~ . known to me to be the
Vj'l'r"J- ~;..-ten"'fOfEAST NINE CORPORAtION and tfie person whose name is subscribed to
the within instrument and acknowledged to me that he/she executed the same for and on behalf of
EAST NINE CORPORATION.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and
year first above written.
(SEAL)
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N tary Publ~e State ofMonta~
Residing at ~ (Y)arf\ /Y) (
My Commission Expires 11/3/6/
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V ALLEY WEST ANNEXATION AGREEMENT
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BURNT~ERRANCH
STATE OF MONTANA)
) ss.
County of Gallatin )
On this L:i do- day of ~@ m .tiel' . ~)2' before me _tile nndersigned, a Notary Public for the
State of Montana, personally appeared ~ I' 1<!2 -Vc:"":' AS. ,known to me to be the
Va-~'d:2n--C-ofBURNT LEATHER R..A.NCH and the1Jerson whose name is subscribed to
the within instrument and acknowledged to me that he/she executed the same for and on behalf of
BURNT LEATHER RANCH.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and
year first above written.
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Notary Public for the State ofMont~a
Residing at ~(y):::U\~ m I
My Commission Expires it /3./0 I
~m~
360 RANCH ORPO~TION
STATE OF MONTANA)
) ss.
County of Gallatin )
On this ,[;!t=:.day of~.~r/l.~f'. 199 , before me thc undersigned, a Notary Public for the
State of Montana, personally appeared I ( r.:: , known to me to be the
v,~ -~:d.evrlof360 RANCH CORPORA ION and the person whose name is subscribed to
the within instrument and acknowledged to me that he/she executed the same for and on behalf of360
RANCH CORPORATION.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and
year first above written.
~fll rf2. IU~,
(SEAL) No ary Public for the State of Montana
,~~"""",. '. Residing at ~~mcJJ\ ~
,,' .I~~~~~ M~ Commission Expires II }:s ( CJ t
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VALLEY WEST ANNEXATION AGREEMENT
PAGE 13
'\ ! l I\.
nt ~ 18000 J5
~ /l2,~
MOBILE NIN ORPORATION
STATE OF MONT ANA)
) ss.
County of Gallatin )
On this /b-r/t- day of&~f(/ b:=1' . 1997, before me t e undersigned, a Notary Public for the
State of Montana, personally appeared II <e r...s known to me to be the
thte--Perz;./.J.enTofMOBILE NINE CORPO TION and he person whosc name is subscribed
to the within instrument and acknowledged to me that he/she executed the same for and on behalf of
MOBILE NINE CORPORATION.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and
year first above written.
~ff.I /'II. f2d,4',~ ,
'""...t~FAL) . No ~I?' pUb~ State of Montana
""".l~l'l:~~I~"I!"",, Resldmg at o1a.tf) ~ l'f2T
:; ."......:...... .;ij;F........N/);,.\.. ...My Commission Expires H /d/O/
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MONTAN NCHP OPERTIES,INC.
STATE OF MONTANA)
) ss.
County of Gallatin )
On this 16"r.:A-day of ~m~r--, 1997, beforc me the undersigned, a Notary Public for the
State of Montana, personally appeared 4,,/(,) ~I(? r-s . known to me to be the
~ d.eV'L"T-- of MONT ANA RANCH PR6PERTIE:S, me., and the person whose name is
subscribed to the within instrument and acknowledged to me that he/she executed thc same for and
on behalf of MONT ANA RANCH PROPERTIES, me.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and
year first above written.
cY~dl_ ffJ. I7d~ "
(SEAL) Notary Public for the State of Montana
Residing at ~ mCi.n. /Yl.T
~l~m"'ff. J
.:t-,1j,~lNI1:t'",.. My Commission Expires i I jd 10 /
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V ALLEY WEST ANNEXATION AGREEMENT
PAGE 14
. .
, I " \
f:1iL~ 180fAtl
36
.....
.~~ ~il/~i/
R&D HOLDINGS
STATE OF f\l EL.J t4. iE~:cc.. T) )
) SS.
County of I6iE.RNAI-.II..LO )
On this Ji!:day ofL'J6.L6ui3Ef2-, 1997, before me the undersigncd, a Notary Public for the
State of N EIA/ ,ME:JOz a, personally appeared 0,0 v:rD ~. L~..:.r;4~':1 known to mc to
be the I.:?EI'JEAf.k M4-R:rtIJF...A ofR & D HOLDINGS and the person whose name is subscribed
to the within instrument and acknowledged to me that he/she exccuted the same for and on behalf of
R & D HOLDINGS.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and
ycar first above written.
(
~. .."~ ~.,.?.." o!,. "'./.
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E: V i#.;ti.~O :'.\ . Resldmg at It I It>I.l f{ iJ t' rq u e.
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VALLEY WEST ANNEXATION AGREEMENT
PAGE 15
I ,
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HL ~ 18000.37
; f (/ r /3ciKrt--
STATE OF MONTANA)
) ss.
County of Gallatin )
On this --11- day of OC'(' f' IV! J)( ~- . 1997, before me the undersigned, a Notary Public for the
State of Montana, personally appeared JOSEPH C. BILLION AND SUSAN P. BILLION, known
to me to be the persons whose names are subscribed to thc within instrument and acknowledged to
mc that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and
year first above written.
/ t.. '~-J
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,//"Q t~~~t.~~'i ,~: __,'-I ;t'~... J
,:.;I'.';~. iiS.'.~AL.' . .).. .~~ Public'" f% the State of Montana
J.\ I Slb,Al- ~. Resldmg at /-50(. , hl <-I r)
~i,. ; .::,;" ..~ri':f(,": My Commission Expires 3." ( -3.,;;:1-0 oc)
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B LLION FAMILY PARTNERSHIP
STATE OF MONT ANA)
) ss.
County of Gallatin )
On this -..LL day of ON ,0 n. /)1" r , 1997, before me the undersigned, a Notary Public for the
Statc of Montana, personally appeared Joe Billion , known to me to bc the
General Partner of BILLION FAMILY PARTNERSHIP and the person whose name is
subscribed to the within instrument and acknowledgcd to me that he/she cxecuted the same for and
on behalf of BILLION FAMILY PARTNERSHIP.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal thc day and
P':,~, ~"'~!';:r'a~mve written. 7
1.,'t;Jf ,~ .,_
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y~,O.. (s~)". '(.No -"~i:; PU~icJ~or the State of Montana
(,0', S.~E A ,_ ~esiding a~ I?I) (: {-' rrl. &~" _
.A, '. ~",., .. ..; My ComnnsslOn Exprres -i.. I 3-,~ U 0 {)
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VALLEY WEST ANNEXATION AGREEMENT
PAGE 16
. ,
\, I I ~J
, .
f1l~ tS01lt! 38
t:7/L h,,~ ~_'
ALLAN GREGO mUs
dba EXECUTIVE AUTOMOTIVE DETAIL
ST ATE OF MONTANA)
) ss.
County of Gallatin )
On this ~ day of 4.A!E."JL~/ . 1997, before me the undersigned, a Notary Public for the
State of Montana, personally appeared ALLAN GREGORY MORRIS, known to me to be the
(3'}1U:..4.) of EXECUTIVE AUTOMOTIVE DETAIL and the person whosc name is
subscribed to the within instrument and acknowledged to me that he executed the same for and on
behalf of EXECUTIVE AUTOMOTIVE DETAIL.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and
year first above written.
., ~-'
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~; \ .\\'~'\ .:'ejiding at...... :Y!'77ta-rL/
'. .~I": <. >~ Commission xpires / 1..1(,. jqr
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V ALLEY WEST ANNEXATION AGREEMENT
PAGE 17
, .
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.,
f'tL~ 180ffmJ3
'p~<,7~1YL~ ,
DAVIDF.NORT N -
STATE OF MONTANA)
) ss.
County of Gallatin )
On this ~ay of~. 1997, before me the undersigned, a Notary Public for the
State of Montana, personally appeared David F. Norton, 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 affixed my Notarial Seal the day and
year first above written.
c\t/Vl~~dL m. /?d~.
(SEAL} N6tary Public or the State ofMontan~
,. Residing at IY7. t
",\,"111''',,,,,;.,, C '" I
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\' ~'~;, - '~04.VJtt .'. CITY OF BOZEMAN
"" .~ '....'~..;.I...i.t. '~;,.:~~. . ,
."." 1"A"'~~,.",~~.t.'~ ~v
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By: Clark Johnson, City Manager
~EST:
(/~JL/~~
Clerk of the City Commission
STATE.oFMONTANA )
:ss
County of Gallatin )
On the :J..f;( day of ~, 1997, before me, a Notary Public for the Statc of
Montana, personally appeared Clark Johnson and Robin L. Sullivan, known to me to be the persons
described in and who executed the foregoing instrument as City Manager and Clerk of the City
Commission respectively, of the City of Bozeman, whose names are subscribed to the within
instrument and acknowledged to me that they executed the same for and on behalf of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first
.,)~tten above.
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"';""1 h';.' r"- \'
Notary Public for the State of ntana
Residing at Bozeman, Montana
My Commission Expires: lo ~ dA9~
V ALLEY WEST ANNEXATION AGREEMENT
PAGE 18
, ,
'\' ' "
EXHIBIT "A"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
VALLEY WEST ANNEXATION TRACT
fl1 ~ 160mI
40
We, the undersigned owners of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
The NW'i4 of Section 10 (143.5 8 acres), owned by NW Ten Corporation;
The NE'i4NE'i4 of Section 9 (40.5 acres), owncd by East Nine Corporation;
The'NW'i4NEY4 of Section 9 (40.8 acres), owned by Burnt Leather Ranch;
The NEY4NWY-. of Section 9 (40.5 acres), owned by 360 Ranch corporation;
The SE'i4NEY-. of Section 9 (40.5 acres), owned by Mobile Nine Corporation;
The WIhSEY-.SE~ of Section 9 (18.2 acres), owned by Montana Ranch Properties; Inc.;
all properties located in Township Two (2) South, Range Five (5) East, PMM,
Gallatin County, Montana, as shown on cas 1005; AND Parcel A, cas 1829,
Section 9, Township Two (2) South, Range Five (5) East, PMM, Gallatin County,
Montana, (7 acres), owned byNW Ten Corporation; AND
The NE'i4SE'i4 of Section 9, Township Two (2) South, Range Five (5) East, PMM,
Gallatin County, Montana (40.5 acres), owned by David F. Norton; AND
Tract 1, cas 1846, located in Section Ten (10), Township Two (2) South, Range
Five (5) East, PMM, Gallatin County, Montana (49.5 acres) owned by R&D
Holdings; AND
Billion Auto Plaza Subdivision Plat J-180, in its entirety, being 20.0 acres, owned by
Joseph C. Billion and Susan P. Billion, with the exception of Lots 2 and 3, Block 1;
Lot lA, Block 2; and Lots 1 and 3, Block 3, which are owned by the Billion Family
Partnership, and Lot 2, Block 3, which is owned by Allan Gregory Morris, d.b.a.
Executive Automotive Detail.
IN CONSIDERATION ofrcceiving approval for annexation of the subject property to the
City of Bozeman, along with accompanying rights and privileges and for other and valuable
consideration, the receipt of which is hereby acknowledged, in recognition of the impacts on traffic,
parks, and the need for municipal sewer and water services that will be a result ofthc dcve10pment
of the above-described property, have waived and do hereby waive for ourselves, our hcirs, personal
representatives, successors and assigns, the right to protest the creation of one or morc speeial
improvement district for: 1) a Special Improvement Maintenance District for the maintcnancc of any
parks within the annexed area or of a City-wide Park Maintenance District; and 2) street
improvements, including paving, curb/gutter, sidewalk, and storm drainage to a) West Babcock
Street; b) Durston Road; c) Ferguson Road; and d) Cottonwood Road.
VALLEY WEST ANNEXATION AGREEMENT
PAGE 19
, ,
.., I I '\1
. ,
" fll~ 180fM! 41
In the event Special Improvement Districts are not utilized for the completion of these
projects, we agree to participate in an alternate financing method for completion of said
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 combination thereof
We further waive our right to make any written protest against the proposed work or against
the extent or creation of the districts 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.
We warrant that we are lawfully seized and possessed ofthe real property described above
and that we have a lawful right to convey the property or any part of it.
DATED this /~day of ~M J.-.e,f' . 1997.
LANDOWNERS
~~--
NW TEN ORPO TION
STATE OF MONTANA)
) ss.
County of Gallatin )
On this Ib'".Y=.day of..l"Ft:1<.O fY).fY!:?I' . 1997, before me the undersigned, a Notary Public for the
State of Montana, personally appeared7{f?' lIt fY'k I/c::> rc:::. . known to mc to be the
V~ --Prcec:;.~T-ofNWTEN CORPORATI Nand the'person whose name is subscribed to the
within instrument and acknowledged to me that he/she executed the same for and on behalf ofNW
TEN CORPORATION.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and
year first above written.
(SEAL)
c#:.~4. In I2~J
N tary PublIc for the State of Montana
Residing at ~t:- f'YI0J. ('). /VI r
My Commission Expires II 1>=5. J CJ I
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V ALLEY WEST ANNEXATION AGREEMENT
PAGE 20
, ,
\ '
fl~ 160f.Arl 42
EAST~~~~~
STATE OF MONTANA )
) ss.
County of Gallatin )
On this /6.ti:::day ofJ.:br~mrer-, 1997, before me the undersigned, a Notary Public for the
State of)v1ontana, personally appeared ~J /V fT(<? (<3 (1.S ,known to me to be thc
v'"~-~ic..l~()1"ofEAST NINE CORPORAtION and Hie person whose name is subscribcd to
the within instrument and acknowledged to me that he/she executed the same for and on behalf of
EAST NINE CORPORATION.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and
year first above written.
..'.,',.fL',....~'.F. ~~(1A. IIY). I)~
. .'. ..... ....\.;..~.~b"..... Notary public&;fi the State of Montana
. . "~l .VI'I N O';t~ '. R 'd' t -~ n '^^~
. c,.~'-g\. 'Z- ~.'.. est mg a.. . ., I "-A. I ,'Il
.. ~ ~i.....~. ..1 ..'.r:~)' ~: My ConnmsslOn ExpIres l(/31C) I
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.r~.~~.,/ BURNr L :4.T~;Z;;
STATE OF MONTANA)
) ss.
County of Gallatin )
On this /.6~ day of .J:k,~.iY1J3e 0, 199 , before me the undersigned, a Notary Public for the
State of Montana, personally appeared , known to me to be thc
v'rCC- -...pre~/'de.n'"1OfBURNT LEATHER CH and th person whose name is subscribed to
the within instrument and acknowledged to me that he/she executed the same for and on behalf of
BURNT LEATHER RANCH.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and
year frrst above written.
~~db& m. /2oc1~)
"",\'\lIS~i~~ i~:~:~~li~;~~~o~1
,:/' .'.' ~.:,t~.....~tv~..., My Commission Expires tllc...3.16 I
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V ALL/i;Y WEST ANNEXATION AGREEMENT
PAGE 21
, ,
. \ '
STATE OF MONTANA)
) ss.
County of Gallatin )
On this 16C1'-day of~€rf1 be r-. 199 , before me the undersigned, a Notary Public for thc
State of Montana, personally appeared ( I known to me to be the
Vk'e -fns.s;J.eolOf360 RANCH CORPORA ION and the person whose name is subscribcd to
the within instrument and acknowledged to me that he/she executed the same for and on behalf of360
RANCH CORPORATION.
~'U! 180r~~ 43
360 RANC O~TION
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal thc day and
.'.~' lld'tr,'!f,,!!:st above written.
;"'ll '., /J
/,~_:,....!~~~...~~~'~',~\,,~ "t ~ (() _/ (J2~~ )
,/ ~.''r ,/j~Yfl,. .10, ~~.~." ."\ Not~ Public for the State of Montana
f;' ffJ :,t"4 ~r~~. Resldmg at ~fna. 1\\ /Y7T
:;~.~ \ \t:~... ~ / i". My Commission Expires / /1<-.<' /<:::JI
:. ~_". . " .. Co 7 I
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"".".;;t:;;..~.."., MOBILE N COR ~TION
STATE OF MONTANA)
) ss.
County of Gallatin )
On this ~ay of~tY)jflr . 1997, efore me th undersigned, a Notary Public for thc
State of Montana, personally appeared ~ ~ known to me to be thc
Y~e-f?e.s1..L-vrr of MOBILE NINE CORPO~ ION and he person whose namc is subscribed
to the within instrument and acknowledged to me that he/she executed the same for and on behalf of
MOBILE NINE CORPORATION.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and
year first above written.
lOt;;. .
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Not Publ~e State of Montana
Residing at . e rf}<:i.1)
My Commission Expires l t/3! CJ I
-----.
PERTIES,INC.
STATE OF MONT ANA)
) ss.
County of Gallatin )
On this 16IA-day o~r:::...(Yl:te.f'. 1997, before me e undersigned, a Notary Public for the
State of Montana, personally appeared ICs , known to mc to be thc
Pre:s ,'derlt. of MONT ANA RANCH PR PERTIES, me. and thc person whosc name is
subseribed to the within instrument and acknowledged to me that he/she executed the same for and
on behalf of MONTANA RANCH PROPERTIES, INC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and
~*~ first above written.
",." . "'"
\,,\'\, i.1 Al ~"'I,
,~~\ , ~ Ulh "V,t. '~.:~"., ~ Y _- -LJ_ rVl ,n /1._
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/'':;/~&.'~ A.a~."... ~ Notary ~bli~t.ie ofMont.na .
; i SEA'=L("rl" Resldmg at ~ n7..a..f)
,.\.~\'" . '.j' My Commission Expires II (<3.(C'J I
. 1St,>.. ..... . ..... ,....
'1;. ........... t:'
I:' ofV)f/ft'k{WEST ANNEXATION AGREEMENT PAGE 22
ftl~ 180M
l) .-~;L-/#
R&D HOLDINGS
44
, .
I \ I I ' I,
STATE OF NEt0 fVlclcrc.o )
) ss.
County of (OlEfl-.t\lAt...Xt-I-o )
On this 1..:::2-+taayof U.l=Zj::ffl6.r1<.. . 1997, before me the undersigned, a Notary Public for the
State of f'U5....? vl1 EX:;ZLL? . personally appeared f':) A-VL i..~ ~. L.... IT/ / IA4'\ . known
to me to be the bern>n...1 f'~...r of R & D HOLDINGS and the person whose name is
subscribed to the within instrument and acknowledged to me that he/she executed the same for and
on behalf ofR & D HOLDINGS.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and
year first above written.
,..4.... . .. ~" f
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.~,.. 2),,- .......4t.~.,.C' '
. IS O~ \~ ,0'
r . "i
f{ "'.'-tr' \
fJJ(uli)
Notary Public f9f the State of . "t
Residing at -fjJ 'Ou(tutJfq 11 e
My Commission Expires "3.;J,.,'J,. -(X)
VALLEY WEST ANNEXATION AGREEMENT
PAGE 23
. .
, ,
, ,
nl~ .~~~ 45
~.~~(i(,~~
,os PH . B~ION . -
~L4<Ln_ .~r Vl;tPll..CYJ'V
SUSAN P. BILLION
STATE OF MONTANA)
) ss.
County of Gallatin )
On this -.lL day of Q, ( {o II L J.J(' --. 1997, before me the undersigned, a Notary Public for the
State of Montana, personally appeared JOSEPH C. BILLION AND SUSAN P. BILLION, known
to me to be the persons whose names are subscribed to the within instrument and acknowledged to
me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and
year first above written.
\~'~Ff4
o " .1;
V Q\' ,If,,,,, ..... ',./
I ~ (SEA't:) ,( Not Publicfor the State of Montana
.,' ~, S 8. At ":- siding a~ (?C' L (-' ~h Pi t-,
(~\"'" -: My ComnnsslOn ExpIres 3 -;;3 -J 00 ( )
""I~ ;,. ,"
. /',~", l' r
\. ----....'
STATE OF MONTANA)
) ss.
County of Gallatin )
On this -1L day of ,0(, c,'" I) l l:>( r . 1997, before me the undersigned, a Notary Public for the
State of Montana, personally appeared Joe Billion , known to me to be the
GE'neral Partnerof BILLION FAMILY PARTNERSHIP and the person whose name is
subscribed to the within instrument and acknowledged to me that he/she executed the same for and
on behalf of BILLION FAMILY PARTNERSHIP.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and
year first above written.
,/?
O \-\ lb'. " /' . /"
.. ". ..'~"'; .~, ..-/ r- ~7 .
v ".~'. ....,.L;. '...--+. / _
..O~sJlft)"'.\p-oi~'PUbliC ~rthe State of Montana
:Y Resldmg at l-s"z,- Pi or II
,~~~~,~r./~MY Commission Expires ?--/5.2 {} O()
, ). . ..... . .... ...'.. ""
,~" . ,,"\
. .,'''0' ,
; \
V ALLEY WEST ANNEXATION AGREEMENT
PAGE 24
I \ I ' ~
fft~ 180fA<< 46
~L..- ~ fL.:.
ALLAN GREGORY ~S
dba EXECUTIVE AUTOMOTIVE DETAIL
STATE OF MONTANA)
) ss.
County of Gallatin )
On this /:;- day of /t.eL~t.) . 1997, before me the undersigned, a Notary Public for the
Staty-pf Montana, personally appeared ALLAN GREGORY MORRIS, known to me to be the
~""-JLe..I'f-) of EXECUTIVE AUTOMOTIVE DET AlL and the person whose namc is
subscribed to the within instrument and acknowledged to me that he executed the same for and on
behalf of EXECUTIVE AUTOMOTIVE DET AlL.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and
year first above written. /4 l.. bJ
",.",~;:"""..H'...'.""",,, '. ~;<,.c~ A....-:::>.dd....d.L.:~- .J "
".' \;~~~,fb "". _ ~ ----- ~---
.' ~. .' ..~1 ' ,. ~~ /. o-~
.t./ .~~~ ......., 'Notary Public for e Sta e 0 ontana
o} (~) .....if!'\~";:;~ v ~..Residing at, #7L.J
at ..~.,-,,':- ...
\;.... "'.' ^. v 'My Comnusslon xprres ~
". puv '
I. '::', ~',.
II'..
I, r,~ 7' ;.... ~,
, t:. J
~
V ALLEY WEST ANNEXATION AGREEMENT
PAGE 25
, I
, ,
Hl~ 160M
'Jo~) ~~,
DAVID F. NORT N
,47
STATE OF MONTANA)
) ss.
County of Gallatin )
On this ,k)"'*day of j]('J/,o~J.f2./L.-. 1997, before me the undersigned, a Notary Public for the
State of Montana, personally appeared David F. Norton, known to me to be the person whose name
is subscnbed 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 Notarial Seal the day and
year first above written.
c:l-~A 1Y7- /?d~
(SEAL) Notary Public for the State of Montana
Residing at ~ (Yl-r
,,,>lIl/), My Commission E~ires /(e7U. ~ -JdJ/
1'\11 \ ~ ".j I. ,
. .,.,'., LINe"
.' ...~. ..'. ' ,'-tJ. .,
: ,,~i'~-- ,N,O 'iI...... 4r ",
~ l ~ ,,)' ......
:::t,.. ~."...,.~._.
...... Ii 11'~' " ,"" T' ".jJ/C.Jl
-f :"-';i - \ co i I'T\
rf1 .:,"",%,0, ''':,} I: ~.
:.f'l..~,.'i>..... ". ..... ; r-
~ ~ I"r-.V ~"^:' (:
...,..:....:.. i. :~.,." ' .~\'
0/,,,.,.,. '-'.ut""
,.'ANA
VALLEY WEST ANNEXATIONAGREEMENT
PAGE 26
\ I
, ,
EXHIBIT "B" fll~ 180fACE
WAIVER OF RIGHT TO PROTEST
CREATION OF RURAL IMPROVEMENT DISTRICTS
VALLEY WEST ANNEXATION TRACT
48
We, the undersigned owners of the real property situated in the County of Gallatin, State of
Montana, and more particularly descnbed as follows:
TheNW'i4 of Section 10 (143.58 acres), owned byNW Ten Corporation;
The NE'i4NE~ of Section 9 (40.5 acres), owned by East Nine Corporation;
The NW'i4NE'i4 of Section 9 (40. 8 acres), owned by Burnt Leather Ranch;
The NE'i4NW'i4 of Section 9 (40.5 acres), owned by 360 Ranch corporation;
The SE'i4NEY4 of Section 9 (40.5 acres), owned by Mobile Nine Corporation;
The W~SE~SE~ of Section 9 (18.2 acres), owned by Montana Ranch Properties, Inc.;
all properties located in Township Two (2) South, Range Five (5) East, PMM,
Gallatin County, Montana, as shown on cas 1005; AND Parcel A, cas 1829,
Section 9, Township Two (2) South, Range Five (5) East, (7 acrcs), owned by NW
T en Corporation; AND
The NE~SE~ of Section 9, Township Two (2) South, Range Five (5) East, PMM,
Gallatin County, Montana (40.5 acres), owned by David F. Norton; AND
Tract 1, cas 1846, located in Section Ten (10), Township Two (2) South, Range
Five (5) East, PMM, Gallatin County, Montana (49.5 acres) owned by R&D
Holdings; AND
Billion Auto Plaza Subdivision Plat J-180, in its entirety, being 20.0 acres, owned by
Joseph C. Billion and Susan P. Billion, with the exception of Lots 2 and 3, Block 1;
Lot lA, Block 2; and Lots 1 and 3, Block 3, which are owned by the Billion Family
Partnership, and Lot 2, Block 3, which is owned by Allan Gregory Morris, d.b.a.
Executive Automotive Detail.
IN CONSIDERATION of receiving approval for annexation of the subjeet property to the
City of Bozeman, along with accompanying rights and privileges and for othcr and valuable
consideration, the receipt of which is hereby acknowledged, do hcreby waive, for ourselves, our heirs,
personal representatives, successors and assigns, the right to protest creation of Rural Improvcment
Districts. In doing so, we do not waive any right to comment on, protest, and/or appeal any
assessment formula which may be proposed ifwe believe it to be inequitable.
This waiver shall be a covenant running with the land and shall not expire.
We warrant that we are lawfully seized and possessed of the real property described above
and that we have a lawful right to convey the property or any part of it.
VALLEY WEST ANNEXA TION AGREEMENT
PAGE 27
. ,
'\
, .
DATED this 16..Ib-dayof ~~UYl ~f'; 1997.
Ht M 180 fACE 49
LANDOWNERS
~YJ7r
NWTENCO ORATI N
STATE OF MONTANA)
) 55.
County of Gallatin )
On this 16-p.-day of~~,~ f' , 1997 before me the undersigned, a Notary Public for the
State of Montana, personally appeared n, known to me to be the
V;r-..e.-R-e:s, ~()-r-ofNW TEN CORPORATIO and the erson whose name is subscribed to the
within instrument and acknowledged to me that he/she executed the same for and on behalf ofNW
TEN CORPORATION.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Scal the day and
year first above written.
......;.\....'...1."'" ~ /f) ~
" ,'T " tti',
4 LINDA I.,. _'
. ,....'.~.O).k.'*!'.\ i Not~ Publi~the State of Montana
Ct: ~. ''', . "V \~ '\ Resldmg at ~ ma /)
~ t.v;:?- " -a \ t: My Commission Expires J I ! ~ /0 J
'"1 ~ .. ~..... .);:.. : &.I
") ", .. {;;. '" .: ('\
....(\ ..... ~., ..... ,'"
<;.,.....41.........1"..
" i)''-
'.Jl" t,
EAST~~;;;;
STATE OF MONT ANA)
) ss.
County of Gallatin )
On this 16-a::,. day of ~ m i:x::..f....., 1997, before me the undersigned, a Notary Public for the
State of Montana, personally appeared -rI.<!2.-1 t V 1f2.<!;; V~AS , known to mc to be the
\!ltr:. -Pf1S5,'d~EAST NINE CORPORATIbN and tht'person whose name is subscribed to
the within instrument and acknowledged to me that he/she executed the same for and on behalf of
EAST NINE CORPORATION.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and
year :first above written.
.. ~. m- !(~~
!.~~~.T ) No ary Public for the State of Montana
.~I~~~ .. ~
"\"'M";~ ~ Resldmg at oJ ~e I'na,f\
~,'~~~9~>;'~ :::..~~~"\ My Commission Expires Ii 1___::0:. 10 I
., ~~ .' J/l A 0 '. U'......". I I
.' '" /~ \ , (/;;--.. ':':f,!
,~v "Jft\."..
:'~ ('1\
\ SEAU)
'.. ,..
<flj; .... ..... "
"" '" . ~... . . ~ - . I . '" ' \ .
, /' ,-: .
. 'or- L~C.'
V ALLEY WEST ANNEXATION AGREEMENT
PAGE 28
~llM 180fAtl 50
~m___
BURNTLE ER~CH
STATE OF MONTANA)
) ss.
County of Gallatin )
On this /tcJ- day of ~fY\ k (' . 1997 before me he undersigned, a Notary Public for the
State of)vfontana, personally appeared L r.: known to me to be the
lIfcc-,--He:s ;.JeiNOfBURNT LEATHER Hand th person whose name is subscribed to
the within instrument and acknowledged to me that he/she executed the same for and on behalf of
BURNT LEATHER RANCH.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and
year first above written.
:...~~~~~)
.. / N.Q~.",.... ',' ",
,&".,." '"
~, . ',I' , -<'7 ..:\.00
~ ~ ~'It " ,':~i."<. ':,w} 'i ~
.,',';: ",iL\ ) ~/j~, ",. ,I'"
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..... \ '" ~""'" 'r-.. " ()
....' ill ~'.'" ' .. .
~ "'~'\", ". .';:>'
',. ,....'11.........
~... 0., ,to.
;.'l),,,,/",,,- '. ~.t I"..
" j" /'!/ A
~~~/{L /2~
Notary Publi~State of Montana
Residing at IY'tJt IJ
My Commission Expires t t /<::-~ 1c4 J
I f I
" . , , I ~ ~
~~~
360 RANC ORPO TION
STATE OF MONTANA)
) ss.
County of Gallatin )
On this ~ay ofA€ft2 I:~J'. 1997,. before me th undersigned, a Notary Public for the
State 0 Montana, personally appeared . ( A..S. ,known to mc to be thc
tI.i - · e of360 RANCH CORPORATI and the erson whose namc is subscribed to
the within instrument and acknowledgcd to me that he/she executed the samc for and on bchalf of360
RANCH CORPORATION.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and
year first above written.
~~(/J_ /f2~ 1I""p1~
(SEAL) Notary Public Wr the State of Montana
Residing at ~ ma.. f)
My Commission Expires 11/ g /6 I
{ (
-1/,
: ,I ,r' :~":
....',
.,. I
..u*, '"",, .
,,'t, T', M ".,'
;,.'p. . N": ,
" ~' .........t/$""t Ji '" .
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." ....;....r.. \ r\! /..:: <.) /'
, . 'OJ *'" ' ....
::,~ 'tr'. ",,'
(. SEj~L )
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. , . . , . , , ~ ~ .
V ALLEY WEST ANNEXATION AGREEMENT
PAGE 29
, \.
flU~ 180~C! 51
~ h1"'-<-'
MOBILENI CORPORATION
STATE OF MONTANA)
) ss.
County of Gallatin )
On this ~ay of ~~ f' . 1997, before me t e undersigned, a Notary Publie for the
State ~ntana, personally appeared JC::S known to me to be the
Vn-- M.€t^tofMOBILE NINE CORPO nON and he person whose name is subscribed
to the within instrument and acknowledged to me that he/she executed the same for and on behalf of
MOBILE NINE CORPORATION.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and
year first above written.
..... . ~~oIal~ /Y? U~
.....~<t!Jf~:.. ~~:~:~~l~t~~ontana
..'" NO}.... :?! Me" E' I J '=::> '........ L
,~) .. ../jy....,l..." .... Of . Y ommlsslon xprres I It '---~ /<-/
-.1 : v.~..~., :"'. ~~ ~ . , ,
J..:.." ,f.r:fT'
M:" ~ I' ~J [":
.~"'...".c^:. I!aOJ_ .
. ~o~;.;;;....... MO~;;~~-;;;TIES'INC.
STATE OF MONTANA)
) ss.
County of Gallatin )
On this 11i!aay otfk.(:yn,rer. 1997 bet; re me t undersigned, a Notary Public for the
S~te of Montana, personally appeared ~ known to me to be the
~1'deY)(- of MONT ANA RANCH PRO ERTIES, C., and the person whose name is
subscribed to the within instrument and acknowledged to me that he/she executed the same for and
on behalf of MONT ANA RANCH PROPERTIES, INC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and
year first above written.
(SEAL)
0/t/)(~ IlL ~.
Notary Public for the State of Montana
Residing at ~e..' rY):::Lf)
My Commission Expires l (/~/("')/
I I
,\ ltHJtn"tt'II/,
,. M "',
:. 'tl ~ , . J1I ~,.
,\..\. ..I......~.I. ,~( ~"A'.
":....0 1" A~""" cP -.
.--" /; 0
: '"':::" ,11\ ~ ;
:SE. .'i,~ t
.....\. \,. ~ .ll"~:). :
"~"'.. ,.,...,.,'" .,...~'.. . ..
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VALLEY WEST ANNEXA TIONA GREEMENT
PAGE 30
~
. ,
f1t~ 180~cr 52
'<1
D~ ~LJ~/
R&D HOLDINGS
STATE OF rV j?(.) fVt EJl:.I'c_o )
) ss.
County of ID/E.f1...II1;'4t...rl...,-r;> )
On this dday of /).cL~A5 A.. . 1997, before me the undersigned, a Notary Public for the
Statc of /lJEt.,/ tt.1~j(rCL;>. personally appeared -0 Av....:ril ~- iA""'..zu.rA~::>known to me
to be thc(1- j:::;.YVE;fl-.J4L fAAn.,.,.. ofR & D HOLDINGS and the person whose name is subscribed
to the within instrument and acknowledged to me that he/she executed the same for and on behalf of
R & D HOLDINGS.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and
year first above written.
1........'lf,
I'"' A" .~~;
.' \,. I" \.~ ..... . '. .
~,~....~ .........-..;1\( "\ .'."
,.':>'..~,'i\\J.I~..! '. 1
.}/~04...~~('J'\O ~ /' 4.6-::1
j \'~'1i~ I' \ Notary Pu~li~ for the. State o! Nt'w . }'-(16
. ('I"..+.:PV~''''', My ConumssIon ExpIres ).J..)..O
":" t.:~.....:..~'!II~IlI"'",..C!I_"~:~ ,\
.::- ""~ ':-'
VALLEY WEST ANNEXA TIONA GREEMENT PAGE 31
~.
,.
. ,
,
, ,
,
. ,.
f1U1 18000:53
~/ (J( IctJvtt,
STATE OF MONTANA)
) ss.
County of Gallatin )
On this --LL day of /Jf(t'ln'l hfj/" . 1997, before me the undersigned, a Notary Public for the
State of Montana, personally appeared JOSEPH C. BILLION AND SUSAN P. BILLION, known
to me to be the persons whose names are subscribed to the within instrument and acknowledged to
me that he/she executed the same,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and
year fIrst above written.
i ' ~
ST ATE OF MONT ANA)
) ss.
County of Gallatin )
On this -.LL day of t)'("f Y>'1 hpr . 1997, before me the undersigned, a Notary Public for the
State of Montana, personally appeared .Tnp. Billion , known to me to be the
General Partner of BILLION FAMILY PARTNERSHIP and the person whose name is
subseribed to the within instrument and acknowledged to me that he/she executed the samc for and
on behalf of BILLION FAMILY PARTNERSHIP.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and
year first above written.
, '/
..'-J /~.
'.;i/!,'/
/ (...........
...H.....". ~/__.,..:: I
v._,~~~.. . i"~J;Jt~ Public f9r t~e St,ate of Montana
. - .... I.~ Resldmg at {?l/ l YY1" \
My Commission ExpiresY- ( -j-",.,) Go ()
VALLEY WEST ANNEXA TION AGREEMENT
PAGE 32
,
.
~.. .,..
f1t~ 180M 54
(J/L~ h #t~
ALLAN GREGORY ToRiIs
dba EXECUTIVE AUTOMOTIVE DETAIL
STATE OF MONTANA)
) ss.
County of Gallatin )
On this ~ day of JlJd~c7Jekj , 1997, before me the undersigned, a Notary Public for the
Stat of Montana, personally appeared ALLAN GREGORY MORRIS, known to me to be thc
-d-t<l7Lek/ of EXECUTIVE AUTOMOTIVE DETAIL and the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same for and on
behalf of EXECUTIVE AUTOMOTIVE DETAIL.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and
year first above written.
~) /-
, / cp
,.,....'. '..1""".." /W/l'7tCd/~.' ~
..,' t::SS '" ;{-~ ,-
,.,.' \.~..,...~!t """ '-- ~ ~ '.. . ....
~'9';.:~:;t' '. '... \ .\.00,., ""'~~ ~
cf.....~~~i\A\Not~ Public fo e State of ontana
0'( :-..C!. , ~ #0 . e" ::z EResldmg at '-NUt'~ f...J
\." p ,JC ,," /f:( ::My Commission EXpires
", ;', .,t;;
l~ . . ~ .
I -J r ~ t~ l"
~
V ALLEY WEST ANNEXATION AGREEMENT
PAGE 33
, .
,
. ,
flLM 180 f~t[ 55
~~ ~~)
DAVID F. NORTON
STATE OF MONT ANA)
) ss.
County of Gallatin )
On this 8~ day of~ 1997, before me the undersigned, a Notary Public for the
State of Montana, personally appeared David F. Norton, 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 affixed my Notarial Seal the day and
year first above written.
~1tl- ilL I?-,,~
(SEAL) Notary Public or the State of Montana
Residing at
My Commission
.., ~,t ~"1'~', : '~ . ~ ..,~.
,It ':~ 1.." tv ~
.,,:~ "'~,1,' J ,,1i"J
" \. i,~'t! iA~' <
., ^ ,'" .................... "wr.~ ~,
. " :-;I, .,"! ~l .'.: ' ' .
. "'. "',.,4 w ^.,. , Od... ;-
. .b...,........' ''''0 .~' r '".
....:' ..,..."""",.., ~~,
. _7 t."'U~"""""'i,, or.;."'-'
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o : .r f L.(IolI> .'J" I. .'
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VALLEY WEST ANNEXATION AGREEMENT
PAGE 34
j ,
EXHIBIT "c" fft~ 160M 56
PUBLIC STREET EASEMENT
VALLEY WEST ANNEXATION TRACT
NW TEN CORPORATION, GRANTOR, in consideration of $1.00 and for other and valuable
considerations, receipt of which is acknowledged, grants to the City of Bozeman, a municipal
corporation of the State of Montana, with offices at 411 East Main, Bozeman, Montana 59771-
0640, GRANTEE, its successors and assigns, a perpetual street and utility easement for the use of
NW TEN CORPORATION
Page -1-
the public, in, through, and across four (4) strips of land situated in Gallatin County, Montana. The
first being two thousand two hundred fifty two and five tenths (2,252.50) feet by sixty (60.00) feet
wide and eontinuing on another four hundred eight feet (408.00) by forty five (45) feet wide
(Cottonwood Road); the second being a strip of land two thousand six hundred thirty eight and sixty
four hundredths (2,638.64) feet, less the north line of cas 985 (600.00') and the north line of cas
1829 (633,65'), by forty five (45.00) feet wide (Durston Road); the third being a strip of land two
thousand six hundred sixty five and nine tenths (2,665.90) feet by fifty (50.00) feet wide (Ferguson
Road); and the fourth being a strip of land two thousand six hundred sixty seven and ninety two
hundredths (2,667.92) feet by forty five (45.00) feet wide (Babcock Street), all to be located on the
following described real property:
A portion of the northwest one-quarter of Section 10 in Township Two (2) South, Range
Five (5) East, PMM, Gallatin County, MT., as shown in cas 1005.
The easement is more particularly described on the attached Exhibits "A" and "B", which
by this reference are made a part hereof.
The GRANTOR states that they possess the real property described above and that they have
"
j ,
a lawful right to grant an easement thereon.
f1l ~ 180 f~t[ 57
The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy the rights
and privileges herein granted without any intermption 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
/6~
day of December, 1997.
NW TEN CORPORATION
By ~ >>1'1-----
GRAN R
CORPORA TE
STATE OF MONT ANA )
)ss.
County of Gallatin )
On this 16~day of December, 1997, before me the undersigned, a Notary Public for the
State of Montana, personally appeared, KELLY l\1EYERS, known to me to be the Vice President
of NW TEN CORPORATION and the person whose name is subscribed to the within instmment
and acknowledged to me that he executed the within instmment for and on behalf of NW TEN
CORPORATION.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first written,
,"........h,.;
~,~ ~,. ~.'..,.'"
,\"ti. f'\., ";;,.
'tti.... .y..... ~~
::'.. .... 'i.~. .... .-r.. .. ''bi,.'. ." <\P... --..
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:' "'SE"" - ':
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. ~ \.::"",", ,0' .f
l".(' ......~ . .~,. ,::
NW'T€~~6RATION
"q1n4,~~i1
~~dl rr(. a/~~
Notary PubliXhe State of Montana
Residing at ~VYJa V?
My Commission Expires ~ II~ /e I
I
Page -2-
',j II
j ,
ACCEPTED:
fllf4 180n,t{ 58
CITY OF BOZEMAN
By: -,.~- _
Clark Johnson
City Manager
ATTEST:
~.z~
Clerk of the Commission
ST A TE OF MONT ANA )
)ss.
County of Gallatin )
On this ::t~ day of ~ c n..".- k.. Cl^- , 19~, before me the undersigned, a Notary
Public for the State of Montana, personally appeared CLARK JOHNSON and ROBIN L.
SULLlV AN, known to me to be the City Manager and Clerk of the Commission, respectively, for
the City of Bozeman and the persons whose names are subscribed to the within instrument, and
acknowledged to me that they executed the same for and on behalf of the City of Bozeman.
\,.~~"'.U'tf.l;
"."" \\S~)"'r,
........ ~l-- \o,t,.""~'. .".f$:' ;...,.......
3 -?Jj, tlt' :' "'. (< '.......
l~.....~~'~R'Al ....,. \
.; {.',6El\L) 1
~, .... ",' ..'......,- i
\. J'... ~',",,/;, .,j ,~. .............
, '.I,. , ".'
'I,;,"'f r ~ _(,I I. ~\I,"
", r, ~ .,'
; t , . " it It . . ~ \ . \'
otary Public for the State of ontana
Residing at ~ '2-Q """',r~,
My Commission Expires - ;)..~ -<1 ~
NW TEN CORPORA nON
Page -3-
I I \
, '
Exhibit 'A'
HUl! 180rm 59
A portion of the northwest one-quarter of Section 10 in Township Two (2) South, Range
Five (5) East, PMM, Gallatin County, MT., as shown in cas 1005.
First Easement Description (Cottonwood Road)
A 60.00 foot wide right-of-way and utility easement, and a 45.00 foot wide right-of-way and
utility easement, both across a portion of said land of cas 1005, laying east of and parallel
with the following described line:
Commencing at the west quarter corner of said section and True Point of Beginning; Thence
along the section line, North 010 06' 05" East, a distance of 2,252.50 feet; Thence West, a
distance of 15 feet; Thence North 01006' 05" East, a distance of 408.00 feet to the end of the
easement, and as shown on Exhibit "B-1" .
The east line of said easement being lengthened or shortened so as to begin at the east-west
mid-section line of said section, and ending at the north line of said section.
Said Tract contains 3.52 acres, more or less.
and
Second Easement Description (Durst on Road)
A 45.00 foot wide right-of-way and utility easement, across a portion of said land of cas
1005, laying south of and parallel with the following described line:
Commencing at the northwest corner of said section and True Point of Beginning; Thence
along the section line, due East, a distance of 645.00 feet to the northeast corner of cas 985,
being the beginning of this easement; Thence due East, a distance of 621.46 feet to the
northwest corner of cas 1829; Thence 633.65 feet to the northeast corner of cas 1829 to
resume the easement; Thence due East, a distance of 738.56 feet to the end of the easement,
and as shown on Exhibit "B-2".
The south line of said easement being lengthened or shortened so as to begin at the east line
of cas 985 and end at the west line of cas 1829; to begin again at the east line of cas 1829
and end at the north-south mid section line of said Section 10.
Said Tract contains 1.40 acres, more or less.
and
Third Easement Description (Ferguson Road)
A 50,00 foot wide right-of-way and utility easement, across a portion of said land of cas
NW TEN CORPORATION
Page -4-
"
, '
, ,
1005, laying west of and parallel with the following described line: fit'! 160rAtl 60
Commencing at the north one-quarter corner of said section and Tnte Point of Beginning;
Thence along the mid section line, South 000 28' 12" West, a distance of 2,665.90 feet to the
end of the easement, and as shown on Exhibit "B-3".
The west line of said easement being lengthened or shortened so as to begin at the north line
of said section, and ending at the east-west mid-section line of said section.
Said Tract contains 3,06 acres, more or less.
and
Fourth Easement Description (Babcock Street)
A 45.00 foot wide right-of-way and utility easement, across a portion of said land of cas
1005, laying north of and parallel with the following described line:
Commencing at the center corner of said section and Tnte Point of Beginning; Thence along
the mid section line, South 890 52' 31" East, a distance of 2,667.92 feet to the end of the
easement, and as shown on Exhibit "B-4".
The north line of said easement being lengthened or shortened so as to begin at the north-
south mid-section line of said section, and ending at the west line of said section.
Said Tract contains 2.76 acres, more or less.
H: \2885\004\EASEMENT\NWTENC.WPD
December 8,1997
NW TEN CORPORATION
Page -5-
I t Il.]
V ALLEY WEST ANNEXATION
NOV, 1997
NW COR
S89046'41"W SEC 104
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~ EASEMENT
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SEC 10
T2S,R5E
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I!XHI81T '81'
COTTONWOOD ROAD EASEMENT
PAGE e
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BY COS 1829
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EXISTING
45' EASEMENT
S OF SEC LINE
BY COS 985
~ EASEMENT
c90MORI\ISON
DO MAIERLE,INC.
.Io......~a..-.i~"'"...
'......1!1~ Imr........ ~1II111m."-'-14lY1-f12t f.l........."
NW TEN CORPORATION
-"
-...
---
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!f~t~ 180~
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NO SCALE
EXHIBIT 'B2'
DURSTON ROAD EASEMENT
PAGE 7
.--
162
J ct \
,
, . , , . \
. .
. , , .~.~~_.,-- ...",",
rru~ 180fM:1 6:]
v ALLEY WEST ANNEXATION
NOV, 1997
P.O.B.
N1/4 COR
DURSTON ROAD SEC 10
WEST :->.3
738.56' . CJ10
0
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0
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........ 0 v~
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Z
v
v 50' W OF
v SEC LINE
.@)
~ EASEMENT CENTER SEC10
T2S, R5E
4
~D ~OHRISON -... NO SCALE
1CII.~1t.
"..... ......... AlERLE,INC, - eXHIBIT 'B3'
--..
fll'lql'" II'ERGU80N ROAD EA8BMENT
1M ""'.....-/JWWtI .",,~
,&...',,, .....-.w ~..m'I"IIN'IIlll*-tIil r..l.w.lIJ. PAGE 8
NW TEN CORPORATION
~ EASEMENT
On MORRISON
dnU MAIERLE,INc.
. ~~ ~~,
~.IL...Ulllt1~M ~1I.1"/2''''''I_!llJ.4J2' f_{III);.t-II'-
NW TEN CORPORATION
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EXHIBIT 'B'"
BABCOCK ROAD EASEMENT
PAGE 9
,
,
EXHIBIT "D" flU~ 180f^Cl 65
PUBLIC STREET EASEMENT
VALLEY WEST ANNEXATION TRACT
EAST NINE CORPORATION, GRANTOR, in consideration of $1.00 and for other and valuable
considerations, receipt of whieh is acknowledged, grants to the City of Bozeman, a municipal
corporation of the State of Montana, with offices at 411 East Main, Bozeman, Montana 5977 I -
0640, GRANTEE, its successors and assigns, a perpetual street and utility easement for the use of
the public, in, through, and across two (2) strips of land situated in Gallatin County, Montana. The
first being one thousand three hundred thirty and twenty five hundredths (1,330.25) feet by sixty
(60.00) feet wide (Cottonwood Road); and the second being a strip of land one thousand three
hundred twenty two (1,322.00) feet by forty five (45.00) feet wide (Durston Road), both to be
located on the following described real property:
A portion of the northeast one-quarter of the northeast one-quarter of Section 9 in
Township Two (2) South, Range Five (5) East, PMM, Gallatin County, MT., as shown
in cas 1005.
The easement is more particularly described on the attached Exhibits "A" and "B", whieh
by this reference are made a part hereof.
The GRANTOR states that they possess the real property described above and that they have
a lawful right to grant an easement thereon.
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
EAST NINE CORPORATION
Page -1-
,
.
filM 180PACf 66
the heirs, executors, administrators, personal representatives, successors, and assigns of the parties
hereto.
DATED this /6 J:::J= day of December, 1997.
EAST NINE CORPORATION
By:
~V11-----
GRANT . (
CORPORA TE
ST ATE OF MONT ANA )
)ss.
County of Gallatin )
On this 1~11:::.day of December, 1997, before me the undersigned, a Notary Public for the
State of Montana, personally appeared, KELLY J\1EYERS, known to me to be the Vice President
of EAST NINE CORPORATION and the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the within instrument for and on behalf of EAST NINE
CORPORATION.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first written.
(SEAL)
~~_ 1'/ IL/~
, \".r\~ t ~ ~,j
.' L1tv,A
...~........ , '-'~
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Ar.'<V.~ ' "-.?,,.
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{'... "" .....' .'i:.
/ /f ..."'M...... ......
,f/It .
Notary Publ~the State of Montana
Residing at Zc:::-.1YK1.. V)
My Commission Expires lll-3./CJI
I (
,., ...'
EAST NINE CORPORATION
Page -2-
,
.
ACCEPTED:
CITY OF BOZEMAN
fll~ 180PACf 67
\
<By:
, \
~,. ~ .
. '~.. .-,
Clark Johnson
City Manager
ATTEST:
(it J~
C erk of the CommlSSlOn
STATE OF MONTANA )
)ss.
County of Gallatin )
On this ~;:) day of ~ll .. 0 ___ \.0.,,, , 19S1-, before me the undersigned, a Notary
-
Public for the State of Montana, personally appeared CLARK JOHNSON and ROBIN L.
S ULLIV AN, known to me to be the City Manager and Clerk of the Commission, respectively, for
the City of Bozeman and the persons whose names are subscribed to the within instrument, and
acknowledged to me that they executed the same for and on behalf of the City of Bozeman.
,~,\'\'Htf~hi' ,
.,.,\ ",(Si; )""
.....'.. ~ ..,.. ~, ~tI""t...
,'",r,." "', <; "
~.to", . (,
f~v /'~~\~RtAL \'" \
, \..St.!)..1..~."C)
.~ .
> :,.~~\'
.'
~aJ\ ~
Notary Public for the State ofM ntana
Residing at '-:SO? Q..~
My Commission Expires 10 w~~ -9 "
EAST NINE CORPORATION
Page -3-
Exhibit 'A'
fflM 1S0rAn 68
.
.
I
A portion of the northeast one-quarter of the northeast one-quarter of Section 9 in Township
Two (2) South, Range Five (5) East, PMM, Gallatin County, MT., as shown in cas 1005.
First Easement Description (Cottonwood Road)
The east line of a 60.00 foot wide right-of~way and utility easement, across a portion of said
land of cas 1005, laying west of and parallel with the following described line:
Commencing at the northeast quarter corner of said section and True Point of Beginning;
thence along the section line, South 01006' 05" West, a distance of 1,330.25 feet to the end of
the easement, and as shown on Exhibit "B-1".
The west line of said easement being lengthened or shortened so as to begin at the north line
of said section, and ending at the south line of the northeast quarter of the northeast quarter
of said Section 9.
Said Tract contains 1.83 acres, more or less.
and
Second Easement Description (Durston Road)
A 45.00 foot wide right-of.way and utility easement, across a portion of said land of cas
1005, laying south of and parallel with the following described line:
Commencing at the northeast corner of said section and True Point of Beginning; thence
along the section line, South 890 46' 41" West, a distance of 1,322.00 feet to the end ofthe
easement, and as shown on Exhibit "B-2".
The south line of said easement being lengthened or shortened so as to begin at the east line
of said section, and ending at the west line of the northeast quarter of the northeast quarter of
said Section 9.
Said Tract contains 1.37 acres, more or less.
H: \2885\004\EASEMENT\E9CORP. WPD
December 8, 1997
EAST NINE CORPORATION
Page -4-
~~"7~.
P,
,
.
flL~ 180~N.l 69
V ALLEY WEST ANNEXATION
NOV, 1997
P.O.B.
NE COR
S89046'41"W SEC 94 "\(). 3 DURSTON RD
1322.00' 9 ";:I 10
--r
........
..-
W
WCJ:lL.()
zorr.
--rWif)
":;::. if) C\J
W f-
Z
N88051'56"E
1319.45'
W1/4 COR
SEC 10
T2S,R5E
~ EASEMENT
EJOMORRISON
Dca . MAIERLE,INc.
.tIio.....~"'--"'~JIII....
o
....,..
...."'"
-
--..
....,...
NO SCALE
EXHIBIT 'B1'
COTTONWOOD ROAD EASEMENT
PAGE (;
EAST NINE CORPORA nON
'A."11i11111~N ~_.1l'I'''-(~liP-tll:1 r_lilllWl.''''
.
.
HL~ .1~O~~~i1fJ
V ALLEY WEST ANNEXATION
NOV, 1997
45' South of
Sec Line -
~
miD
1.0 CD
;'-0
o'<t
o (')
0....
(/)
~I
~ 1-
(1)10
I.OCQ
;.-10
o
o '<t
....(')
0.....
(j)
~ EASEMENT
~n MORRISON
drjCJ ~~~~l~,c.
--
--
--
...-..
~'....
~... "'" Ijj~ .1 '......... ~ 111.1'71 ,,,*,* lal.llt-lm ,. I. 111'-11"
EAST NINE CORPORATION
P,O.B,
NE COR
SEC 9
S89046'41VW 4 r~3
1322.00' 9 10
DURSTON RD ~
9
CD
o
o
.....
o
z
NE 1/4 NE 1/4
SEC 9
T2S R5E
~
NO SCALE
EXHIBIT 'B2'
CURS TON ROAD BASEMENT
PAGE tI
,
~
EXHIBIT "E" rf(!1~ .180~nt 71
PUBLIC STREET EASEMENT
VALLEY WEST ANNEXATION TRACT
BURNT LEATHER RANCH, GRANTOR, in eonsideration of $1.00 and for other and valuable
considerations, receipt of which is acknowledged, grants to the City of Bozeman, a municipal
corporation of the State of Montana, with offices at 411 East Main, Bozeman, Montana 59771-
0640, GRANTEE, its successors and assigns, 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, being one
thousand three hundred twenty one and ninety two hundredths (1,321.92) feet by forty five (45.00)
feet wide (Durston Road), to be located on the following described real property:
A portion of the northwest one-quarter of the northeast one-quarter of Section 9 in
Township Two (2) South, Range Five (5) East, PMM, Gallatin County, MT., as shown
in cas 1005.
The easement is more particularly described on the attached Exhibits "A" and "B", which
by this reference are made a part hereof.
The GRANTOR states that they possess the real property described above and that they have
a lawful right to grant an easement thereon.
The GRANTOR further agrees that the GRANfEE may peaceably hold and enjoy the rights
and privileges herein granted without any interruption by the GRANTOR.
The tenns, 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.
BURNT LEATHER RANCH
Page -1-
.
.
j
DATED this / ~~ day of December, 1997.
ft1~ 180fAff 72
BURNT LEATHER RANCH
By ~ Per
GRA OR
CORPORA TE
STATE OF MONTANA )
)ss.
County of Gallatin )
On this J~day of December, 1997, before me the undersigned, a Notary Public for the
State of Montana, personally appeared, KELLY MEYERS, known to me to be the Vice President
of BURNT LEATHER RANCH and the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the within instrument for and on behalf of BURNT
LEATHER RANCH.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first written.
(SEAL )
, ,",'
L.IIV4)'
....... ~:J
C;> .,..ifi:..... N O'}:..,.<", ' .
;::y.. . ~,' ;.
~ [ ~. ~\ ~ ~
o \ ""7" i:'";: r-
""'. ~A. C"
,,". .. . ., ~()
'""," "l ~~" ~,' ~....
~~~"';"', ..,4.....~.1'". ..
-1.'11\
~~V'.h _ /f? I2P~
Notary Public}sr the State of Montana
Residing at ~ 1Y2a... /)
My Commission Expires t( k!s /6/
I '
BURNT LEATHER RANCH
Page -2-
.-
, I
ACCEPTED:
filM 180P^Cl 73
CITY OF BOZEMAN
\ i
cBy.c: -,.-.l_ \ ~---
c)~~k J~hnson
City Manager
ATTEST:
(l~XL#~
Clerk of the Commission
STATE OF MONTANA )
)ss.
County of Gallatin )
On this ~~ day of b.o (I ~. "\ ' 19't:l-, before me the undersigned, a Notary
Public for the State of Montana, personally appeared CLARK JOHNSON and ROBIN L.
SULLIVAN, known to me to be the City Manager and Clerk of the Commission, respectively, for
the City of Bozeman and the persons whose names are subscribed to the within instrument, and
acknowledged to me that they executed the same for and on behalf of the City of Bozeman.
N ary Public for the State of Montana
Residing at &:? Q.(Y\ ~'
My Commission Expires - ;.).,.'\-- q f
, ~.' ~ i, . I
BURNT LEATHER RANCH
Page -3-
Exhibit 'A'
flt~ 180~!~n. 74
,
,
A portion of the northwest one-quarter of the northeast one-quarter of Section 9 in
Township Two (2) South, Range Five (5) East, PMM, Gallatin County, MT., as shown in
cas 1005.
Easement Description (Durston Road)
A 45.00 foot wide right-of-way and utility easement, across a portion of said land of cas
1005, laying south of and parallel with the following described line:
Commencing at the north one-quarter corner of said section and True Point of Beginning;
thence along the section line, North 890 47' 28" East, a distance of 1321.92 feet to the end of
the easement, and as shown on Exhibit "B".
The south line of said easement being lengthened or shortened so as to begin at the north-
south mid-section line of said section, and ending at the east line of the northwest quarter of
the northeast quarter of said Section 9.
Said Tract contains 1.37 acres, more or less.
H: \288S\004\EASEMENT\BURNT, WPD
December 8, 1997
BURNT LEATHER RANCH
Page -4-
,
. :
,
- ........,.
flL~ 180 fA..! 75
V ALLEY WEST ANNEXATION
NOV, 1997
45' South of
See Line -
P.O.B. NE COR
N1/4 COR SEC 9
SEC 9 DURSTON RD
J.>. N89047'28"E N890 46' 41"E 4.<'?). 3
'< 9'<< 'Y 10
9 1321.92' 1322.00'
z
g 0
~
~ 0
COS 1005 w =< 0
~ ~ m
NW 1/4 NE 1/4 0 ~ 0
T2S R5E m 01
01 CD "
- .. m
~
N89019'32"E
1320.65'
~ EASEMENT
~
c90 MORRISON ......~
.,,,,,,m NO SCALE
--
DO MAIERLE,lNc, --~ EXHIBIT 'B'
-,...
A~ ....~~~~
,.1. loot 111) It!..... "" ""'-. '" .m . "'- ftOll !II-.'U ... (11M) :lP-IIl11 DURSTON ROAD EASEMENT
PAGE 6
BURNT LEATHER RANCH
EXHIBIT "F" fIl~ 180f~n 76
PUBLIC STREET EASEMENT
VALLEY 'VEST ANNEXATION TRACT
360 RANCH CORPORATION, GRANTOR, in consideration of $1.00 and for other and valuable
considerations, receipt of which is acknowledged, grants to the City of Bozeman, a municipal
corporation of the State of Montana, with offices at 411 East Main, Bozeman, Montana 59771-
0640, GRANTEE, its successors and assigns, 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, being one
thousand three hundred thirty seven and seventy five hundredths (1,337.75) feet by forty five
(45.00) feet wide (for Durston Road), to be located on the following described real property:
A portion of the northeast one-quarter of the northwest one-quarter of Section 9 in
Township Two (2) South, Range Five (5) East, PMM, Gallatin County, MT., as shown
in cas 1005.
The easement is more particularly described on the attached Exhibits "A" and "B", which
by this reference are made a part hereof.
The GRANTOR states that they possess the real property described above and that they have
a lawful right to grant an easement thereon.
The GRANTOR further agrees that the GRANTEE may peaeeably 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.
360 RANCH CORPORATION
Page -1-
DA TED this Ib~
day of Deeember, 1997.
fft.. 180 fAn 77
360 RANCH CORPORATION
By G~~h1;~
CORPORATE
ST A TE OF MONTANA )
)ss.
County of Gallatin )
On this ~day of December, 1997, before me the undersigned, a Notary Public for the
State of Montana, personally appeared, KELLY J\..1EYERS, known to me to be the Vice President
of360 RANCH CORPORATION and the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the within instrument for and on behalf of 360 RANCH
CORPORA TION.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first written.
~_ m. iZ~
Notary Public for the State of Montana
Residing at ~~ tlYl.a I')
My Commission Expires I( f3 /61
ACCEPTED:
CITY OF BOZEMAN
"'\
."....
By:
, \
.\. ... ...... \~---,-
\
Clark Johnson
City Manager
360 RANCH CORPORATION
Page -2-
ATTEST:
if~ 01 ~
Clerk of the Commission
f1t~ 1S0fAtt 78
ST A TE OF MONT ANA )
)ss.
County of Gallatin )
On th is ~ Pi. day of ~ 0 (' a..- ~tl'\ ' 19~ before me the undersigned, a Notary
Public for the State of Montana, personally appeared CLARK JOI-INSON and ROBIN L.
SULLIVAN, known to me to be the City Manager and Clerk of the Commission, respectively, for
the City of Bozeman and the persons whose names are subscribed to the within instrument, and
acknowledged to me that they executed the same for and on behalf of the City of Bozeman.
Not ry Public for the State of ontana
Residing at {2y'ZJ2. f"'(\u..-.--...
My Commission Expires I.n ...d-..\..\. -qg
360 RANCH CORPORATION
Page -3-
Exhibit 'A'
r II M 180 f'ACf 79
A portion of the northeast one-quarter of the northwest one-quarter of Section 9 in
Township Two (2) South, Range Five (5) East, PMM, Gallatin County, MT., as shown in
cas 1005.
Easement Description (Durston Road)
A 45.00 foot wide right-of-way and utility easement, across a portion of said land of cas
1005, laying south of and parallel with the following described line:
Commencing at the north one-quarter corner of said section and True Point of Beginning;
Thence along the section line, South 880 02' 49" West, a distance of 1337.75 feet to the end of
the easement, and as shown on Exhibit "B".
The south line of said easement being lengthened or shortened so as to begin at the north-
south mid-section line of said section, and ending at the west line of the northeast quarter of
the northwest quarter of said Section 9.
Said Tract contains 1.38 acres, more or less.
H: \2885\004 \EASEMENT\3 60RAN CH. WPD
December 8, 1997
360 RANCH CORPORATION
Page -4-
; .
.. ,
,
--~.,~._.!._-~_.. ..--.---.......----....-. <-. -~'-,-
fll'~ 180 fACt SO
v ALLEY WEST ANNEXATION
NOV, 1997
45' South of
See Line
P.O.B.
N1/4 COR
4 SEC 9
S88002'49"W .q
1337.75' 9
S w
C') NE 1/4 NW 1/4 C\J~
"<j- "- 0 If)
T""" C')
(D C\J SEC 9 co ..-
L() "<j- T2S R5E LO 3
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0 0
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N88026'20"E
1336.80'
~ EASEMENT
4
ddO MORRISON -... NO SCALE
-....
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DO MAIERLE,INC. --- EXHIBIT 'B'
IIIGll41
- .....-.--""""""" ~~jj DURSTON ROAD EASEMENT
''&'''1111 ..'-'-w..... ~<<IIIJ11.......(...-'-tII1 '.liOlllltHI" PAGE 5
360 RANCH CORPORATION
EXHIBIT "G" fIlM 180'^CE 81
PUBLIC STREET EASEMENT
VALLEY WEST ANNEXATION TRACT
MOBILE NINE CORPORATION, GRANTOR, in consideration of $1.00 and for other and
valuable considerations, receipt of which is acknowledged, grants to the City of Bozeman, a
municipal corporation of the State of Montana, with offices at 411 East Main, Bozeman, Montana
59771-0640, GRANTEE, its successors and assigns, a perpetual street and utility easement for the
use of the public, in, through, and across two (2) strips ofland situated in Gallatin County, Montana.
The first being one thousand three hundred nineteen and forty five hundredths (1,319.45) feet by
forty five (45.00) feet wide (Babcock Street); and the second being a strip ofland one thousand
three hundred thirty and twenty five hundredths (1,330.25) feet by sixty (60.00) feet wide
(Cottonwood Road), both to be located on the following described real property:
A portion of the northeast quarter of the southeast quarter of Section 9 in Township
Two (2) South, Range Five (5) East, PMM, Gallatin County, MT., as shown in cas
1005.
The easement is more particularly described on the attached Exhibits "A" and "B", whieh
by this reference are made a part hereof.
The GRANTOR states that they possess the real property described above and that they have
a lawful right to grant an easement thereon,
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
MOBILE NINE CORPORA nON
Page -I~
f1l~ 1S0fACl ,132
the heirs, executors, administrators, personal representatives, successors, and assigns of the parties
hereto.
DATED this /6:J!=.. day of December, 1997.
MOBILE NINE CORPORATION
By ~~ YlJ1----
GRANT
CORPORA TE
ST A TE OF MONTANA )
)ss.
County of Gallatin )
On this~day of December, 1997, before me the undersigned, a Notary Public for the
State of Montana, personally appeared, KELLY l\1EYERS, known to me to be the Vice President
of MOBILE NINE CORPORATION and the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the within instrument for and on behalf of
MOBILE NINE CORPORATION.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first written.
~~cJ~_ m. /)~~
Notary Public for the State of Montana
Residing at ~YT1o. 1/
My Commission Expires tl/d.fO I
MOBILE NINE CORPORATION
Page -2-
.
ACCEPTED;
CITY OF BOZEMAN
r Il ~ 180 f;'Cl 8:J
\
"'
By:
. .. __:;:.:=::c~\--."._- --'-'~_.'-_'
Cla\k Johnson
City Manager
ATTEST:
~ oY .LIl: ,
Clerk of the Commission
ST ATE OF MONT ANA )
)ss.
County of Gallatin )
On this ~ day of ~c" ___ \c:.a- , 19~, before me the undersigned, a Notary
Public for the State of Montana, personally appeared CLARK JOHNSON and ROBIN L.
SULLIVAN, known to me to be the City Manager and Clerk of the Commission, respectively, for
the City of Bozeman and the persons whose names are subscribed to the within instrument, and
acknowledged to me that they executed the same for and on behalf of the City of Bozeman.
\~.;"U~E..:H)
...... .' "~
",....,~JMi",;~/f .....~
.' ~ ....,.\;'" ._.,.,:,.,,~,,;' .~~, ~.
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.:.' Q l[:~...., N'" if.,. j,c, ~
c;;;r,*. '~: ..::.j';~;.!:lt~. ~I::
:I\~')'" ..,~ \';i~k, !
':., ,\;.",}.~l"~ '..,~'f./
.. " ,..... '. ....,'
<#t . ,/,." .....
'., i' r., "" ".,
f."",ftt.'"t""I">
~.~ tlJJ
Notary Public for the State of Montana
Residing at ~f'Y'\.a..rv-..
My Commission Expires \.::. -:L'4-cr1?
MOBILE NINE CORPORA nON
Page -3-
Exhibit 'A'
flL~ 180f~tl 84
A portion of the northeast quarter of the southeast quarter of Section 9 in Township Two (2)
South, Range Five (5) East, PMM, Gallatin County, MT., as shown in cas 1005.
First Easement Description (Babcock Street)
A 45.00 foot wide right-of-way and utility easement, across a portion of said land of cas
1005, laying north of and parallel with the following described line:
Commencing at the east quarter corner of said section and True Point of Beginning; Thence
along the mid section line, South 880 51' 56" West, a distance of 1,319.45 feet to the end of
the easement, and as shown on Exhibit "B-1".
The north line of said easement being lengthened or shortened so as to begin at the east line
of said section, and ending at the west line of the southeast quarter of the northeast quarter of
said Section 9.
Said Tract contains 1.36 acres, more or less.
and
Second Easement Description (Cottonwood Road)
A 60.00 foot wide right-of-way and utility easement, across a portion of said land of cas
1005, laying west of and parallel with the following described line:
Commencing at the east quarter corner of said section and True Point of Beginning; Thence
along the section line, North 01006' OS" West, a distance of 1,330.25 feet to the end of the
easement, and as shown on Exhibit "B-2".
The west line of said easement being lengthened or shortened so as to begin at the east-west
mid-section line of said section, and ending at the north line of the southeast quarter of the
northeast quarter of said Section 9.
Said Tract contains 1.83 acres, more or less.
H: \2885\004\EASEMENT\MOBILE.WPD
December 8, 1997
MOBILE NINE CORPORA nON
Page -4-
V ALLEY WEST ANNEXATION
NOV, 1997
45' North of
the mid-section line
~ EASEMENT
On MORRISON
ol:lu MAIERLE,INc.
Mt.,...........~IlIroo!o~
MOBILE NINE CORPORATION
Nlllli11i1 ."""'""-.... ~_."'.~IIl4l..,"'..' n.1-,w.111I
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S88051'56"W lY
1319.45' i
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--~--~----~----~--~-------~-~--~--~
SE 1/4 NE 1/4
SEC 9
T2S R5E
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T2S R5E
.........
.....,..
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fltM 18 JP^CE 85
P.O.B.
E1/4 COR
SEC 9
o
NO SCALE
EXHIBIT 'Bl'
BABCOCK ROAD EASEMENT
PAGE II
r---'~.'.~~'~--"-
..-
fILM 180fM l 86
V ALLEY WEST ANNEXATION
NOV, 1997
NE COR
SEC 9 4 3
'C9I
g'<.t.'Y 10
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60' West of
see line
/
SE 1/4 NE 1/4
SEC 9
12S R5E
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N88051'56"E 9 ~'\ 10
1319.45' "-.( Y
P.O.B.
E1/4 COR
SEC 9
T2S,R5E
~ EASEMENT
~
~r7l MORRISON
rOCJu MAIERLE,INC.
AI\""'~(NMII~III""
-~
-...
--
.-..
~1""
NO SCALE
I!XHIBIT 'B2'
COTTONWOOD ROAD EASEMENT
PAGE 8
'&"l'~ '"'....._ -.1III:ilm."-o.IIlllit>>l,lfII '_I....I~I'N
MOBILE NINE CORPORATION
EXHIBIT "H" fll ~ 180f^fl 87
PUBLIC STREET EASEMENT
VALLEY WEST ANNEXATION TRACT
R&D HOLDINGS, INe., GRANTOR, in consideration of $1.00 and for other and valuable
considerations, receipt of which is acknowledged, grants to the City of Bozeman, a municipal
corporation of the State of Montana, with offices at 411 East Main, Bozeman, Montana 59771-
0640, GRANTEE, its successors and assigns, a perpetual street and utility easement for the use of
the pub lie, in, through, and across two (2) strips of land situated in Gallatin County, Montana. The
first being three hundred thirty three and fifty three hundredths (333.53) feet by forty five (45.00)
feet wide (Babcock Street) and the second being a strip of land two thousand five hundred sixty six
and forty two hundredths feet (2,566.42) feet by sixty (60.00) feet wide (Cottonwood Road), both
to be located on the following described real property:
A portion of Tract 1 of Certificate of Survey 1846 located in the southwest one-quarter
of Section 10, Township Two (2) South, Range Five (5) East, PMM, Gallatin County,
MT.
The easement is more particularly described on the attached Exhibits "A" and "B", whieh
by this reference are made a part hereof.
The GRANTOR states that they possess the real property described above and that they have
a lawful right to grant an easement thereon.
The GRANTOR further agrees that the GRANfEE may peaceably hold and enjoy the rights
and privileges herein granted without any interruption by the GRANTOK
The tenus, covenants, and provisions of this easement shall extend to and be binding upon
R&D HOLDINGS, INC.
Page -1-
fILM' 180p~n 88
the heirs, executors, administrators, personal representatives, successors, and assigns of the parties
hereto.
-I-'-t
DATEDthis~dayof \')FL-e-l,u~j:a. ,19'77
R&D HOLDINGS, INe.
.,..
By:~~ ~~4"-
GRANTOR
CORPORA TE
(IIbl,.) /lAExx<!-Z>
STATE OF MONTANA )
)ss.
County of Gallatin )
p, ftlV'J A-LIu..v
.+1-1
On this ~ day of Ut.c-/ ~ft'p.,EI1..... , 199...7, before me the undersigned, a Notary
Publie for the State of Montafll?, personally appeared,uAvxr> s. {~):tn r""'...... known to me to
, """6....""1011 c:o .
be the G-j;/VEAAi:....~t+iZ.T^"ER of P-.. D "-7~.:>L.n r::rv6r L'~'? and the
person whose name is subscribed to the within instrument and acknowledged to me that he executed
the within instrument for and on behalf of R&D HOLDINGS. INe.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first written.
.".^....~~b~~
....... " I",
. i.\.\~ .Ml'."
;'''If.-. '\,\ .... ..,.....!;'~ ..~..
" .:-...;J .f ..' ""~' 'J.. '
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.. "'.;:?;. ." ", .' ,"':; ."'1"'} .'
r.?"~"'",. "."'. '..'" .' ,#"1.1 11."
.", "-" O.~~~~~."~.' I'. ,~"
'" 1" 1'11.:" . . '
r\ .j..." ,:,....
fJk~l rntu~ _
Notary Public for the State of Molltltllf1. ~('~ \.\-t"~ to
Residing at ~\'o\..tc1 u ("t'qu t:
My Commission Expires '3.1::;).CO
R&D HOLDINGS, INe.
Page -2-
ACCEPTED:
CITY OF BOZEMAN
filM lBOPACl 89
,By: ~b\--
Clark Johnson
City Manager
ATTEST:
W~ ~df}1~
Clerk of the Commission
STATE OF MONTANA )
)ss.
County of Gallatin )
On this c:i.~ day of \:'10 ~ , 1~, before me the undersigned, a Notary
Public for the State of Montana, personally appeared CLARK JOHNSON and ROBIN L
SULLlV AN, known to me to be the City Manager and Clerk of the Commission, respectively, for
the City of Bozeman and the persons whose names are subscribed to the within instrument, and
acknowledged to me that they exeeuted the same for and on behalf of the City of Bozeman.
(SEAL )
,\\~~\llliqfJlfflt"'tl: .
,\" ~ ;'> A" ,,~f~~
,.... '\ , -. . ; .. ~', " .",-
~,... ~~ ..f"'~ " ;", '. ~.:...... .'"..
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-:... \~ ":~,;:.,':.,/.,, .,._,:,~,\'.': rll~'~". ',~$
.. ";t...' "<,'. r".,'" ,II .....
....,.. ,. "':'f~.'... "~.,i.w.,,~,,~:^ :......'
'" "4".,. "" '..0"" ,\'
"'" ... OJ".-.. ....r
"~;" Uu U":IA"''''
~\~JLJc~
Notary PUbli&or the State of ontana
Residing at _ 'Jl Qvn.~
My Commission Expires La .....:J"*~ i
R&D HOLDINGS, INe.
Page -3-
"
Exhibit 'A'
FilM 180P^C[ 90
Tract 1 of Certificate of Survey 1846 is located in the southwest one-quarter of Section 10,
Township Two ( 2) South, Range Five (5) East, P"M1\1, Gallatin County, MT.
First Easement Description(Babcock Street)
A 45.00 foot wide right-of-way and utility easement, across a portion of Tract 1 ofCOS 1846,
laying south of and parallel with the following described line:
Commencing at the west one-quarter corner of said section and True Point of Beginning; Thence
along the mid section I ine, South 890 51' 45" East, a distance of 333.53 feet to the end of the
easement, and as shown on Exhibit "B-1".
The south line of said easement being lengthened or shortened so as to begin at the west line
of said section, and ending at the east line of said Tract 1 of cas 1846.
Said Tract contains 0.34 acres, more or less.
and
Second Easement Description (Cottonwood Road)
A 60.00 foot wide right-of-way and utility easement, across a portion of Tract 1 of Certificate
of Survey 1846, laying east of and parallel with the following described line:
Commencing at the west one-quarter corner of said section and True Point of Beginning;
Thence along the section line, South 00022' 58" West, a distance of 2,566.42 feet to the end of
the easement, and as shown on Exhibit "B-2".
The east line of said easement being lengthened or shortened so as to begin at the mid-section
line of said section, and ending at the U.s. Highway 191 north right-of-way line.
Said Tract contains 3.54 acres, more or less.
H: \2885\004\EASEM I':NT\RDHOLD. Wl'D
December 8, 1997
R&D HOLDTNGS, INe.
Page -4-
P.O.B.
W1/4 COR 9 10
SEC 10 (1\
T2S R5E
~ EASEMENT
&In MORRISON
EJoLJ MAIERLE,INc.
An.....~-OwnonI~......J'II"1I
~.II...'I'J 1lI!~_ _lIIl1lrt-~{~j&ll!-O/J, h.(IIII).I-j'14
A&D HOLDINGS, INC.
"
fiLM 11~Or^CE 91
V ALLEY WEST ANNEXATION
NOV, 1997
45' South of the
C~ mid-section line
1
~ --- (sago 51'45"E)
$! (333.53')
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NO SCALE
EXHIBIT 'B1'
BABCOCK ROAD EASEMENT
PAGE 5
.f
\
<,
f1l~ 180r tE 92
VALLEY WEST ANNEXATION
NOV, 1997
_ _tJ880_51'56"E_
1319.45'
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US 191 HWY R/W LINE ",
"
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N89 0 51'45"W
"~ ( 333.53'
~I
P,O,B.
W1/4 COR
SEC 10
T2S,R5E
60' East of
see line
..
1/16 C R Existing 60' access &
- Utility Easement
(Cas No_ 1846)
l-
II
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us HWY 191 9~
)16 '<:5) 15 SW COR
SEC10
NOoo22'13"E
101.46'
(FROM SEe LINE
TO N R/W LINE)
~ EASEMENT
MORRISON
MAIEHLE,INC.
JI"""~'''~'''''''JIII~
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""""'"
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'4 ... t1u 101 1"'~, ~ ill ..,." j""" t'"l Ml...,il rtI; laJ .'-Un
AlO HOLOINCUI, INO,
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NO SCALE
EXHIIlT '82'
COTTONWOOD FlOAD IAI.MiNT
PAGE 8
"
, \
EXHIBIT "I" fll M 180 P^C[ 9:1
PUBLIC STREET EASEMENT
VALLEY WEST ANNEXATION TRACT
DAVID F. NORTON, GRANTOR, in consideration of $1.00 and for other and valuable
considerations, reeeipt of which is acknowledged, grants to the City of Bozeman, a municipal
corporation of the State of Montana, with offices at 411 East Main, Bozeman, Montana 59771-
0640, GRANTEE, its successors and assigns, a perpetual street and utility easement for the use of
the public, in, through, and across two (2) strips of land situated in Gallatin County, Montana. The
first being one thousand three hundred nineteen and forty five hundredths (1,319.45) feet by forty
five (45.00) feet wide (Babcock Street); and the second being a strip of land one thousand three
hundred thirty four and eleven hundredths feet (1,334.11) feet by sixty (60.00) feet wide
(Cottonwood Road), both to be located on the following described real property:
A portion of the northeast one-quarter of the south east one-quarter of Section 9 in
Township Two (2) South, Range Five (5) East, PMM, Gallatin County, MT., as shown
in cas 1005,
The easement is more particularly described on the attached Exhibits "A" and "B", which
by this reference are made a part hereof.
The GRANTOR states that they possess the real property described above and that they have
a lawful right to grant an easement thereon.
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 tenus, covenants, and provisions of this easement shall extend to and be binding upon
DAVID NORTON
Page -1-
'.'
, d . . I . FIL"d lBO,Ar.[h 94.
the heIrs, executors, a mlDlstrators, persona representatIves, successors, an assIgns or t e partIes
hereto.
DATED this Id ~ day of ~c.eN\fu f" , 1997.
DAVIDF. NORTON
By:
7-J.,::J~~~
GRANTOR
INDIVIDUAL
STATE OF MONTANA )
)ss.
County of Gallatin )
On this Id~ay of -I:1.a..r.~~ , 19Cf '), before me the undersigned, a Notary
Public for the State of Montana, personally appeared, DA VID F. NORTON, known to me to be the
persons 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 Notarial Seal the
day and year first written.
(SEAL)
,~/t~""""
~ '~'.':...~.. ..I%',^~I;r~
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. ..,,~... ......;.... ~l;j/
",..t";'
! I ~,' ~ I J; ..",'
~~ 1Y7 f2~
Notary Public for the State of Montana
Residing at ~, /'r-rr-
My Commission' pires r?~ -..3J c)oC> 1
DAVID NORTON
Page -2-
.,...1 ...
ACCEPTED:
CITY OF BOZEMAN
flt"1' 180 PACE 95
. By: .'._\.-:.~ --"---..
Clark Johnson
City Manager
ATTEST:
C?~J ~~
Clerk of the Commission
STATE OF MONTANA )
)ss.
County of Gallatin )
On this 0l;.L day of ~ C:~~, 1~, before me the undersigned, a Notary
Public for the State of Montana, personally appeared CLARK JOHNSON and ROBIN L.
SULLIVAN, known to me to be the City Manager and Clerk of the Commission, respectively, for
the City of Bozeman and the persons whose names are subscribed to the within instrument, and
acknowledged to me that they executed the same for and on behalf of the City of Bozeman,
,.(S,E,A,I..,,)
....'\\ Ab ,"If
",.' ~ t\, '1 If .t- f_"
.., ,~':, .," .. \I.~' "'~<, "',,:-
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". J" t~:;' .'.. ',"" <' 't~ -.,....'
"" ~4!,:' .......... .' ~\ ""
.... ,o~Q ",
1;".'I,U.U'.u"'\\\
~~L~
Notary Publict:;e State 0 Montana
Residing at QYT\~
My Commission Expires 'Ie -;;.t.'4 --.G'~
OA VID NORTON
Page -3-
..
fI.,,- 'j.'
..
.
" It
flt~ 180 ?ACl 96
A portion of the northeast one-quarter of the southeast one-quarter of Section 9 in Township
Two (2) South, Range Five (5) East, Pl\1M, Gallatin County, MI., as shown in cas 1005.
Exhibit I A'
First Easement Description (Babcock Street)
A 45.00 foot wide right-of-way and utility easement, across a portion of said land of cas
1005, laying south of and parallel with the following described line:
Commencing at the east quarter corner of said section and True Point of Beginning; Thence
along the mid section line, South 880 51' 56" West, a distance of 1,319.45 feet to the end of
the easement, and as shown on Exhibit "B-1".
The south line of said easement being lengthened or shortened so as to begin at the east
quarter corner of said section, west along the mid~section line and ending at the west line of
the northeast quarter of the southeast quarter of said Section 9.
Said Tract contains 1.36 acres, more or less.
and
Second Easement Description (Cottonwood Road)
A 60.00 foot wide right-of-way and utility easement, across a portion of said land of cas
1005, laying west of and parallel with the following described line:
Commencing at the east quarter corner of said section and True Point of Beginning; thence
along the section line, South 000 22' 13" West, a distance of 1,333.88 feet to the end of the
easement, and as shown on Exhibit "B-2".
The west line of said easement being lengthened or shortened so as to begin at the east-west
mid-section line of said section, and ending at the south line of the northeast quarter of the
southeast quarter of said Section 9.
Said Tract contains 1.84 acres, more or less.
H: \288S\004\1':ASEMENT\NORTON. Wl'D
Decemher 8, 1997
DAVID NORTON
Page -4-
. ,
'*
.
..... )....
filM 180 ACE 97
V ALLEY WEST ANNEXATION
NOV, 1997
45' South of
the mid-section line
~ EASEMENT
i:9m MORRISON
~L.J MAIERLE,INC.
J1..~~Douu.Il~~
'.a.....I1IIIDII__W ---'III'/M7If.,..,.j~M'....nl ~_(4aII..,....M
DAm NORTON
P.D.B.
E 1/4 COR
BABCOCK RD 9 10 SEe 9
.,~ -t5I\
.4-L-~
S88051'56vW i i
1319.45' i i/ EXISTING
it EASEMENT
, ,
, ,
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....',....
....' .
.'(\1
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('):
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N88056'4SWE : :
______________..______w____________LJ
1326.34'
~
.
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NO
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CDS 1005
NE 1/4 SE 1/4
SEC S
T2S R5E
~
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~....
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IIIIlU 11~
NO 8OAL.&
EXtBT '11
IWIOOCK ROAD I!A8BI!NT
PACII CI
~ .
or '
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v
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"I
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)-
V ALLEY WEST ANNEXATION
NOV, 1997
fftH 1 OfAtf 98
N88051'56"E 9 10
1319.45' ...~...--- P.O.S,
,
I I E1/4 COR
I
I Cl SEe
I 9
'<t ~: <
...... 0 T2S,R5E
10..... w Moo 0:
::;: OWO)IO Cl
0 :-00
.....(J)()a: 0
" (\J- 0
['...- (\JC'?
00) (I)'<tW(I) o C'? 5:
- ..... O......(I)(\J z
ON ..... r- oC'? 0
'<tC') Ow 0..... I-
0 C'? Z (1)1 I- 60' West of
0..... , 0
,
0 , <..) mid-see line
\
(I) \
,
, ,
, ,
,
~-
--~~-----------------~------~- 1/16 eOR
~ EASEMENT
~D.. MORRISON
DO MAIERLE,INC.
.41!1 ~~C-~
.-...
........
--
-..
-....
NO SCALE
EXHIBIT '62'
COTTONWOOD ROAD EASEMENT
PAGE 6
,a..UIIIIII'-"-'irW ~"'liIrn."""-fBl.,...tr1 _(~_.,,"
DAVID NORTON
3~,
'~
,
RT: ROBIN SULLIVAN, CLERK OF THE
TIllS INSTRUMENT WAS FILED FOR RECOHD IN THJS OFFICE ON
TIlE 24 TM Y OF DECEMBER , A.D., 1 H 97
AT 10: 14 A M., AND WAS DULY RECOIlDED IN 13001( _180__
OF MISCELLANEOUS RECORDS, PAGE 22
HECORDEIl. BY ~ ~/li11 r DEPUTY
COMMISSION CITY gF BOZEMAN, PO BOX 640 BOZEMAN, MT 59771
OFFICE or COUNTY HECOIlDEH )
COUNTY OF GA LLA'I'IN )
STATE or !\lON'I'AN ^ )
.:S1le,/ky CV an.,.
Fee $_462.00