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HomeMy WebLinkAbout97- Valley West Annexation Agreement t. l( ~ .. .. , ~ :. 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 .. 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 PAGE 1 , . 1 :~ 4 ' . 4 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 PAGE 2 \ , (: I I. I \' flU~ 180ft!( 24 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 PAGE 3 I ~ J: I ( I 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 PAGE 4 j " ! ilL ,( , nt. 180nrf 26 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 PAGE 5 I , ,f ,( . f'U~ 180f!(f 27 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 PAGE 6 J , I.", I ( . FftM 180fMI 28 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 PAGE 7 I ' , I ft~ 180m 2J 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 PAGE 8 , " I '( l fft~ 180ft<< 30 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 PAGE 9 'j .j j '. I I 1 " nu~ 16000 31 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 PAGE 10 " 0' ... ," ., I '. l ' 1 " ' I . ' 23. Waiver. fit ~ 180~n 32 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 PAGE 11 , , I 1 . , . I . . ' LANDOWNERS filM 180fAt[ 33 ~ t71ifc--- 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) ."".........},.. ....,,/I..~ "."" .\..lND..q. """ ::'. ..,f....II............. O......,..i!i..4t. ': '-'. '11'."" ...\f~ \ '"'\I' ., ~ .,'~ , , '., . \~ ~,,, ~ " "; .'. f...'.\t.~. ". .....,- '\ ~ . . ., .,';. . 1'-" I' ,.. . :::' OJ '.., , .;';'" ""P . __ --I." . .."*, -' I . . >):~.~:...i... .... .'.:. ''I:'''.):> j (fl. ' -l :.'. ii,.' '. ^",,: Q (<\1" ,.... .,~. "'. .,.... ~,;:..,J .i: .-' "', o . -.....,,'. ' J. . .....:'\. ~~.,~~~'.",I ',>".. "~'...... 1'", ".'111-l1li<1.'. 'O/IT"'" 1\\,""" ~~CJ\. m. ()d~ Notary Publi.i.t the State ofMont~ Residing at ~e mG. 'Il) fYll My Commission Expires J ll....., ICJ 1 I ' ~ ff/,/~ 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) ~~ 117. /?~ N tary Publ~e State ofMonta~ Residing at ~ (Y)arf\ /Y) ( My Commission Expires 11/3/6/ ~ .. V ALLEY WEST ANNEXATION AGREEMENT PAGE 12 * , , ,1 " ' .' fflM 180flU 34 ~. m~ 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. ",,,,"I'I(S:ij~) ""':,,~I N.o 4 ,fl'_.; l''';~'.'...1I' "j ~ ' ,0' 7".. "t-.\'* '\ : ;:, ,. ;,:v..,b\ ~ \ 10>'" .,.,.1,,""._.. : r . . -I; ..' ,.... ". )l.:(1) ,.. ''"''- ,c c) , ~' '>' ..:.;;:. ~ h ',., -',,::~~':::~;;: ..... . 11,".c . i A l .~' ~""'I, ~~~ /f), f?.J~) 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 0) / ~'h.~.e,J"' .f! , ;;; ! {)~~:.i/ J~, ':Z- '; .., : . .~l. I, ' rt" .: '" :' .' . ,- i r- :. ,'i ,;'...1.:", ':.: :~..i~q, .h: c~ ;". ~ \. ';!~.,lj; ."".... f' ~ "'_, ___;{".i~ "$K'"~ .' ......' ~_, ~ -11)"""", .....'" ", i....i, ~~ '"'A .".......... .,^' ',,<Vi'A'NA 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/ . . . .....,..; '0') ~..u':'. I I .;. .q.~~.,. .~,..'?\ . ..:: r;t': ,f:';';' , ' ,'.',. .. It ~:'. .. .E; 'F' ....~\' ~ ..." ,},;'.,'~:.'~ ,", A., :.~,< ':.'" . '.. /...I.........~...~............... .'. '_...g...............~.... ....' '.1"'\. .;1 :: L' " ~.~. "'?"".,e:,; i,1:'" " :: ~.". " I.A~~'" . , .~ ,~~./.,,:., ~ " ~ .,\t;;...... .~. .......,;.."A~...1:f.f..;;~ "'.~~ . ~<~7 4~A'. -' ~~r 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 / .~ll).r ,~\.,.O--'.,.....~4:( ..... J.. ..' . .\~ ~ -'.'.z.,. . ~ ~ .... I L:\; 1)\ ('1'\ . >i ':, V: . - r: . ~. ..~~.):..! (f; : '.~' ;/::to I .? ~... ".""," 1....'1 ~-'." ~~-;~... "-ff(j "Ill... "f.... ~ ,t',. ..HJ A ' 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!,. "'./. .," ,...t .L".,.,"; % .' :t.;. '01 ,t. :~'ii~,:"~~.~;f~\ d. J lJ& i ~1~t"4.. ~AL~c.\ Not~ Public for the State of (LV "-} to E: V i#.;ti.~O :'.\ . Resldmg at It I It>I.l f{ iJ t' rq u e. ~ ."? a\~ . ' . C .. E' ..-;..., '"\ oD ;. "'/1. puv ~ ...../. My omnnsSlon xprres 5- A~- . tI'; U'l.... i. ,'.. ~ ,It! .y,. "'.. .If , " ~ II"'~~."."... "",\ '. t,.- C:= \'1..... 'II~..,.' ;,. ," VALLEY WEST ANNEXATION AGREEMENT PAGE 15 I , \ , ' '. 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 o l' ';,I.!:~. -.C: ./.:? ,//"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) " )' ~l ..' .'. ...\ ~"f; ! _,0' ., "I' /1'. , .... j? /,..' /1 . (, . ",~( (JvV~ Ld'1..'-' 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 ,~ .,_ ..'......./... ........................-,.....,.,~ -4. ,',.1.,"'.' .... /://. ." "'.'-~ .,:'., , ,~,!It-. :-,." ~./ V . '\;,"~ . fit !." "'. "'i . / 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 {) ~1t..'" <\. '\ "'~b,:, ...v;, ,\ ",..,,4;.. .,:, 0 l..."' '-1. 0 . ~,>:'c, '; r r l\~ 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. ., ~-' " ~.j...,., . (- / .,~. .t, ' "~+E,;~g.f;""", /~~4t), '. ckU"') "'..' ~,.,~.... ,~f ' /Z1.:t! ~ .. ~..i" ';.",,,' ':".,..', ~ ' .',/, "', 'ill' #' . '".. .' ()' -,,..; ,- . ':.'.' ~.:'........'.... ....~. ....,.).,..'.'. v. .... )~.ol. ,aryPUbli~;.he S te.. ontana ~; \ .\\'~'\ .:'ejiding at...... :Y!'77ta-rL/ '. .~I": <. >~ Commission xpires / 1..1(,. jqr ". "t:. . !"~"C)Y.'iif.....~.. / / " . '~.:::"" .... "l~'" "f, :'1.... c- Of .,'- "~";' J..~ . (. ~ V ALLEY WEST ANNEXATION AGREEMENT PAGE 17 , . '-. I , \ ., 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 ..t"'''' . '/w";;~~,.(;,.,,,:: . My omnusslon Ires / '/'- ~/ 0 l,.,.~.........~...'.:. 7~.t.i.'.'..'~.'.'."~..:41....~.'.:.'~...'..~.f;.\: :~ ;~,; j, " . ....1,,) ;OJ' ~ \' ~'~;, - '~04.VJtt .'. CITY OF BOZEMAN "" .~ '....'~..;.I...i.t. '~;,.:~~. . , ."." 1"A"'~~,.",~~.t.'~ ~v <"'J" \:' ,."..,,,, <..;.",\-_.~ ....._- 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. ",...~~tl...~\ ......~'~~.;~I\.J.......{ .....~ ~r ~.,' t.-.,,'Jf... I,Ll II!:., :,', ~' /~~/'i"~,, ,....V.. '\ ". 0).. ~'f: ~#...,.. : - ... .....~ . .,. . _",."" 'A ~ \ -;.:. ~ ~ -; o,l' '..\,;,,:,"~, i ~ . ;'.... . c...~ ~"/'.~ "'t \\.ff-l "",:,,':' ;i' '" -"'io .1I,'t' ,~'., --'" It.U'C. .' ' "';""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 .:. I I 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 '(fIh,.,,,~~. p,r..,):. G? Ii .: ..., . .' L"'~....i' . ^ 0- .; ";(-,. .....,w... "... 4#lfY".:S; , ~; "10. ,:;. ."'i!!.'l', ~ '. rf.:~ -II.'"'' \';~'\ ~ . o1t .....~ .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 '~", -~ ',.... ,N "-.11 -~, " ~ , /$""(lft~ ~~}:f' \ :: o. ~<; C' ~_...' ;tti~. ..~ ; l' . .. ..' '.. ilAiI: { .,.~ '. . .A'/,"'" . '::;.'o,ot...~;." .' ..~.. ~o/ "4/1.. r r. """.",..!,.. ,-- .,' "'.,,11114 . , I I,~ f ' , I I ~ \ ' 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 \ "C~..;( ......_,0 ~ ~ ..., ~r .."'.....,11 ,- ""),,:(N<4~~ . "".".;;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;;. . i(,~'~; o : '"'-.. ~:'E: r '., ....r.."A A../ S> . ~_'. ~ .... .' ~J "'i,.", ~111.., " ,..' ~ ! "~". '.111".,Il1o' 4!1A , . ,II ~,' 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._ ,-,- ~Q...,)....... ~'U! \ ~ LL.J. U~ /'':;/~&.'~ 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 \".. , .'" "~I' \,. Mf./f, . :. '" . ~~! .............~. .............<tIl. ..T.>~..~. \~;:' )...~~'o.....,/f':/)/ ., ",",.,..~}~. '.. ~ 0 ...;.c....~ '. oJ! , ;; :",,:0 . C:l)~1' ",~~. ~ ~ 'lC'. ~"". J#. .j;:', :.' "., ., :2 5: . ',. ..' ." 2: .- . '.:. ~.A.. ""...,\">'.",, ..~ . "'14'" v~" \.."', .. .. ~ . ". ii:.!If. .,1'. ''J'<<~I.' .. l ./ ..' .. ..\ 0 IV..,. ~ . · ',J "....... ;. J> ...... ''''. '\" ..~. \ . . .~,.. 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'" ~~: ~l' ~tr' 0: , 1(, .r., ~J (1; ..... \ '" ~""'" '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 '" . .. '--' ......,. II. .... ." ....;....r.. \ r\! /..:: <.) /' , . 'OJ *'" ' .... ::,~ 'tr'. ",,' (. SEj~L ) f!' '. .' . r ". .'" 0, .', '1:>-.........,,, ...", .'; '., '" () ,<'\ (' ".. .r- MO,'.., . , . . , . , , ~ ~ . 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"~:). : "~"'.. ,.,...,.,'" .,...~'.. . .. r" 'I"" '", ,. "'? .~',\ ,,.,:,- , .,r.-It .;.: . ""e' . .,............. ~tr- ..... "". .0,.. Mot~~,..,'.. . ,. Ii' ~ ~ 1 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.;."'-' ~ f.?i$i. ~'.I. ,,~4 ?; o : .r f L.(IolI> .'J" I. .' ".'.'.~"".~"""""". -. ...,,:; 'I; .:,' AI,: "'"- . ,-, <, 1....... rr; :; '.' '-""' ~," .~ '".. \. "\ (" '::'.::;' . "{). 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... --.. '-"Y .. 0'\ c':T" 0' /!"if.'.~. ".......~..., .. ....' ...... 'rl'~ ',M' "V'.' , ----.. :' "'SE"" - ': . .. ,> 'lJ~'.." ~. " /,.(':1 .. -, ,;., ....'. /' ~ . ~ \.::"",", ,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 ~i322,OO' W lO- 00 ~ 0 (0, 000 o 0 T-'Ij' o Z lO o o T- (f) o C> /~ / W lO- AD _ LO (0' o~ o N T-N o Z N88051'56"E 1319.45' ~ EASEMENT Dn MORRISON ~aJ MAIERLE,INc. ""'...~~~~... '&~1I11 "'~.... ~III!11m..I'lloIoI.IWl.-m' r_llGllll1-11l11 -~ ""...... -= YGIt-'1 NW TEN CORPORATION I I I I I \ \ \ \ , , 9'" P,O.B. W1/4 COR SEC 10 T2S,R5E Hl ~ 18 rK{ 161 o T- LO o o T- C) ">tW ':;:.:.(j) WEST o 15.00' a: o o o ?; z o l- I- o C) 60' N89 0 51'45"W 333.53' ~ z (f) o C) 4 NO SCALE I!XHI81T '81' COTTONWOOD ROAD EASEMENT PAGE e . , . , ,...--, cc oW O..-l{) o occ_ '<tWCI) ...... (I) (\J Z I- I- (I) <( W EXISTING 30' EASEMENT S OF SEC LINE BY COS 1829 ~.. o <( o cc z o I- CI) cc :J o C') 0 (",,... 2665.90' NOoo28'1i'~ I- CI) <( W ill l{) CD C0 I'-- S00011'06"E _ 0881.78' ~- ~~O& ~~ ~ :os> <919 (\J~ ill :.2.9 0 ill 898,54' lli N00008'59"E CI) ill '<t -.::to ....... ..- ..- ~~ Z(f) ,....: ~ 408.00' S01006'05"W I- - .0 I- 0 (J)g 00<5' (I) q wui 0 <96> W 0 ~~j COo os ~ g . 0: 0 ~ YNQ1006'OS"E b 8 ~ "<t OJ 408.00' .>w 0.... :> (I) Z 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 -" -... --- -.-" IIIICC,,,,' !f~t~ 180~ z o I- <( X W ZJ'.., 2m <(m ...... I- h (/)> Wo S:Z >- ill -! -1 <( > ~ 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 <( 0 v a: z 0 0 T"" ~/ (j) () => W N 0 CJ (j) ..- ()') a: co L() W ...q- fi'J <0 LL ........ 0 v~ ..- 0 ~ (f) 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 cc 00 OT"" -.qO ,W T""(j) ~ -'" ".,,,,'" -- --- -,... o T"" (J) 4) NO SCALE 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 ...~........ , '-'~ ~. . ..,~ nN.. ij'~... ~. Ar.'<V.~ ' "-.?,,. ...., , .f i,~>, ,. ,\",:',:~", +- '\'" o. 1'17. ""~":'-:''''''I't.:Z.'. o . ". ' . ....,/ .... ; ." .;. . ..... . ;:..' " "",\ . t". "A/.. : ....r1' .. . ....1) ('I '., .... () {'... "" .....' .'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 0 C') 0 0 ..- 0 0 0 (/) z N88026'20"E 1336.80' ~ EASEMENT 4 ddO MORRISON -... NO SCALE -.... -- 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 .....~ .' ~ ....,.\;'" ._.,.,:,.,,~,,;' .~~, ~. j ,:>... ,..,.".'.:.~.:'~.'..a.-.".',~R"...'.I." j.""I:i:;:~...'~. ......... \ .:.' 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 -~--, S: W LD - 9,~ <0:0 0:(') o :,....., ...- ,..." 0:"'- z: I I BABCOCK RD 9! 10 -<T'>-. "~) S88051'56"W lY 1319.45' i I I I I I I I I I I I I I I I I I I I I I I I I I I I I --~--~----~----~--~-------~-~--~--~ SE 1/4 NE 1/4 SEC 9 T2S R5E om COLD aT- vO (')~ "'-0 iJ) s: 0)1'-- .....0 <:\io (")'<t (")0 .....0 o (f) NE 1/4 SE 1/4 SEC 9 T2S R5E ......... .....,.. -- .-.. ..','" 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 o .<< o 0: o o o 5: z o t- t- O U 60' West of see line / SE 1/4 NE 1/4 SEC 9 12S R5E ?; loLo OC\! Coo v 0(1) v o (1) V or- / Z / 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.. ' ~' ~.. "~'" r1' AR v .... ~ '~. . '" : I ",. ,~ U . . .\ . '. '..... ;t";. -; ::, f j \..-1'.: .' . ~ ~rrP.\.' pua\.~-;'/f".l (: . .. "'.;:?;. ." ", .' ,"':; ."'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"'~ " ;", '. ~.:...... .'".. f~~ /' 'C l.htftAl.. '\~ '\. . r'>. . ~f\,"l\ .. ~ ~ .'" f 'S~~,l\ 1..i;;,.1... i ~, P 1""). V'. . i -:... \~ ":~,;:.,':.,/.,, .,._,:,~,\'.': 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') (f) o () o W f- " () ~ co <(;::::~ a: 'C\J f- "'" C\J <D 11)0 C\JO o z 4 ",,,."" 1C1[N'11SI1 ...... ~~( Itl.S 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' r;}~ .,,0 oC;) o Cl <( a a: Cl a a ~ z a f- f- a u -- ~ CoN Ii)'<:t -.. ------.. ----- -------~.{8--- ------- o Ii) OC\l o (f) I \ \ \ \ \ \ \ \ \ \ \ US 191 HWY R/W LINE ", " '~, 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 <( a: I- ID .. ~ (J) o II 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~ ",,,,... """"'" - "-" ~t.". '4 ... t1u 101 1"'~, ~ ill ..,." j""" t'"l Ml...,il rtI; laJ .'-Un AlO HOLOINCUI, INO, ~ 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~ '"Y,'.. '"N ',...v~ If .:,~ ' Ul ..0 "'.1' '\ ~, ~ '~'. '!;. \ : ~,,~ j'~'~'l) ". ~. . i-oI -41,/'.,,,,,, \. '). .... \'".'"\.. ..... r. . ..,,~... ......;.... ~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.~' "'~<, "',,:- I:},' . ~1. ~. R.1Al>"'< \ '...:J ' ~~,. ". .. ;' "''''.:'.~.''1'''1~ : '" ~~/ .:' 1 .' ! J.., t .. , ,.' ~ ' ~f '. ,:\,. ''(" ~ "', ". " '. . '. ~i . _.'.'......$' ". 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 , , , , ::w . ,. (0'(') ....',.... ....' . .'(\1 (\11(\1 ('): ('):0 "';'":0 ::z I I I I I I N88056'4SWE : : ______________..______w____________LJ 1326.34' ~ . . ,... ~o NO (')oq- (')0 ""'0 o CI) CDS 1005 NE 1/4 SE 1/4 SEC S T2S R5E ~ tNillM:f" ~.... .""""'" """"" IIIIlU 11~ NO 8OAL.& EXtBT '11 IWIOOCK ROAD I!A8BI!NT PACII CI ~ . or ' . ~ ... ~ v ~ I ('< \ . ~," ..., "I "" )- 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