HomeMy WebLinkAbout05- Vandermolen Annexation Agreement
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VANDERMOLEN ANNEXA nON
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this ~S day of ~u.... ,,~.... ,2005, by and
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between the CITY OF BOZEMAN, a municipal corporation and political subdivision of the State of Montana
with offices at 411 East Main Street, Bozeman, Montana 59771-0640, hereinafter referred to as "City", and
CARL VANDERMOLEN, 56 Park Plaza Road, Bozeman, Montana 59715, and KINGDON GOULD IV, and
SANDRA GOULD, 320 Little Bear Spur Road, Gallatin County, representing Fairview Investments, L.L.C.,
hereinafter referred to as "Landowner".
WHEREAS, Landowners are owners in fee of a tract of certain real property, hereinafter referred to as
the VANDERMOLEN ANNEXATION tract situated in Gallatin County, Montana, and more particularly
described as follows:
A tract of land being Tract 1 and Tract 2 of Certificate of Survey No, 1256, located in the Northeast
One-Quarter of Section 2, Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin
County, Montana, and being more particularly described as follows:
Beginning at the Northeast One-Quarter Comer of said Section 2, thence North 89045'18" East, along
the north line of said Section 2 a distance of 1323.67 feet; thence South 01037'32" West, along the east
line of said Tract 2 a distance of 1325.75 feet; thence South 89046'22" West, along the south line of said
Tracts 1 and 2 a distance of 1321.20 feet; thence North 0 JD31 '11 " East, along the west line of said Tract
1 a distance of 1325.26 feet to the Point of Beginning, Said tract of land being 40.22 acres, along with
and subject to any and aU existing easements.
WHEREAS, the Landowner has petitioned the City for annexation of said tract of land; and
WHEREAS, the VANDERMOLEN ANNEXATION is not within the corporate limits of the City or
other municipality and may therefore be amlexed to the City in accordance with the provisions of this
Agreement and M,C,A. Title 7, Chapter 2, Part 43.
WHEREAS, all parties recognize that the annexation of the VANDERMOLEN ANNhXA110N
pursuant to Section 7-2-4305, et seq" M.C.A. will entitle the said property to City services, including municipal
water and sewer service, upon their availability; and
WHEREAS, M.C.A. Section 7-2-4305 provides that a municipality and landowner can agree to the
provisions of services to the area to be annexed; and
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WHEREAS, the City's present water supply and sewer collection system is insufficient to enable it to
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supply reasonably adequate water and sewer serviee to additional customers outside the present city boundaries;
and
WHEREAS, all parties recognize that the development of the VANDh""'RMOLE"'N ANNEXATION will
impact area streets, and that future improvements may require additional public street improvements for traffic
circulation; and
WHEREAS, the Landowner wishes to convey to the City certain water rights or take some equivalent
action to provide water and sewer service to the VANDERMOLEN ANNEXATION; and
WHEREAS, the Landowner finds that this Agreement will provide for the most satisfactory and
dependable water supply and sewer supply or service available to furnish water and wastewater collection, and
provide tramc circulation for development near and within the VANDERMOLEN ANNEXA 110N; and
WHEREAS, the making and perfonnance of this Agreement is desirable to promote the development
of the most adequate water supply, wastewater collection and traffic circulation pattern for the City as it now
exists and as it is reasonably expected to enlarge; and
WHEREAS, the securing of an adequate water supply, wastewater collection, and traffic systems by
the City is necessary and of mutual advantage to the parties hereto,
WHEREAS, the parties have determined that it is in the best interests of the City and Landowner, and
in furtherance of the public health, safety and welfare of the community to enter into and implement this
Agreement.
WIT N ESE T H:
IN CONSIDERATION of the mutual covenants and agreements herein contained, the parties hereto
agree as follows:
1. Recitals
The above recitals are true and correct.
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2.
Annexation
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The Landowner filed an application for annexation of the V ANDE"'RMOLEN ANNEXATION with the
City on January 20, 2004, The City, on February 25, 2004, adopted a Resolution of Intent to Annex the
VANDE"'RMOLEN ANNEXA110N. By execution of this Agreement, the City has manifested its intention
to anncx thc VANDERMOLEN ANNEXATION tract pursuant to the temlS and conditions of this
Agrcement. 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 VANDERMOLEN ANNEXATION to the City,
Further, upon the execution of this Agreement, the Landowner shall do all things necessary and proper to
aid and assist the City in carrying out thc terms, conditions and provisions of this Agreement and effectuate
the annexation of the VANDERMOLEN ANNEXATION tract to the City,
3. Services Provided
The City will, upon annexation, make available only existing City services to the extent currently
available, including municipal water service, municipal sewer service, police protection, and fire protection, to
the VANDERMOLEN ANNEXATION, as provided in this Agreement.
4. Municipal Water Service Defined
The tcrm "municipal water service" as is used in this agreement shaIl be the service which is supplied by
the City in accordance with Chapter 13.12, Bozeman Municipal Code, or as may be amended, as well as any
other terms and conditions which apply to the City's provision of this service, The tern) does not contemplate
the extension of lines or construction of necessary improvements at any cost to the City for delivery of water to
and within the VANDERMOLEN ANEXATION. Nothing in this ^greement shall obligate the City to pay for
right-of.-way acquisition, engineering, construction, and other costs for thc delivery of water to or within the
VANDERMOLEN ANNEXATION to include, but not limited to, any impact fees, hook-up, connection, or
development charges which have been or may be established by the City,
5. Municipal Sewer Service Defined
The tenn "municipal sewer service" as is used in this Agreement shall be the service which is supplied
by the City in accordance with Chapter 13.24, Bozeman Municipal Code, or as may be amended, as well as any
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other temlS and conditions which apply to the City's provision of this service. The ternl docs not contemplate
the extension of lines or construction of necessary improvements at any cost to the City for collection of sewage
at and within the VANDERMOLEN ANNEXATION. Nothing in this Agreement shall obligate the City to pay
for right-of-way acquisition, engineering, construction, and other costs for the collection of sewage services to
or within the VANDERMOLh'N ANNEXA TION to include, but not limited to, any impact fees, hookup,
connection, or development charges which may be established by the City.
6. Watcr Rh.!hts
The parties acknowledge the following City policy:
Prior to annexation of property, it shall be the policy of thc City of Bozeman to acquire usable water
rights, or an appropriate fee in lieu thereof~ equal to the anticipated average annual consumption of
water by residents and/or users of the property when fully developed, The fee may be uscd to acquire
water rights or for improvements to the water system, which would create additional water, supply
capacity, Except, however, that for any annexation in excess of ten (10) acres, this policy shall be
carried out prior to fInal plat approval of each development phase.
Section 2, No.5, Commission Resolution 3137, Adopted August 19, 1996
The Landowner understands and agrees that they must provide sufficient water rights in accordance
with the City's policy according to the following schedule:
VANDERMOLEN ANNEXATION, consisting of a total of 40.22c:t. acres, prior to final site
plan approval, or filing of any final subdivision plat, whichever occurs first that will create
additional subdivision lots and/or development proposals..
The Landowner shall provide sufficient water rights or cash-in-lieu as calculated by the City in
accordance with its policy at the time of calculation, The Landowner further understands that the City will
calculate thc average annual diversion requirement necessary to provide water to this annexation tract on the
basis of the zoning designation and/or City-approved development for the property at the time such calculation
is made,
7. Comprehensive Watcr and Water Desi2D Rcport
Prior to future development of the property, the Landowner may be required to have prepared by a
Professional Engineer, at Landowner's expense, a comprehensive design report evaluating existing capacity of
sewer and water utilities in the area. The report must include hydraulic evaluations of each utility for both
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existing and post-development demands, and the report findings must demonstrate adequate capacity to serve
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the full development of the land, If adequate infrastructure capacity is not available for full development, the
report must identify necessary system improvements required for full development. The Landowner agrees to
complete at Landowner's expense, the necessary system improvements to serve the full development.
8. Stormwater Master Plan
Landowner understands and agrees that a Stormwater Master Plan for the VANDERMOLEN
ANNEXA110N for a system designed to remove solids, oils, grease, and other pollutants from the runoff from
the public streets may be required to be provided to and approved by the City Engineer at the time of any future
development. The master plan, if required, must depict the maximum sized retention/detention basin location
and locate and provide easements for adequate drainage ways within the area to transport runoff to the
stormwater receiving chmmel(s), The plan shall include site grading and elevation information, typical
stormwatcr detention/retention basin and discharge structure details, basin sizing calculations, and storm water
maintenance plan.
9. Waiver of Ril!ht-to-Protest Special Improvement Districts
Landowner has cxccuted a Waivcr of Right-to-Protest Creation of Spcciallmprovcmcnt Districts for
maintenance of any parks within the annexed area and/or of a City-wide Park Maintenance District, and Waivers
of Right-to-Protest Creation of Special Improvement Districts, which would provide a mechanism for the fair
and cquitable assessment of maintenance costs for such parks, is attached hcreto as Exhibit "A"", and is hereby
incorporated in and made a part ofthis Agreement.
Landowner has further executed a Waiver of Right-to-Protest Creation of Special Improvement Districts
for improvements, including: 1) paving, curb and gutter, sidewalk, and storm water drainage improvements for
Baxter Lane and North 2ih Avenue, and 2) traffic signalization improvements for the intersection of Baxter
Lane and North 2ih Avenue, is attached hereto as Exhibit "8", and is hereby incorporated in and made a part of
this Agrecmcnt.
Landowner agrees that in the event an S.l.D. is not utilized for the completion of these improvements,
the developer agrees to participate in an alternative financing method for the completion of said improvemcnts
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on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the
property, traffic contribution from the development or a combination thereof.
10. Utilitv Easements
The Landowner understands and agrees that utility easements, a minimum of thirty (30) feet in width,
may be necessary for the installation and maintenance of watcr and sewer utility services to the annexed parcel.
The Landowner shall create such easements in locations agreeable to the City during the appropriate
development procedures, but in no event later than the filing of any final plat or site plan review or issuance of a
building permit on the parcel(s).
11. Impact Fces
Landowner and Landowner/Developer hereby acknowledge that annexation and development of their
property will impact the City's existing street, water and sewer infrastructure, and firc scrvice requirements, At
the time new structures apply to the City's Water and Sewer facilitics, the Landowners shall pay all Water and
Sewer Impact Fees, which are due. The Landowner and Landowner/Developer and their successors shall pay all
Fire, Street, Water and Sewer Impact Fees required by chapter 3.24, Bozeman Municipal Code, or as amended,
at the time of application for any permit listed in Section 3.24,050A, 3,24,060A, 3.24.070A, or 3.24,080A,
respectively. If the impact fees currently imposed pursuant to Chapter 3.24 of the Bozeman Municipal Code are
subsequently voided or declared invalid by a court of competent jurisdiction, Landowner agrees to pay the City
fees or assessments established by the City for impact on City services in accordance with a new or revised
Chapter ofthe Bozeman Municipal Code lawfully enacted as a result of such court decision after the date ofthe
court decision, It: prior to enactment of such revised Chapter, the Landowner, applies for any penllit, which
actuates or would have actuated impact fees pursuant to the current Chapter 3,24 of the Bozeman Municipal
Code, the Landowner further agrees to pay at that time, the amount calculated for all such fees based upon the
rates established at the date of this agreement.
If the Court above declares Chapter 3.24 of the Bozeman Municipal Codc invalid, and if Landowner
would have been entitled to a refund under the court's decision but were it not for the sole fact of the Landowner
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paying impact fees because ofthis agreement, then all such impact fees paid prior to the court's decision shall be
held in escrow until a revised Chapter ofthe Code is enacted after the Court's decision,
At the time the revised code is enacted, then all such fees held in escrow shall be released to the city and
the balance, if any, returned to the Landowner and/or Landowner/Developer. All accumulated interest on the
sum held in escrow shall be released to the City or Landowner on the same percentage as the money released to
either party bears to the total sum held in escrow,
Landowner further understands and agrees that any improvements, either on- or off-site, necessary to
provide connection of Annexation Tracts to municipal services which are wholly attributable to the property arc
"project related improvements" as defined in Chapter 3,24, Bozeman Municipal Code, or as amended, and as
such, are not eligible for impact fee credits,
If Landowncr defaults on tbis condition at the time such is to be perfornled, and should default not be
remedied or corrected within thirty (30) days after written notice by City to the Landowner and
Landowner/Devcloper of such default, City may at their option:
A) Declare the amounts owing for impact fees immediately due and payable and City shall
have the right and privilege to take legal action against Landowners for the collection of
such sum, including the entry of any judgment. In addition, the City may, at its option,
enforce payment of such amount by levying an assessment on the premises,
B) Elect any other remedy available to City under the laws of the State of Montana.
C) Any waiver by City of any default shal1 not be construed as a waiver of any subsequent
default.
D) It is agreed that it shall be no defense to the enforcement of this provision by City that
impact fees imposed pursuant to Chapter 3.24 of the Bozeman Municipal Code are
subsequently voided or declared invalid by a court of competent jurisdiction, It is the
express intention of the parties not to be bound by such a declaration or judgment and,
therefore, notwithstanding any judgment either limiting impact fee payments under
annexation agreements to specified amounts, or prohibiting any such payment,
landowner will pay such amount as specified above.
12. Pro!.!ressive Urban Desi2n
The Landowner understands that with annexation of said property it is the intent of the I,andowner and
City that future development will comply with the goals and policies of the Bozeman 2020 Community Plan.
Having recognized the City's coneem for implementation of progressive urban design guidelines outlined in the
Bozeman 2020 Community Plan for both community and neighborhood design, the Landowner understands and
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agrees that with submittal of a preliminary plat application or site plan review application for all or any portion
of the property the future developer shall implement a Master Plan of the land use patterns and types for
development of the property that addresses compatibility with, and sensitive to, the immediate environment of
the site and the adjacent neighborhoods relative to architectural design, building mass and height, neighborhood
identity, landscaping, historical character, orientation of buildings, and visual integration. Said conceptual
master plan is attached hereto as Exhibit "C", and is hereby incorporated in and made a part ofthis Agreement.
13. Additional Terms of Waivers
The parties recognize that these documents shall be filed and of record with the Gallatin County Clerk
and Recorder prior to the sale of any land with the VANDERMOLEN ANNEXA TION. The parties further
agree that the City may file these documents at any time.
14. GoverniOl! Law and Venue
This agreement shall be construed under and governed by the laws of the state of Montana, In the event
of litigation, venue is in the Eighteenth Judicial District Court, in and for County of Gallatin, State of Montana.
15. Attornev's Fees
In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any
of the tenns or conditions of this Agreement, then the prevailing party shall be entitled to reasonable attorney's
fees and costs, to include the salary and costs of in-house counsel including City Attorney,
16. Waiver
No waiver by either party of any breach of any term, covenant or agreement shall be deemed a waiver of
the same or any subsequent breach of this same or any other term, covenant or agreement. No covenant, term or
agreement shall be deemed waived by either party unless waived in writing.
17. Invalid Provision
The invalidity or unenforceability of any provlslOn of this agreement shall not affect the other
provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable
provision were omitted,
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18.
Modifications or Alterations
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No modifications or amendment of this Agreement shall be valid unless evidenced by a writing signed
by the parties hereto.
19. No Assh!nment
It is expressly agreed that the Landowner and/or Landowner/Developer shall not assign this Agreement
in whole or in part without prior written consent of the City,
20. Successors
This Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties hereto
and their respective heirs, successors and assigns,
21. Covenants to Run with the Land
The parties intend that the terms of this Agreement shall be covenants running with the land and shall
not expire at their deaths or upon transfer of ownership ofthe property.
The undersigned Landowner and Landowner/Developer affirms that they have authority to enter into
this Agreement on behalf of their corporation, and to bind the corporation to this Agreement
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and
year tlrst above written.
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Shelley Vance-Gallatin Cc MT MISC 108.00
LAN$uK
By: CARL VANDERMOLEN
ST ATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this Z> day of JqJf It' f/'/''f .' 2005, before me, a Notary Public for the State of
Montana, personally appeared Carl VandemlOlen, known to me to be the person that executed the foregoing
Annexation Agreement, and acknowledged to me that he/she executed the same,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my ofllcial seal the day and year first
above written. 1111111
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STATE OF MONTANA)
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County of Gallatin )
On the /b day of hh/~Q"'C;" , 2005, before me, a Notary Public for the
State of Montana, personally appeared KINGDON GOULD, IV and SANDRA GOULD,
known to me to be representatives of Fairview Investments, LLC, whose names are
subscribed to the within instrument and acknowledged to me that they executed the same
for and on behalf of Fairview Investments, LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on
the day and year first written above,
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Shallav "ano.-GallaUn Co MT MIse 10 09.20A
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CITY o.F BOZEMAN
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By: CHRIS A. KU LSKI, City Manager
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STATE OF MONTANA )
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COUNTY OF GALLATIN )
On this~.L:Jay of LttUl , 2005, bcforc me, a Notary Public for thc state of
Montana, personally appeared Chris Kukuls i nd Robin Sullivan, known to me to the persons described in and
who executed the foregoing instrument as Ci y Manager and Clerk ofthe City Commission respectively, ofthe
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 official seal the day and year first
above written. (-J..... 'i ,...., {/.\
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EXHIBIT 44A"
WAIVER OF RIGHT-TO-PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICT
FOR A CITY-WIDE PARK MAINTENANCE DISTRICT
The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and
more particularly described as follows:
A tract of land being Tract 1 and Tract 2 of Certificate of Survey No. 1256, located in the Northeast
One-Quarter of Section 2, Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin
County, Montana, and being more particularly described as follows:
Beginning at the Northeast One-Quarter Corner of said Section 2, thence North 89045'18" East, along
the north line of said Section 2 a distance of 1323.67 feet; thence South 01037'32" West, along the east
line of said Tract 2 a distance of 1325,75 feet; thence South 89046'22" West, along the south line of said
Tracts 1 and 2 a distance of 1321.20 feet; thence North 01031 '11 " East, along the west line of said Tract
I a distance of ] 325.26 feet to the Point of Beginning, Said tract of land being 40,22 acres, along with
and subject to any and all existing easements.
IN CONSIDERATION of receiving approval for annexation of the subject property from the City of
Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt
of which is hereby acknowledged, and in recoh'1lition of the impact to City parks which will be eauscd by the
development of the above-described property, the owner has waived and do hereby waive for itself, its
sueecssors and assigns, thc right to protcst thc creation of one or more special improvement districts for
maintenance (~f any parks within the annexed area and/or of a City-wide Park Maintenance District, which
would provide a mechanism for the fair and equitable assessment of maintenance costs for City parks, or to
make any written protest against the size or area or creation of the district be assessed in response to a duly
passed resolution of intention to create one or more spccial improvement districts which would include the
above-described property.
This waiver shall be a covenant running with the land and shall not expire with the dissolution of the
corporation, provided however this waiver shall apply to the lands herein descrihed.
The terms, covenants and provisions ofthe Waiver shall extend to, and be binding upon the successors-
in-interest and assigns of the parties hereto,
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DATED this -dL day of
.::Tit1ll-tI.J"o04
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,2005.
LANDOWNER
& JU Jt(
By: CARL VANDERMOLEN
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN
On this 2 S day of J Q If 4 4 /' 'f , 2005, before me, a Notary Public [or the State of
Montana, personally appeared Carl Vandemlolen, known to me to be the person that executcd the foregoing
Annexation Agreement, and acknowledged to me that he/she executed the same.
IN WITNESS WHEREOF, T have hereunto set my hand and affixed my official seal the day and year first
above written.
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Shelley Vanoe-Gallatin Co MT MIse 108.00
STATE OF MONTANA)
:ss
County of Gallatin )
On the /0 day ofr.e 0/l/Q/:z::.. ,2005, before me, a Notary Public for the
State of Montana, personally appeared KiNGDON GOULD, IV and SANDRA GOULD,
known to me to be representatives of Fairview Investments, LLC, whose names are
subscribed to the within instrument and acknowledged to me that they executed the same
for and on behalf of Fairview Investments, LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on
the day and year first written above.
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Notary Public for the State of
Montana
Residing at Bozeman, Montana
Commission Expires:fr!liy 1) ZCD 1-
(Use 4 digits for expiration year)
Shelley Vanoe-Gallatin Co MT MISC
2179445
Page: 16 of 18
02/24/2005 08:20~
108.00
1111111 1111111111111111 1111111111111111111 111111 1111111
EXHIBIT "B"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR BAXTER LANE AND NORTH 27TH AVENUE STREET IMPROVEMENTS
The undersigned owncr ofreal property situated in the County of Gallatin, State of Montana, and more
particularly described as follows:
A tract of land being Tract 1 and Tract 2 of Ccrtificate of Survey No. 1256, located in thc Northcast
One~Quarter of Section 2, Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin
County, Montana, and being more particularly described as follows:
BegiIliling at the Northcast One-Quarter Comer of said Section 2, thence North 89045'18" East, along
the north line of said Section 2 a distance of 1323.67 fcct; thence South 01037'32" West, along the east
line of said Tract 2 a distance of 1325,75 feet; thence South 89046'22" West, along the south line of said
Tracts 1 and 2 a distance of 1321.20 feet; thence North 01031 '11" East, along the west line of said Tract
1 a distance of 1325.26 feet to the Point of Beginning. Said tract of land being 40.22 acres, along with
and subject to any and all existing easements.
IN CONSIDERATION, of receiving approval for aIlilexation of the subject property from the City of
Bozeman, along with thc accompanying rights and privileges and for other valuable consideration, thc rcccipt of
which is hereby acknowledged, have waived and do hereby for itself: it's successors and assigns, waive the right
to protest the creation of one or more special improvement districts for improvcments, including: 1) paving,
curb and gutter, sidewalk, and storm water drainage improvements for Baxter Lane and North 21" Avenue,
and 2) traffic signalization improvements for the intersection of Baxter Lane and North 21" Avenue., or to
make any written protest against the sizc or arca or creation of the district to be assessed in rcsponse to a duly
passed resolution of intention to creatc one or more special improvement districts which would include the
above-described property, This waiver shall be a covenant rmilling with the land and shall not expire upon the
dissolution of thc company provided however this waiver shall apply on Iy to the lands herein described.
The terms, covenants and provisions of the Waiver shall extend to, and bc binding upon the successors
and assigns of the parties hereto.
DA TED this -2..::L- day of
J CII h L(, tt "" 'T'
/
,2005.
I Vandermolen Annexation Agreement
16
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Palle: 17 or 18
02/24/2006 09:20A
108.00
Shelley Vance-Gallatin Co MT MISC
LANDOWNER
f!/ /Ud
By: CARL VANDERMOLEN
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN
On this 2.. S' day of Jt; 1ft( 9/' r ' 2005, hefore me, a Notary Public for the State of
Montana, personally appeared Carl Vandermolen, known to me to be the person that executed the foregoing
Annexation Agreement, and acknowledged to me that he/she executed the same,
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my offIcial seal the day and year first
above written"
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Notary Public for the State of Montana I
Residing at Be Z~ "., '" 11, /Vl c"1 '1"t; H f
My Commission Expires: Milt'. 7-, 701:) "1
(Use 4 digits for expiration year)
I Vandermolen Annexation Agreement
17
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Shelley Vlnoe-Glllatin Co MT MISC 108.00
..,.,.
GOULD,
airvicw Investments LLC
STATE OF MONTANA)
:ss
County of Gallatin )
On the & day ofG&l/tf'/ V, 2005, before me, a Notary Public for the
State of Montana, personally appeared K(NGDON GOULD, IV and SANDRA GOULD,
known to me to be representativcs of Fairview lnvestments, LLC, whose names are
subscribed to the within instrument and acknowledged to me that they executed the same
for and on behalf of Fairview Investments, LLC.
IN WITNESS WHEREOF, I havc hcreunto sct my hand and affixed my seal on
the day and year first written above.
(Seal)
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Notary Public for the State of
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Commission Expircs:!11Q Y' 7. zoo 7
(Use 4 digits for expiration year)