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Home My WebLink About05- Walker Property Annexation Agreement I\~~' j THIS AGREEMENT nude and entercd into this D- an 09 tt)... .;; "'" -... --II) ,.... 0 ~ CO-~ ..e') ..... ::: N:~ iiiiiiiiiiii 09 !!!!!!!!!!!!!!! 09 -~ iiiiiiiii iiiiiiiii - =0 -... -... ==:0:: =.... -:0:: - =0 !!!!!!!!!!!!!!! 0 :: iiiiiiiiiiii ~ iiiiiiiiiiii ... -.. =CJ !!!!!!!!!!!!!!! J. _0 =1: !!!!!!!!!!!!!!! ~ iiiiiiiiiiii ,. -= -. !!!!!!!!!!!!!!! .I: _Ill ANNEXATION AGREEMENT LOT tAl. BLOCK 4, WALKER PROPERTY ANNEXATION 7th March day of ~~, by and 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 59771-1230, hereinafter referred to as "City," and Stiff Cheese, LLC, 225 East Mendenhall Street, Bozeman, Montana 59715, hereinafter referred to as "Landowners." WI'lNESSEIH: WHEREAS, the Landowners, arc owners in fee of a tract of certain real property, hereinafter rcferred to as the "LOT lAI, BLOCK 4, W;\LKI<:R PROPERTY ANNEXATION," a lot situated in Gallatin County, Montana, and morc particularly JesnibeJ as follows: Lot tAl, Block 4, Walker Property Subdivision, located in the NE 1/4 of the SE % of Section 26, TIS, R5E, Gallatin County, Montana. WHEREAS, thc l,andowners have petitioned the City for annexation of said lot; and WHEREAS, LOT lAl, BLOCK 4, WALKI':R PROPI-:RTY ANNEXATION is not within the corporate limits of the City or other municipality and may therefore be annexed to the City in accordance with the p1"Ovisions of this Agreement and M.C.A. Title 7, Chapter 2, Part 46; and WHEREAS, all parties rccogni7:c that the annexation of the ] ,OTl A 1, BLOCK 4, WALKER PROPI':RTY ANNEXATION pursuant to Section 7-2-4601, 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 7-2-46 provides that a municipality and landowners can agree to the provisions of services to the area to be annexed; and Lot 1 AI, Block 4, Walker Property Annexation Agreement "- It) 0 rt) <0 .-; 10-0 Oo-U> ...... 0 g CON!.':,' .... .. ~ m.... N:~ iiiiiiii 0 !!!!!!!!!!!!!!! ~ -3: !!!!!!!!!!!!!!! iiiiiiii - =U -'" _E =~ - =0 !!!!!!!!!!!!!!! u === .5 -- iiiiiiii ~ iiiiiiii - -- =e> !!!!!!!!!!!!!!! J. _0 =r:: !!!!!!!!!!!!!!! ~ iiiiiiii "" -~ iiiiiiii .. !!!!!!!!!!!!!!! ~ -'" WHEREAS, the: City's present water supply and sewer collection system is insufficient to enable it to supply reasonably adequate water and sewer service to additional customers outside: the present city boundaries; and WHEREAS, all parties recog111ze: that the devdopmcnt of the LOT tAl, BLOCK 4, WALKER PROPER'1Y ANNEXATION wil1 Impact area streets and that future improvements may require additional public street improveme:nts for traffic circulation; and WHEREAS, the Landowne:rs wish to convey to the: (:ity certain water rights or take: some: equivalent action to provide water and se:wer service to the: LOT 1 A 1, HI,O(]( 4, W ALI<ER PROPERlY ANNEXATION; and WHEREAS, the Landowners find that this Agreement will provide for the most satisfactory and dependable water supply and sewe:r supply or service available to furnish wate:r and wastewater colkc:tion, and provide: traffic circulation for dcvdopment near and within the L<JT IAI, BLOCK 4, WALKER PROPERlY ANNEXATION; and WHEREAS, the making and pe:rformance of this Agre:eme:nt is de:sirable to promote the de:velopment of the most adequate: watc:r supply, wastewater col1ection and traffie: e:ire:ulation pattern for the City as it now exists and as it is re:asonably expected to enlarge:; and WHEREAS, the se:curing of an adequate wate:r supply, wastewater collection, and traffic systems by the City is nece:ssary and of mutual advantage: to the: parties hereto; and WHEREAS, the: partie:s have determined that it is in the: best interests of the City and the Landowne:rs, and in furthe:ranee of the public he:alth, safety and welfare of the community, to enter into and implement this Agreement. IN CONSIDERATION of the mutual covenants and agre:e:me:nts he:re:in containe:d, the: parties hereto agre:e: as follows: 1. Recitals The above re:citals are true and corre:ct. Lot 1 A 1, Block 4, Walker Property Annexation Agreement 2 11. It) Gl tl'),., .;; ..,.. ~ Gl -_Ul ,.... 0 ~ CO(f)~ --t'> ~::: N~~ iiiiiiiiiiiiiii Gl ~~ =,., =01 - - iiiiiiiiiiiiiii - =u -UJ -... _E -Ii: - =0 ~U ===~ ===.. -- iiiiiiiiiiiiiii - -- =e> ~.:, _0 =1: ~;:. iiiiiiiiiiiiiii ,.. -. =- iiiiiiiiiiiiiii .. ~.c:. _UJ 2. Annexation The Landowners filed an application for annexation of the LOT 1 A 1, BI _OCK 4, WALKER PROPERlY ANNEXATION with the City. The City, on July 26, 2004, acknowledged the Petition for Annexation and acknowledged the Staff Report for the LOTIA 1, HI DeK 4, WALKER PROPERLY ANNEXATION. By acknowledgement, the City has manifested its intention to annex the lot pursuant to the terms and conditions of this Agreement. Subject to the provisions of Title 7, Chapter 2, Part 46, the City shall, upon execution of this Agreement, adopt a Resolution of Annexation of the LOT lA1, BLOCK 4, WALKER PROPERLY ANNEXATION to the City. Further, upon the execution of this Agreement, the I,andowners, shall do all things necessary and proper to aid and assist the City in carrying out the terms, conditions and provisions of this Agreement and effectuate the annexation of said lot 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 LOT lAI, BLOCK 4, WALKER PROPERTY ANNEXATION, as provided in this Agreement. 4. Municipal Water Service Defined The term "municipal water service" as is used in this agreement shall be the service which is supplied by the City in accordance with Chapter 13.12, Bozeman Municipal Code, or as fllay be amended, as well as any other terms and conditions which apply to the City's provision of this service. The term does not contemplate the extension of lines or construction of necessary improvements at any cost to the City for delivery of water to and within the] ,0'1' 1 A 1, HI DCI( 4, WALKER PROPER'1Y ANNEXATION. At the time of water service connection, the property owners shall pay the fair pro-rata share of costs incidental to the extension of the Bozeman Solvent Site water main. Nothing in this Agreement shall obligate the City to pay for right-of-way Lot 1 A 1, Block 4, Walker Property Annexation Agreement 3 "- It) ~ IV') <0';; acquisition, eng11leenng, construction, and other costs for the delivery of water to or within the .'" - '" Ul/II "- IP ,... 0 g CO"'~ LOT IA1, BLOCK 4, WALKER PROPERTY ANNEXATION to include, but not limikd to, any .... it ~ ..- N~ g: impact fees, hook-up, connection, or development charges which have been or may be established iiiiiiiiiii '" !!!!!!!!! ~ _ ~ by the City. iiiiiiiiiii -u 5. -ell _E =~ - =0 !!!!!!!!! u iiiiiiiiiii .s =- iiiiiiiiiii ~ iiiiiiiiiii .... -- =0 !!!!!!!!! J. _0 =<= !!!!!!!!! ~ iiiiiiiiiii >- -. =- -- -~ _ell Municipal Sewer Service Defined The term "municipal sewer service" as is used in this Agreement shall be the service which is supplied by the City in accordance with Chapter 13.24, Bozeman Municipal Code, or as may be amended, as well as any other terms and conditions which apply to the City's provision of this serv1ce. The term does not contemplate the extension of lines or construction of necessary improvem,ents at any cost to the City for collection of sewage at and within the LOT IAI, BLOCK 4, WALKER PROPERlY 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 LOT 1AI, BLOCK 4, WALKER PROPERTY ANNEXATION to include, but not limited to, any impact fees, hookup, connection, or development charges which may be established by the City. 6. Water Rights '1'he parties acknowledge the following City policy: Prior to annexation of property, it shall be the policy of the City of Bozeman to acquire usable water rights, or an appropriate fee in lieu thereof, equal to the anticipated average annual consumption of water by residents and/or users of the property when fully developed. The fee may be used to aClluire 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 Landowners have paid cash in-lieu of water rights in the amount of $1)0&1 . ~1 . Lot lAl, Block 4, Walker Property Annexation Agreement 4 It) ~ tt)... .;j ..,,~S --on ,.... 0 ~ COon~ --<'> ..... ~ ..- N.w D.O iiiiiiiiiiiiii 0 _0 -. =<0 iiiiiiiiiiiiii Ol iiiiiiiiiiiiii iiiiiiiiiiiiii - =0 -'" -... :0;: =1- -:0;: - =0 ~o -I: ~- -~ -. - -- -. =0 -' -. _0 =1: -.. -> iiiiiiiiiiiiii >- -. =- iiiiiiiiiiiiii .. ~-C -'" 7. Comprehensive Water and Water Design Report Prior to future development of the property, the Landowners may be required to have prepared by a Professional Engineer, at Landowners' expense, a comprehensive design report evaluating existing capacity of sewer and water utilities in the area. The report must include hydraulic evaluations of each utility for both existing and post-development demands, and the report findings must demonstrate adequate capacity to serve the full development of the land. If adequate infrastructure capacity is not available for full development, the report must identify necessary system improvements required for full development. The Landowners agree to complete at Landowners' expense, the necessary system improvements to serve the full development. 8. Future Development Limitations The future developer will be responsible for installing any facilities required to provide full municipal services to the property in accordance with the City's Infrastructure Master Plans and all city policies and guidelines that may be in effect at the time of development. Thus, I,andowners understand and agree that there is no right, either granted or implied by the City, for the Landowners to develop any of the LOT lA 1, BLOCK 4, WALKER PROPERlY ANNEXATION until it is verified by the City that necessary municipal services, including but not limited to police and fire protection, and sewer and water capacity, are available to all or a portion of the LOT lAl, BLOCK 4, WALKER PROPERlY ANNEXATION. 9. Stormwatcr Drainage and Grading Plan I,andowners understand and agree that a Stormwater Drainage and Grading Plan for the LOT 1Al, BLOCK 4, WALKER PROPERlY ANNEXATION for a system designed to remove solids, oils, grease, and other pollutants from the runoff from the public streets may be required to be provided to and approved by the City Engineer at the time of any futul'e development. 'I 'he plan, if required, must demonstrate that: adequate treatment of runoff from the subject annexation will be achieved by provicling spot elevations, flow direction arrows, detention and / or retention basin Lot 1 A I, Block 4, Walker Property Annexation Agreement 5 D- It) '" tt) '" .;; .ft .- a -_10 ,... 0 g CO'" ~ .... . ~ ..- N:~ iiiiiiiiiiiiiii a !!!!!!!!!!!!!!! a ='" iiiiiiiiiiiiiii m !!!!!!!!!!!!!!! iiiiiiiiiiiiiii - =0 -III _E ;;;;;;; ~ - =0 !!!!!!!!!!!!!!! u ===.!:; -oJ iiiiiiiiiiiiiii ~ iiiiiiiiiiiiiii .... -.. =0 !!!!!!!!!!!!!!! ~ _0 =r: !!!!!!!!!!!!!!! ~ iiiiiiiiiiiiiii >- -. =- -- -:. _III details (including basin sizing calculations and basm typical sections), outlet structure details, and culvert capacity calculations. 10. Traffic Analysis Report Landowners understand and agree that a detailed Traffic Analysis Report(s) may be required to be submitted at the time of future development of any portion of the annexed property. 11. Waivers of Right-tn-Protest Special Improvement Districts I.andowners have executed a Waiver of Right-tn-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 mechanism for the fair and elluitablc assessment of maintenance costs for such parks. Said Waiver is attached hereto as Exhibit "A" and is hereby incorporated in and made a part of this Agreement. Landowners have also executed a Waiver of Right-to-Protest Creation of Special Improvement District, which would provide a mechanism for the fair and equitable assessment for street improvements to North 19th Avenue including, but n(lt limited to, paving, curb and gutter, sidewalk, and storm drainage improvements. Said Waiver is attached hereto as Exhibit "B" and is hereby incorporated in and made a part of this Agreement. Landowners agree that in the event S.l.D.s are not utilized for the completion of these improvements, the developer agrees to participate in an alternative financing method for the cOlTlpletion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution frotu the development or a combination thereof. 12. Utility Easements The landowners understand and agree that utility easements, a minimum of thirty (30) feet in width, may be necessary for the installation and maintenance of water and sewer utility services to the annexed parcel. The I.andowners shall create such easements in locations agreeable to the City Lot lAl, Block 4, Walker Property Annexation Agreement 6 It) ~ tI')... c<i UJ~lSl -II) I"O~ CO....~ .... . :! 1II_ N:~ lSl lSl ... 01 =u -'" - E ---~ - 8 !:i -... ---- = -- =... ~~ _0 c ~ >- . = ~1 -'" 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). 13. Impact Fees The I,andowners hereby acknowledge that annexation and development of his property will impact the City's existing street, water and sewer infrastructure, and fire service requirements. At the time new structures apply to the City's Water and Sewer facilities, the Landowners shall pay all Water and Sewer Impact Fees which are due. The Landowners and their successors shall pay all Fire, Street, Water and Sewer Impact Fees required by chapter 3.24, Bozeman Municipal Code, or as amended, at the time of application for any permit listed in Section 3.24.050A, 3.24.060A, 3.24.070A, or 3.24.080A, respectively. If the impact fees currently imposed pursuant to Chapter 3.24 of the Bozeman Municipal Code arc subsequently voided or declared invalid by a court of competent jurisdiction, Landowners agree to pay the City fees or assessments established by the City for impact on City services in accordance with a new or revised Chapter of the Bozeman Municipal Code lawfully enacted as a result of such court decision after the date of the court decision. If, prior to enactment of such revised Chapter, the J _andowners apply for any permit which actuates or would have actuated impact fees pursuant to the current Chaptcr 3.24 of the Bozeman Municipal Code, the Landowners further agree to pay at that time, the amount calculated for all such fees based upon the rates established at the date of tllls agreement. If the Court above declares Chapter 3.24 of the Bozeman MUlllcipal Code invalid, and if landowners would have been entitled to a refund under the court's decision but were it not for the sole fact of the landowners paying impact fecs because of this agreement, then all such impact fees paid prior to the court's decision shall be held in escrow until a revised (:hapter of the Code is enacted after the Court's decision. Lot lAl, Block 4, Walker Property Annexation Agreement 7 It) ~ tt) <0 .;; &a-0Sl ....11) ,... 0 3 CQlD ~ ".~ N:Ui o..OSl iiiiiiiiii 0Sl ~0Sl =<0 ~D1 iiiiiiiiii iiiiiiiiii - =0 -11> _E ;;;;;;;;; IE: - =0 ~o ===:5 -~ -. == -. ='" ~~ _0 =<: ~~ iiiiiiiiii ,. -. =.... iiiiiiiiii .. ~~ _11> A t 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 landowners. All accumulated interest on the sum held in escrow shall be released to the City or landowners on the same percentage as the money released to either party hears to the total sum held in escrow. 1.andowners further understand and agree that any improvements, either on or off-site, necessary to provide connection of Annexation Tracts to municipal services which arc wholly attributable to the property arc "project related Unprovements" as defined in Chapter 3.24, Bozeman Municipal Code, or as amended, and as such, arc not eligible for impact fee credits. 1 f ] _andowners default on this condition at the time such is to be performed, and should default not he remedied or corrected within thirty (30) days after written notice by City to Landowners of such default, City may at their option: A) Declare the amounts owing for impact fees immediately due and payable and City shall havc the right and privilege to take legal action against I,andowners for the collection of such sum, inclucling 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) hlect any other remedy available to City under the laws of the State of Montana. C) Any waiver by City of any default shall not he 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 Unposed pursuant to Chapter 3.24 of the Bozeman Municipal Code arc subsequently voided or declared invalid by a court of compctentjurisdiction. It is the express intention of the patties 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, landowners will pay such amount as specified above. 14. Additional Terms of Waivers The parties recobrni7c that thcse documents shall be filed and of record with the Gallatin County Clerk and Recorder prior to the sale of any land with the I DTI ;\ 1, HT ,OCK 4, W ALl<,:__ER PROPI ':R1Y ANNEXATION. The parties further agree that the City may ftle these documents at any tUnc. Lot 1 AI, Block 4, Walker Property Annexation Agreement 8 It) g; ('t) .. .;; .",,~OSII .,... - II> ...... 0 g COm~ .... . ~ ..- N:~ -OSII -~ ~ iiiiiiiiii - =0 -<B -~ -~ - 8 -.5 -- ---~ .. =0 ~~ _0 =~ -> -> -. ..... iiiiiiiiii .. ~.c:. _<B 15. Governing 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 (-;'allatin, State of Montana. 16. Attorney's Fees In the event it becomes necessary for either party to tllls Agteement to retain an attorney to enforce any of the terms or conditions of this Agreement, then the prevailing party shall be entitled to reasonable attorney's fees and costs, to include the salary and costs of in-house counsel including City ;\ ttorney, 17. 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. 18. Invalid Provision The invalidity or unenforceability of any provIslon 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. 19. Modifications or Alterations No modifications or amendment of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto. 20. No Assignment It is expressly agreed that the I,andowners shall not assign this Agreement in whole or in part without prior written consent of the City. Lot 1 A 1, Block 4, Walker Properly Annexation Agreement 9 0- Il) ~ tI') ~ .<i a lD -0 U) ...... a g CO-~ ...., .... ::::: N::g -a -~ _3: iiiiiiiiiii iiiiiiiiiii - =0 ==~ ===:0:: -~ - _8 -I: -~ iiiiiiiiiii ~ iiiiiiiiiii - _If =0 !!!!!!!!!!!!!!! ~ _0 =1: !!!!!!!!!!!!!!! ~ iiiiiiiiiii >- -. =- ---- .. !!!!!!!!!!!!!!! r. -II> 21. 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. 22. Covenants to Run with the Land The parties intend that the terms of this Agreement shall be covenants running with the land and shall not expire at their deaths or upon transfer of ownership of the property. The undersigned Landowners afflrm that they have authority to enter into this Agreernent , ' 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 first above written. STA TE 0 F I\} --\-- ) :ss County of ~,I~"A^Cvl.-, On this It day of f\J (; / , 2004, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Tony Stiff, known to me to be the managing member of Stiff Cheese, LLC, the corporation that executed the within instrument, and acknowledged to me that he executed the same for and 011 behalf of said corporation. TN WTTNESS WHI-mEOF, T have hereunto set my hand and affixed my Notarial Seal the day and year first above written. u)L(cLGl{lk-~_ ) n;~lC;;""(~L~.~] ,) '" .t Notary Public for the State of Montana Residing at 1.t?..)(iL--€-1"V'f\;..l.....) , Montana My Commission I ~xpires 1 - l' ~o \Jl (Use four digits for expiration year) ~ '. . ' '. C""'\~:< L' Lot 1 A 1, Block 4, Walker Property Annexation Agreement 10 It) ~ rt)~.;; Q 10'010 ...... - ~ co-~ .... . !' ..- N~~ iiiiiiiiiiiiii ... !!!!!!!!!!!!!!! l5! === 3: === iiiiiiiiiiiiii - =0 -'" -~ -=~ - =0 !!!!!!!!!!!!!!! 0 -c !!!!!!!!!!!!!!! .- -~ ===~ --- -- =<!> !!!!!!!!!!!!!!! Jt _0 =c ~~ iiiiiiiiiiiiii >- -. =-- iiiiiiiiiiiiii .. ~~ -'" LANDOWNER ~,p~ Mitch Hillis Managing Member, Stiff Cheese, LLC -, STATE oFi\.;~T ) ." , ,:ss County of (j ~U ~ ) On this ~ \ day of ~ ") 0 ~, 2004, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Mitch Hillis, known to me to be the managing member of Stiff Cheese, LLC, the corporation that executed the within instrument, and acknowledged to me that he executed the same for and on behalf of said corporation. IN WITNESS WHERI-<:C)F, I have hereunto set my hand and affixed my Notarial Seal the day and year fUst above written. ).) LltuLlLl,-<.(c . ".. ,', l~tJ'1 ,) :' (' . '. . '. ". . '( , .\ [ .1,_ ':('".J Notary Public ti~r the State o~ Montana ReSldl11g at V:';}L'cOl"Y\!"'< . J , Montana My Commission 1 ~xpires I - 1- 2o(Y7 (Use four digits for expiration year) Lot 1 AI, Block 4, Walker Property Annexation Agreement 11 It) ~ rt)~.-; Gl &D'OIO ,.... N ~ CO-~ .... .. ~ 111- N~~ iiiiiiiiiiiiiii lSl ~lSl =<D -cJl iiiiiiiiiiiiiii - iiiiiiiiiiiiiii - =0 -en _E =~ - =0 ~O -~ ==.. == -- =CJ ~.:. _0 =1: ~~ iiiiiiiiiiiiiii ,. -. =.... iiiiiiiiiiiiiii .. ~.r: -'" CITY OF BOZEMAN ~A~~ " ; ,,~.!.~t{'~'A . .....;<I.~ cl' \ "1 ./) \ ..... ATTEST:', ,'.., ... , ~J~ Robin Sullivan tn" ~,.' :..;- , Clerk of the (~ity \:".h)mrni.s,.~ion . ..1 , 'i. , ~ r Chris Kukulski City Manager STATE OF MONTANA ) :ss C:OUN'JV ()li GALLATIN ) On this ~ day of /YI(}.ycl-1.. , 200~ before me, a Notary Public for the state of Montana, personally appeared Chris Kukulski and Robin Sullivan, known to me to the persons described in and who executed the foregoing instrument as City Manager and Clerk of the City Commission respectively, of the City of Bozeman, whose names are subscribed to the within instrument and acknowledged to me that they executed the same for and on behalf of said City. IN WITNESS WHI-mEOr, I have hereunto set my hand and affixed my official seal the day and year first above written. " '-~' S-bAf1< . ,.' /'\ 11 ", <';. '.o' /' ~," ~ 0, .... .~, , , l · ~ ....... t , . h.. ;I> ~ C'>, , " ,,", ;;:0 !;C '~ ". ), ~-.. t::' ':"A, .... ~ A.. ......::::: ~'/",1 ~~t. t .... ,...~,... , "f .";" II.. "'" '.... \\ '; ~ ~ ~eAlI~"- . '~ -T-' .{J.,FI IV1 Notary Public for the State of Montana Residing at ~L(MC"('-Y\.. , Montana My Commission hxpires 3/ Z 5/2(.)/)'7 (Use four digits for expiration year) EXHIBIT "A" Lot 1 A 1, Block 4, Walker Property Annexation Agreement 12 'A" D.. It) ~ tt)~,.;; "" Ul '0 an r--- ... g co- ~ ..... "1""'1 :::: N:~ iiiiiiiiiiii "" !!!!!!!!!!!!!!! ~ ===~ ~ iiiiOiiiiiii - =0 -Ul _E =... -E - =0 !!!!!!!!!!!!!!! 0 -c ~:: iiiiiiiiiiii ~ iiiiiiiiiiii -< -. =C1 !!!!!!!!!!!!!!! ~ _0 =c !!!!!!!!!!!!!!! ~ iiiiiiiiiiii ,. -~ -. !!!!!!!!!!!!!!! .c: _Ul WAIVER OF RIGHT-TO-PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICT FOR A CITY-WIDE PARK MAINTENANCE DISTRICT LOT tAl. BLOCK 4. WALKER PROPERTY ANNEXATION The undersib>1le::d owner of the real property situated in the County of Gallatin, State ()f Montana, and more particularly de::scrihe::d as follows: Lot lAl, Block 4, Walke::r Prope::rty Subdivision, Gallatin County, Montana IN CONSIDERATION of rece::iving approval for anne::xation of the subject property from the City of Bozeman, along with accompanying rights and privileges and for other and valuable:: consideration, the:: re::ceipt of which is hereby acknowledged, and in recognition of the impac::t to City parks which will be caused by the developrn.ent of the above-described property, the:: owne::r has waived and do hereby waive for itself, its succe::ssors and assib>1ls, the right to protest the creation of one or more:: spe::cial improvement districts for m:linten:mce of :my p:lrks within the annexed :lre:l :md/or of a City-wide P:lrk M:linten:lnce District, which would provide a rnechanism for the fair and equitable:: assessment of maintenance costs for City parks, or to make any written protest against the size or are::a or cre::ation of the:: district be assessed in re::sponse:: to a duly passed resolution of inte::ntion to create one or mote special i1nprovement districts which would include:: the above described prope::rty. This waiver shall be a covenant ru1111lng with the land and shall not expllT with the dissolution of the:: corporation, provided however this waiver shall apply to the lands herein described. The terms, cove::nants and provisions of the:: Waive::r shall e::xtend to, and be binding upon the:: succe::ssors-in-interest and assigns of the parties hereto. DATED this 1L- day of ~o.J ,2004. Lot 1 A 1, Block 4, Walker Property Annexation Agreement 13 0.. It) . ~ rt)~.;; o UJOIl> .... .... : ca-~ --<'I .... :. ::: N:~ ~o ~~ ==3: - ~ ~ - =0 -ell -~ -=~ - =0 ~o ===~ ==.. !!!!!!!!!!!!!!! ..... -..... -.. =0 !!!!!!!!!!!!!!! ~ _0 =<= ~~ ~,.. -. =..... ~~ ~.s.: _ell STA TE OF ^--AA:- ) :ss County of C~u L({'u~ On this 11 day of k) l\ I , 2004, before me, the undersigne::d, a Notary Public for the State:: of Montana, personally appeare::d Tony Stiff, known to me to be:: the co- managing me::mber of Stiff Cheese, LLC, thc corporation that executed the within instrume::nt, and acknowledge::d to rn.e that he executed the:: same for and on bchalf of said corporation. IN WITNESS WHEREOr, I have he::rcunto set my hand and affixed my Notarial Seal the day and year first above writte::n. . ~,..' .",.'t"~rlr" .' '."" ".,-- \) 00 C J..:...... ., ,,, 'I '., "",. ; :,.4 ,-. lI'~ . (ShAL~ ~ . ,}! '. \ " t \,' ,) i 1 ~ \... . , ~ " , fJ. i'u\O--J-(.Lc~ \"'" \,-:. Notary Public for the State of Montana Residing at 2)t,Lce V-WVv-.- , Montana My Commission Expircs 1- (- )-{' .' -'7 (Use four digits for e::xpiration year) , . " .' STATE OF A .\.+ LANDOWNER -;,.~~~ Mitch Billis Co-managing Member, Stiff Che::e::se::, 1 X,C .. :ss County of ~Jl\lJC1"1f1.~ ) On this I \ day of ~ i 0. v/ , 2004, before me, the undersigned, a Notary Public for the State:: of Montana, personally appeared Mitch Hillis, known to me to be the co- managing lTlembe::r of Stiff Chee::se, LLC, the corporation that executed the within instrument, and acknowledged to me:: that he execute::d the same for and on behalf of said corporation. IN WITN nss WHEREOF, I have he::re::unto set my hand and affixe::d my Notarial Seal the day and year fust above writte::n. ..' ~ w .,... ,~.. I ",,"',~ l\ 0 0 0 C~"~"" , . ~ \' : II; -1l .' iI ,,;. '," ,', ~ ~. ~: '" I r:)~ ',. "'~ , {(~ F.Al.\ c"t\1.-. - u: - ~J,"'" ,J "",,: ~" ~ ~: 'l" , I' ... / ..........<., ,/ .." ~' " IV-. }.A CA(,lcLt '~ Notary Public for the State of Montana Residing at 17:) CLcf\J\.A..-0 , Montana My Commission Expires I - 1 ~ ~D () 7 (Use four digits for e::xpiration year) " '! \,... Lot 1 A 1, Block 4, Walker Property Annexation Agreement 14 0.. It) CSI fI') ~ Pi CSI IO~U) ,.... If) ll: ClQ~ ~ u<') ~&::: N~~ ~CSI !!!!!!!!!!!!!! CSI ===~ - !!!!!!!!!!!!!! ~ - =0 -CI) _E -li: - =0 !!!!!!!!!!!!!! 0 -<:: ~~ ~~ ~- -.. =0 !!!!!!!!!!!!!! ~ _0 =<:: !!!!!!!!!!!!!! ~ ~> -~ -. !!!!!!!!!!!!!! .c. _CI) " EXHIBIT "B" WAIVER OF RIGHT-TO-PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICT FOR NORTH 19TH AVENUE LOT tAl. BLOCK 4. WALKER PROPERTY ANNEXATION The undersigned owners of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Lot 1A1, Block 4, Walker Property Subdivision, Gallatin County, Montana IN CONSIDERATION of receiving approval for annexation of the subjcct property from the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the impact to Nortll 19h Avenue, which will be caused by the development of the above-described property, the owncr has waived and do hereby waive for itself, its successors and assigns, the right to protest the creation of one or more special improvement districts for North 19" Avenue including, but not limited to, paving, eurb and gutter, ..,idewalk, and storm drainage improvements 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 lTlOre special improvement districts which would include the above"described property. 'fhis waiver shall be a covenant running with the land and shall not expire with the dissolution of the limited partnership, provided however this waiver shall apply to the lands herein described. The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the successors-in interest and assigns of the parties hereto. DATED this 12- day of ,202!:!-. ,.....{ou Lot 1 A 1, Block 4, Walker Property Annexation Agreement 15 .... 1 TN WiTNESS WHEREOF, T have hereunto set my hand and affixed my Notarial Seal the - CII ,,d~y and year fIrst above written. () u \ , ('1" '\11, ':'~ -1' ,; j"" 1~1-' ..:;: , "l '/ ,,,: '"I I ,,,is, EIAL) ~'''.''\''t'" ~:" ' . "'., ,.I -.~',.. f .\..'--' ~,~ ',,:," \ II,' . "'~l:" " D- an e rt)~ ,;; .0 lOa UJ ,.... .., g CO~~ ..... .... &:::: N::g ... ~ 3: -~ E :.: ~o u .!'i ~~ .... -- ==Cf ~. _0 r: ~~ ---- ,. -. " LANDOWNER ./' /'/ Tony Stiff [./ Co-managing Member, Stiff Cheese, J J .c: STATE 0 F j~A.-\- ) :ss / 1\" County of \')!-\\..$. t,- .~ ) On this ~ day of " -; \; ( , 2004, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Tony Stiff, known to me to be the eo- managing member of Stiff Cheese, TJ ,C, the corporation that executed the within instrument, and acknowledged to me that he executed the same for and on behalf of said corporation. L' \,\ l\ I' , Il( Notary Public for the State of Montana R 'd' ) " ,,\ eSl 111g at L.Jl,'l,{' t\ ") , Montana My Comrpission Expires \ - 1-"'1(';)/ (Use four cligits for expiration year) SrL"'^TL' (-)1<' :" \ .j", ,'"\(..l) L ." r~ '. \~ ~,.,).....-"'\ ,.n LANDOWNER '---;?)'J/vCn, I~,-t th ' Mitch Hillis Co-managing Member, Stiff Cheese, LLC :ss County of (:. \,",\cvl-v'" ) On this I$ day of t\) >J, 2004, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Mitch Hillis, known to me to be the co- managing member of Stiff Cheese, LLC, the corporation that executed the within instrument, and ,,""~d~wledgecJ to me that he executed the same for and on be::half of said corporation, , i. t. 0 0 O"~" " I"~ ,('~N, WFNESS WHEREOF, I have hereunto set my hand and affD,ed tuy Notarial Seal the ,: ,,(-' r.;"day anq yel f,st above:: written. :D t'(, ," : "'" , 1...1' - .. ,.' " . (SEAL) \ , \ I \ . ),/IAC\C\ C,(, 1.\,---, Notary Public for the State:: of Montana Residing at ~ XJi bl'- A"I\.,--0 , Montana My Commission 1 ~xpires \ - \ '2 c: L:' (U se four digits for e::xpi.ration year) Lot 1 A 1, Block 4, Walker Property Annexation Agreement 16