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HomeMy WebLinkAbout05- Walker Property Annexation Agreement (2) I , .." ,'~:~ ..~ ' LOT 2. BLOCK 5. WALKER PROPERTY ANNEXATION AGREEMENT rt) ~ rt) <') .q UI~lSl ,.... '0 g THIS AGREEMENT made and entered into this 7th day of ~1a rch c:o-~ .-<') N i ~ ~es~, by and between the Gty of Bozeman, a municipal corporation and political subdivision of the --61 ~~ State of Montana with offices at 411 East Main Street, Bozeman, Montana 59771-1230, hereinafter ~ --- _ referred to as "Gty," and Mark Albrecht, DVM, 4969 Durston Road, Bozeman, Montana 59715, -~ i: l- hereinafter referred to as "Landowner." ~E ___ 0 !!!!!!!!!!!!!!! 0 - .5 WITNESSETH: -oJ .. = _ ~ WHEREAS, the Landowner is owner in fee of a tract of certain real property, hereinafter .. _0 r:: !!!!!!!!!!!!!!! ~ referred to as the "LOT 2, BLOCK 5, WALKER PROPERTY ANNEXATION" tract situated in ~ .... 1. Gallatin O:nmty, Montana, and more particularly described as follows: -'" LOT 2, BLOCK 5, Walker Property Subdivision, located in the NE 1f4 of the SE 1J4 of Section 26, TIS, RSE, Gallatin County, Montana. WHEREAS, the Landowner has petitioned the Gty for annexation of said tract of land; and WHEREAS, LOT 2, BLOCK 5, WALKER PROPERTY ANNEXATION is not within the corporate limits of the Gty or other municipality and may therefore be annexed to the Gty in accordance with the provisions of this Agreement and M.CA. Title 7, Chapter 2, Part 46; and WHEREAS, all parties recognize that the annexation of the LOT 2, BLOCK 5, WALKER PROPERTY ANNEXATION pursuant to Section 7-2-4601, et seq., M.CA. will entitle the said property to Gty services, including municipal water and sewer service, upon their availability; and WHEREAS, M.CA. Section 7-2-46 provides that a municipality and landowner can agree to the provisions of services to the area to be annexed; and WHEREAS, the Gty'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 Lot 2, Block 5, Walker Property Annexation Agreement , , r-) ~ r-)C'> .;; .ft~ IS .,... '- on ,..... 0 ~ CON~ pC'> .... :::: N~~ -Ell -~ ~ ~ ~ - =0 -fS1 _E =.... ~E iiiiiiiiiiiiiii 0 ~o -.~ -~ iiiiiiiiiiiiiii ~ - -- =0 ~.:. _0 =r:: ~~ iiiiiiiiiiiiiii ,.. -. =- iiiiiiiiiiiiiii ~ ~L. _fS1 WHEREAS, all partIes recogmze that the development of the LOT 2, BLOCK 5, WALKER PROPERTY 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 Gty certain water rights or take some equivalent action to provide water and sewer service to the LOT 2, BLOCK 5, WALKER PROPERTY 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 traffic circulation for development near and within the LOT 2, BLOCK 5, WALKER PROPERTY ANNEXATION; and WHEREAS, the making and pedormance of this Agreement is desirable to promote the development of the most adequate water supply, wastewater collection and traffic circulation pattern for the Gtyas it now exists and as it is reasonably expected to enlarge; and WHEREAS, the securing of an adequate water supply, wastewater collection, and traffic system" by the Gty 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 Gty and the Landowner, and in furtherance of the public health, safety and welfare of the community to enter into and implement this Agreement. 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 Landowner filed an application for annexation of the LOT 2, BLOCK 5, WALKER PROPERTY ANNEXATION with the Gty. The Gty, on July 26, 2004, acknowledged the Petition Lot 2, Block 5, Walker Property Annexation Agreement 2 , , for Annexation and acknowledged the Staff Report for the LOT 2, BLOCK 5, WALKER t') ~ PROPERTY ANNEXATION. By acknowledgement, the Gty has manifested its intention to t') <'> p; U):: : annex the lot pursuant to the terms and conditions of this Agreement. Subject to the provisions of ..... 0 g CO<'>~ .-I ::: Title 7, Chapter 2, Part 46, the Gty shall, upon execution of this Agreement, adopt a Resolution of N::g ~ Annexation of the LOT 2, BLOCK 5, WALKER PROPERTY ANNEXATION to the Gty. ==== ~ - - ~ - =0 -U) _E =.... ~E ~o ~o -c ~:: -~ -.... -- =Cl -' -- _0 =c -- -> ~,.. -~ ~. ~.s::. _U) Further, upon the execution of this Agreement, the Landowner, shall do all things necessary and proper to aid and assist the Gty in carrying out the temlS, conditions and provisions of this Agreement and effectuate the annexation of said lot to the Gty. 3. Services Provided The Gty will, upon annexation, make available only existing Gty services to the extent currently available, including municipal water service, municipal sewer service, police protection, and fire protection, to the LOT 2, BLOCK 5, 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 Gty 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 Gty's provision of this servlCe. The term does not contemplate the extension of lines or construction of necessary improvements at any cost to the Gty for delivery of water to and within the LOT 2, BLOCK 5, WALKER PROPERTY 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 Gty to pay for right-of-way acquisition, engineering, construction, and other costs for the delivery of water to or within the LOT 2, BLOCK 5, WALKER PROPERTY ANNEXATION to include, but not limited to, any Lot 2, Block 5, Walker Property Annexation Agreement 3 ~ ~ ~"'M .,.. ~ e --Ul ...... 0 g CO"'~ .-.., .... . ~ ..- N"Ul as impact fees, hook-up, connection, or development charges which have been or may be established by the Gty. 5. Municipal Sewer Service Defined The term "municipal sewer service" as is used in this Agreement shall be the service which is supplied by the Gty in accordance with Olapter 13.24, Bozeman Municipal Code, or as may be amended, as well as any other tenus and conditions which apply to the Gty's provision of this iiiiiiiiiiiiiii e ~~ _ ~ servIce. The term does not contemplate the extension of lines or construction of nccessary iiiiiiiiiiiiiii - =0 -Ul -.... ==Ii: =1- = Ii: iiiiiiiiiiiiiii 0 ~o iiiiiiiiiiiiiii ~ =~ -" -- iiiiiiiiiiiiiii - -" =<.:1 _I -. _0 =c -" -> iiiiiiiiiiiiiii >- -~ -. ~..c: _Ul improvements at any cost to the Gty for collection of sewage at and within the LOT 2, BLOCK 5, WALKER PROPERTY ANNEXATION. Nothing in this Agreemcnt shall obligate the Gtyto pay for right-of-way acquisition, engineering, construction, and other costs for the collection of sewage services to or within the LOT 2, BLOCK 5, WALKER PROPERTY ANNEXATION to include, but not limited to, any impact fees, hookup, connection, or development charges which may be established by the Gty. 6. Water Rights The parties acknowledge the following Gty policy. Prior to annexation of property, it shall be the policy of the Gty of Bozeman to acquire usable water rights, or an appropriate fee in lieu thereof, equal to the anticipated average annual consumption of water by residents and/ or users of the property when fully developed. The fee may be used to acquire water rights or for improvements to the water system which would create additional water supply capacity. Except, however, that for any annexation in excess of ten (10) acres, this policy shall be carried out prior to final plat approval of each development phase. - Section 2, No.5, Commission Resolution 3137, Adopted August 19, 1996 The Landowner has paid cash in-lieu of water rights in the amount of $ ,] .11/ ,I: I 7. Comprehensive Water and Water Design Report 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 arca. The report must include Lot 2, Block 5, Walker Property Annexation Agreement 4 tt) ~ tt)('O) ,;; UJ~"" _II) ,.... 0 ~ COII)~ --('0) .... . ~ m_ N-II) o..Gl iiiiiiii "" ~~ =CII iiiiiiii r-- iiiiiiii iiiiiiii - =0 -CI) _E =1- ~lE: iiiiiiii 0 ~o iiiiiiii -5 =... iiiiiiii ~ iiiiiiii - -- =0 ~J, _0 =r:: ~~ iiiiiiii ,. -. =- iiiiiiii ~ ~.r; _CI) 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 Landowner agrees to complete at Landowner's 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 Gty's Infrastmcture Master Plans and all city policies and guidelines that may be in effect at the time of development. Thus, Landowner understands and agrees that there is no right, either granted or implied by the Gty, for the Landowner to develop any of the LOT 2, BLOCK 5, WALKER PROPERTY ANNEXATION until it is verified by the Gty 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 2, BLOCK 5, WALKER PROPERTY ANNEXATION. 9. Stormwater Master Plan Landowner understands and agrees that a Stormwater Master Plan for the LOT 2, BLOCK 5, WALKER PROPERTY 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 Gty 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 mnoff to the stormwater receiving channel(s). The plan shall include site grading and elevation information, typical stormwater detention/retention basin and discharge stmcture details, basin sizing calculations, and stormwater maintenance plan. Lot 2, Block 5, Walker Property Annexation Agreement 5 <L ('I) ISl ('I) <').;; ..,.. _ ISl UooI _ IlJ I"'- 0 ~ COUl ~ u<') ~::::: N::g ~1Sl !!!!!!!!!! ~ =ClI iiiiiiiiiiiiii .... !!!!!!!!!! iiiiiiiiiiiiii - =0 -<I> _E =..... =E iiiiiiiii 0 !!!!!!!!!! 0 ~.!:i -- iiiiiiiii ~ iiiiiiiiiiiiii - -.. =<lI !!!!!!!!!! ~ _0 =c !!!!!!!!!! ~ iiiiiiiiiiiiii ,.. =~ -. !!!!!!!!!! J: -<I> 10. Traffic Analysis Report Landowner understands and agrees 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. Waiver of Right-to-Protest Special Improvement Districts Landowner has 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 Gty-wide Park Maintenance District, which would provide a mechanism for the fair and equitable assessment of maintenance costs for such parks. Said Waiver is attached hereto as Exhibit "A" and is hereby incOlporated in and made a part of this Agreement, Landowner agrees that in the event an S.LD. is not utilized for the completion of these improvements, the developer agrees to participate in an alternative financing method for the completion of said improvements 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. 12. Utility 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 water and sewer utility selVices to the annexed parcel. The Landowner shall create such easements in locations agreeable to the Gty 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 Landowner hereby acknowledges that annexation and development of his property will impact the Gty's existing street, water and sewer infrastmcture, and fire selVice requirements. At the time new stmctures apply to the Gty'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 Lot 2, Block 5, Walker Property Annexation Agreement 6 ..., ~ ..., <').;; 10-& _ U> ('og COr- ~ .... .. ~ ..- N:~ ~& ~& -G1 -r- ~ - =0 -1I'l _E: =.... ~E ~o ~O ==.5 -~ ~~ ~..... -- =e> !!!!!!!!!!!!!!! ~ _0 =1: !!!!!!!!!!!!!!! ;!. ~)oo -. =..... ~. !!!!!!!!!!!!!!! r. _1I'l 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, Landowners agree to pay the Gty fees or assessments established by the Gty for impact on Gty 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 Landowner applies for any permit 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 Code 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 paying impact fees because of this agreement, then all such impact fees paid prior to the court's decision shall be held in escrow until a revised Chapter of the 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. All accumulated interest on the sum held in escrow shall be released to the Gty or landowner on the same percentage as the money released to either party bears to the total sum held in escrow. Landowners further understand and agree 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 are "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. Lot 2, Block 5, Walker Property Annexation Agreement 7 0- lot) e tf)", .;; .ft ~ Ell ,... - '" ..... 0 ~ COeD ~ --'" .... :.::: N::C -Ell -Ell -~ ~ ~ - ===~ ~E ~~ ~O ~O _S ==B .. -<:' -- ~g ~~ -~ -- ~. ~~ -'" If Landowners default on this condition at the time such is to be performed, and should default not be remedied or corrected within thirty (30) days after written notice by aty to Landowners of such default, aty may at their option: A) Declare the amounts owing for impact fees immediately due and payable and aty 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 aty may, at its option, enforce payment of such amount by levying an assessment on the premises. B) Elect any other remedy available to Gty under the laws of the State of Montana. q Any waiver by Gty of any default shall 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 aty 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. 14. Additional Terms of Waivers The parties recognize that these documents shall be filed and of record with the Gallatin County Oerk and Recorder prior to the sale of any land with the LOT 2, BLOCK 5, WALKER PROPERTY ANNEXATION. The parties further agree that the Gty may file these documents at anytIme. 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 Gallatin, State of Montana. 16. Attorney's Fees In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement, then the prevailing party shall be entitled Lot 2, Block 5, Walker Property Annexation Agreement 8 r-) ~ r-)",.;i .,..-"" 'Iol' _ 10 ,... 0 g COm!:':' ..C'l .... :.:: NO"~ iiiiiiii "" !!!!!!!!! ~ =ID !!!!!!!!! .... !!!!!!!!! iiiiiiii - =u -C/l _E =1- =E iiiiiiii 0 !!!!!!!!! u iiiiiiii .5 =- iiiiiiii ~ iiiiiiii - -.. =0 !!!!!!!!! ~ _0 =C !!!!!!!!! ~ iiiiiiii ,. -. ==== = -. !!!!!!!!! L:. _IIJ .. to reasonable attorney's fees and costs, to include the salary and costs of in- house counsel including Gty Attorney. 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 m wntmg. 18. Invalid Provision The invalidity or unenforceability of any provision 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 Landowner shall not assign this Agreement in whole or in part without prior written consent of the Gty. 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 Landowner affirms that they have authority to enter into this Agreement on behalf of their corporation, and to bind the corporation to this Agreement Lot 2, Block 5, Walker Property Annexation Agreement 9 fI) ~ fI)~ ,;) CSl IDolO ...... CSl ~ CO~~ .... . ~ U1- N:~ iiiiiiiiii CSl !!!!!!!!!!!!!!! CSl ===~ iiiiiiiiii iiiiiiiiii - =u -II> _E ~~ iiiiiiiiii 0 !!!!!!!!!!!!!!! 0 ===5 ~~ iiiiiiiiii - -- ='" !!!!!!!!!!!!!!! ~ _0 =c !!!!!!!!!!!!!!! ~ iiiiiiiiii >- -. =- iiiiiiiiii t: !!!!!!!!!!!!!!! L -II> .. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. STATE OF 11Jf)'/IlTfrA(,1 ) :ss Countyof (;jJU,.-:1rnN ) L"7~ Mark Albrecht, VM On this d J day of ,[)f),f'Iiz,JJ'1..ld{/ , 2004, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Mark Albrecht, known to me to be the person whose name is subscribed to the within instmment, and acknowledged to me that he executed the same. IN WI1NESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) O\\\"\'i1Iiii;'I/i,'11 \\\. -,' ,III ,,\\ ,~\, C. ;-i A i I,~/ ~~\~., ' . ,">:" ~ s ,,-, . -A'\ Z ,::::: ~ ' "r'l [ :'\~O\ A;'IIA/.'" ~ - - - , - ~ *. 51.' It ,', g ~ loP' ..Jl'i.,.. . :>\ ~ ~r' .'~~ :.-:. -<1>-:, ' '.< '\:.. ~, ~'l: ',t::' '. .~,'\: :0-.' ~//I 0 F- " ,1\0 \; \' \'~ I; \. \\ ' ///1111111\\\\\\\\ Lot 2, Block 5, Walker Property Annexation Agreement -,,;;.0 .,.//} ~~?;;~ (//=,~t/~-' Notary Public for the State of Montana Residing at , Montana My Commission Expires (Use four digits for expiration year) Anna Craver Not~ry Public for the State of Montana Resldmg at Bozeman Montana My Commission Expires June 11, 2008 10 ('t) ~ -"'" ..... ~ '" OS) 10'0 II) ,.... ~ ~ co~~ --'" .... . ~ g- N"II) 0.. OS) iiiiiiii OS) !!!!!!!!!!!!!!! ~ ===~ === iiiiiiii - =0 -II> -... === lE =1- =lE iiiiiiii 0 !!!!!!!!!!!!!!! 0 -5 -- -" =:: -" =... !!!!!!!!!!!!!!! ~ _0 =c !!!!!!!!!!!!!!! ~ iiiiiiii >- -. =- iiiiiiii .. !!!!!!!!!!!!!!! .c -II> CITY OF BOZEMAN ~A.~ Chris Kukuls ki City Manager ) :ss COUNTY OF GALLATIN ) On this '7th day of J1iClr ( VL. , 2oaf, 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 acting aty Manager and Oerk of the Cty Commission respectively, of the Cty 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 aty, IN WI1NESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .4",~~~.~."(i, \.......",:~ ')fl,lE' t~\~' , "., ish~ .~~; ....,. ,,\., f') 't () " G'1 ,'.,. '-f,/ v', '/' \,pl, ;u.'. Y. " ,- 'r'" ~t i.~,,;"p 7- ,':'.\'I'~7' - .: ",\ )>0 ~ , ," \',1, 'V(' r- , ,',' (,7), ' , ~. ',,' {". ~.ry .~ .V -"}l" ".... , ' 4,'(~ ~~ p ~- ~ ILl ::e Cf: '1 i~~ Notary Public or the Stat of Montana Residing at (b-u7L-rY'JA-.t.-... , Montana My Commission Expires 3/25/::z.00 IJ (Use four digits for expiration year) Lot 2, Block 5, Walker Property Annexation Agreement 11 '.. I') ~ I')~c<; IO~: ,.... N g CO-~ ..C") ~&::: N::g iiiiiiiiii G !!!!!!!!!! ~ =CD -r-- iiiiiiiiii - iiiiiiiiii - =0 -", _E =.... =lE iiiiiiiiii 0 !!!!!!!!!! 0 ===.!:; -~ iiiiiiiiii ~ iiiiiiiiii --< -- =CI !!!!!!!!!! ~ _0 =C !!!!!!!!!! ~ iiiiiiiiii ,. -. =--< iiiiiiiiii -.: !!!!!!!!!! .<: _en EXHIBIT "A" WAIVER OF RIGHT-TO-PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICf FOR A CITY- WIDE PARK MAINTENANCE DISTRICf LOT 2. BLOCKS. WALKER PROPERTY ANNEXATION The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Lots 2, Block 5, Walker Property Subdivision, Gallatin County, Montana IN CONSIDERATION of receiving approval for annexation of the subject property from the Gty 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 Gty parks which will be caused by the development of the above-described property, the owner 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 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 equitable assessment of maintenance costs for Gty 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 special improvement districts which would include the above- described property. This waiver shall be a covenant runnmg with the land and shall not expIre with the dissolution of the corporatIOn, 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 _ day of ,2004. Lot 2, Block 5, Walker Property Annexation Agreement 12 ,', " ... - ' S TATE OF ,/l/:/IlI74tUI- ) :ss County of [14 )U).7'7 H ) On this ,9, 3 day off)llflc/'lu.6tl./ , 2004, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Mark Albrecht, 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. (SEAL) .' \\\\ \ \ \ i 1111 ill IIII , '.>\'. C" "'''''1 '/1/, ..,~:-\ 'f" .f' \ '\ 1," , '/ ~ '~... . '\~, p. - ~ <.... ~ 0$,,<;>'," '~l~./ ~n" . ~ .::;:. '( "\ A ' -:;::. ~ : ...,\0 " .1.,:,/ '. ~ % * '. SEi\,,<;{' /j ~ tP~ . j..." . ..~ 2.~' ~ :/'. (,0 ~ If......' ~ .A:J .. . ,J": ''to, ~"",;'" '1~~.,11i~ ,"".,' ~ "'!"'l"'\~":. "",,:,:>" "<"i,,'~j ':)~ 'I'\~:.\<.,'" .-7 1 ,__~,~.::;f2:~a-_. /./~/>i;;2 jX//- Notary Public for t~'e State of Montana Residing at , Montana My Cnmmission Expires (Use four digits for expiration year) Anna Craver Notary Public for the State of Montana Hesiding at Bozeman, Montana CDmmission hoires ,June 11.. 2008 0- ~ ~ ~~,;; a lOa II> ...... ... : c:o- ~ ..... .... :.:: N:~ a a _CD r- - -0 '" E _t: o o C = ~ ... ~ -, . ~ -. ". ! ~ .c. _Ill Lot 2, Block 5, Walker Property Annexation Agreement .. .\ 13