HomeMy WebLinkAbout01- Walton Annexation Agreement
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Shelley Vanoe-Gallatin Co MT MISC 126,00
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WALTON ANNEXATION
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this ~ day of _ --=1 ~"')(/
2001, by and between the CITY OF BOZEMAN, a municipal corporation and political U
subdivision of the State of Montana with offices at 411 East Main Street, Bozeman, Montana
59771-0640, hereinafter referred to as "City", and ALEXANDER T. MATHESON and GARY
R. WHEELER, Personal Representatives of the estate of Roy T. Walton, % Moore, O'Connel &
Retling, P.O. Box 1288, Bozeman, Montana 59771, and Oakway, L.L.e., by GENE E. COOK,
Managing Member, 2504 West Main, Bozeman, Montana 59718 hereinafter referred to as
"Landowner(s)".
W1TNESSE'1'H:.
WHEREAS, Landowner(s) is owner in fee of a tract of certain real property, hereinafter
referred to as the "W ALTON ANNEXATION" tract situated in Gallatin County, Montana, and
more particularly described as follows:
Five tracts orland being Certificate of Survey No. 2085 located in the SW 1/4 of Section
1, T2S, R5E, P.M.M., Gallatin County, Montana, being 35.379 acres along with and
subject to any existing casements, and being further described as follo\vs:
Commencing at the South one-quarter corner of said Section 1. Thence North
88058'57" West along the South line of said Southwest quarter a distance of 899.47
feet to the Point of Beginning.
Thence North 88058'57" West along the South line of said Southwest one-quarter, a
distance of 183.33 feet. Thence North 02015'36" West along the easterly line of a
tract conveyed in book 139, page 515, a distance of 195.46 feet. Thence North
88058'57" West along the northerly line of said tract, a distance of 183.50 feet.
Thence South 02015'36" East along the westerly line of said tract, a distance of
195.46 feet. Thence North 88058'57" West along the South line ofsaid Southwest
one-quarter, a distance of 182.90 feet. Thence North OZ02t '56" West along the
easterly line of Homesites Subdivision, a distance of 1399.11 feet. Thence North
OZ013'08" West along the easterly line of Stevens Subdivision, a distance of 1226.15
feet. Thence South 89031 '37" East along the southerly right-of-way of Oak Street, a
distance of 650.48 feet. Thence South 00005' 17" East along the westerly line of the
Gallatin County Rest Home property, as shown on the plat in book 23 misc., page
50, a distance of 2627.55 feet to the Point of Beginning.
WHEREAS, the Landowner(s) has pditioncd the City for annexation of the contiguous
tract; and
WHEREAS, the WALTON ANNEXATION is not within the corporate limits of the City
or other municipality but is contiguous to the City and may therefore be annexed to the City in
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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 W AL TON ANN EXA nON
pursuant to Section 7-2-4301, ct 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 serviccs to the area to be anncxed; and
WHEREAS, thc 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 recognize that the devclopment of the WALTON
ANNEXA TION will impact area streets, and that future improvcments may require additional
public street improvements for traHie circulation; and
WHEREAS, the Landowner(s) wishes to convey to the City certain water rights or take
some equivalent action to provide water and sewer service to the WALTON ANNEXATION;
and
WHEREAS, the Landowner(s) 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
WAI,'rON ANNEXATION; and
WHEREAS, the making and performance of this Agreement is desirable to promote the
development of the most adequate water supply, wastewater collection, and tra11ic circulation
pattern for the City as it now exists and as it is reasonably expected to enlarge; and
WHEREAS, the securing of an adequate watcr supply, wastcwater collection, and tratlic
systems by thc City is necessary and of mutual advantagc to the parties hereto.
WHEREAS, the parties have dctermined that it is in the best intcrests of the City and the
Landowner, and in furtherance of the public health, safety and welfare of the community to entcr
into and implcment this Agreement.
WIT N ESE T H:
IN CONSIDERATION ofthc mutual covenants and agreemcnts herein contained, the
parties hereto agree as follows:
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Sh.ll.y Vano.-Gallatln Co MT MISC 126.00
I. Rccitals
The above recitals are true and correct.
2. Annexation
The Landowner(s) filed an application for annexation of the WALTON ANNEXATION
with the City. The City, on October 18, 1999, adopted a Resolution ofIntent to Annex the
W ALTON ANNEXATION. By execution ofthis Agreement, the City has manifested its
intention to annex the WALTON ANNEXATION tract pursuant to the tenns 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 W AI JTON
ANNEXATION to the City. Further, upon the execution of this Agreement, the Landowner(s),
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 the W AL TON
ANNEXATION tract to the City.
3. Services IJrovided
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 iire protection, to the WALTON 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 may
be amended, as well as any other tenns and conditions which apply to the City's provision of this
service. The term does not contemplate the extension oflines or construction of necessary
improvements at any cost to the City for delivery of water to and within the W AL TON
ANNEXATION. Nothing in this Agreement shall obligate the City to pay for right'-of-way
acquisition, engineering, construction, and other costs for the delivery of water to or within the
W ALTON 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 teml "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
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may be amended, as well as any other tenns and conditions which apply to the City's provision of
this service. The term 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 W ALTON
ANNEXA TION, 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 W ALTON ANNEXATION to include, but not limited to, any impact fees, hookup,
connection, or development charges which may be established by the City.
6. Water Riehts
The 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
mmual 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
Thc WALTON ANNEXATION consists of approximately 35.379 acres.
The Landowner(s) understands and agrees that they must provide sufficient water rights
in accordance with the City's policy according to the following schedule:
WALTON ANNEXATION, consisting of a total of 35.379 acres, prior to filing
of any final subdivision plat, final site plan approval or the issuance of any
building permit, whichever occursfirst.
The Landowner(s) 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 LmIdowner(s) further
understands that the City will calculate the average annual diversion requirement nccessary to
provide water to this annexation tract on the basis ofthc zoning designation and/or City-
approved development for the property at the time such calculation is made.
7. Comprehensive Water and Water Desie:n Report
Prior to futurc development of the property, the Landowner(s) 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 existing mId post-developmcnt demands, and the
report findings must demonstrate adequate capacity to servc the full developmcnt of the land. If
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adequate infrastructure capacity is not available for full development, the report must identify
necessary system improvements required for full development. The Landowner(s) agrees to
complete at Landowner's expense, the necessary system improvements to serve the full
development.
8. Future Development Limitations
Landowner(s) understands and agrees that substantial limitations for growth exist in the
wastewater collection system for this property which will need to be addressed in conjunction
with development of the parcel. Water pressure is also minimal in this area and individual
booster pumps may be required for service. The future developer will be responsible [or
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
efTect at the time of development. Thus, Landowner(s) understands and agrees that there is no
right, either granted or impl ied by the City, for the Landowner to develop any of the W AI. TON
ANNEXA nON 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 WALTON ANNEXATION.
9. Stormwater Master Plan
Landowner(s) understands and agrees that a Stonnwater Master Plan for the WALTON
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 future development. The master plan, if required, must depict the
maximum sized retention/detention basin location and locate and provide easements f()r adequate
drainage ways within the area to transport runoff to the stormwater receiving chatmel(s). The
plan shall include site grading and elevation information, typical stormwater detention/retention
basin and discharge structure details, basin sizing calculations, and stormwater maintenance plan.
10. Trame Analvsis Report
Landowner(s) 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.
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11. Waiver of Rigbt-to-IJrotest Special Improvement Districts
Landowner(s) 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 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 equitable assessment
of maintenance costs for such parks, and for street improvements in the area, including paving,
curb and gutter, sidewalk, storm drainage, and any associated trafTic signals for:
a. Durston Road, and
b. Signalization at the intersection of Durston Road and North 15th Avenue.
Said Waivers arc attached hereto as Exhibits "A" and "B" , and are hereby incorporated
in and made a part of this Agreement.
12. Utility Easements
The Landowner(s) understands and agrees that utility easements, a minimum of thirty
(30) feet in width, will be necessary for the installation and maintenance of water and sewer
utility services to the annexed parcel. The Landowner(s) shall create such easements in locations
agreeable to the City during the appropriate development procedures, but in no event latcr than
the filing of any final plat or site plan review or issuance of a building pennit on the pareel(s).
13. Impact Fees
The Landowner(s) hereby acknowledge that annexation and development of their
property will impact the City's existing street, water and sewer infrastructure, and fire service
requirements. There are existing structures on the property including two single-family
residential structures and accessory buildings. The Landowners understand and agree that, in'
accordance with City Policy, they are required to pay to the City Fire and Street Impact Fees for
the existing structures within the WALTON ANNEXATION tract prior to or at the time of
Landowner's execution ofthis Agreement. Based on the Landowner's representations that the
existing structures will be removed from the WALTON ANNEXA nON tract, the Landowners
hereby agree to either remove the structures by, or instead pay to the City Fire and Street Impact
Fees prior to, the filing of any final subdivision plat, final site plan approval, or issuance of any
building permit, whichever occurs first. At the time the existing and/or new structures apply to
the City's Water and Sewer facilities, the Landowners shall pay all Water and Sewer Impact
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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 ofthe Bozeman
Municipal Code are 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 Landowner applies for any permit, which actuates or
would have actuated impact fees pursuant to the current Chapter 3.24 oftbe Bozeman Municipal
Code, the Landowner further agrees to pay at that time, the amount calculated f()f 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 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. 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 pmty 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 Walton Annexation Tracts to municipal services which are
wholly attributable to the property arc "project related improvements" as defined in Chapter 3.24,
BOZenl<lli Municipal Code, or as amended, and as such, are not eligible for impact fee credits.
If Landowner(s) 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 City to
Landowners of such default, City may at their option:
A) Declare the amounts owing for impact fees immediately due and payable
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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 SlaIl 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 speciJied amounts, or prohibiting any such payment,
landowner will pay such amount as specified above.
14. Plaintiff Action
Landowner Roy T. Walton, plaintiff in civil action No. 23740 of the District Court of the
Eighteenth Judicial District of the State of Montana, entitled Roy Walton, aJk/a Roy T. Walton
vs. City of Bozeman, obtained ajudgment which included future damages payable by City to
Landowner in the amount of Two thousand and no/100 dollars ($2,000.00) annually until an
event certain. Landowner does hereby acknowledge receipt of paymcnt of the amount of the
judgement recovered by him in the above entitled action, and further acknowledges that the basis
for the award of future damages no longer exists. Landowner therefore agrees to execute a
satisfaction of such judgement and to acknowledge the same, and to deliver a copy of such
satisfaction to City contemporaneously with the execution of this agreement. ThereaHer,
Landowner shall never assert any claim whatever arising irom or based on the lllatters. which
gave rise to the litigation above described; and
15. Additional Terms of Waivers
Thc parties recognize that these documents shall be filed and of record with the Gallatin
County Clerk and Recorder prior to thc sale of any land with the WALTON ANNEXATION.
The parties further agree that the City may file these documents at any time.
16. Governine: 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.
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17. Attorney's Fees
In the event it becomes necessary lor either party to this Agreement to retain an attorney
to enforce any ofthe 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 ofin-house
counsel including City Attorney.
18. 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.
19. Invalid llrovision
The invalidity or unenforceability of ;my provision of this agreement shall not affect the
other provisions hereof: and this Agreement shall be construed in aU respects as if such invalid or
unenforceable provision were omitted.
20. Modifications or Alterations
No modifications or amendment of this Agreement shall be valid unless evidenced by a
writing signed by the parties hereto,
21. No Assh:!nment
It is expressly agreed that the Landowner(s) shall not assign this Agreement in whole or
in part without prior written consent of the City.
22. Successors
This Agreement shall be binding upon, inure to the bcnefit of and be enforceable by the
parties hereto and their respective heirs, successors and assigns.
23. Covenants to Run with the Land
The parties intend that the terms ofthis Agreement shall be covenants running with the
land and shall not expire at their deaths or upon transfer of ownership of the property.
The lmdersigned Landowner(s) affirms that they have authority to enter into this
Agreement on behalf of their corporation, and to bind the corporation to this Agrcement
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
the day and year first above written.
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LANDOWNER
Estate of ROY T. WALTON
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By Alex ncler T. Matheson,
Personal Co-Representative of the
Estate of Roy T. Walton
STATE OF GJ2,_-i.-tpnL--- )
:ss
COUNTY OF ~^-.rc~ )
On this \ 5::;\~ day of '\C}?I L.\..._cJ~i ,2001, before me, the undersigned,
a Notary Public for the State of f\r \ 'TO h L , personally appeared Alexander 1'.
Matheson, known to me to be a Co-Personal Representative ofthe Estate of Roy 1'. Walton,
Deceased and the person whose name is subscribed to the within instrument and acknowledged
to me that he/she executed the within instrument for and on behalf of the Estate of Roy T.
Walton, Deceased.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
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,t N~~ tr,ary pUbh,'e for t, h~,Sta!:,9f" '
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Residing: \ D~ C ,,-')- rd 2<;1-
Commission Expires:,--\'~. \ le .c)-uuS
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. GINA M. KUTAS
Notary Public. Arizona
. YUMA COUNTY
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Shelley Vance-Gallatin Cc MT MISC 126.00
LANDOWNER
Estate of ROY T. WALTON
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By Gary R. Wheeler,
Personal Co-Representative of the
Estate of Roy T. Walton
STArE OF '-.::€ 0 ~ Cjl D, __J
COUNTY OF :'Dc' lA cdrJ S;ss
On this ,::.!) day of ~'tb(U{h rl-() ,2001, before me, the undersigned,
a Notary Public f()r the State of elf! f). I CJJ I ('- .,.' personally appeared Gary R.
Wheeler, known to me to be a Co-Personal Representative of the Estate of Roy T. Walton,
Deceased and the person whose name is subscribed to the within instrument and acknowledged
to me that he/she executed the within instrument for and on behalf of the Estate of Roy T.
Walton, Deceased.
IN WITNESS WHEREOF, I 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 MISC 126,00
LANDOWNER
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By GENE E. COOK, as Managing Member
for Oakway, L.L.C.
STATE OF MONTANA )
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COUNTY OF GALLA TIN )
On this f.t) -1-1"-. day of fQbrutlJu! ,2001, before me, a Notary Public
felr the State of Montana, personally appeared Gene E. Cook, as Managing Member on behalf of
Oakway L.L.C., known to me to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same for and on behalf of said corporation,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
~~d'CL~
otary Public for th~ State of
Montana.
Residing:
Commission
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CITY O}' BOZEMAN
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By: Clark V. Johnson, City Manager
ATTEST:
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Clerk of the City Commission
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN
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On tIns A 0 day of ,2001, before me, a Notary Public
for the state of Montana, personally ap 'ared Clark V. Johnson 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 WHEREOF, I have hereunto set my hand and anixed my official seal the
day and year first above written.
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EXHIBIT" A"
WAIVER OF RIGHT-TO-PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICT
FOR A CITY-WIDE PARK MAINTENANCE DISTRIC1'
WALTON ANNEXATION TRACT
The undersigned owner of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
Five tracts ofland being Certificate of Survey No. 2085 located in the SW 1/4 of Section 1,
T2S, R5E, P.M.M., Gallatin County, Montana, being 35.379 acres along with and subject to
any existing easements, and being further described as follows:
Commencing at the South one-quarter corner of said Section 1. Thence North
88058'57" West along the South line of said Southwest quarter a distance of899.47 feet
to the Point of Beginning.
Thence North 88058'57" West along the South line of said Southwest one-quarter, a
distance of 183.33 feet. Thence North 02015'36" West along the eastedy line of a tract
conveyed in book 139, page 515, a distance of 195.46 feet. Thence North 88058'57"
West along the nortbedy line of said tract, a distance of 183.50 feet. Thence Soutb
02015'36" East along the westerly line of said tract, a distance of 195.46 feet. Thence
North 88058'57" West along the South line of said Southwest one-quarter, a distance of
182.90 feet. Thence North 02021'56" West along the easterly line of Homesites
Subdivision, a distance of 1399.11 feet. Thence North 02013'08" West along the
easterly line of Stevens Suhdivision, a distance of 1226.15 feet. Thence South 89031 '37"
East along the soutberly rigbt-of-way of Oak Street, a distance of 650.48 feet. Tbcnce
South 00005'17" East along the westerly line of the Gallatin County Rest Home
property, as shown on the plat in book 23 misc., page 50, a distance of 2627.55 feet to
the Point of Beginning.
IN CONSIIlERA TION 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 recognition ofthe impact to City
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 arca
and/or ofa 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 special 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
WaltOll Annexation AcrCclllcnt
14 I
succcssors-in-interest and assigns of the parties hereto.
DATED this \ lit day of tc Jar '-' C'-'~l
, 2001.
1111111111111111111111 ~~;~r.~~?p .
SMelley Vlnce-Glllltln Cc MT MISC 126.00
described.
The terms, covenants and provisions ofthe Waiver shall extend to, and be binding upon the
LANDOWNER
Estate of ROY T. WALTON
~/ /~~f6
~" ",~~i&7/. .' L~l?<~
By Alexander T. Matheson,
Personal Co-Representative of the
Estate of Roy T. Walton
STA"}"G 0[-<' CAV '7'"Y'f.-
L" 1,", __,<-, I <--L
)
:ss
COUNTY OF~~iJ~L- J
. 's, l,.." --_, ," .
On tlns \ day of \ C!?,'v\.. c-'..~~J ,2001, before me, the undersigned,
a Notary Public for the State of (\ Y 1 ?, 0 VI ~~__, personally appeared Alexander 'I'.
Matheson, known to me to be a Co-Personal Representative ofthe Estate of Roy T. Walton,
Deceased and the person whose name is subscribed to the within instrument and acknowledged
to me that he/she executed the within instrument for and on behalf of the Estate of Roy T.
Walton, Deceased.
IN WITNESS WHEREOF, 1 have hereunto set my hand and aHixed my official seal the
day and year first above written.
'~~lrX.A 01 KlJZ0
Notary Public for the State of
Ctv \ ZOrL-
Residing: JO~~ L '3,:) 0.-A- <st-
Commission Expires:S,.~ . 10 ,c)0.)-')
'~~..f'
SeallGINA M. KUTAS
:0 ~~::~~u':;~na
Y 000101/88/0
JANUL nExpires
'!"\i:'''''''''\\J.'uo''';;) .flY f 6. 200~~
WallOll Annexatioll Aj!reelll('llt
15 I
,""
l~Il~ 111111111 111I11 1111111111111111111 111111 1111111 ~:~~f;~~~'
e ey Vance-Gallatin Co MT MISC 126.00
LANDOWNER
Estate of ROY T. WALTON
/d~~
Personal Co-Representative of the
Estate of Roy T. Walton
(
STA'rE OF (<~-CO\ ~) (C )
.~ :ss
COUNTY OF \ \)(jlA..C\ ( {f;..,,) )
i.....
On this d. day of t:--<{ (,J (UC'J(, v/..-(0 .,2001, before me, the undersigned,
a Notary Public for the State of (; -e ~) (C)( 0.. - , personally appeared Gary R.
Wheeler, known to me to be a Co-Personal Representative of the Estate of Roy 'I'. Walton,
Deceased and the person whose name is subscribed to the within instrument and acknowledged
to me that he/she executed the within instrument for and on behalf of the Estate of Roy T.
Walton, Deceased.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
--\
. }
t/ '1/
""~~~.""'(J LAL, 1 JLh- '--
Notary Public for the State of
&~DY01Ct ,"
Residing: _;::l}?-, ~
Commission Expires:
f~1.-u ~'-J .; ~. --
t-tl--03
(Notarial Seal)
WaUon AnnexatiOll A\.!.n~ell1ellt
16 I
" 11111111111111111111 ~~.~~;'I~p
Sh.ll.y Vano.-Gallatin Co MT MISC 126.00
LANDOWNER
//')
y(~( f <-r.{
By GENE E. cot;f, as Managing Member
for Oakway, L.L.C.
STATE OF MON'rANA )
:ss
COUNTY OF GALLATIN )
On this ((If!. ,day of ~.!)fll LlJU./- .,2001, before me, a Notary Public for
the State of Montana, personally appeared GeneE-. Cook, as Managmg Member of Oak way L.L.c.,
known to me to be the person whose name is subscribed to the within instrument and acknowledged
to me that he executed the same for and on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written,
~ \,\UUH,iU:":i'r; .
",,'\\'(~otarmtReoJ)
.."':~> .t\~:.~4:'.'."1I"'4"..i"...J.>\. '-.'1
:..' ~' ," ~ ~ "\1-~ ~o"'''' ..:
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0'1;"). ....,~ 0, .....\/'..-.......
:',>t-.""" (~t'::'
~ ...,~ ,t ~ ,t;r ~,...; : c. ,:
:: ...,.;. ('"' f\ t' : ; '. c.
~~\ '~~~~. ~ ~ z l~/ /
~. ,,?. 1"1 ~ ,. of' ,.
<. II/!....., ~'..,., '." .;jI.'-- ,/";..," "
....,.t~, 4'l......lI'...,.oIIlt~") ., .,,/'
'~jf,. f,l; _"..\
1.'lt,. r ~.~ 'i' t'~ .~\("~
Walton Annexation Al!reCHlcnt
171
1111111111111111111111 ~?'.~~~,~:
Shelley Vance-Gallatin Cc MT MISC 126.00
EXHIBIT "B"
WAIVER OF RIGHT-TO-PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
WALTON ANNEXATION TRACT
The undersigned owner of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
Five tracts ofland being Certificate of Survey No. 2085 located in the SW 1/4 of Section
1, T2S, R5E, P.M.M., Gallatin County, Montana, being 35.379 acres along with and
subject to any existing easements, and being further described as follows:
Commencing at the South one-quarter corner of said Section 1. Tbence North
88058'57" West along the South line of said Southwest quarter a distance of 899.47
feet to the Point of Beginning.
Thence North 88058'57" West along the South line of said Southwest one-quarter, a
distance of 183.33 feet. Thence North OrI5'36" West along the easterly line of a
tract conveyed in book 139, page 515, a distance of 195.46 feet. Tbence North
88058'57" West along the northerly line of said tract, a distance of 183.50 feet.
Thence South 02015'36" East along the westerly line of said tract, a distance of
195.46 feet. Thence North 88058'57" West along the South line of said Southwest
one-quarter, a distance of 182.90 feet. Thence North Or21 '56" West alon~ the
easterly line of Homesites Subdivision, a distance of 1399.11 feet. Thence North
02013'08" West along the easterly line of Stevens Subdivision, a distance of 1226.15
feet. Thence South 89031 '37" East along the southerly right-of-way of Oak Street, a
distance of 650.48 feet. Thence South 00005'17" East along the westerly line of the
Gallatin County Rest Home property, as shown on the plat in book 23 misc., pa~e
50, a distance 01'2627.55 feet to the Point of Beginning.
IN CONSIDERATION o[receiving approval [or annexation ofthe 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 recognition ofthe impact to City
transportation system which will be caused by the development ofthe above-described property, the
owner has waived and do hereby waive for itsel1: its successors and assigns, the right to protest the
creation of one or more special improvement districts for street improvements, including paving,
curb and gutter, sidewalk, stoml drainage, and any associated traf1ic signals for:
I. Durston Road, and
2. Signalization Improvements at the intersection of Durston Road and North 15[h
Avenue.
We further waive our right to make any written protest against the proposed work or against
the size or area or creation of the district to be assessed in response to a duly passed resolution o[
intention to create one or more special improvement districts whieh would include the abovc-
WaHoll Allllnation Acrecmcnt
18 I
successors-in-interest and assigns of the parties hereto.
DATED this \~:- day of <~ILltv/L-\
- \
,2001.
. '
1111111111111111111111 ~~~l?~~~p
Shelley Vanoe-Gallatln Co MT MISC 126,00
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
described.
The terms, covenants and provisions ofthe Waiver shall extend to, and be binding upon the
LANDOWNER
Estate of ROY T. WALTON
~ :& ~~
"'-' ", /" %7:::<-:;:' ,
'~~~~~"Y /.,:-:;' , '~J
By Alexander T. Matheson,
Personal Co-Representative of the
Estate of Roy T. Walton
STATE OFWl ~2-0(JL- )
:ss
COUNTY OF L\L\.(1lL- )
\..J
On this 1 S;'l:-- day of \-C_L>t:-lL^-_VLJ ,2001, before me, the undersigned,
a Notary Public for the State of A (-I 7 (~)nc.J.~, personally appeared Alexander T.
Matheson, known to me to be a Co-Personal Representative of the Estate of Roy T. Walton,
Deceased and the person whose name is subscribed to the within instrument and acknowledged
to me that he/she executed the within instrument for and on behalf of the Estate of Roy 1'.
Walton, Deceased.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
AV/'Z()0L
Notary Public for the State of
W.Ld.". V"1. {\LC~C~7
Residing: \ L)~ L ~ 0-C- S 1,--,
Commission Expires:" ~. \ L{ , ;Lb0)
GINA M. KUTAS
Notary Public - Arizona
YUMA COUNTY
My Commission Expiros
JANUARY Hi, 20():< l'
'1ijl"S"'''''''~'~~'~''"lP'\\l;{f
Walton Annexation Al!reelOt'lIt
19 I
~
1111111111111111 ! 111111 ~~~f~~~;
Shelley Vanoe-Gallatln Co MT MISC 126,00
"
LANDOWNER
Estate of ROY T. WALTON
B~!L
Personal Co-Representative of the
Estate of Roy T. Walton
STATE OF ~r:e;yt~)
~:) 11 :ss
COUNTY OF j _o"O,A ,oj Ov';}--- )
On this ~., day of ~'t0(L~Ct I'Lj ,2001, before me, the undersigned,
a Notary Public for the State of (:J ,I: (xO ( k , personally appeared Gary R.
Wheeler, known to me to be a Co-Personal I~epresentative of the Estate of Roy T. Walton,
Deceased and the person whose name is subscribed to the within instrument and acknowledged
to me that he/she executed the within instrument for and on behalf of the Estate of Roy T.
Walton, Deceased.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
') j
B,,--oL. I _ v>\- SO-
Notary Public for the State of
cy' 0 ([) ICl...
R~~iding: 3,- C & _~__
Commission Expires: - . 2 - () ,
" \, \ \ " ~ \ ;, I,
(N9t.arial :S~aD
:( ~ ~:~;~')~,
.' ~ .,....... \. I ~,," ._..... ...".
-;-',:,.::,?;,::~:,.:::.~~'~,:::.' -
.~ f.~ t t, (';-r ~ f U l! I.l" \\"
\Valton Annexation Ag:recmcnt
20 I
,J , t .
1111111111111111111111 ~~;~~,~:
Sh.ll.y Vano.-Gallatin Co MT MISC 126.00
LANDOWNER
"~\I
( ! ft
I) /'
"--." -} [."
~..( (t; 1 .' rd?
gy GENE E. COOK, as Managing Member
for Oakway, L.L.C.
STATE OF MONT ANA )
:ss
COUNTY OF GALLATIN )
On this lell. day of &/Jm (l,tc-I ,2001, before me, a Notary Public I()f
the State of Montana, personally appeared Gene'E. Cook, as Managing Member of Oak way L.L.c.,
known to me to be the person whose name is subscribed to the within instrument and acknowledged
to me that he executed the same for and on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
d~
' ,/0ft.', ',/ "1' /.f~,(/_(-------
~otary Public/ or th~State of
Monta~ '~'
Residin ) 'InaJ(, 1/1 T
Commission'xpires: C?-/~-() (I
".l~n,~'~.!~H.;,.. -
~\\", .....,':1
,'(~~1 ',-~Qt~.~~,~efll)
,..' .~ " ''', .-.... -..;'.
~:,' <1":'.,';" ,.." t., t~~.. ~"".I
(,~~;:;~..~..~J-!
.' l'r,. ' ~< "\ "I' ,.,~
t. ..\'
. . "I I I ~. l.
Walton Annexatioll Al!recmcnt
21 I