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HomeMy WebLinkAbout06- Highland Second Addition Annexation Agreement ----- '. '~ 1111111111111111111111111111111111111111111111111111111 ~~,~~r:t~p ~",;- 'I} / ....../.. v' . ft ..., ,'" ""t.;~:-~" +~,' ' Shelley Vance-Gallatin Co MT MISC 111.00 /,," HIGHLAND SECOND ADDITION ANNEXATION ANNEXATION AGREEMENT jfl-_ JJ1 j ;;-OOb THIS AGREEMENT made and entered into this d1yof (j'l __ ,-+999, - 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 59771-0640, hereinafter referred to as "City" and BOZEMAN DEACONESS HEALTH SERVICES, 915 Highland Boulevard, Bozeman, Montana 59715, hereinafter referred to as "Landowner". WITNESSETH: WHEREAS, Landowner, is owner in fee of a tract of certain real property, hereinafter referred to as the "HIGHLAND SECOND ADDITION" situated in Gallatin County, Montana, and more particularly described as follows: That tract of land located in the Southeast One-Quarter of the Northeast One-Quarter and the Northeast One-Quarter of the Southeast One Quarter of Section 18, Township 2 South, Range 6 East, Principal Meridian Montana, Gallatin County, Montana, and being more particularly described as follows: Considering the line from the Center-East One-Sixteenth Corner of Said Section 18 to the Northeast One-Sixteenth Corner of Said Section 18 to bear North 00038'47" West, with all bearings contained herein relative thereto: Commencing at the Center-East One-Sixteenth Corner of Said Section 18; Thence along the south line of the West One-Half of the Southwest One-Quarter of the Southeast One-Quarter of the Northeast One-Quarter of said Section, South 89026'51" East, 42.26 feet to the Point of Beginning: Thence continuing along said line, South 89026'51" East, 288.84 feet to the Southwest Corner of the East One-Half of the Southwest One-Quarter of the Southeast One-Quarter ofthe Northeast One-Quarter of said Section 18; Thence along the west line of said East One-Half of the Southwest One-Quarter of the Southeast One-Quarter of the Northeast One-Quarter of said Section 18, North 00026'48" West, 668.47 feet to the Northwest Corner of said East One-Half of the Southwest One-Quarter of the Southeast One-Quarter of the Northeast One-Quarter of said Section 18; Thence along the north line of said East One-Half of the Southwest One-Quarter of the Southeast One-Quarter Qfthe Northeast One-Quarter of said Section 18, South 89012'48" East, 333.47 feet to the Northeast Corner of said East One-Half of the Southwest One-Quarter of the Southeast One-Quarter ofthe Northeast One-Quarter of said Section 18; Thence along the east line of said East One-Half of the Southwest One-Quarter of the Southeast One-Quarter of the Northeast One-Quarter of said Section 18, South 00014'42" East, 667.07 feet to the Southeast Corner of said East One-Half of the Southwest One-Quarter of the Southeast One-Quarter ofthe Northeast One-Quarter of said Section 18; Thence along the south line of said East One-Half of the Southeast One-Quarter of the Northeast One-Quarter of said Section 18, South 89026'51" East, 594.27 feet to HIGHLAND SECOND ADDITION ANNEXA TION AGREEMENT Page 1 " ~ a. N '!!- a point on the west line of the Highland Boulevard Right Of Way; q-o<'lN _0 CO~<D to 00 Thence along the west line of said Highland Boulevard Right Of Way, South 0 NN~ N0i8 00007'28" West, 289.80 feet to the point of intersection of said Highland Boulevard m- N~~ Right Of Way with the north tine of Block 3A as shown on the Plat of LeClairs 0 0 Rearrangement of Blocks 2, 3, 4, and 5, Grafs First Subdivision, Second Filing, as ...: :::: recorded at the office of the Gallatin County Clerk and Recorder; Thence along said north line of Block 3A as shown on said Plat of LeClairs u _<I) i: Rearrangement of Blocks 2,3,4, and 5, Grafs First Subdivision, Second Filing, South I- -"" 89042'28" West, 618.83 feet to the southeast corner of Tract 2 as shown on Minor 0 u Subdivision No. 68 as recorded at the office of the Gallatin County Clerk and <: _.~ Recorder; ~ ~ -~ '" -<.'> -' Thence along said Tract 2 as shown on Minor Subdivision No. 68, the following five l'l <: (5) courses: -'" -::>- -~ -~ q; North 00000'28" East, 21.11 feet; ==== ffi South 89042'28" West, 450.45 feet; North 09057'23" East, 8.95 feet; South 89042'28" West, 144.50 feet; North 00016'18" West, 27778 feet to the Point of Beginning. Said Tract contains 13.096 acres, more or less, and is subject to all easements offact and record. WHEREAS, the Landowner has petitioned the City for annexation of the contiguous tract; and WHEREAS, the HIGHLAND SECOND ADDITION 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 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 HIGHLAND SECOND ADDITION pursuant to Section 7-2-4301, et seq., M.C.A. will entitle the said property to City services, including municipal water and sewer service, upon their availability; and WHEREAS, M.C.A. Section 7-2-4305 provides that a municipality and landowner can agree to the provisions of services to the area to be annexed; and WHEREAS, the City's present water supply is insufficient to enable it to supply reasonably adequate water service to additional customers outside the present city boundaries; and WHEREAS, all parties recognize that the development of the HIGHLAND SECOND ADDITION will impact area streets, and that future improvements may be required additional public street improvements for traffic circulation; and WHEREAS, the Landowner wishes to convey to the City certain water rights or take some equivalent action to provide water and sewer service to the HIGHLAND SECOND ADDITION; and HIGHLAND SECOND ADDITION ANNEXATION AGREEMENT Page 2 \ ! 1\1111\ 111\1 \11111\111111111\ 1\\11 1111\ 11\ 11111 \11\ \111 ~~,~~r:t~p Shelley Vance-Gallatin Co MT MISC 111.00 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 collected, and provide traffic circulation for development near and within the HI GHLAND SECOND ADDITION; and WHEREAS, the making and performance of this Agreement is desirable to promote the development of the most adequate water supply and traffic circulation pattern for the City as it now exists and as it is reasonably expected to enlarge; and WHEREAS, the securing of an adequate water supply, wastewater collection, and traffic systems by the City is necessary and of mutual advantage to the parties hereto. WHEREAS, the parties have determined that it is in the best interests of the City and the Landowner, and in furtherance of the public health, safety and welfare of the community to enter into and implement this Agreement IN CONSIDERATION ofthe 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 ofthe HIGHLAND SECOND ADDITION with the City. The City, on June 15, 1998, adopted a Resolution ofIntent to Annex the HIGHLAND SECOND ADDITION. By execution of this Agreement, the City has manifested its intention to annex the HIGHLAND SECOND ADDITION tract pursuant to the terms and conditions of this Agreement Subject to the provisions of Title 7, Chapter 2, Part 43, the City shall, upon execution of this Agreement, adopt a Resolution of Annexation of the HIGHLAND SECOND ADDITION to the City. Further, upon the execution of this Agreement, the Landowner, shall do all things necessary and proper to aid and assist the City in carrying out the terms, conditions and provisions of this Agreement and effectuate the annexation of the HIGHLAND SECOND ADDITION tract to the City. 3. Services Provided The City will, upon annexation, make available only existing City services to the extent currently available, including municipal water service, municipal sewer service, police protection, and fire protection, to the HIGHLAND SECOND ADDITION, as provided in this Agreement HIGHLAND SECOND ADDITION ANNEXA TION AGREEMENT Page 3 '. . 1111111111111111111111111111111111111111111111111111111 ~~3~~r~~~p Shelley Vance-Gallatin Co MT MISC 111.00 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 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 HIGHLAND SECOND ADDITION. 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 HIGHLAND SECOND ADDITION 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 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 service. The term does 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 HIGHLAND SECOND ADDITION. 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 HIGHLAND SECOND ADDITION to include, but not limited to, any impact fees, hookup, connection, or development charges which may be established by the City. 6. Water Rights The parties acknowledge the following City policy: Prior to annexation of property, it shall be the policy ofthe City of Bozeman to acquire usable water rights, or an appropriate fee in lieu thereof, equal to the anticipated average annual consumption of water by residents and/or users ofthe property when fully developed. The fee may be used to acquire water rights or for improvements to the water system which would create additional water supply capacity. Except, however, that for any annexation in excess of ten (10) acres, this policy shall be carried out prior to final plat approval of each development phase. Section 2, No.5, Commission Resolution 3137, Adopted August 19, 1996 The HIGHLAND SECOND ADDITION consists of approximately 13.096 acres. The Landowner understands and agrees that they must provide sufficient water rights in accordance with the City's policy according to the following schedule: HIGHLAND SECOND ADDITION, consisting of a total of 13. 096 acres, prior to HIGHLAND SECOND ADDITION ANNEXA TION AGREEMENT Page 4 ; 1111111111111111111111111111111111111111111111111111111 g~~r:t~p Shelley Vance-Gallatin Co MT MISe 111.00 filing of any final subdivision plat, final site plan approval or the i.fi.mance of any building permit, whichever occurs first. The Landowner shall provide sufficient water rights or cash-in-lieu as calculated by the City in accordance with its policy at the time of calculation. The Landowner further understands that the City will calculate the average annual diversion requirement necessary to provide water to this annexation tract on the basis of the zoning designation and/or City-approved development for the property at the time such calculation is made. The Landowner agrees to provide sufficient water rights or cash in-lieu of water rights prior to filing of any Final Subdivision Plat, Final Site Plan approval, or the issuance of any building permit, whichever occurs first. 7. Comnrehensive Water and Water Desien Renort Prior to future development of the property, the Landowner may be required to have prepared by a Professional Engineer, at Landowner's expense, a comprehensive design report evaluating existing capacity of sewer and water utilities in the area. The report must include hydraulic evaluations of each utility for both 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 Develonment Limitations Landowner 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 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, Landowner understands and agrees that there is no right, either granted or implied by the City, for the Landowner to develop any of the HIGHLAND SECOND ADDITION 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 lllGHLAND SECOND ADDITION. 9. Stormwater Master Plan HIGHLAND SECOND ADDITION ANNEXA TlON AGREEMENT Page 5 , , 1111111111111111I1111111111111111111111 1111111111111111 ~~,~~r:t~p Shelley Vance-Gallatin Co MT MISC 11100 Landowner understands and agrees that a Stormwater Master Plan for the HIGHLAND SECOND ADDITION for a system designed to remove solids, oils, grease, and other pollutants from the runoff from the public streets may be required to be provided to and approved by the City Engineer at the time of any future development. The master plan, if required, must depict the maximum sized retention/detention basin location and locate and provide easements for adequate drainage ways within the area to transport runoff to the stormwater receiving channel(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. to. 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 City-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 incorporated in and made a part of this Agreement. 12. Utility Easements The Landowner 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 shall create such easements in locations agreeable to the City during the appropriate development procedures, but in no event later than the filing of any final plat or site plan review or issuance of a building permit on any of the parcel(s). 13. Future Development Limits to Provision of Housin~ for Older Persons Landowner understands and agrees that HIGHLAND SECOND ADDITION may be developed only for housing for older persons. Housing for older persons means housing: L Provided under any state or federal program specifically designed and operated to assist elderly persons; or 2. Intended for, and solely occupied by, persons 62 years of age or older; or 3. Intended and operated for occupancy by at least one person 55 years of age or older per unit in accordance with the provisions of 42 U.S.c. 3607(b)(2)(C) and )b)(3) through (b)(5), as those provisions read on March 31, 1996. HIGHLAND SECOND ADDITION ANNEXA TION AGREEMENT Page 6 ~ 14. Impact Fees \ \11\1\ 11111 1111I 1III 11111\1\ 1111111111 III 11\1\ 111\ 1111 ~~~~r:t~p Shelley Vance-Gallatin Co MT MISC 111.00 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. Landowners shall pay to the City Fire and Street Impact Fees for the existing structures within the Tract prior to or at the time of Landowners' execution ofthis Agreement 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 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 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, Landowner agrees to pay City at that time, the amount calculated for all such fees based upon the rates established at the date of this agreement Landowners further understand and agree that any improvements, either on-site or off-site, necessary to provide connection of HIGHLAND SECOND ADDITION Annexation Tract 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, If Landowner shall 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 Landowner of such default, City may at their option: A. Declare the amounts owing for impact fees immediately due and payable and City shall have the right and privilege to take legal action against Landowner 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 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 City that impact fees imposed pursuant to Chapter 3.24 of the Bozeman Municipal Code are subsequently voided or declared invalid by a court of competent jurisdiction. It is the express intention of the parties not to be bound by such a declaration or judgment and, therefore, notwithstanding any judgment either limiting impact fee payments under annexation agreements to specified amounts, or prohibiting any such payment, landowner will pay such amount as specified above. 15. Additional Terms of Waivers The parties recognize that these documents shall be filed and of record with the Gallatin County Clerk and Recorder prior to the sale of any land with the HIGHLAND SECOND HIGHLAND SECOND ADDITION ANNEXA TION AGREEMENT Page 7 , t 1111111111111111111111111111111111111111111111111111111 ~~3~~f~t ~p Shelley Vance-Gallatin Co MT MISC 111.00 ADDITION. 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. 17. Attornev's Fees In the event it becomes necessary tor 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 to reasonable attorney's fees and costs, to include the salary and costs of in-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 ofthe 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 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 Assie:nment It is expressly agreed that the Landowner shall not assign this Agreement in whole or in part without prior written consent of the City. 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 HIGHLAND SECOND ADDITION ANNEXATION AGREEMENT Page 8 '. . 1111111111111111111111111111111111111111111111111111111 ~~3~~:8:t~p Shelley Vance-Gallatin Co MT MISC 111.00 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. LANDOWNER BOZEMAN DEACONESS HEALTH SERVICES ;;;.--C /i /!~ B: /- Its: F7r L 5,," d...< #/ . ST A TE OF MONT ANA ) :ss COUNTY OF GALLA TIN ) 7flt '-~r(/' v On this day of for the State of Montana, p~rsonally a peared to me to be the _";, . l,. 6D of Bozeman Deaconess Health Services, the corporation that executed the oregoing Annexation Agreement, and acknowledged to me that he/she executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the day e bove J~ ;;. V[J 0 \\\\\\111I111111/11/111 >>\\\\ Y 111111 #'''' '01>-.. .'P. 51'4 111,y-:;, (~'iiP5~~"'~J' \, c, 0 . ~ (' '. 0 '<' f'; -. .: "- '1.- % i (SEAL) J CITY OF BOZEMAN ~ ". . $ ~'" cJ"" ..' ~ 8 C~/~j' ~~\/f::tohito~~"<>~S 1/II(f(111 rIll il\\\\~\\\ ~ By: ~fjS kllkvlSk\ CHI l\1anager ATTEST: 0-- ft/U Clerk of the City Commission STATE OF MONT ANA ) :ss COUNTY OF GALLATIN ) On this ) r- day of /l7 C1 'I , .., 1-00 h . before me. a Notary Public for the state of Montana, persbnally appeared Chr; ~ r<J~v'lsl:i C1" J De- lJ;'" In. J!M ~I)<I,( ....nown 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 HIGHLAND SECOND ADDITION ANNEXATION AGREEMENT Page 9 ~, ' II11I111111111111111111111111111111I111111111111111111I ~~3~~~0~~P Shelley Vance-Gallatin Co MT MISC 111.00 the within instrument and acknowledged to me that they executed the same for and on behalf of said City. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the day year first abov written. Ihflf h if 8-r en V~ Notary Public for the State of ~ontana. ~ ~ Residing: f1' Commission Exf1!!llf. 2t . I D \\\\ \" 11111/1/1111. ':\\\\ 81 Cc III. #,.<>0. " ,c.lVv~~ (Not~S\!(Seal) . . ~1-% :!2 "1'" 4C c..~ == U.' " . rn ~ =I' .- .*~ :;:: .. -1 -, ,.,.., I L. :: ~ *. (.... IH /J. . .::, ~ ~ u .I..J..L,rl. . ~.:::.- __ .n . . ~ ~ 'Z v). . . ~'::;;; ~ -<f/j' . . . . . ~'" .ff' ~///I f: OF MG ~~~ III ~P{lflll[llll~b \\ \\ \\\'\ HIGHLAND SECOND ADDITION ANNEXA TION AGREEMENT Page 10 . \ \11\1\ 11111 \\11I 11II \11111\\ 1\\\11\1111\1111\11 \1\ 111\ ~~3~~,~~p . Shelley Vanoe-Gallatin Co MT MISC 111.00 EXHIBIT "A" WAIVER OF RIGHT-TO-PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICT FOR A CITY-WIDE PARK MAINTENANCE DISTRICT HIGHLAND SECOND ADDITION ANNEXATION TRACT The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: That tract of land located in the Southeast One-Quarter of the Northeast One-Quarter and the Northeast One-Quarter of the Southeast One Quarter of Section 18, Township 2 South, Range 6 East, Principal Meridian Montana, Gallatin County, Montana, and being more particularly described as follows: Considering the line from the Center-East One-Sixteenth Corner of Said Section 18 to the Northeast One-Sixteenth Corner of Said Section 18 to bear North 00038'47" West, with all bearings contained herein relative thereto: Commencing at the Center-East One-Sixteenth Corner of Said Section 18; Thence along the south line of the West One-Half of the Southwest One-Quarter of the Southeast One-Quarter of the Northeast One-Quarter of said Section, South 89026'51" East, 42.26 feet to the Point of Beginning: Thence continuing along said line, South 89026'51" East, 288.84 feet to the Southwest Corner of the East One-Half of the Southwest One-Quarter of the Southeast One-Quarter of the Northeast One-Quarter of said Section 18; Thence along the west line of said East One-Half of the Southwest One-Quarter of the Southeast One-Quarter of the Northeast One-Quarter of said Section 18, North 00026'48" West, 668.47 feet to the Northwest Corner of said East One-Half of the Southwest One-Quarter of the Southeast One-Quarter of the Northeast One-Quarter of said Section 18; Thence along the north line of said East One-Half of the Southwest One-Quarter of the Southeast One-Quarter of the Northeast One-Quarter of said Section 18, South 89012'48" East, 333.47 feet to the Northeast Corner of said East One-Half of the Southwest One-Quarter of the Southeast One-Quarter of the Northeast One-Quarter of said Section 18; Thence along the east line of said East One-Half of the Southwest One-Quarter of the Southeast One-Quarter of the Northeast One-Quarter of said Section 18, South 00014'42" East, 667.07 feet to the Southeast Corner of said East One-Half of the Southwest One-Quarter of the Southeast One-Quarter of the Northeast One-Quarter of said Section 18; Thence along the south line of said East One-Half of the Southeast One-Quarter of the Northeast One-Quarter of said Section 18, South 89026'51" East, 594.27 feet to a point on the west line of the Highland Boulevard Right Of Way; Thence along the west line of said Highland Boulevard Right Of Way, South 00007'28" West, 289.80 feet to the point of intersection of said Highland Boulevard Right Of Way with the north line of Block 3A as shown on the Plat of LeClairs Rearrangement of Blocks 2, 3, 4, and 5, Grat's First Subdivision, Second Filing, as recorded at the office of the Gallatin County Clerk and Recorder; Thence along said north line of Block 3A as shown on said Plat of LeClairs Rearrangement of Blocks 2,3,4, and 5, Grafs First Subdivision, Second Filing, South 89042'28" West, 618.83 feet to the southeast corner of Tract 2 as shown on Minor Subdivision No. 68 as recorded at the office of the Gallatin County Clerk and HIGHLAND SECOND ADDITION ANNEXA TION AGREEMENT Page 11 .. \ 111111111111111111111111111111111111111111111111111111 g~~~O~~F . Shelley Vance-Gallatin Co MT MISe 111.00 Recorder; Thence along said Tract 2 as shown on Minor Subdivision No. 68, the following five (5) courses: North 00000'28" East, 21.11 feet; South 89042'28" West, 450.45 feet; North 09057'23" East, 8.95 feet; South 89042'28" West, 144.50 feet; North 00016'18" West, 277.78 feet to the Point of Beginning. Said Tract contains 13.096 acres, more or less, and is subject to all easements offact and record. IN CONSIDERATION of receiving approval for annexation of the subject property from the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the 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 area and/or of a City-wide Park Maintenance District, which would provide a mechanism for the fair and equitable assessment of maintenance costs for City parks, or to make any written protest against the size or area or creation of the district be assessed in response to a duly passed resolution of intention to create one or more 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 ofthe 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. 'f4 'L-z;>cPo DATED this i day of 7--< /; , ,.49_. 9-?-~ LANDOWNER BOZEMAN DEACONESS HEALTH SERVICES 9~~- A4~~ By: A <.L, r Its: /.c 5'" -r /J STATE OF MONTANA ) :ss COUNTY OF GALLA TIN ) HIGHLAND SECOND ADDITION ANNEXA lION AGREEMENT Page 12 .... -\111111111111111111111111111111111111111111111111111111 ~~;~~?,~~p . Shelley Vance-Gallatin Co MT MISC 111.00 etA .;< !J [J [) On this ,1-9- 1. be,e me, a Notary Public for the State of Mo ,pe~~o . lY,P /1 ~lIL'" lfih' L ,known to me to be the '?2' I' <h ~__ (J of Bozeman Deaconess Health Services, the corporation that executed the for going Annexation Agreement, and acknowledged to me that he/she 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. ~ ---.. \ I / .' No ry ublicfor the Mo na. .~ _ Residing: Z::O~c.l-'FJA'A-J /)')) Commission Expires: (JUh~. A $I ;) fJ DO / 7 ,\lI\llllIllrll/!!III/ \\\\\\ y I/II/f (Notaria~~~1.". .I~. ~~A.t':'++ ;p ~.., 0IAR/-1"" lr.\ if 0 ;' ,"" ( ... 0 ";-. ~-.: ''t'" ~ : SEAL'~ ~ ~ . ,.- ~, ...... . . ~.. - . ~ ==- :. ::' ~. - - , - ~ \. ," l "~ .'- '> ~ .-.. .... ~., ~ ~ u_..... ~.'....' .~ ">>. ~':"~\*~,$' Y/I;: " IilF' . ~~ II/III ...... \\\\.\ /11/11/111/1111\\\11\\1\ HIGHLAND SECOND ADDITION ANNEXATION AGREEMENT Page 13