HomeMy WebLinkAbout06- Glen Haven Annexation Agreement
Clerk of Commission
PO Box 1230
Bozeman, MT 59771
GLEN HAVEN ANNEXATION AGREEMENT
']HTS AGREEMENT is made and entered into this~ day of fJ\'1 ' 200 +.;' ,
by and between the Cny OF BOZEMAN, a municipal corporation and political subdivision of the
State of Montana, with offices at 411 East Main Stn:ct, B07.eman, Montana 59771-1230, hereinafter
referred to as "City", and Glen Haven Properties, Inc., P.O. Box 1273, Bozeman, MT 59771
hereinafter referred to as "Landowner".
WITN !1:SSr;TH:
WHl~REAS, the Landowner is owner in fee of a tract of certain real property, hereinafter
referred to as the "(-i-LEN HAVEN ANNEXATION", situated in Gallatin County, Montana, and more
particularly described as follows:
Tract of l,and located in the Wl/2, W1/2, NE%, SW% of Section 11, T2S, R5E, PMM,
Gallatin County, Montana.
Said tract contains 2.65 acres, more or less, along with and subject to all casements of
record or apparent on the ground.
WHEREAS, the Landowner has petitioned the City for annexation of the contiguous tract; and
WHEREAS, the GLEN HAVEN 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
accordance with the provisions of this Agreement and M.C.A. Title 7, Chapter 2, Part 46.
I GLEN HAVEN ANNEXATION AGREEMENT II
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 GLEN f-IAVEN i\NNI<~XATION; and
WHEREAS, all parties recogl11ze that the development of the GLEN I IA VEN
ANNEXATION will impact West Babcock Street and Fowler Avenue, and will require additional
public street improvernents for traffic circulation; and
WHEREAS, the Landowner finds that this Agreement will provide for the most satisfactory and
dependable water supply or service available to furnish water and provide traffic circulation fot
development neat and within the C;-LL<~N HAVEN ANNEXATION; 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 and traffic system by the City 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 City and the
1 _andowner, and in furtherance of the public health, safety and welfare of the community to enter into
and implement this Agreernent.
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 GLEN IIA VEN ANNEXATION
with the City. The City, on November 7, 2005, acknowledged receipt of petition for annexation and
acknowledged receipt of staff report for the GLEN IIA VEN ANNEXATION. By execution of this
I GLEN HAYEN ANNEXATION AGREEMENT ~
Agreement, the City has manife::sted its intention to annex the GLEN HAVEN ANNEXATION tract
pursuant to the terms and conditions of this Agre::e::me::nt. Subject to the provisions of Title 7, Chapte::r 2,
Part 46, the City shall, upon e::xecution of this Agreement, adopt a Re::solution of Annexation of the
GIX':N HAVEN ANNEXATION to the City. Further, upon the execution of this Agreement, the
Landowner shall do all things ne::ce::ssary and proper to aid and assist the City in carrying out the terms,
conditions and provisions of this Agreem,ent and effectuate the annexation of the GLEN IIAVEN
ANNEXATION tract to the:: City.
3. Services Provided
The City will, upon annexation, make:: available:: only e::xisting City services to tile e::xte::nt currently
available, including municipal water service, municipal sewer service, police protection, and fire
protection, to the C;-LEN rrA VEN ANNEXATION, as provided in this i\gre::ement. The property is
currently supporting one single household residence and a home occupation. Upon annexation and
upon availability of service, these structures must be connected to City water and sewer utilities or
rernoved prior to annexation of the property. The existing on-site treatment systems must be properly
abandoned and certification provided the abandonment occurred. Any wells presently used for
dornestic purpose can be retained for irrigation only with no physical connection to domestic water
pIping. All applicable fees shall be paid at the time of connection to City services.
4. Municipal Water Service Defined
The tenn "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 se::rvice.
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 GLEN IIA VEN ANNEXATION. Nothing in
this Agreement shall obligate the City to pay for right-of-way acquisition, engineering, construction, and
I GLEN IIAVEN ANNEXATION AGREEMENT ~
other costs for the delivery of water to or within the GLEN HAVEN ANNEXATION to include, but
not lirnited to, any impact fees, hook-up, connection, or development charges which may be established
by the City. The applicant is further on notice that prior to development the applicant will be
responsible for installing any facilities required to provide full municipal services to the property in
accordance with the City of Bozeman's infrastructure master plans and all city policies that may be in
effect at the time of development.
5. Municipal Sewer Setvice 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 GLEN HA V f<:N ANN I,:XA 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 GLEN HAVEN ANNEXATION
to include, but not limited to, any impact fees, hookup, connection, or development charges which may
be established by the City. The applicant is further on notice that prior to development the applicant
will be responsible for installing any facilities recluired to provide full municipal services to the property
in accordance with the City ofB07eman's infrastructure master plans and all city policies that may be in
effect at the time of development.
6. Water Rights
The parties acknowledge the following City policy:
Prior to anne:x:ation of properly, il Jha!! be ilJe polity ollhe Ci(y of13ozemall 10 acquire uJable lValer
"zgh/J, or all appropn'ate lee in lieu there~f,- equal to the antid-pated a1!m~ge annual ton.wmption of
water I:y reJidentJ and/ or UJen oflbe propet{y lVhen jit!!y developed. Thejee !-m!y be uJed 10 acquire
lvater r<~htJ orfor ittlprOlJettlentJ to the water ~YJli:ttl lVhich would create addilionallVater J"lIpp!y
capmi!y. E:x:cept, h01vever, Ihal jor at!y anne:x:atiotl in exceH ~l ten (10) acres, this poliq shall be
mrried out prior tojinal plat apprOlJa! of each deve/opmelll phaJe.
I GLEN HAVEN ANNEXATION AGREEMENT ~
Section 2, No.5, Commission Resolution 3137, Adopted August 19, 1996
The GLEN f-IA VEN ANNEXATION consists of approximately 2.<l5 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:
GLEN HA VEN ANNEXATION, C011Si.,.tillg of:1 total of 2.65
acres, skill provide water r~gl1ts or casl1-ill-lieLI prior to final
subdivision plat approval, final site plan approval, or issuance of
any building permits, whichever comes first.
The Landowner shall provide sufficient 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 developrnent fot the ptoperty at the titne such
calculation is made.
7. Comprehensive Water and Sewer Design Report
Prior to future development of the property, the Landowner shall have prepared by a
Professional Engineer, at Landowner's expense, a comprehensive design report evaluating existing
capacity of sewer and water utilities. The report must include hydraulic evaluations of each utility for
both existing and post-development demands, and the report findings must dernonstrate adequate
capacity to serve the full development of the land. If adequate water and/ or sewer capacity is not
available for full development, the report must identify necessary water system and sewer system
improvements required for full development. The Landowner agrees to complete at Landowner's
expense, the necessary system itnprovements to serve the full development.
S. Future Development
Landowner understands and agrees that adequate municipal services and facilities are not
currently available to much of the area proposed for annexation, and that there is no right, either
I GLEN HAYEN ANNEXATION AGREEMENT ~
-------
granted or irnplied by the City, for the Landowner to develop any of the GLEN H^ VEN
ANNEXATION until it is verified by the City that ncccssal)' municipal services and facilities, including
but not limited to police and fire protection and road irnprovements, arc available to aU or a portion of
the GLEN Hi\ VEN ANNEXATION.
The Landowner understands that the following additional terms are required for the future
development of the property:
9. Impact Fees
Landowner(s) hereby acknowledge that annexation and development of theiJ: property will
impact the City's existing street, watet, and scwer infrastructure, and fire service requiremcnts.
L,andowners shall pay to the City impact fees for the existir1g residence with the submittal of a final plat,
final site plan, building permit or connection to the municipal sewer and water systems, whichever
occurs first, unless the dwelling unit is demolished OJ: moved. At the time of any fmther developrnent
on the properties, 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
Landowners further understand and agree that any improvements, either on- or off-site,
necessary to provide connection of GL1~N HAVEN tract to municipal services which arc wholly
attributable to the property are "project related improvements" as defined in Chapter 3.24, Bozeman
Municipal Code, or as amended, and as such, arc not cligible for impact fee credits.
If I,andowncr shall default on this condition at the time such is to be performed, and should
default not be rcmedied or corrected within thirty (30) days after written notice by City to Landowner of
such default, City may at their option:
A. DeclaJ:e the amounts owing for impact fees immediately due and payable and City shall have
the right and privilege to take legal action against I,andowner for the collection of such
I GLEN HAVEN ANNEXATION AGREEMENT ~
_..___________m___
sums, including the entry of any judgment. In addition, the City may, at its option, enforce
payment of such amounts by levying an assessment on the premises.
B.nlect any other remedy available to City under the laws of the State of Montana.
C. Any waiver by City of any dct~lUlt shall not be construed as a waiver of any subsequent
default.
D. Landowner(s) hereby acknowlcdgc and agree that it shall be no defense to the
enforcemcnt of this provision by City that impact fccs imposed pursuant to
Chaptcr :1.24 of the Bozernan Municipal Code are subsclluently voidcd or declared
invalid by a court of competent jurisdiction. It is the express intention of thc
parties not to be bound by such a declaration or judgment and, thercforc,
notwithstanding any judgment either limiting impact fee payments under
annexation agreernents to specified amounts, or prohibiting any such paymcnt,
landowner will pay such fees as specified above, in the amounts calculatcd for all
such fces bascd upon thc rates cstablished at thc datc of this agreement.
10. Stormwatcr Master Plan
T ,andownet undcrstands and agrccs that a Stormwater Master Plan for the CLEN 111\ V I '~N
^ NNFX^TTON for a systcm dcsigncd to removc solids, oils, grease, and other pollutants from thc
runoff from the public streets must be provided to and approvcd by the City Engineer at the time of any
future development. The master plan must depict the maximum sizcd rctention/ detention basin
location and locate and provide casements for adequate drainagc ways within the area to transport
runoff to thc stormwater rccciving channel(s). Thc plan shall includc site grading and elevation
in formation, typical stonnwater detcntion/ rctcntion basin and discharge structure details, basin sizing
calculations, and stormwater maintenance plan.
11. Traffic Analysis Report
I GLEN HAVEN ANNEXATION AGREEMENT i
Landowner may be required to provide a detailed Traffic Analysis Report(s) at the time of future
development of any portion of the annexed property.
12. Waiver of Right-to-Protest Special Improvement Districts.
Landowner has executed a Waiver of Right..to-Protest Creation of Special Improvement
Districts for street improvements, including paving, curb/gutter, sidewalk, and storm drainage
appurtenances to West Babcock Street and signalization of the intersection of Fowler A venue/Babcock
Street; and have further executed a Waiver of Right to-Protest Creation of Special Parks Maintenance
District. Said Waivers arc attached hereto as Exhibits ^ and B.
In the event an SID is not utilized for the completion of these irnprovements, 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 form the development, or a combination thereof.
13. Parks. Open Space and Trails
Landowner understands and agrees that to achieve the goals and objectives set forth in the
Bozemtltl 2020 Comln/mi/-y PI all, any contiguous parks, open space, and/ or trails shall be extended to the
annexed property, and a Master Plan of said parks, open space and trails shall be provided. Said Master
Plan is attached hereto as Exhibit C.
14. U tban Design
The landowner acknowledges and agrees that future development will comply with the goals
and policies of the Boze1llall 2020 C01ll1ll/{Jli/-y Plan, and having recognized the City's concern for
im.plernentation of progressive urban design guidelines outlined in the Bozemall 2020 C01ll1ll!tni/-y Plan for
both community and neighborhood desi6'l1, a Master Plan of the land use patterns and types for
development of the property that addresses compatibility with and sensitivity to the immediate
environment of the site and the adjacent neighborhoods relative to architectural design, building mass
I GLEN HAYEN ANNEXATION AGREEMENT ~
and height, neighborhood identity, landscaping, historical character, orientation of buildings, and visual
integration shall be provided with the signed annexation agreement. Said Master Plan is attached hereto
as Exhibit D.
17. Utility Easements
Landowner understands and agrees that utility easements, a minimum of 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 cteate such casements in locations agreeable to the City during the appropriate
development procedure, but in no event later than the filing of any final plat or site plan or issuance of a
builcling permit on any of the parcels.
18. Additional Terms of Waivers
The parties recognize that these documents shall be filed and of record with the C3-allatin County
Clerk and Recorder prior to the sale of any land within the Gl ,EN HAVEN ANNEXATION. I'he
parties further agree that the City may file these documents at any time.
19. Governing Law and V cnue
This Agreement shall be construed under and governed by the laws of the state of Montana. In
the event of litigation concerning this Agreement, venue is in the [':ighteenth Judicial District Court,
Gallatin County, State of Montana.
20. 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 to
reasonable attorney's fees and costs, to include the salary and costs of in-house counsel inducling City
Attorney.
21. Waiver
I GLEN HAYEN ANNEXATION AGREEMENT 1
No waivcr by cithcr party of any breach of any term, covenant or agrccmcnt shall be deemed a
waiver of the same or any subsequent breach of this same or any other term, covenant or agrccment.
No covenant, term or agreement shall be deemed waived by eithcr party unlcss waived in writing.
22. Invalid Provision
The invalidity or unenforceability of any provision of this Agreement shall not affect the other
provisions hereof, and this Agreement shall bc construed in all respects as if such invabd or
unenforceable provision were omitted.
23. Modifications or Alterations
No modification or amendment of this Agreernent shall bc valid unless evidenced by a writing
signcd by the parties hereto.
24. 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 City.
25. Successors
This Agreement shall be binding upon, inure to the benefit of and be enforceablc by the parties
hereto and their respective heirs, successors and assigns.
26. Covenants to Run with the Land
The parties intend that the terms of this Agreemcnt shall be covenants nl11ningwith the land and
shall not expire at their deaths or upon transfcr of ownership of the property.
The undersigncd Landowncrs affirms that they have authority to cntcr into this Agreement on
behalf of thcir partnership, and to bind the partnership to this Agreement.
27. Future Development FYI
I GLEN .IMVEN ANNEXATION AGREEMENT *>
a. The land owner is advised this is located within the following payback districts: West
Babcock Street SID 683, Main Mall Sewer, and SID 622 Water. These paybacks must be
made prior to the initiation of construction on any of the infrastructure improvements
for this subdivision.
b. Prior to any development of the subject annexation, a stormwater drainage and grading
plan shall be provided to and approved by the City Engineer. The plan must
demonstrate that adequate treatment of runoff from the public streets and all future lots
will be achieved by providing spot elevations, flow direction arrows, detention and/ or
retention basin details(including basin sizing calculations and basin typical sections),
outlet structure details, and culvert capacity calculations. The plan must also locate and
provide easements for adequate drainage ways within the annexation area to transpol't
treated runoff to the stormwater reeeiving channel
c. A detailed Traffic Impact Analysis Report may be required prior to future development
of the subject annexation.
d. Prior to any development of the subject annexation, the land owner's engineer will be
required to prepare a comprehensive design report evaluating the existing capacity of
both the water and sewer utilities. The report must include hydraulic evaluations of each
utility for both existing and post development demands. The report findings must
demonstrate that adequate capacity is available to sel\Te full development of the
annexation area. If adequate water and/or sewer eapacity is not available for the full
development, the report must identify the water and sewer systern improvements
required to provide the necessary capacity, Any improvements necessary to serve the full
development must be in place prior to further development of the site.
e. The land ownet is advised that water mains in excess of 500 feet long must be looped.
f. Additionally, the applicant should understand that prior to subdivision plat approval, site
plan approval, or the issuance of any building permits each of the following items will
need to be addressed. jiirst, the applicant is responsible for providing a detailed wetlands
map and summary report for the subject property; the map must be depicted on an 18" x
24" paper copy and a compact disk. Second, the landowner shaH provide a Master Plan
of the diversity of housing types to address the goals and objectives set forth in the
BozemaJl 2020 Co:rmmmity Plan.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year fIrst above written.
LANDOWNERS
,./ 0~
-. 4'''
i#&/:' ~...~-A
-13y~ry itt
President, Glen Haven, Inc.
STA'fE OF MONTANA )
:ss
COUNIY OF GALLATIN)
I GLEN H^VEN ^NNEX^TION ^GREEMENT III
On this 'I'th day of ~ ' 20()tL, before me, a Notary Public
for the State of Montana, personally appeare Larry Witt, known to be the person whose name is
subscribed to the within instrument and acknowledged to me that they executed the same.
TN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year fIrst above written.
(SEAl,) \j)1-(Q,{Il~ fJv (JA/lIIJv-.
H 1/, {12 Ir1-€ (.; v' .f!----Vl I' 1t1 roe/,,,-
Printed Name
Here}{ tt{PMP . ere Vi i ~^'---.
Notary Public for the State of
Montana
Residing at 13 Dli ~"^---
My Commission .
Expires: 3/25 / 2J)() "7
I GLEN HAYEN ANNEXATION AGREEMENT ~2
--- --
CITY OF BOZEMAN
C~A-~
By: Chris Kukulski, City Manager
ArrEST:
J24?L-
Devin I larbour,
Acting City Clerk
STATE OF MONTANA )
:ss
COUN'lY or GAL~;IN)
On the ~7J day of ~ ' ' :0 {){'1 befme me, a Nntary Public for the State nl
Montana, personally appeared CHRIS klJI\.ULSKI ~ Dl ~ VIN HARBOUR, known to me to be the
City Manager and Acting Clerk of the City Commission respectively, of the City of Bozernan, whose
names arc subscribed to the within instrument and acknowledged to rne that they executed the sanle for
and on behalf of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and
yeZ\\\\fll~~Iff1:rWmn above.
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I GLEN HAYEN ANNEXATION AGREEMENT 113
EXHIBIT A
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
GLEN HAVEN ANNEXATION
The undersigned owners of the real property situated in the County of Gallatin, State of
Montana, and rnore particularly described as follows;
Tract of Land located in the W%, W%, NE%, SW'/4 of Section 11, '1'2S, R5E, PMM,
Callatin County, Montana.
Said tract contains 2.65 acres, more or less, along with and subject to all casements of
record or apparent on the ground.
TN CONSTDERA TION of receiving approval fot" annexation of rhe 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 West
B,lbcock Street ,md Fowler A ve1lue, which will be caused by the developrn,ent 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 puvi1lg, curb, gutter, sidewulk,
U1ld ...tonn druitwge filciJities for West Bubcock Street; fbr sigmllizIltio1l oftbe i1ltersectiOl1 of
West B,lbcock Street/Fowler Ave1lue; or to nuke any written protest against the size or area or
creation of the district, or method of assessment to be assessed in response to a duly passed resolution
of intention to create one or more special improvernent districts which would include the above-
described property.
In the event an SID is not utili7:ed for the completion of these improvements, the developer
agrees to participate in an alternate financing method for the completion of said improvements on a fait
share, proportionate basis as determined by square footage of property, taxable valuation of the
property, traffic contribution from the development or a combination thereof.
I GLEN HAVEN ANNEXATION AGREEMENT 114
This waiver shall be a covenant running with the land and shall not expire, 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 ~. ,20~.
LANDOWNER
/1;;:;~//~A
/J3y: L~tt
Prcsid nt, Glen Haven, Inc.
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN)
On this 1/0 day of 11/b~, 200~, before me, a Notary Public
for the State of Montana, personally app . "cd Lany WItt, known to be the person whose name IS
subscribed to the within instrument and acknowledged to me that they executed the same.
IN WITNESS WHERE()1i, 1 have hereunto set my hand and affixed rny official seal the day
and year first above written.
(SEAL) V~J(p/VV ffr~/Vf FY(fA-
-
Printed Name
~. HerelJp l P Vlf G Vl? VI (MBP/V
Notary Public for the State of
Montana
Residing at 8trzv~iVla.,",^---_
My Commission
Expires: 3/ zs /ZO()7
I I
I GLEN HAVEN ANNEXATION AGREEMENT ~5
.
.
EXHIBIT B
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL PARKS MAINTENANCE DISTRICTS
GLEN HAVEN ANNEXATION
The undersigned owners of the real property situated in the County of Callatin, State of
Montana, and more particularly described as follows:
Tract of Land located in the Wl/z, Wllz, NEIll, SWI/4 of Section 11, T2S, R5E, PMM,
Gallatin County, Montana.
Said tract contains 2.65 acres, more or less, along with and subject to all easements of
record or apparent on the ground.
IN CONS ID ERA 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 of the impacts on the City's park
facilities and the need for the maintenance of municipal park areas to serve City residents, the owners
have waived and do hereby waive for themselves, their successors and assigns, the right to protest the
creation of one or more special parks maintenance or improvement districts fot. a City-wide P:lrks
Maintel1al1ce Di.,trict, or to make any written protest against the size or area or creation of the district
to be assessed in response to a duly passed resolution of intention to create one or more special parks
maintenance or llTlprovement districts.
In the event City.wide Parks Maintenance or Special Improvement Districts arc not utilized for the
City-wide park maintenance, we agree to participate in an alternate financing method for completion of
said improvements on a fair share, proportionate basis as determined by slluare footage of the property,
linear front footage of the property, taxable valuation of the property, or a combination thereof.
This waiver shall be a covenant running with the land and shall not expire, 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.
I GLEN l-IA YEN ANNEXATION AGREEMENT 116
.
.
rL M1 ,20~.
DATED this ~ day of
LANDOWNER
u.~~~pW
,~:Lar7 ~t
President, Glen Haven, Inc.
S'/'i\'l'F OF MONTANA )
:ss
COUNTY ()Ii GALLATIN)
On this 1/,1- day of ~~ ,200 i.o , before me, a Notary Public
for the State of Montana, personally appea . Larry Witt, known to be the person whose name IS
subscribed to the within instrument and acknowledged to me that they executed the same.
IN WITNESS WIlEREOF, I have hereunto set my hand and affixed tny official seal the day
and yeat first above written.
(SEAl.) ''ite,Cvvu 3/~'V1-(~
Printed Natne
.. .-- IlereHp LPN GVCJ11'v;r-/'--
Notary Public for the State of
Tvrontana
Residing at 6UU~'l/ICtN'\--
My Commission
E ' "3/LrIW)Cj
xpucs:, ) L
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I GLEN HAYEN ANNEXATION AGREEMENT ]17