HomeMy WebLinkAbout92- Cardinal Distributing/Kack Annexation
, , I ;
. CARDINAL DISTRIBUTING/KACK ANNEXATION ~GREEMENT
THIS AGREEMENT made and entered into this 16th day of
April , 199i, 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, MT 5Sl771-
0640, hereinafter referred to as "City" and Edward M. Brandt tor
H.C.M. , a limited partnership dba Cardinal Distributing, 2614
Spring Creek Drive, Bozeman, Montana, and James W. and JoAnne Bee
Kack, 6531 Jackson Creek Road, Bozeman, Montana, and Burlington
Northern Railroad Company, Hutton Building, Suite #210. South 9
Washington Street, Spokane, Washington, hereinafter collectively
referred to as "Landowners".
WHEREAS, Edward M. Brandt 1S owner in fee of certain real
property, hereinafter referred to as the Cardinal Distributing
Parcel situated in Gallatin County, Montana, and more
particularly described as follows:
Tract B-1 of C.O.S. No. l56-C, Located in the NW 1/4
of Section 6, T2S, R6E, P.M.M. , Gallatin County,
Montana.
WHEREAS, James W. and JoAnne Bee Kack are owners in fee of
certain real property, hereinafter referred to as the Kack
Parcel, sltuated 1n Gallatin County, Montana, and more
particularly described as follows:
'rracts A-l ot C.O.S. No. 156-C located in the NW 1/4
of Section 6, T2S, R6E, P.M.M. , and Parcel Two of
C.O.S. No. 970 located in the NW 1/4 of Section 6,
'r2S, R6E, P.M.M. , and the NE 1/4 of Sect10n l, T2S,
R5E, P.M.M. , Gallatin County, Montana.
WHEREAS, Burlington Northern Railroad Company is owner
in fee of certain real property, hereinafter referred to as the
Burlington Northern Parcel, situated in Gallatin County, Montana,
and more particularly described as follows:
C.O.S. No. 1429 located in the NW 1/4 of Section 6,
T2S, R6E, P.M.M. , Gallatin County, Montana.
WHEREAS, the Cardinal Distributing Parcel, the Kack Parcel,
and Burlington Northern Parcel are hereinafter collectively
referred to as the three parcels; and
WHEREAS, all parties recognize tnat the annexation ot the
three parcels pursuant to Section 7-2-4301, et seq., M.C.A. , will
entitle the three pa.r.:cels to City services, including municipal
1
J , l
water and sewer service; and
WHEREAS, the City's present water supply is insuffic1ent 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
three parcels will impact Griffin Drive and Gilkerson Drive and
will require additional public streets for traffic circulation;
and
WHEREAS, the Landowners wish to convey to the City certain
water rights or take some equivalent action to provide water and
sewer service to the three parcels; and
WHEREAS, the Landowners find that this agreement will
provide for the most satisfactory and dependable water supply or
service available to furnish water and provide traffic
circulation for development within the three parcels; 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.
W I T N E S S E T H:
~-~-~~---~
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 City Commission will annex the three parcels in
accordance with its decision on July 5, 1988.
3 . Services Provided by City.
Pursuant to Section 7-2-4305 (2), M.C.A. , and Commission
Resolution No. 2701, the City will, after annexation, make City
serv1ces, including water and sewer, available to the three parcels.
4. Municipal Water Service Defined.
2
.
The term "municipal water service" as is used in this
agreement shall be the service which is supplied by the City 1n
accordance with Chapter 13.12, Bozeman Municipal Code, 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 three
parcels or any hook-up, connection, or development charges which
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, 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
three parcels or any 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 of
the City of Bozeman to acqu1re usable water rights, or an
appropriate fee in lieu thereof, equal to the anticipated
average annual consumption of water by residents and/or
users of the property when fully developed. The fee may be
used to acquire water r igtlts 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. 4,
Commission Resolution 2532.
'fhe three parcels consist of approximately 22.4973 acres
being:
- Cardinal Distributing Parcel, Tract B-l of C.O.S. No. l56-
C, 2.1168 acres; - Kack Parcel, Tract A-l of C.O.S. No. 156-
C, 10.9665 acres, and Parcel Two of C.O.S. No. l170, 8.371
acres; and - Burlington Northern Parcel, C.O.S. No. l429,
l.043 acres.
'l'he Landowners understand and agree that they must provide
sufficient water rights in accordance with the City's policy
3
, .
according to the following schedule:
A. Cardinal Distributing Parcel and Burlington Northern
Parcel, consisting of a total of 3.l6 developed acres,
prior to annexation;
B. Kack Parcel, consisting of a total of 19.34 undeveloped
acres, prior to final plat approval of each development
phase, final site plan approval, or the issuance of any
building permit for any portion of the Kack Parcel,
whichever occurs first.
The Landowners shall supply such water rights or fee in lieu as
calculated by the City in accordance with its policy at the time
of calculation. The Landowners turther understand that the City
shall calculate average annual divers10n requirement necessary to
provide water on the basis of the zoning designation for the
property at the time such calculation is made.
7. Griffin Drive Access and utility Easement (Burlington
Northern Railroad Company). -
Landowner Burlington Northern Railroad Company has executed a
Griffin Drive Access and Utility Easement, attached hereto as Exhib1t A.
8. Gilkerson Drive Easement (Kack)
Landowner Kack hereby agrees upon subdivision or Planned
Unit Development review to grant a 60-foot Public Street Easement
for the completion of a continuous looped road system acceptable
to the City from Gilkerson Drive across Parcel Two of C.O.S. No.
970 and Tract A-l of C.O.S. No. l56-C, to the existing access
easement for Griffin Drive prior to the filing of any final plat
or site plan or issuance of a building permit on the Kack
Parcels, whichever first occurs.
::I . Easement for Road on 'fract A-l of C.O.S. No. 156-C (Kack) .
-~~ -- -
Landowner Kack has executed a Public Street Easement,
attached hereto as Exhibit B.
l0. Waiver of Right to Protest Special Improvement Districts -
-
Road Easements. (Kack and Brandt)
-
The Landowners Kack and Brandt have executed Waivers ot
Right to Protest Creation of Special Improvement Districts for
improvements to the road easements listed in paragraphs 7 through
9, inclusive, of this annexation agreement. This waiver is
attached hereto as Exhibits C and D.
11. Waiver of Right to Protest Special Improvements Districts -
- - -
Ut11ity Easements. (Kack and Brandt)
The landowners Kack and Brandt have executed waiver of Right
4
.
to Protest Creation of Special Improvements Districts for
improvements to utility easements, including but not limited to
water, sanitary sewer and storm drainage, within the annexed
parcels. 'rhis waiver is attached nereto as Exhibits E and F.
12. Waiver of Right to Protest Special Improvements Districts -
GriffinDrive. (Kack and Brandt) -
The landsowners Kack and Brandt have executed Waiver of
Right to Protest Creation of Special Improvements Districts for
Improvements to Griffin Drive. 'rhis waiver is attached hereto as
Exhibits G and H.
13. Additional Terms for Road Easements and Waivers.
-- -~~~
All 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 within the three parcels by any Landowner,
and the parties agree that the City may tile these documents at
any time. In addition to executing the Easements, the Landowners
shall dedicate all public streets on the final subdivision
plat(s).
14. Utility Easements.
The Landowners understand and agree 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 parcels. The Landowners shall create such
easements in locations agreeable to the City during the
subdivision procedure or planned unit development procedure but
1n no event later than the filing of any final plat or site plan
or issuance of a building permit on any of the parcels.
15. Governing Law.
-
This agreement shall be construed according to the laws of
the State of Montana.
16. 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 1n all respects as if such invalid
or unenforceable provision were omitted.
17. Modifications or Alterations.
-
No modification or amendment of this agreement shall be
5
.
valid unless evidenced by a writing signed by the parties hereto.
18. No Assignment.
It is expressly agreed that the Landowners shall not assign
this agreement in whole or in part without prior written consent
of the City.
19. Successors.
Except as provided in paragraph l6, 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.
20. 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.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first above written.
CITY OF BOZEMAN
?if, .
.....',.
""----.-..--- //' '\ .
By: . ..~K.- .11c':\~
Its Ci y Manager .
ATTEST:
~f~ ~ion
LANDOWNER
BURLINGTON NORTHERN RAILROAD
COMPANY
/ r-
,( ) lIt. .
"I.t' ~ ,""." ~ t ".' ..&L '--....-.,............-......."..-
(
BY:
TITLE:
6
! I ..
~ i ..
CARQJNAl DI9IBJE3I)JJl:JG / ~_~CK _t>.litJE:XAJJQtL___(j~R EEME!tI
THIS AGREEMENT made and entered into this / &-;-1, day of
--
~, 1992, by and between the City of Bozeman, a
municipal corporation and pol "itical subd i vi s 'j on of the Stat,s of
Montana with offices at 41 1 East Main Street, Bozeman, Montana
59771-0640, hereinafter referred to as "C'i ty" and Edward M. Brandt
for Canj -j na 1 Distributing Company, a 1 imited partnership dba
Cardinal Distributing, 4435 Annette Park Drive, Bozeman, Montana,
and James W. and JoAnne Bee Kack, 6531 Jackson Creek Road, Bozeman,
Montana, and Burlington Northern Railroad Company, Hutton Building,
Suite #210, South 9 Washington Street, Spokane, \"'ash i ngton
hereinafter collectively refe r-red to as "Landowners "
WHEREAS, Edward M. Brandt 1S owne r" '1 n fee of cer'ta in real
pr'oper"ty, het'einafter' referred to as the Cat-dinal Distributing
Par"cel situated in Gallatin County, Montana, and more particularly
described as follows:
Tract B-1 of C.O.S. No. 156-C. located In the NW 1/4 of
Section 6, T2S, R6E, P. M. M. , Gallatin County, Mon-tana,
WHEREAS, James W. and JoAnne Bee Kack are owner's 1n fee of
certain real propert,y, hereinafter referred to as the Kack Parce 1 ,
situated In Gallatin County, Montana, and more part.icular'-],!
described as follows:
T r-acts A-1 of C.O.S. No. 156-C located 1 n the N\'" 1 / 4 of
Section 6, T2S, R6E, P. M.M., and Parcel Two of C.O.S. No. 970
located in the NW 1/4 of Section 6, T2S, R6E, P.M. M. . and the
NE 1/4 of Section 1 , T2S, R5E, P.M.M. , Gallat-in Coun-ty,
Montana.
WHEREAS, Burlington Northern Railroad Company , , fee
18 owner Hl
of ce rta in rea-j property, hereinafter referred to as the Burlington
Northern Parce 1 , situated in Gallatin County, Montana, and mor-e
particularly described as follows:
C.O.S. No. 1429 located 1 n the NW 1/4 of Sect, ion 6 , T28,
R6E, P. M.M. , Gallatin County, Mont,ana.
WHEREAS, the Car-dinal Distr'ibuting Parce 1 , the Kaci< Par-ce! ,
and Burlington Nor'thern Parcel are hereinafter collectively
r-efe r red t.o as the th r'ee par'ce 1 s: and
1
1 '.
4 . r .ol
WHEREAS, all oarties recogn1ze that the annexation of the
three parcels pu r'suant to Section 7-2-4301 . et seq.. M.C .A. , w i1 1
entitle the th r'ee parcels to C'i ty services, including municipal
water and sewer ser'vice; and
WHEREAS, the City's present water supply 1S i nsuff i c i en.t to
enable it to supply reasonably adequate water service to additional
customers outside the pr"esent city boundaries: and
WHEREAS, all parties recognize that the development of the
three parcels wi 11 impact Griffin Dr'i ve and Gilkerson Drive and
will require additional public streets for traffic circulation: and
WHEREAS, the Landowners wish to convey to the City certain
water rights or take some equivalent action to orovide water and
sewer service to the three parcels; and
WHEREAS, the Landowners f1nd that this agreement will prov"ide
for the most sat i sfactcwy and dependable water supply or serV1ce
avai lable to furnish water and provide traffic c'i rculation for'
development within the three parcels: and
WHEREAS, the making and performance of this agreement 1S
des'irable to promote the development of the most adequate water
supply and traffic ci rcu 1 ati on pattern for the CH,y ac' it now
~,
exists and as it is t-easonab 1 y expected to en 1 ar-ge ; and
WHEREAS, the securing of an adequate water supply and t.raffic
syst.em by t.he Cit.y 1 S necessary and of mutual advantage to the
parties hereto.
Yi....I_~t"L~__~_5 ..._~-.l_)j:
IN CONSIDERATION of the mutual covenants and agreements herein
ccmta i ned, the parties her-eta agree as follows:
1 . 8 ~gj tgJ~,.
The above r'ec ita 1 s are true and corr"ect.
2. A tJJ1 E!>5 at ts::W.,
The City Comm1ssion will annex the three parcels in accordance
W"j th its decis'ion an July 5,1988.
3. .:JE!! v i C~$_p t- 0 v.teis g----.!2L_G:L.:t.L,
Pursuant to Section 7-2-4305(2), M.C.A. , and Commission
Resolution No. 27 C 1 . the City will, after annexation, make City
2
l .. t ~ ,
serv 'i ces, including water and sewe r , available to the th r-ee
parcels.
4. Municioal W ate [__~~LY'j _C:;.~._ P~f i n e d .
The term " munic1pal water serV1ce " as -lS used -, n this
agreement sha 11 be the service which 1S supplied by the C1ty 1n
accordance with Chapter 13. 12, Bozeman Municipal Code, as we 11 as
an y othe r- te rrns and conditions which apo1y to the City's prOV1S1on
of this ser-v 1 ce. The term does not contemplate the extension of
lines or construction of necessary imorovements at any cost to the
City for delivery of water to and wi t,h in the three parcels of any
hook~up, connection, or development char'ges which may be
established by the City.
5. M.!d!li ci pal S e wg[_____~~x:yi.c;:~ De fin e_ct...,_
The term " municipal sewer serV1ce " as used Hl this
1S
agreement sha 11 be the serV1ce which 1S supplied by the City 1 n
accordance with Chapter 13.24, Bozeman Municioal Code, as we 11 as
any other terms and conditions WhlCh apply to the City's prOV1S1on
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 three parcels or
any hooh;up, connect, ion, or- development charges which may be
established by the City.
6. W_ater R i qht_s.
The par'ti es acknowledge the following City policy:
Prior to annexation of property, it shall be the policy of the
Ci ty of Bozeman to acqulre usable water rights, or- an
appropr-iate fee 1n li eu thereof, equal to the anticioated
average annual consumption of water by residents and/or users
of the pr'operty when fully developed. The fee may be used to
acqu-i roe water rights or for improvements to the water system
which would create additional water supply capacity. Except,
however, that for any annexation -j n excess of ten ( 1 0 ) acres,
this policy shall be carried out prior to final plat approval
of each development phase.
Section 2, No, 4,
Comrni ss'i or Reso 1 u t -j on 2532.
The three par"cels cons -I st of aporoximately 22.4973 acres
being:
Cardinal D i s t r-j but i n 9 Parce 1 . Tract B-1 of C.O.S. No. 156-C,
2.1168 acres; Kack Par-ce 1 , T r'act A-1 of C.O.S. ~Jo . 156-C,
10< 9665 acr"es, and Pa n:e 1 Two of C.O.S. No. 970. 6.371 acres:
and Burlington Northern Parcel, C.O.S. No. 1423, 1 .043 acres.
3
l I ( ;. . ,.
The Landowner's understand and agree that they must provide
sufficient water r 'j ghts 1 n accordance with the City's policy
according to the following schedule:
A. Card 'j na 1 Distributing Parcel and Burlington Nor-then)
Parcel, consisting of a total of 3.16 develooed acres, pr'i or
to annexation:
B, Kaek Paree 1 , consisting of a total of 19.34 undevelooed
acres, prior to final plat approval of each development phase,
final site plan approval. or the lssuance of any building
oermi t for' any portion of the Kack Parce 1 , whichever occurs
fi r"st.
The Landowne r"s sha 11 supply suer) W('l-te r rights or' fee 1 n 1 i eu as
calculated by the City in accordance with its policy at the time of
calculation. The Landowners further understand that the City shall
calculate average annual dlversion requirement necessary to provide
water" on the bas'i s of the zonIng designation for' the property at
the time such caleula-tion is made.
7. Qr:.tff..i.D_..Qrjy~.. _Anr;~.r:;,f}S$____~m(:t!)t i].Liz ..E:.a,s~m~Dt (f:3urJington
Norther:.!:L__Rai 1 road COED29JJ1.l.
Landowner Burlington Northern Railroad Company has executed a
Griffin Dr" i ve Access and Uti li ty Easement, attached he r-eto as
Exhibit A.
8. gills.. e r so r:LQ.r:iy_~__~..a,~~!!!~_~JY a c k_L
Landowner Kack hereby agrees upon subdivision or Planned Unit
Development reVlew to grant a 50-foot Public Street Easement for
the completion of a continuous looped road system acceptable to the
City from Gilkerson Dr-i ve ae r-oss Parcel Two of C.O.S. No. 970 and
Tract A-1 of C.O.S. No. 156~C. to the existing access easement for
Griffin Drive prior to the filing of any final plat or slte plan or
'j ssuance of a building permit on the Kack Parcels, whichever f'] rst
occurs.
9. _Easement for Road on Tract A-l of S:. 0 . _i?_,_H9--'-____1 5 6 ~ C (Kack) .
Landowner Kack has executed a Public Street Easement, attached
hereto as Exhibit B.
10. Wai var- of Riqht to Protest Soecial I l!!.Q r 0 v e m ~.D.t__..Dl__$'~ C. t(;ts --
R 0 a d _~_9~_~~.Ul tJ ~_-,-___fJ5E.r:;,J5____~!J.Q...Jl..r and t 2
The Landowners I<ack and Brandt have executed Waivers of Right
to Protest Creat'ion of Spec'ial Improvement Districts for
i mor-ovements to the road easements 11 sted 1 n oaragraohs 7 thr'ougfi
4
l l ~ .
9, inclusive. of this annexation agreement. This waVler 1S
attached hereto as Exhibits C and D.
1 1 . W a iY~1~S2f----.B.igtrt___.tQ,Prgt~_s t ~ c tg,I.J mp r ClY~ me 1'1 t, s Q}~:tr:j___~_ts --
Uti lity Eas_~ment~_~,---_____l!5_<;3,_9k and~_[_elldt)
The Landowners Kack and Brandt have executed Waiver of R1ght
to Protest Creation of Special Improvements Districts for
improvements to uti l-ity easements, including but not l'imited to
water, sanitary sewer and storm drainage, w'i thi n the annexed
parcels. This waiver is attached hereto as Exhibits E and F.
12. ~_9jY~.r____QL_Rjght ___tQ___P ro_tes t SPt?_~_J9J_JrnpLQvemen ~QJ$tr-jc::;t__-=
~LfLin[)r; Yli:l_, ( K i:!c k __?fL9__nB r' ~n gj:,J
The Landowne r--s K_ack and Brandt have executed Waiver of Right
to Protest, C r'ea ti on of Soecial Imp r'overnents Districts for
Improvements to Griff-in Dr'ive. This waiver '1 s attached hereto as
Exhibits G and H.
13. Additional Terms _for JiQg,(;L _E::~$~m~_rl_t~ ang_WgtIyer-s.
All parties recognize that these documents shall be fi led and
of r-ecor--d with the Gallatin County Clerk and Recorder' p r lor -to the
sale of any land within the three parcels by any Landowner, and the
par't i es ag r-ee that the City may f i 1 e these documents at any t,'lme.
In addition to executing the Easements, the Landowner's shall
dedicate all public streets on the final subdivision plates).
14. WttJiiY_ Easements---,--
The Landowners understand and agree that utility easements, a
minimum of 30 feet in width, wi 11 be necessary for the installation
and maintenance of water and sewer utility services to the annexeej
parcels. The landowners shall create such easements 11'1 locations
agreeable to the City during the subdivision procedure or planned
unit development procedure but in no event later than the filing of
any final plat or site plan or issuance of a building permit on any
of the parcels.
15. Go v e r- 1'1 i t:l..9...--'=-_~~_,
This agreement shall be construed according to the 1 aws of the
State of Montana.
16. rnvali9 Provision.
" .. .__m......__......_..........._.....___.__
The invalidity or unenforceability of any prov1s'lon of this
5
I I I A ,
agreement shall not affect the other onwisions hereof. and this
ag r'eement sha 11 be construed 1n all respects as if such invalid or
unenfon:eab 1 e provision were omitted.
17. Modifications or Alterations.
No modification or amendment of this agreement shall De valid
unless evidenced by a writing signed by the parties her-eto.
18. NQ__A~~i9DmelJ t '_
It 1S expressly agreed that the Landowners sha 11 not asslgn
this agreement in whole or in part without prior written consent of
the City.
19. Successors.
Except as provided in paragraph 16, this agreement shall be
binding upon, 'I nure to the benefit of and be enforceable by the
parties hereto and their respective heirs. successor's and asslgns.
20. _Covenants to Run with the Land.
-- -
nle part, 'j es intend that the terms of this agreement sha 11 be
covenants running with the land and sha 11 not exp1re at their
deaths ()r- upon transfer of ownership of the property.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed t~he day and year- first above written.
CITY OF BOZEMAN
ATTEST:
(jJ~ O!~
Clerk of the City Commission
6
I I 1 .I, .
LANDOWNER
~:=J. V:J
JAMES W. KACK
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
" fl) A-e 'I
On this /1.::' day of ...- ('I ,1992, before me, a
Notary Public for the State of Montana, oersonally appeared James
W. Kack and JoAnne Bee Kack known to me to the persons whose names
are subscribed to the within instrument and acknowledged to me that
t.hey executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year first above written.
(!; ~f J-j[
Qtt.9-( /c ' It l..J-,;---
Notary Public for- the State of
Montana.
Residing:
Commlssion
( Nota r- i a 1 Sea 1 )
7
. ~ . i
~t\BJ2HLAJ=-__, 0 I .9 T R I. ~U T JNGJ t\/'I~K__ANNJ;"~_6TIQJ'l .. AGREJ;H!;bJ I
. .. tt1
THIS AGREEMENT made and entered Into thlS ~fc, _ day of
A f ~~; I , 1992, by and between the Ci t.y of Bo:::eman, a
municipal corpor'ation and political subdivision of the State of
Jvlontana w1th offices at 411 East Main Street, Bozeman, Montana
59771-0640, hereinafter referred to as "C-j tv" and Edwa rd H. Bnlndt
for Canji na 1 Distributing Company, a 1 i m i ted par-tne r:3h i p dba
Cardi na-1 Distributing, 4435 Annette Par-k Drive, Bozeman, Montana,
and ,.James W. and ,JoAnne Bee I\ack. 6531 Jackson Creek Road. Bozeman,
Montana, and Burlington Northern Ra1lroad Company. Hutton Building,
Suite #210, South 9 Washington Street, Spokane, Washington
hereinafter collectively referred to as "Landowne rs" .
WHEREAS. Edward M. Br-andt 1 s owner 1 n fee of certail) real
p r- 0 per' t y , herei nafter- referred to as t,he Cardinal Distt"ibuting
Parcel situated in Gallatin County, Montana, and more partl eu 1 ar-l y
deser-; bed de follows:
~,
T t-act. B-1 of C.O.S. No. 156-C, located 1 n the NW 1/4 of
Sect -j on 6, T25, R6E, P.M.M. , Gallatln County, Montana.
WHEREAS, J ;,'l.mes W. and JoAnne Bee Kack are owners 'I n fee of
certdi n r-eal property, hereinafter referred to as the Kack Pan~e 1 ,
situated 1 n Gallatin County, Montana, and mot-e oarticularly
desc t" i bed as fo'llows;
Tracts A-1 of C.O.S. No. 156-C located 1n the N\^! 1/4 of
Section 6, T23, R6E, P. M. M. . and Parcel Two of C.O.S. No. 970
located in the NW 1/4 of Section 6, T2S,. R6E, P. M. M. , and the
NE 1/4 of Section 1 , T2S, R5E, P.M.M. , Gallatin County,
Montana.
WHEREAS, Burlington Northern Railroad Company . . fee
1S owner -In
of certa -1 n r-ea 1 property, here1nafter referred to as the Burlington
No r" the r n Pan.:e 1 . situated 1n Gallat-in County, Montana, and mor-e
pd r-ti eu 1 arl y described as follows:
C.O.S. No. 1429 located 1 n the ~~W 1/4 of Section 0, T ,-) c.
I ',.~ '. .,,,1 <:
R6E, r.J.M.M. , Gallatin County. Montana.
WH EREA,S , the Car-j i na 1 Distributing Parcel. the r,dCI'. Pa re,el ,
dll(J Bu r li ngton No t-the r n Parcel aTe hereinafter'- collectively
ref e 1'- r" e ,j Lu as the three parcels: and
1
. , ~
WHEREAS, all par.ti es r-ecognlze t,hat the anne/.atlon of the
th r'ee parcels pursuant to Section 7-2-4301, et sea., M. C:. A. . will
entitle the thr-ee par'ce 1 s to City ser-Vlces, including munic'ioal
water and sewer- service; and
WHEREAS. the City's pr-esent water supply 1 s insufficient to
enable it to supply reasonably adequate water service to additional
eustomer-s outside the preSetlt city boundar'i es: and
WHEREAS, all par-t.ies r-ecogn 1 ze that the development of the
th r'ee oar-eels will impact Griffin Dr'i ve and Gilker-son Dr-ive and
will requir-e additional public streets for traffic circulation; and
WHEREAS, the Landowners wish to convey to the c'i ty ce t-tai n
water rights or- take some equivalent action to provide water and
sewer service to the thr-ee par'ee 1 s; and
WHEREAS, the Landowner-s find that this agreement will pnwi de
for' the most satisfactory and dependable water supply or- service
ava..i lable to furnish water- and provide tr-affic circulation for-
development within the th r-ee parcels: and
WHEREAS, the mak -j ng and per-formance of th'i s ag r-eement 1 S
desir'able to pr-ornote the development of the most adequate wate r-
supply and tr-affic ci r-culation pattern for the City as it now
exists and as it lS reasonably expected to enlarge; and
WHEREAS, the securing of an adequate water- supply and tr"affic
system by the City IS necessary and of mutual advantage to the
par-ti es hereto.
WIT N E S S E T H:
------------..
IN CONSIDERATION of the mutual covenants and agreements her-ein
contained, the par.ti es he reto ag r-ee as fo 11 ows:
1 . R~ c j.t aJ$..'
The above r'eei ta 1 s are true and cor-reet.
2. An n ~)(El. t.lm:L,_
The City Commission will annex the three parcels 1 n aecor-dance
with its decision on July 5,1988.
? ~~_ r' v ii:: e_~_Er o"yj.g~~QY.......QitL.
,) .
Pursuant t:o Section 7-2~4305(2), ~~.C..t.,. , and CDmrnl 5S'1 on
Resolution No. 2701 . the City will. after- annex at i em. make C'j ty
2
j l ..
se r-vi ces, including water and SAwer, available to the three
parcels.
4, 1'1!d!IiLi p<!l_W g_:t~L___;;grY i. ce_[)l?fLtJ~_ci-,-
H)e ter-m " municipal water ser"v 'i ce " -1 S used -i n this
as
agreement sha 11 be the service whidl IS supplled by UIe City 1n
accordance with Chapter 13. 12, Bozeman Municipal Code. as we'1 i as
any other terms and conditions which apply to the Ci ty , s provision
of th-is serV1ce. 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 wit,hin U)e three parcels of any
hook-up, connection. or develoDment charges which may be
established by the City.
5. M uJ1j~_ifl a,J Sewe r Se t-':{js~g__D~fj nl?_Q,
The term " municipal sewer serV1ce " as is used 1n this
agreement shall be the serv-ice which 1 s supplied by the City 111
accordance with Chapter 13.24, Bozeman Municipal Code, as we 11 as
any othf~r ter-ms and conditions which apply to the City's pV"()vi s ion
of this se r'Vl ce, The ter'm does not contemplate the extens'ion of
lines or construction of necessar'y improvements at any CO!3t to the
City for- collection of sewage at and within the three parcels or-
any hookup, connection, or development charges which may be
established by the City.
6. Wat8 r' Riq~lts~_
The parties acknowledge the fo'llowing City POll cy:
Prior to annexation of property, it shall be the pel icy of the
Ci ty of Bozeman to acqulre usable water rights. or an
appr'ODr i ate fee in 1 i eu thereof, equal to -the anticipated
aver-age annua 1 consumption of water by residents and/or U~3er-s
of the property when fully developed. The fee may be used to
acqui r8 wate r r-ights or for- imp nwernents to the water system
which would create additional water supply capacity. Except,
however, that. for any annexation -i n excess of ten ( 1 (I ) acres,
this policy shall be carried out prior to final plat. appr-oval
of each ejeve 1 ()pment phase.
Sectlon 2, No, 4,
Comml 55 '] on Resolution 2:=::32.
The three parcels consist of apo ,ox -i mate 1 y 2 2 , 4 9 7 ,? acres
be1ng:
Can']f na 1 Di str-i buti ng Parce 1 , T rcict 8-1 of C.O'~" No. 156-C,
2.i16,ij ae r'es ; Kack ParCH 1 . Tract A,~ 1 of C. O. '=~. Nc. 156--( ,
10.966.5 ac('es, ant] Pa r-ce 1 Two of C. O. ,~:j , r'~ () . 970, 3.371 ac re:3 :
and Bu r 1 'j ngtcn Northe rTr Parce 1 . (=.(;~~;. No. 1429, 1 .04::: '3C roes ~
-)
I
l , "
The Landowners understand and agree that: t.hey must provide
sufficient water rights in acconJance with the City's Dol icy
accor'di ng to the following schedule:
A. Cardinal Distributlng Par'ce 1 and Bu r' 1 i ngton Northenl
Parce 1 , consisting of a total of 3. 16 devE:' loped acr'es, pr'lor
to annexation;
B. Kack Parce 1 , consisting of a total of 19.34 undeveloped
acres, prior to final plat approval of each development phase,
final site plan appr'ova 1 , or the issuance of any building
permi t for' any portion of the Kack Parce 1 , wh i chevf~ r' occu r's
first.
The Landowners sha 11 supply such water rights or fee ln 1 i eu as
calculated by the City in accordance with its policy at the time of
calculation. The Landowners further understand that the City shall
calculate average annual diversion requirement necessary to provide
water' on the basis of the zoning designation for" the property at
the time such calculation is made.
7 . ~rjJfir' Dr" i ve____Ac.;;cess a no._ .... _-'J.t_ility mf:: a s e l1l.~nt . _ _mLE~.1!..cl-LngJgLL_
NQC t h~rn_.B.E..:i 1 r' O_9..Q_ G9tYlR a l'lYl
Landowner Burlington Northern Railroad Company has executed a
Gr-i ff'i n Drive Access and Ut'j 1 ity Easement, attached hereto as
Exhib"it A.
8. g ilkeL$Qn__p_r i Vel;_fl,$8rn_ent U:<::9-c.;;_k.l,-
Landowner Kack hereby agrees upon subdivision or Planned Unit
Development reVIew to grant a 50-foot Public Street Easement for
the completion of a continuous looped road system acceptable to the
c-i ty from Gi 1 ker-son Dr"ive across Par"ce 1 Two of C.O.S. No. 970 and
Tract A-l of C.O.S. No. 156-C, to the existing access easement for'
Griffin Drive prior to the filing of any final plat or site 01 an or-
issuance of a building permit on the Kack Parcels, whichever f'i r'st
occurs.
9. Ea~emeJJt ,f9J:. Ro<;!~LQJ:l,Iract__"A-=L...9L.G_,O_,~_-,-_.N.Q. _ l.,;-,6-J;:m_CYa_(;:Jsl--'--
Landowner Kack has executed a Public Street Easement, attached
hereto as Exh-ibit B.
10. t!ajy~s___gLB.jght__t_Q....E!_(? tesl__fu]_E'#~;. igJ_l m PIO 'L~J!le 0.1_ Di~l:t.Lt~~!:,s -
R 0 a.9_.s.9.~~_ment$_,--...l__~?_c__k ?1J(;LJ~r.9.n d:t1
. ...- . ..
The Landowners Kack and Br"andt have executed Waivers of Right
to Protest C r.eat ion of Special Improvement Districts for~
-improvements to the road easements 1 i sted In par-agraphs 7 through
4
J ,
9, inclus-ive, of this annexation agreement. This WaVler" is
at, tached hereto as Exhibits C and D.
1 1 . Wa i V_~_L_9f.__Bia h t tQ Peg t e ~J,;,-,~_P_~_c::.-:L.~_J trDJ2_1:'.9Y errl~J:l t ~J) i st r t~t$ --
!)~LJj t L_~~~~LD_~nt s _,_____J1 a cJs 9nr;LJ?r_fln ctt,J
The Landowners Kack and Brandt have executed Walver of Right
to Protest Creation of Special Impt--ovements D-i str-i cts for
improvements to ut1l ity easements, includlng but not limited to
water', sanitary sewer and stor'm drainage, within the annexed
pan;els. Th-is waiver '] s attached he r"eto as Exhibit.s E and F.
1 2 . Y!2.l_~l:;!r:::_Qf----.Bi.91::LL_:to P rot~;?,t~s:;;_iCll ImDcoyeme.!lts ._Q_i str'juct_.=
Gr- i (fjJl.........Dr'j.Y_~.__JK9Ck _90D_i:Ll:iran_QU
The Landowner-s Kack and Brandt have executed Waiver of Right
to Protest Creation of Special Improvements Distr-icts for
Improvements t,o Griffin Drive. This wa'iver 1S attached hereto as
Exhibits G and H.
13. A_Q di Jj,gJ:l a 1 _le.r m~_J 0 ,=---B9i3"Q_._~~_!.i~ me n t s.gn d.W a i..:Y::~ r s .
All parties recognize that these documents shall be filed and
of record wi th the Gallatin County Clerk and Recor-der- prior to the
sale of any land within the three parcels by any Landowner, and the
par-ti es agree that the City may f i1 e these documents at any t.ime.
In addition to executing the Easements, the Landowner"s sha 11
dedicate all public streets on the final subdivision platCs).
14. l,Ltj Jj__:t.i__E-,i$.e.me.lJi~
The Landowners understand and agree 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 annexec)
parcels. The 1 andowne r-s sha 11 create such easements in locations
agreeable to t.he City during the subdivision orocedure or planned
unit development procedure but 1n no event later than the filing of
any final plat or site plan or issuance of a building permit on any
of the parcels.
15. _c:1.9 v e r lLi_n9_ L"El._VV--'--
Thi s ag reement. sha 11 be construed according to the laws of the
State of Montana.
16. Iny.g:tl,l..c;L P r" 0 y.__L'? ton,_
The inval-idity or unenforceabl1ity of any provls1on r~) f thls
5
, / j
agreement shall not affect the other orOV1S1ons hereof. and this
agreement shall be construed 1n all respects as if such invalid or
unenforceable provision were omltted.
17. M9_cttf i cat i or),~Lor A 1 t~_r9_ti ons.
No modification or amendment of this agreement shall be valld
unless evidenced by a writing signed by the parties hereto.
1 e. . NQ___Ass ignment.
It 1S expressly agreed that the Landowners shall not asslgn
this agreemenl, in whole or in part without pr-ior- wrltt,en consent of
the City.
19. iiuccessgr_~,_
Except as provided 1n paragraph 16, thlS agreement shall be
binding upon,lnure to the benefit of and be enforceable by the
parties hereto and their respective helrs, successors and ass1gns.
20 . (;oY_S'JJ?J:.Lt-s __j:,9,Ru~Lth_thn~__~ani=J_,_
The parties intend that the terms of this agreement shall be
covenants r'unrn ng with the 1 and and sha 11 not exp i roe at the i r'
deaths or upon transfer of ownershio of the property.
IN WITNESS WHEREOF, the part-ies hereto have caused this
agreement to be executed the day and year flrst above wrltten.
CITY OF BOZEMAN
,..--.,
,,- I '~') . ), ')
1 I r I' ~ "
B Y ~,.,"'r' \ ,', . ,/, '", ~l.J,,1 t-L;(;J
_ ~ .......... !I '..JI" ,,),~J.j '-"""'\/
JIM W SOCKI \
Its City Manager
ATTEST:
~o!~
Clerk of the City Commission
6
I I j
LANDOWNER
~h~
EDWARD M. BRANDT, General Partner
Cardinal Distributing Company,
A Limited Partnership
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
/_+h ~l
On this /lO day of r, l 1992, before me, a
Notary Public for the State of Manta a, personally appeared Edward
M. Kack known to me to the person whose name is subscribed to the
within instrument and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year first above written.
(l, (:" l; 1 .'1
V ) / J
t,f1 ...'t:. c~_j{UU-'
Notary Public for the State of
Montana. () --+---
Residing: C)O?{)Vl/1Qh, M\
Comm i ssi on Ex pires: ?-- (;;:?tf \. / c17_3
(Notar'ial Seal)
7
EXHIBIT "A"
AMENDED EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that BURLINGTON
NORTHERN RAILROAD COMPANY, a Delaware corporation, of 777 Main
Street, Fort Worth, Texas 76102, successor in interest to
Burlington Northern, I nc . , Grantor, for and in consideration of
the sum of Seven Thousand Nine Hundred Fifty-Five and no/100
Dollars ($7,955.00) to it paid by the CITY OF BOZEMAN, a
municipal corporation of the State of Montana, Grantee, and the
promises of the Grantee hereinafter specified, does hereby
remise, release and quitclaim unto the Grantee, subject to the
terms and conditions hereinafter set forth, an EASEMENT for
construction, repair and maintenance of a public street and
public utilities, hereinafter called Highway, and for no other
purposes over, upon and across the following described premises,
situated in Gallatin County, State of Montana, to-wit:
That portion of the Grantor's right-of-way
of Government Lot 4, Section 6, Township 2
South, Range 6 East, Montana Principal
Meridian, shown colored orange on the map
hereto attached, marked Exhibit "A", and
made a part hereof.
RESERVING, however, unto the Grantor, the right to
construct, maintain, use, operate, relocate, reconstruct and
renew such tracks and facilities as it may at any time, and from
time to time, desire within the limits of the land hereinabove
described, including the right and privilege to use said land
for any and all purposes, not inconsistent with the use thereof
for Highway purposes.
The foregoing easement is made subject to and upon the
following express conditions:
1. To existing interests in the above described premises to
whomsoever belonging and of whatsoever nature and any and all
extensions and renewals thereof, including but not limited to
underground pipe line or lines, or any type of wire line or
lines, if any.
1
.
2. Any and all cuts and fills, excavations or embankments
necessary in the construction, maintenance, or future alteration
of said Highway shall be made and maintained in such manner, form
,
and extent as will provide adequate drainage of and from the
adjoining lands and premises of the Grantor; and wherever any
such fill or embankment shall or may obstruct the natural and
pre-existing drainage from such lands and premises of the
Grantor, the Grantee shall construct and maintain such culverts
or drains as may be requisite to preserve such natural and pre-
existing drainage, and shall also wherever necessary, construct
extensions of existing drains, culverts or ditches through or
along the premises of the Grantor, such extensions to be of
adequate sectional dimensions to preserve the present flowage of
drainage or other waters, and of materials and workmanship
equally as good as those now existing.
3 . The Grantee shall bear the cost of removal, relocation
or reconstruction of any and all right-of-way fences, telephone
or telegraph poles, or other facilities, the removal, relocation
or construction of which may be made necessary by reason of the
use of said premises for said Highway purposes.
4. The Grantee shall, at its own cost and expense, make
adjustment with industries or other lessees of Grantor for
buildings or improvements that may have to be relocated,
reconstructed or destroyed by reason of the construction and
maintenance of said Highway on said premises.
5. This instrument is granted according to the terms and
conditions of that certain Agreement between the Grantor and the
Grantee dated January 14, 1981 and made subject to the terms and
conditions contained therein.
6. If said described premises, or any part thereof, shall
at any time cease to be used by said Grantee, or by the public,
for the purpose, as aforesaid, or should they be converted to any
other use whatsoever, or should the Grantee fail to perform any
of the conditions herein expressed, then and in any such event,
all the right, title, interest, benefits and enjoyment of said
Granteee, or of the public, in and to said premises, for any
purpose whatsoever, shall immediately cause and determine, and
2
the said Grantor, its successors and assigns, may, at its or
their option, re-enter, retake and hold said described lands and
premises as of the present estate of said Grantor without
compensation to said Grantee, the public, or any other person
whomsoever, for improvements or property removed, taken or
destroyed, or liability for loss of, or damage to any premises or
the improvements thereon abutting on said easement area or any
part thereof.
The Grantor does not warrant its title to said premises
nor undertake to defend the Grantee in the peaceable possession,
use or enjoyment thereof; and the grant herein made is subject to
all outstanding rights or interest of others, including the
tenants and licensees of the Grantor.
TO HAVE AND TO HOLD THE SAME, together with all the
hereditaments and appurtenances thereunto belonging, to Grantee
for public use and enjoyment for the purposes aforesaid and for
no other purpose whatsoever subject to the terms and conditions
hereinbefore stated.
IN WITNESS WHEREOF, the Grantor has caused its
corporate seal to be hereunto affixed, and these presents to be
executed by its duly authorized officers this /3i!- day of
~ _ I 1991.
BURLINGTON NORTHERN RAILROAD COMPANY
/;;:>1
BY: /--< r (.><, 1{/~(.'t.AJ2
Title: L.l'::,- :-::,T'AN1, ~"l!,". {" .t'.~'.;'.'".,r",U:,{l,
A'I'T8ST:
BY: !lt~~J
ACCEP'rED:
CI'I'Y OF BOZEMAN
C _- n~ <
BY:-' '. , . ?lAJ ",^
Tit~ager
3
,
EXHIBIT "B"
EASEMENT
KNOW ALL MEN by these presence that James W. Kack and Joanne
B. Kack of 6531 Jackson Creek Road, Bozeman, Montana, hereinafter
referred to as "GRANTOR", for and in consideration of annexation
to the City of Bozeman and the promises hereinafter specified, do
hereby grant unto the City of Bozeman, a municipal corporation
and political subdivision of the State of Montana, hereinafter
referred to as the "GRANTEE, " an easement for construction,
repair and maintenance of a public street and public utilities
hereinafter called "highway" , and for no other purposes over,
upon and across the following described premises, situated in
Gallatin County, State of Montana, to-wit:
that sixty-foot (60' ) wide access easement as portrayed
on Certificate Of Survey Number 156-C in Tract Al
located in the NWi of Section 6, Township 2 South,
Range 6 East, P.M.M., which document is on file and of
record in the Gallatin County Clerk and Recorders
Office.
TO HAVE AND TO HOLD the same, together with all the rights
and appurtenances belonging thereto, unto the City of Bozeman,
its successors and assigns forever, and GRANTORS are hereby
bound, together with all heirs, personal representatives, or
successors, to warrant and forever defend, the easement unto the
City of Bozeman, its successors and assigns, against every person
lawfully claiming the easement or any part of it.
EXECUTED this ~ day of Ar')'~\L , 1992.
~~. ~ //
/ -)(.-AJ. Jfd,
(~
Jam. ~ Joan B. Kack
State of /1;10 (\+o.v)C()
Co 110+: 1'\ ) 55.
County of
On this I {(J day of , 199~ before me a
Notary Public in and for , personally
appeared Jet WH? S LO. O_V\ [1, f<Dck;
known to me to be the persons whose names are subscribed to the
within instrument and acknowledged to me that they executed the
J4t.u- fa /la..
)
1 CL.
-1-
- ~
EXHIBIT "B"
Page 2
CITY OF BOZEMAN
~ .
(\ . 'T) '. \.. ~.".
,-----I ~ \,,) \,"~
By ~ ( . V\,:)~'" ~ .
. 11. j
Its lty Manager \
ATTEST:
State of Montana )
: ss.
County of Gallatin )
On this day of ' 19 , before me, a
Notary Public in and for the State of Montana, personally
appeared James E. Wysocki, City Manager, and Robin L. Sullivan,
Clerk of the Commission, known to me to be the persons who
subscribed to in the above written document, and who acknolwedged
to me that they executed the same on the day and year first above
written.
NOTARY PUBLIC FOR THE STATE OF MONTANA
Residing at Bozeman
My Commission expires August 4, 1992
-2-
EXHIBIT "C"
WAIVER OF RIGHT TO PROTEST
-
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR IMPROVEMENTS TO ROAD EASEMENTS
- --
WE, the undersigned owners of the real property
situated in the County of Gallatin, State of Montana, and more
particularly described as follows:
Lot 4 of McChesney Industrial Park, located in the
NE l/4 of Section l, T2S, R5E, M.P.M., City of
Bozeman, Gallatin County, Montana, Tracts A....l of
C.O.S. No. l56-"C located in the NW l/4 of Section
6, T2S, R6E, P.M.M. , and Parcel Two of C.O.S. No.
970 located in the NW l/4 of Section 6, T2S, R6E,
P.M.M. , Gallatin County Montana.
IN CONSIDERATION of receiving annexation to the City of
Bozeman, along with the accompanying rights and privileges and
for other valuable consideration, the receipt of which is hereby
acknowledged, and in recognition of the impact to the public
street completing a looped road system from Gilkerson Drive
across Lot 4 of McChesney Industrial Park, Parcel Two of C.O.S.
No. 970 and Tract A....l of C.O.S. No. l56-C, through the existing
access easement for Griffin Drive to Griffin Drive which will be
caused by the development of the above~described property, have
waived and do hereby for ourselves, our heirs, executors,
administrators, personal representatives, successors and assigns,
waive the right to protest the creation of one or more special
improvement districts for curb, gutter, sidewalk, and improve..c
ments to the public street completing a looped road system from
Gilkerson Drive across Parcel Two of C.O.S. No. 970 and Tract A....l
of C.O.S. No. 156...C, through the existing access easement for
Griffin Drive to Griffin Drive or to make any written protest
against the proposed work or against the extent or creation of
the district to be assessed in response to a duly passed resolu-"
tion of intention to create one or more special improvement
districts which would include the above...described property.
.
EXHIBIT "C"
PAGE 2
This waiver shall be a covenant running with the land
and shall not expire at our deaths.
We warrant that we arelawfully seized and possessed of
the real property described above, and that we have a lawful
right to convey the property or any part of it.
The terms, covenants and provisions of this Waiver
shall extend to, and be binding upon the heirs, executors,
administrators, personal representatives, successors and assigns
of the parties hereto.
DATED this / I.? day of Al'R.\L , 1992.
~~. ~L
James W:-Kack
STATE OF MONTANA )
: ss.
COUNTY OF GALLATIN )
On this 1& day of l\" I , 1992, before me, a
Notary Public for the State of ontana, personally appeared
James W. Kack and JoAnne Bee Kack known to me to be the persons
whose names are subscribed to the within instrument and acknow"'"
ledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year first above written.
C? p /3 >eIK,&_(.{/
_~&_..._d--- ~--
Notary Public for the State of
Montana.
Residing: 7":>Q-vY\Ov
D<c-._ - -
Commission expires: I
(Notarial Sea 1 )
EXHIBIT liD II
WAIVER OF RIGHT TO PROTEST
-
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR IMPROVEMENTS TO ROAD EASEMENTS
--
I , the undersigned owner of the real property situated
in the County of Gallatin, State of Montana, and more particular~
ly described as follows:
Tract B-l of C.O.S. No. l56-,C located in the NW 1/4
of Section 6, T2S, R6E, P.M.M. , Gallatin County,
Montana.
IN CONSIDERATION of receiving annexation to the City of
Bozeman, along with the accompanying rights and privileges and
for other valuable consideration, the receipt of which is hereby
acknowledged, and in recognition of the impact to the public
street completing a looped road system from Gilkerson Drive
across Lot 4 of McChesney Industrial Park, Parcel Two of C.O.S.
No. 970 and Tract A-l of C.O.S. No. 156-C, through the existing
access easement for Griffin Drive to Griffin Drive which will be
caused by the development of the above-described property, has
waived and do hereby for myself, my heirs, executors, administra-
tors, personal representatives, successors and assigns, waive the
right to protest the creation of one or more special improvement
districts for curb, gutter, sidewalk, and improvements to the
public street completing a looped road system from Gilkerson
Drive across Parcel Two of C.O.S. No. 970 and Tract A-l of C.O.S.
No. 156-'C, through the existing access easement for Griffin Drive
to Griffin Drive or to make any written protest against the
proposed work or against the extent or creation of the district
to be assessed in response to a duly passed resolution of inten-'
tion 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 at my death.
,
EXHIBIT "0"
PAGE 2
I warrant that I am lawfully seized and possessed of
the real property described above, and that I have a lawful
right to convey the property or any part of it.
The terms, covenants and provisions of this Waiver
shall extend to, and be binding upon the heirs, executors, adminis-"
trators, personal representatives, successors and assigns of the
parties hereto.
DATED this It, 714 day of A P R..J'-- , 1992.
~k/1 -~
Edward M. Brandt, General Partner
Cardinal Distributing Company,
A Limited Partnership
STATE OF MONTANA)
: ss.
COUNTY OF GALLATIN)
On this /0 day of A \? r ~ 1_. 1992, before me, a
Notary Public for the State of' M ntana, personally appeared
Edward M. Brandt known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that
he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year first above written.
(/) L/ x11
,---" Ie L (J-i!
/ IJ, .~ f.A.r----
Notary Public- for the State of
Montana. 136 -,,- <; n,<1 f.'l
Residing: C( (/1 Ct.
Commission expires: qj3
(Notarial Sea 1 )
t
EXHIBIT "E"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR IMPROVEMENTS TO UTILITY EASEMENTS
WE, the undersigned owners of the real property
situated in the County of Gallatin, State of Montana, and more
particularly described as follows:
Lot 4 of McChesney Industrial Park, located in the
NE 1/4 of Section l, T2S, R5E, M.P.M. , City of
Bozeman, Gallatin County, Montana, Tracts A-l of
C.O.S. No. 156-"C located in the NW l/4 of Section
6, T2S, R6E, P.M.M., and Parcel Two of C.O.S. No.
970 located in the NW 1/4 of Section 6, T2S, R6E,
P.M.M. , Gallatin County Montana.
IN CONSIDERATION of receiving annexation to the City of
Bozeman, along with the accompanying rights and privileges and
for other valuable consideration, the receipt of which is hereby
acknowledged, and in recognition of the impact to municipal
utilities which will be caused by the development of the above-
described property, have waived and do hereby for ourselves, our
heirs, executors, administrators, personal representatives,
successors and assigns, waive the right to protest the creation
of one or more special improvement districts including but not
limited to water, sanitary sewer, storm drainage facilities, and
improvements to municipal utilities or to make any written
protest against the proposed work or against the extent or crea-
tion of the district to 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 at our deaths.
We warrant that we arelawfully seized and possessed of
the real property described above, and that we have a lawful
right to convey the property or any part of it.
, ,
. , , J \
EXHIBIT "E"
PAGE 2
The terms, covenants and provisions of this Waiver
shall extend to, and be binding upon the heirs, executors,
administrators, personal representatives, successors and assigns
of the parties hereto.
DATED this )L, day of -'J fK \ l- , 1992.
-~ ~
~.
-~~.....
James W. Kack
/l
/; /1 /
~' jj f 1
_l~-(L-pv-rU' .L0 -{t:-<1/1;: j
JoAn,{e Bee Kack
STATE OF MONTANA )
: ss.
COUNTY OF GALLATIN )
On this ~ day of ("' I' I , 1992, before me, a
Notary Public for the State of ontana, personally appeared
James W. Kack and JoAnne Bee Kack known to me to be the persons
whose names are subscribed to the within instrument and acknow""
1edged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year first above written.
e ?f fl-evur
__/(.~-cJ /
I'"
Notary Public for the State of
Montana. ~ +
Residing: OOZ () r'j/\(lh A.6f'1 q t1C?
Commi ss ion expi res: ;2 L 11 ,R-"- /77 ~3
(Notarial Sea 1 )
. ,
, . . , , \
EXHIBIT "F"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR IMPROVEMENTS TO UTILITY EASEMENTS
-
I , the undersigned owner of the real property situated
in the County of Gallatin, State of Montana, and more particular~
ly described as follows:
Tract B~l of C.O.S. No. l56~C located in the NW 1/4
of Section 6, T2S, R6E, M.P.M. , Gallatin County,
Montana.
IN CONSIDERATION of receiving annexation to the City of
Bozeman, along with the accompanying rights and privileges and
for other valuable consideration, the receipt of which is hereby
acknowledged, and in recognition of the impact to municipal
utilities which will be caused by the development of the above~
described property, has waived and do hereby for myself, my
heirs, executors, administrators, personal representatives,
successors and assigns, waive the right to protest the creation
of one or more special improvement districts including but not
limited to water, sanitary sewer, storm drainage facilities, and
improvements to municipal utilities or to make any written pro....
test against the proposed work or against the extent or creation
of the district to 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 at my death.
I warrant that I am lawfully seized and possessed of
the real property described above, and that I have a lawful
right to convey the property or any part of it.
, , ,
, . \ \ , ,
EXHIBIT "F"
PAGE 2
The terms, covenants and provisions of this Waiver
shall extend to, and be binding upon the heirs, executors,
administrators, personal representatives, successors and assigns
of the parties hereto.
DATED this 1(, -r1J day of A- ,-:> (?., I...- , 1992.
P'7/I-.~
Edward M. Brandt, General P rtner
Cardinal Distributing Company,
A Limited Partnership
STATE OF MONTANA )
: ss.
COUNTY OF GALLATIN )
On this fer day of Afi/,/) . 1992 , before me, a
Notary Public for the State of ontana, personally appeared
Edward M. Brandt known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that
he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year first above written.
C.Jl..ec! j)'r xJ1
, f)
. . -_.--d~~-c~
Notary Public for the State of
Montana.
Residing: Bcn~e YY(Ct VI~ ~~Ol-i+q l>lCt
Commission expires: ~ -~} - /'"-11'3
(Notarial Seal)
, -
, . . \
, , . I \ . ,
EXHIBIT "GH
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR IMPROVEMENTS TO GRIFFIN DRIVE
-
WE, the undersigned owners of the real property
situated in the County of Gallatin, State of Montana, and more
particularly described as follows:
Lot 4 of McChesney Industrial Park, located in the
NE 1/4 of Section 1 , T2S, R5E, M.P.M., City of
Bozeman, Gallatin County, Montana,Tracts A~l of
C.O.S. No. l56-"C located in the NW l/4 of Section 6,
T2S, R6E, P.M.M. , and Parcel Two of C.O.S. No.
970 located in the NW l/4 of Section 6, T2S, R6E,
P.M.M. , Gallatin County, Montana.
IN CONSIDERATION of receiving annexation to the City of
Bozeman, along with the accompanying rights and privileges and
for other valuable consideration, the receipt of which is hereby
acknowledged, and in recognition of the impact to Griffin Drive
which will be caused by the development of the above-,described
property, have waived and do hereby for ourselves, our heirs,
executors, administrators, personal representatives, successors
and assigns, waive the right to protest the creation of one or
more special improvement districts for curb, gutter, sidewalk and
drainage improvements to Griffin Drive or to make any written
protest against the proposed work or against the extent or crea""
tion of the district to 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 at our deaths.
We warrant that we are lawfully seized and possessed of
the real property described above, and that we have a lawful
right to convey the property or any part of it.
-
f \ . \
, ' , .. \ , \ ,
EXHIBIT "G"
PAGE 2
The terms, covenants and provisions of this Waiver
shall extend to, and be binding upon the heirs, executors,
administrators, personal representatives, successors and assigns
of the parties hereto.
DATED this I&> day of AfK\L , 1992.
<:.~ ~ /
.....~c~ ~._~
( ----- .
James w:-itack
(/) )l~'
'- . >~_-"Vlu' /:see J CU! j.:J
JoAnne Bee Kack
STATE OF MONTANA )
: ss.
COUNTY OF GALLATIN )
On this ~ day of r; } , 1992, before me, a
Notary Public for the State of ntana, personally appeared
James W. Kack and JoAnne Bee Kack known to me to be the persons
whose names aresubscribed to the within instrument and acknow-
ledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year first above written.
0') ,J!; J~lA ~
__-~1~ ....Rc {J-{
Notary Public for the State of
Montana. J.;\. L
Res id i ng: (/)6 cr: f1'UPl1 I t)jl\ In!--t 0..
Commission expires: 5?-.:~ ~ - ! 97~3
(Notarial Seal)
.( . I,.~ .. '1 ~ . . '
EXHIBIT "H"
WAIVER OF RIGHT TO PROTEST
- -
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR IMPROVEMENTS TO GRIFFIN DRIVE
I , the undersigned owner of the real property situated
in the County of Gallatin, State of Montana, and more particular~
ly described as follows:
Tract B~l of C.O.S. No. l56...C located in the NW 1/4
of Section 6, T2S, R6E, M.P.M. , Gallatin County,
Montana.
IN CONSIDERATION of receiving annexation to the City of
Bozeman, along with the accompanying rights and privileges and
for other valuable consideration, the receipt of which is hereby
acknowledged, and in recognition of the impact to Griffin Drive
which will be caused by the development of the above...described
property, has waived and do hereby for myself, my heirs,
executors, administrators, personal representatives, successors
and assigns, waive the right to protest the creation of one or
more special improvement districts for curb, gutter, sidewalk and
drainage improvements to Griffin Drive or to make any written
protest against the proposed work or against the extent or crea-
tion of the district to 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 at my death.
I warrant that I am lawfully seized and possessed of
the real property described above, and that I have a lawful
right to convey the property or any part of it.
II .
. I .. .: \ 1 It,
EXHIBIT "H"
PAGE 2
The terms, covenants and provisions of this waiver
shall extend to, and be binding upon the heirs, executors,
administrators, personal representatives, successors and assigns
of the parties hereto.
DATED this I(,T/J day oft} J)p.J<....... ,1992.
~1Z-a "L--- ~
--
/// --;t:(?// ~-- . ..--
~Ed~ard -;. Br~~dt, General p.a;<~er ...
Cardinal Distributing Company,
A Limited Partnership
STATE OF MONTANA)
: ss.
COUNTY OF GALLATIN )
On this t!,;, day of A~ri I , 1992, before me, a
Notary Public for the State of ontana, personally appeared
Edward M. Brandt known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that
he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year first above written.
e a, ~ ^
IV /t:(~- P lJ ' --"~_A_J;--
Notary Public for the State of
Montana.
Res id i ng: ~;C> "C.. -(~ /\'\0 1'\ . M() ~1'O V\Ct
Commission expires: ?} l..:;{J( -I .93
(Notarial Seal)