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HomeMy WebLinkAbout19- Annexation Agreement - NWX, LLC - Northwest Corner of Cottonwood and Oak Inter-office Original to: City of Bozeman City Clerk PO Box 1230 Bozeman MT 549771-1230 2018 NW CORNER COTTONWOOD & OAK ANNEXATION AGREEMENT THIS AGREEMENT made and entered into this 2 r- day of JLuv-., , 2019, by and between the CITY OF BOZEMAN, a municipal corporation and self-governing political subdivision of the State of Montana with offices at 121 N. Rouse Avenue, Bozeman, Montana 59771- 0640, hereinafter referred to as "City", and NWX, LLC at PO Box 11890, Bozeman, Montana 59719, hereinafter referred to as "Landowner". WITNESSETH: WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafter referred to as the 2018 NW CORNER COTTONWOOD & OAK ANNEXATION situated in Gallatin County, Montana, and more particularly described as follows: An area of land comprised described as follows: TRACT 5 CERTIFICATE OF SURVEY NO. 2552 LOCATED NE '/4 OF S4 T02S, R05E, P.M.M, GALLATIN COUNTY,MT All as depicted on the 2018 NW CORNER COTTONWOOD & OAK ANNEXATION MAP. 2018 NW Corner Cottonwood&Oak Annexation Agreement 1 WHEREAS, the Landowner petitioned the City for annexation to the City of said tract of land; and WHEREAS,the 2018 NW CORNER COTTONWOOD & OAK ANNEXATION is not within the corporate limits of the City or other municipality and may therefore be annexed to the City in accordance with the provisions of this Agreement and Title 7, Chapter 2, Part 46,Mont. Code Ann.;and WHEREAS, all parties recognize the annexation of the 2018 NW CORNER COTTONWOOD & OAK ANNEXATION pursuant to Section 7-2-4601, et seq., Mont. Code Ann. will allow the 2018 NW CORNER COTTONWOOD & OAK ANNEXATION to connect to and utilize City services, including municipal water and sewer service, fire service, and the City's street system; and WHEREAS, Section 7-2-4610, Mont. Code Ann. provides that a municipality and landowner can agree to the provisions of services to the area to be annexed; and WHEREAS, the parties recognize additional development on the 2018 NW CORNER COTTONWOOD & OAK ANNEXATION will impact area streets and fire services, and that future improvements may require additional public street improvements for traffic circulation and the provisions of fire services; and WHEREAS, the Landowner finds this Agreement will provide for the most satisfactory and dependable water supply and sewer supply or service,and provide traffic circulation and fire service for development of the 2018 NW CORNER COTTONWOOD&OAK ANNEXATION; and WHEREAS,the parties have determined that it is in the best interests of the City and Landowner, and in furtherance of the public health, safety and welfare of the community to enter into and implement this Agreement. WITNESSETH: 2018 NW Corner Cottonwood&Oak Annexation Agreement 2 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 ofthe 2018 NW CORNER COTTONWOOD & OAK ANNEXATION with the City on October 23, 2018. By execution of this Agreement,the City manifests its intent to annex the 2018 NW CORNER COTTONWOOD & OAK ANNEXATION tract pursuant to the terms and conditions of this Agreement. Subject to the provisions of Title 7, Chapter 2, Part 46, Mont. Code Ann. the City shall, upon execution of this Agreement, adopt a Resolution of Annexation of the 2018 NW CORNER COTTONWOOD & OAK ANNEXATION. Further, upon the execution of this Agreement,the Landowner shall do all things required by this Agreement and all things necessary and proper to aid and assist the City in carrying out the terms, conditions and provisions of this Agreement and to effect the annexation of the 2018 NW CORNER COTTONWOOD & OAK ANNEXATION. 3. Services Provided The City will, upon annexation,make available to the 2018 NW CORNER COTTONWOOD & OAK ANNEXATION existing City services only to the extent currently available, or as provided in this Agreement. 4. Municipal Water Service Defined The term "municipal water service" as is used in this agreement shall be the service which is supplied by the City in accordance with Chapter 40, Article 2, Bozeman Municipal Code, as amended, as well as any other terms and conditions which apply to the City's provision of municipal water service 2018 NW Corner Cottonwood&Oak Annexation Agreement 3 but does not include the extension of lines or construction of necessary improvements at any cost to the City for delivery of water to and within the 2018 NW CORNER COTTONWOOD & OAK ANNEXATION. Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition, engineering, construction, and other costs for the delivery of water to or within the 2018 NW CORNER COTTONWOOD & OAK ANNEXATION to include, but not limited to, any impact fees, hook-up, connection, or development charges which have been or may be established by the City. 5. Municipal Sewer Service Defined The term "municipal sewer service" as is used in this Agreement shall be the service which is supplied by the City in accordance with Chapter 40, Article 3, Bozeman Municipal Code, as amended, as well as any other terms and conditions which apply to the City's provision of this service but does not include the extension of lines or construction of necessary improvements at any cost to the City for collection of sewage at and within the 2018 NW CORNER COTTONWOOD&OAK ANNEXATION. 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 2018 NW CORNER COTTONWOOD & OAK ANNEXATION to include, but not limited to, any impact fees, hookup, connection, or development charges which may be established by the City. 6. Water and Sewer Connections Landowner understands and agrees that upon development, water and sewer services must be constructed in accordance with design and specifications approved by the City prior to the installation of the water and sewer lines.Landowner must contact the City Water and Sewer Superintendent to obtain details of construction requirements. Landowner must notify the City Water and Sewer Superintendent a minimum of 48 hours prior to construction of the services and/or disconnection of the well and septic system abandonment. 2018 NW Corner Cottonwood&Oak Annexation Agreement 4 Landowner further understands and agrees that prior to connection to the City water and sewer system, the existing on-site sewage treatment system must be properly abandoned and certification provided to the City Water and Sewer Superintendent that the abandonment occurred. The applicant must report the abandonment to the Gallatin City County Health Department. In addition to abandonment of the septic tank and leach field,the applicant must demonstrate that the sanitary sewer service to the septic tank has been completely disconnected from the old septic system prior to connection to the City sanitary sewer system. Any wells presently used for domestic purposes may be retained for irrigation only, with no physical connection to domestic water piping. Certification that there is no physical connection between an on- site well and the domestic water piping must be provided. The City Water and Sewer Superintendent may perform an inspection of the property and certify that the disconnection of the well and septic system abandonment are properly completed. Landowner understands and agrees that if Landowner fails to properly abandon the existing system and/or fails to disconnect the existing well from the domestic water piping as required herein the City may upon ten day's written notice to the Landowner terminate water and/or sewer services to the property. Costs of all disconnects and/or subsequent reconnects shall be borne by Landowner. 7. Water Rights The Landowner specifically recognizes and agrees that provisions for water rights or cash in-lieu of water rights shall be provided upon further development or subdivision of the property in accordance with Section 38.410.130, Bozeman Municipal Code. The amount of water rights or cash-in-lieu thereof due at the time of further development or subdivision of the property will be calculated based on the annual demand for volume of water the development will require multiplied by the most current annual unit price in effect on the date the water rights are transferred or payment-in-lieu of water rights is to be 2018 NW Corner Cottonwood&Oak Annexation Agreement 5 made to the City. As such, the Landowner acknowledges that the rates for cash in-lieu of water rights may increase over time as established by Resolution of the City Commission. 8. Comprehensive Water and Water Design Report Prior to future development of the property the City may require the Landowner 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 the proposed development, the report must identify necessary water or wastewater system improvements necessary for the proposed development. If improvements to this water or wastewater system are necessary, the Landowner agrees prior to development of the 2018 NW CORNER COTTONWOOD &OAK ANNEXATION to complete,at Landowner's expense,the necessary system improvements to serve the proposed development. 9. Future Development Limitations The Landowner shall be responsible for installing all facilities required to provide full municipal services to the property in accordance with the City's Infrastructure Master Plans and all City regulations, policies and guidelines that may be in effect at the time of any future development. Thus, Landowner understands and agrees that there is no right, either granted or implied, for the Landowner to further develop any of the 2018 NW CORNER COTTONWOOD & OAK ANNEXATION until it is verified by the City that the necessary municipal services, including but not limited to police and fire protection, streets, and sewer and water capacity, are available to all or a portion of the 2018 NW CORNER COTTONWOOD & OAK ANNEXATION. Notice is thus provided to the Landowner that prior to additional development of the property, the Landowner will be solely responsible for installing, at 2018 NW Corner Cottonwood&Oak Annexation Agreement 6 Landowner's sole expense, any facilities or infrastructure required to provide full municipal services to the 2018 NW CORNER COTTONWOOD & OAK ANNEXATION in accordance with the City's infrastructure plans, adopted Growth Policies/Community Plans, and all other city regulations,policies and guidelines that may be in effect at the time of development. 10. Stormwater Master Plan Landowner understands and agrees a Stormwater Master Plan for the 2018 NW CORNER COTTONWOOD & OAK ANNEXATION for a system designed to remove solids, oils, grease, and other pollutants from the runoff from the public streets may be required to be provided to and approved by the City Engineer at the time of any future development. The 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 transport treated runoff to the stormwater receiving channel. 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. 11. Waiver of Right-to-Protest Special Improvement Districts A. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Improvement Districts (SID) for the maintenance of any parks within the annexed area and/or of a City-wide Park Maintenance District. The Landowner agrees such SID will provide a mechanism for the fair and equitable assessment of maintenance costs for such parks. The waiver is attached hereto as Exhibit"A" and is hereby incorporated in and made a part of this Agreement. 2018 NW Corner Cottonwood&Oak Annexation Agreement 7 B. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Improvement Districts for street improvements including paving, curb and gutter, sidewalk, lighting, and stormwater drainage facilities for BAXTER LANE, NORTH COTTONWOOD ROAD, HARPER PUCKETT ROAD, WEST OAK STREET,AND NORTH LAUREL PARKWAY. Landowner agrees such an SID will provide a mechanism for the fair and equitable assessment of construction and maintenance costs for such improvements. The waiver is attached hereto as Exhibit`B"and is hereby incorporated in and made a part of this Agreement. C. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Improvement Districts for intersection improvements to the intersections of BAXTER LANE AND HARPER PUCKETT, BAXTER LANE AND NORTH COTTONWOOD ROAD, BAXTER LANE AND NORTH LAUREL PARKWAY,WEST OAK STREET AND NORTH COTTONWOOD ROAD,AND WEST OAK STREET AND NORTH LAUREL PARKWAY. Landowner agrees such an SID will provide a mechanism for the fair and equitable assessment of construction and maintenance costs for such improvements. The waiver is attached hereto as Exhibit "C" and is hereby incorporated in and made a part of this Agreement. D. Landowner agrees that in the event an SID is not utilized for the completion of these improvements as described in subsections A, B, and C above, the Landowner shall participate in an alternative financing method for the completion of said improvements on a fair share,proportionate basis as determined by square footage of property,taxable valuation of the property,traffic contribution from the development or a combination thereof. 12. Public Street and Utility Easement The Landowner understands and agrees that a public street and utility easement(s) shall be provided for ADDITIONAL RIGHT-OF-WAY ALONG BAXTER LANE, COTTONWOOD ROAD, 2018 NW Corner Cottonwood&Oak Annexation Agreement 8 NORTH LAUREL PARKWAY, AND WEST OAK STREET WHICH WILL CONTAIN A 10-FOOT UTILITY EASEMENT. THE REQUIRED RIGHT-OF-WAY WIDTH SHALL BE CONSISTENT WITH THE CITY COLLECTOR AND ARTERIAL STREET STANDARDS AS DEFINED IN THE DESIGN AND SPECIFICATION MANUAL AND TRANSPORTATION MASTER PLANS. The Landowner, at its sole expense, has created such an easements in a location and form agreeable to the City and the easements will be filed at the Gallatin County Clerk and Recorder's Office. 13. Street Improvements The Landowner understands and agrees that at the time of future development the full street sections of BAXTER LANE, WEST OAK STREET, NORTH COTTONWOOD ROAD, AND NORTH LAUREL PARKWAY fronting this property will be required to be improved to a City standard. If additional offsite right-of-way is required for the aforementioned street sections the landowner will be responsible for obtaining the required right-of-way prior to development. 14. Impact Fees Landowner acknowledges that annexation and development of their property will impact the City's existing street, water and sewer infrastructure, and the City's fire service. As approved by the City,the land owners and their successors shall pay: A) Fire impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at time of issuance of building permit. B) Transportation impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at time of issuance of building permit. C) Water impact fees as required by Chpt.2,Art. 6.Div.9 BMC,or as amended,at the time of connection to city water. D) Sewer impact fees as required by Chpt.2,Art. 6.Div. 9 BMC,or as amended,at the time of connection to city sewer. The amount of impact fee to be paid for connection to the city's water and sewer services, if any, shall be calculated based on the provisions of the Bozeman Municipal Code,as amended,in effect at the 2018 NW Corner Cottonwood&Oak Annexation Agreement 9 time of application for a permit to connect. The amount of street or fire impact fees to be paid, if any, shall be calculated based on the provisions of the Bozeman Municipal Code,as amended, in effect at the time an application for building permit is submitted. Landowner further understands and agrees that any improvements, either on-site or off-site, necessary to provide connection of the 2018 NW CORNER COTTONWOOD&OAK ANNEXATION municipal services and which are wholly attributable to the property as determined exclusively by the city are considered "project related improvements" as defined in Chapter 2, Article 6, Division 9, Bozeman Municipal Code, as amended, and as such, are not eligible for impact fee credits. If Landowner defaults 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 the Landowner and Landowner/Developer 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 Landowners for the collection of such sum, including the entry of any judgment. In addition,the City may, at its option, enforce payment of such amount by levying an assessment on the premises. B) Elect any other remedy available to City under the laws of the State of Montana. 15. Additional Terms The parties recognize these documents shall be filed and of record with the Gallatin County Clerk and Recorder prior to the sale of any land within the 2018 NW CORNER COTTONWOOD & OAK ANNEXATION. The parties further agree that the City may file these documents at any time. 16. Governing Law and Venue This agreement shall be construed under and governed by the laws of the state of Montana. In the event of litigation, venue is in the Eighteenth Judicial District Court, in and for County of Gallatin, State of Montana. 17. Attorney's Fees 2018 NW Corner Cottonwood&Oak Annexation Agreement 10 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 parry 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 parry of any breach of any term, covenant or agreement shall be deemed a waiver of the same or any subsequent breach of this same or any other term,covenant or agreement. No covenant,term or agreement shall be deemed waived by either party unless waived in writing. 19. Invalid 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. 20. Modifications or Alterations No modifications or amendment of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto. 21. No Assignment It is expressly agreed that the Landowner and/or Landowner/Developer shall not assign this Agreement in whole or in part without prior written consent of the City. 22. Successors This Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties hereto and their respective heirs, successors and assigns and specifically to any subsequent purchaser of the annexed property. 23. Covenants to Run with the Land 2018 NW Corner Cottonwood&Oak Annexation Agreement 11 The parties intend that the terms of this Agreement shall benefit the 2018 NW CORNER COTTONWOOD & OAK ANNEXATION and 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 and to bind themselves to this Agreement. 2018 NW Corner Cottonwood&Oak Annexation Agreement 12 IN WITNESS WHEREOF,the parties hereto have caused this agreement to be executed the day and year first above written. LANDOWNER By: Bryan Klein,Manager STATE OF ) :ss COUNTY OF ) On this IQ day of_�TjI.(IP, , 2019, before me, the undersigned, a Notary Public for the State of Ana , personally appeared noinn Y 160 known to me to be the landowner,.that executed th within instruent, an acknowledged to me that he +t, ira, t r of iT4X, Li-L executed the same for and on behra o an oU�mer. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) uzb Lie, CIAph&L `E�Pi; NATALI E PU R KETT (Printed Name Here) NOTARY PUBLIC for the Notary Public for the State of NOTARIAL�.A' State of Montana Residing at & _ RMW -* SEAL *_ Residing at My Commission Expires: I -1-aoaa �9r Pad Bozeman, Montana OF I My Commission Expires (Use 4 digits for expiration year) " "I\0 January 01, 2022 2018 NW Corner Cottonwood&Oak Annexation Agreement 13 CITY OF BOZEMAN (' a �c —T By: Andrea Surratt City Man ger ATTEST: ��♦B o2� . f �1 ♦ •'• f (A)nA-Clerk... _ 1883 .•��� . '•�TjN CO•~ STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this. _ ��f day of \'�V� 2019,before me, a Notary Public for the state of Montana,personally appeared Andrea Surratt and Robin Crough, known to me to the persons described in and who executed the foregoing instrument as City Manager and Clerk e4 Gom ssttui ' respectively, of the City of Bozeman, whose names are subscribe to the within instrument and acknowledged to me that they executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) BRENDA SWEENEY �.L��� FFtiy14 Notary Public (Printed Name Here) '�mQ'apTAAi,4�.c�for the State of Montana N:sidi�n c for the State of Montana Rending at: Re uy.SEA.Lc:� Bozeman, Montana My commission Expires: My Commissio ires: December 02,2022 (Use 4 digits for expi 'on year) 2018 NW Corner Cottonwood&Oak Annexation Agreement 14 EXHIBIT"A" WAIVER OF RIGHT-TO-PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICT FOR A CITY-WIDE SPECIAL DISTRICT FOR PARKS,TRAILS OR OPEN SPACE 2018 NW CORNER COTTONWOOD & OAK ANNEXATION The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: TRACT 5 CERTIFICATE OF SURVEY NO. 2552 LOCATED NE 1/4 OF S4 T02S, R05E, P.M.M, GALLATIN COUNTY,MT 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,trails, and open space which will be caused by the development of the above-described property, the Landowner has waived and does hereby waive for itself, its successors and assigns forever the right to protest the creation of one or more special districts to fund capital improvements, operations, and maintenance of any parks, trails, or open spaces within the annexed area and/or of a City-wide special district to fund capital improvements, operations, and maintenance of parks, trails, and open spaces throughout the City, which would provide a mechanism for the fair and equitable assessment of costs for City parks,trails, and open spaces, 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 districts for the above described purposes and which would include the above-described property. This waiver is made for the benefit of the property described above and shall be a covenant running with the land. The terms, covenants and provisions of this waiver shall extend to, and be binding upon the successors-in-interest and assigns of the Landowner. 2018 NW Corner Cottonwood&Oak Annexation Agreement 15 DATED this-,9:�da 2019. y of �C.l� 2— LANDOWNER NWX,LLC By: Bryan Klein,Manager STATE OF ) :ss COUNTY OF ) On this I Q, day of ��n Q, , 2019, before me, the undersigned, a Notary Public for the State of _Mon tg n a ,personally appeared Apilin Kij.jo , known to me to be the landowner that,eMcuted the,within ins ent, and acknowledged to me that he executed the same for and on beha of er. OwX),L C J IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) Aut NATALIE PURKETT (printed Name Here) ����������' Notary Public for the State of Montana �'NvN %E Pugr: NOTARY PUBLIC for the y ' NOTARIAL'S State of Montana Residing at &Z 2n SEAL *_ Residing at Bozeman, Montana My Commission Expires: OF My Commission Expires (Use 4 digits for expiration year) January 01, 2022 2018 NW Corner Cottonwood&Oak Annexation Agreement 16 EXHIBIT "B" WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS 2018 NW CORNER COTTONWOOD & OAK ANNEXATION The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: TRACT 5 CERTIFICATE OF SURVEY NO. 2552 LOCATED NE 1/4 OF S4 T02S, R05E, P.M.M, GALLATIN COUNTY, MT 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 impacts to BAXTER LANE,NORTH COTTONWOOD ROAD, HARPER PUCKETT ROAD, WEST OAK STREET, AND NORTH LAUREL PARKWAY which will be caused by the development of the above-described property, the owner has waived and does hereby waive for itself, its successors and assigns forever the right to protest the creation of one or more special improvement districts for the construction and maintenance of following improvements: paving, curb/gutter, sidewalk, lighting, and storm drainage facilities for BAXTER LANE, NORTH COTTONWOOD ROAD, HARPER PUCKETT ROAD, WEST OAK STREET, AND NORTH LAUREL PARKWAY, 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. In the event a SID is not utilized for the completion of these improvements,the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by the City on the basis of the square footage of property, taxable valuation of the property,traffic contribution from the development or a combination thereof. 2018 NW Corner Cottonwood&Oak Annexation Agreement 17 This waiver is made for the benefit of the property described herein shall be a covenant running with the land. The terms, covenants and provisions of this waiver shall extend to, and be binding upon the successors-in-interest and assigns of the Landowner. DATED this )4�day of )uj/Nei , 2019. LANDOWNER NWX, LLC By: Bryan Klein,Manager STATE OF ) :ss COUNTY OF ) On this I a day of Dko, , 2019, before me, the undersigned, a Notary Public for the State of A0 06 ]2 , personally appeared 1` r)U ca n 1110n , known to me to be the landowner ,�h?��ecuted tl within instrument, and acknowledged to me that he executed the same for and on e iaWbf landown"er� IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) (Printed Name Here) �E'PU9�ii NOTARY I UBLICKoET he Notary Public for the State of State of Montana Residing at M9a iNNOSEAIAL*� Residing at My Commission Expires: �-►- na a Bozeman, Montana (Use 4 digits for expiration year) My Commission Expires January 01, 2022 2018 NW Corner Cottonwood&Oak Annexation Agreement 18 EXHIBIT"C" WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS 2018 NW CORNER COTTONWOOD & OAK ANNEXATION The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: TRACT 5 CERTIFICATE OF SURVEY NO. 2552 LOCATED NE '/4 OF S4 T02S, R05E, P.M.M, GALLATIN COUNTY,MT 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 impacts to THE BAXTER LANE AND HARPER PUCKETT,BAXTER LANE AND NORTH COTTONWOOD ROAD, BAXTER LANE AND NORTH LAUREL PARKWAY, WEST OAK STREET AND NORTH COTTONWOOD ROAD, AND WEST OAK STREET AND NORTH LAUREL PARKWAY INTERSECTONS which will be caused by the development of the above-described property, the owner has waived and does hereby waive for itself, its successors and assigns forever the right to protest the creation of one or more special improvement districts for the construction and maintenance of intersection improvements for THE BAXTER LANE AND HARPER PUCKETT, BAXTER LANE AND NORTH COTTONWOOD ROAD, BAXTER LANE AND NORTH LAUREL PARKWAY, WEST OAK STREET AND NORTH COTTONWOOD ROAD, AND WEST OAK STREET AND NORTH LAUREL PARKWAY INTERSECTONS, 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. 2018 NW Corner Cottonwood&Oak Annexation Agreement 19 In the event a SID is not utilized for the completion of these improvements,the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by the City on the basis of the square footage of property, taxable valuation of the property,traffic contribution from the development or a combination thereof. This waiver is made for the benefit of the property described herein shall be a covenant running with the land. The terms, covenants and provisions of this waiver shall extend to, and be binding upon the successors-in-interest and assigns of the Landowner. 2018 NW Corner Cottonwood&Oak Annexation Agreement 20 DATED this 97�eay of �J tlnn,e, , 2019. LANDOWNER NWX,LLC By: Bryan Klein,Manager STATE OF_Ho nta na ) :ss COUNTY OF C 1J,JJtja ) On this I Q, day of � Q, , 2019,before me,the undersigned, a Notary Public for the State of J"�C)q3 0 a , personally appeared f (r la n iflf.1 o , known to me to be the landowne50t'%F,cc 5ted Pe Vthi�nS�trrument, arld acknowledged to me that he executed the same for and on e arf o lan of Ier. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) .�atic pie, Puoidi NATAL (Printed Name Here) `1p 11I , NOTARY UBLICKoTt a Notary Public for the State of n �E PU"q State of Montana Residing at ()?f M211 NOTARIAL -* SEAL *_ Residing at My Commission Expires: Bozeman, Montana OFMo`�P\\ My Commission Expims (Use 4 digits for expiration year) �� ' O January 01, 2022 2018 NW Corner Cottonwood&Oak Annexation Agreement 21 2018 NW CORNER COTTONWOOD & OAK - ANNEXATION TRACT 5 OF CERTIFICATE OF SURVEY NO.2552 LOCATED NE 1 OF SECTION 4,T2S, R5E,PPM,GALLATIN COUNTY,MT 300 0 ,so 300 (IN EEE ) EXISTING 30 FOOT J ` RIGHT OF WAY EASEMENT � � PER COUNTY ROAD MAP t Q°ss� T1 S R5E SHEET NO.6 es aah�e�c t, N1Y276"E BAXTER LANE(100'-R099 a0.0a' � srlaz5w 3o.am ses•1samE zsre.os 34 POINT OF BEGINNING I � �G I I ANNEXATION o� AREA a 162.35 ACRES �? NBT43%W760.00' N O ty\�� 0. � Q � to Nea•,srolwae7as � �I LAUREL GLEN IQ� LIFT STATION I I c N89°13'13"W 264 8T 'Moz ��_�� OIOL___ l —EtOW�_ 10W��— --E10W---- WEST OAKS ET(125,-ROR) I c�E �h<�•I'e �"�,I.Qo SQ ��o��° _ I �����5�;. :7 o°Jt'`�j,6oh� c°` �-�'� � °111N° c°rtJ`S`o lkt'o��oY cIa � °�estO°r� �NRjG I,. F1ti0 F^ti°� P41p'sRt° i� I 0� DESCRIPTION ANNEXATION AREA SUMMARY A description of land being the NE X of Section 4 also known as Tract 5 of described In Certified Corner Record Book 3,Page 922 docp 2294184 OTAL ANNEXATION AREA:162.35 acres (7,071,995.63)Sq.Ft. Cortiflote of Survey No.2552;located In the NE X of Section 4,Township also being the Southwest Comer of Tract 1 of Certificate of Survey I 2 South,Range 5 Cast:and a30'wldecountv mad right ofwayeasement No.2553;thence N.1'42'36"E.a distance of 30.00 feet;thence PROPOSED ZONING: located In the SE 9 of Section 33,Township 1 South,Range 5 East, S.89'15'30mE.a distance of 2676.05 feet;thence S.2"16'25'W.a distance