HomeMy WebLinkAbout06- Lydens Annexation Agreement
,
Clerk of Commission
PO Box 1230
Bozeman, MT 59771
'0/1 rLAJ1~~
'/11///11/11//1/11/111/11/11/11111/111111111/11//1/ /11/ ~:~~~:3:~~,
Shelley Vance-Gallatin Co MT MISC 119.00
L YDENS ANNEXATION AGREEMENT
TIllS AGREEMENT is made and entered into this? 1-/ {'; clay of ~. 200!?.
by and between the OTY OF BOZEMAN, a municipal corporation and political subdivision of the
State of Montana, with offices at 411 East Main Street, Bozeman, Montana 59771-1230, hereinafter
referred to as "aty", and Greenwing Teal LLC, 924 Stone ridge Drive, Bozeman MT 59718
hereinafter referred to as "Landowner".
WITNESSE1H:
WHEREAS, the Landowner is owner in fee of a tract of certain real property, hereinafter
referred to as the "LYDENS ANNEXATION', situated in Gallatin County, Montana, and more
particularly described as follows:
Tract 8 Less West 165 Feet and the Tract 8 West 165 Feet, Smith Subdivision situated in
the NY.!, NWl.4, Section 11, T2S, RSE, PMM, and Unplatted Tract Referenced in Deed
Book 155, Pages 56-57 and situated in the NEI.4, NEI.4, Section 10, T2S, RSE, PMM
Gallatin County, Montana.
Said tract contains 13 .225 acres, more or less, along with and subject to all easements of
record or apparent on the ground.
WHEREAS, the Landowner has petitioned the Gtyfor annexation of the contiguous tract; and
I L YDENS ANNEXATION AGREEMENT ~
, 1111111 1111111111 1I1I1 11111 111111111111 11111111 11111111 ~~~~~r~r~p
Shelley Vance-Gallatin Co MT MISC 119.00
WHEREAS, the LYDENS ANNEXATION is not within the corporate limits of the Gtyor
other municipality but is contiguous to the Gtyand may therefore be annexed to the Gtyin accordance
with the provisions of this Agreement and M.GA Title 7, Chapter 2, Part 43.
WHEREAS, all parties recognize that the annexation of the LYDENS ANNEXATION
pursuant to Section 7-2-4301, et seq., M.GA, will entitle the said property to Gty services, including
municipal water and sewer service, upon their availability; and
WHEREAS, M.CA Section 7-2-4305 provides that a municipality and landowner can agree to
the provision of services to the area to be annexed; and
WHEREAS, the Gty's present water supply is insufficient to enable it to supply reasonably
adequate water service to additional customers outside the present city boundaries; and
WHEREAS, the Landowner wishes to convey to the Gty certain water rights or take some
equivalent action to provide water and sewer service to the L YDENS ANNEXATION; and
WHEREAS, all parties recognize that the development of the L YDENS ANNEXATION v.ri1l
impact Durston Road, Fowler Avenue and Babcock Street, and will require additional public street
improvements for traffic circulation; and
WHEREAS, the Landowner finds that this Agreement v.ri1l provide fonhe most satisfactory and
dependable water supply or service available to furnish water and provide traffic circulation for
development near and within the L YDENS ANNEXATION; and
WHEREAS, the making and performance of this Agreement is desirable to promote the
development of the most adequate water supply and traffic circulation pattern for the Gty 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 Gtyis necessary
and of mutual advantage to the parties hereto; and
I L YDENS ANNEXATION AGREEMENT ~
I11111111111 1111111111111111111111111111111111111111111 ~~~1~r~~~p
Shelley Vance-Gallatin Co MT MISC 119.00
WHEREAS, the parties have determined that it is in the best interests of the City and the
Landowner, and in furtherance of the public health, safety and welfare of the community to enter into
and implement this Agreement.
IN CONSIDERATION of the mutual covenants and agreements herein contained, the parties
hereto agree as follows:
1. Recitals
The above recitals are true and correct.
2. Annexation
The Landowner filed an application for annexation of the LYDENS ANNEXATION with the
Gty. The Gty, on July 18, 2005, adopted a Resolution of Intent to Annex the L YDENS
ANNEXATION. By execution of this Agreement, the City has manifested its intention to annex the
L YDENS ANNEXATION tract pursuant to the tenns and conditions of this Agreement. Subject to
the provisions of Title 7, Chapter 2, Part 43, the Gtyshall, upon execution of this Agreement, adopt a
Resolution of Annexation of the L YDENS ANNEXATION to the Gty. Further, upon the execution
of this Agreement, the Landowner shall do all things necessary and proper to aid and assist the City in
carrying out the tenns, conditions and provisions of this Agreement and effectuate the annexation of the
L YDENS ANNEXATION tract to the Gty.
3. Services Provided
The Gtywill, upon annexation, make available only existing Gtyservices to the extent currently
available, including municipal water service, municipal sewer service, police protection, and fire
protection, to the L YDENS ANNEXATION, as provided in this Agreement. The property is currently
supporting one single household residence. The existing structure shall either be connected to
municipal water and sewer within one year of annexation or removed prior to the start of the Durston
I L YDENS ANNEXATION AGREEMENT i
. 1 111111 111111111111111111111111111111111111111111111111 ~~ ~~r; ~ ~p
Shelley Vanoe-Gallatin Co MT MISe 119.00
Road construction project. In the event the residence remains then all applicable fees shall be paid at
the time of connection to Qty services.
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 Qty in accordance with Chapter 13.12, Bozeman Municipal Code, or as may be
amended, as well as any other terms and conditions which apply to the Qty's provision of this service.
The term does not contemplate the extension of lines or construction of necessary improvements at any
cost to the Qtyfor delivery of water to and within the LYDENS ANNEXATION. Nothing in this
Agreement shall obligate the Qty to pay for right-of-way acquisition, engineering, construction, and
other costs for the delivery of water to or within the L YDENS ANNEXATION to include, but not
limited to, any impact fees, hook- up, connection, or development charges which may be established by
the Qty. The applicant is further on notice that prior to development the applicant will be responsible
for installing any facilities required to provide full municipal services to the property in accordance with
the Qtyof Bozeman's infrastructure master plans and all city policies that may be in effect at the time of
development.
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 Qty in accordance with Chapter 13.24, Bozeman Municipal Code, or as may be
amended, as well as anyotherterms and conditions which apply to the Qty's provision of this service.
The term does not contemplate the extension of lines or construction of necessary improvements at any
cost to the Qtyfor collection of sewage at and within the L YDENS ANNEXATION. Nothing in this
Agreement shall obligate the Qty to pay for right-of-way acquisition, engineering, construction, and
other costs forthe collection of sewage services to or within the L YDENS ANNEXATION to include,
but not limited to, any impact fees, hookup, connection, or development charges which may be
I L YDENS ANNEXATION AGREEMENT 4
----
1111111111111111111111111111111111111111111111111111111 ~~~1~~~r~p
Shell&y Vance-Gallatin Co MT MISC 119.00
established by the City. The applicant is further on notice that prior to development the applicant will
be responsible for installing any facilities required to provide full municipal services to the property in
accordance with the City of Bozeman's infrastructure master plans and all city policies that may be in
effect at the time of development.
6. Water Rights
The parties acknowledge the following City policy.
Prior to annexation if property, it shall h: the pdicy if the City if Bazerrnn to acquire usable uater
rigpts, or an appropriate fee in lieu therecf, equal to the anticipated a7Erag? annual consumption if
uater by residents and/or users if the property uhen fully deudoped The fee mry h: usaf. to acquire
uater rifiJts or for irrprmem:nts to the wtter S)5tem wid? 71.DUld create additional wtter supply
capaGty. Exrept,!xmezer, that for any anrrxation in excess if ten (10) ams, this pdicy shall h:
carried out prior to final plat apprmnl if eadJ deu:kprrmt phase
Section 2, No.5, Commission Resolution 3137, Adopted August 19, 1996
The LYDENS ANNEXATION consists of approximately 13.225 acres.
The Landowner understands and agrees that they must provide sufficient water rights in
accordance with the City's policy according to the following schedule:
LYDENS ANNEXATION, consisting of a total of 13.225 acres,
shall provide water rights or cas h-in-lieu prior to final subdivision
plat approval, final site plan approval, or issuance of any building
permits, whichever comes first.
The Landowner shall provide sufficient cash- in-lieu as calculated by the City in accordance
with its policy at the time of calculation. The Landowner further understands that the Citywill calculate
the average annual diversion requirement necessary to provide water to this annexation tract on the
basis of the zoning designation and! or City~approved development for the property at the time such
calculation is made.
7. Comprehensive Water and Sewer Design Report
Prior to future development of the property, the Landowner shall have prepared by a
Professional Engineer, at Landowner's expense, a comprehensive design report evaluating existing
I L YDENS ANNEXATION AGREEMENT ~
II11I1111111111111111111111111111111111111111111111111I ~~~1~r6r~p
Shelley Vance-Gallatin Co MT MISC 119.00
capacity of sewer and water utilities. The report must include hydraulic evaluations of each utility for
both existing and post-development demands, and the report findings must demonstrate adequate
capacity to serve the full development of the land. If adequate water and! or sewer capacity is not
available for full development, the report must identify necessary water system and sewer system
improvements required for full development. The Lando'Wller agrees to complete at Landowner's
expense, the necessary system improvements to serve the full development.
8. Future Development
Landowner understands and agrees that adequate municipal services and facilities are not
currently available to much of the area proposed for annexation, and that there is no right, either
granted or implied by the Oty, forthe Lando'Wllerto develop any of the LYDENS ANNEXATION
until it is verified by the Otythat necessary municipal services and facilities, including but not limited to
police and fire protection and road improvements, are available to all or a portion of the L YDENS
ANNEXATION.
The Lando'Wller understands that the following additional tenus are required for the future
development of the property.
a. The right of way design for Fowler Avenue shall preserve the existing trees to the greatest extent
possible.
b. The right of way design for Fowler Avenue shall provide adequate room for a future north to
south trail connection.
c. The OtyCorrunission may consider a parkland credit forthe additional right of way dedication
for Fowler Avenue (10 feet 'Wide) dependent on design.
9. Impact Fees
Lando'Wller(s) hereby acknowledge that annexation and development of their property will
impact the Ory's existing street, water, and sewer infrastructure, and fire service requirements.
I L YDENS ANNEXATION AGREEMENT Q
111111111111111111111111111111111111111111111111111111I ~~~1~r~T~p
Shelley Vance-Gallatin Co MT MISC 119.00
LandO'wners shall pay to the Gtyimpact fees for the existing residence with the submittal of a final plat,
final site plan, building pennit or connection to the municipal sewer and water systems, whichever
occurs first, unless the dwelling unit is demolished or moved. At the time of any further development
on the properties, the landowners and their successors shall pay all Fire, Street, Water and Sewer Impact
Fees required by chapter 3.24, Bozeman Municipal Code, or as amended, at the time of application for
anypennit listed in Section 3.24.050A, 3.24.060A, 3.24.070A, or 3.24.080A, respectively
Landowners further understand and agree that any improvements, either on- or off-site,
necessary to provide connection of L YDENS tract to municipal services which are wholly attributable
to the property are "project related improvements" as defined in Chapter 3.24, Bozeman Municipal
Code, or as amended, and as such, are not eligible for impact fee credits.
If Landowner shall default on this condition at the time such is to be perfonned, and should
default not be remedied or corrected within thirty (30) days after written notice byGtyto Landowner of
such default, Gty may at their option:
If Landowner shall default on this condition at the time such is to be performed, and should
default not be remedied or corrected within thirty (30) days aftenvrittennotice by Gtyto Landowner of
such default, Gty may at their option:
A Declare the amounts owing for impact fees immediately due and payable and Gty shall have
the right and privilege to take legal action against Landowner for the collection of such
sums, including the entry of any judgment. In addition, the Gty may, at its option, enforce
payment of such amounts by levying an assessment on the premises.
B. Elect any other remedy available to Gtyunder the laws of the State of Montana.
C. Any waiver by Gty of any default shall not be construed as a waiver of any subsequent
default.
D. Landowner(s) hereby acknowledge and agree that it shall be no defense to the
enforcement of this provision by Gty that impact fees imposed pursuant to
I L YDENS ANNEXATION AGREEMENT i
1/11111111111111111111111111111111111111111111111111111 ~~~~r:~~,
Sh_lley Vanoe-Gallatin Co MT MISC 119.00
Olapter 3.24 of the Bozeman Municipal Code are subsequentlyvoided or declared
invalid by a court of competent jurisdiction. It is the express intention of the
parties not to be bound by such a declaration or judgment and, therefore,
notwithstanding any judgment either limiting impact fee payments under
annexation agreements to specified amounts, or prohibiting any such payment,
landowner will pay such fees as specified above, in the amounts calculated for all
such fees based upon the rates established at the date of this agreement.
10. Stormwater Master Plan
Landowner understands and agrees that a Stormwater Master Plan for the L YDENS
ANNEXATION for a system designed to remove solids, oils, grease, and other pollutants from the
runoff from the public streets must be provided to and approved by the Gty Engineer at the time of any
future development. The master plan must depict the maximum sized retention! detention basin
location and locate and provide easements for adequate drainage ways within the area to transport
runoff to the stormwater receiving channel(s). The plan shall include site grading and elevation
information, typical stormwater detention! retention basin and discharge structure details, basin sizing
calculations, and stormwater maintenance plan.
11. Traffic Analysis Report
Landowner may be required to provide a detailed Traffic Analysis Repon(s) at the time of future
development of any portion of the annexed property.
u. Waiver of Right-to- Protest Special Improvement Districts
Landowner has executed a Waiver of Right-to-Protest Creation of Special Improvement
Districts for street improvements, including paving, curb/gutter, sidewalk, and storm drainage
appunenances to Durston Road and Fowler Avenue and signalization of the intersection of Fowler
Avenue/Durston Road and Fowler Avenue/Babcock Street; and have funher executed a Waiver of
I L YDENS ANNEXATION AGREEMENT ~
.
111111111111111111111111111111111111111111111111111111I ~~,1~r:~~p
Shelley Vanoe-Gallatin Co MT MISC 119.00
Right-to-Protest Oeation of Special Parks Maintenance District. Said Waivers are attached hereto as
Exhibits A and B.
In the event an SID is not utilized for the completion of these improvements, the developer
agrees to participate in an alternative financing method for the completion of said improvements on a
fair share, proportionate basis as determined by square footage of property, taxable valuation of the
property, traffic contribution form the development, or a combination thereof.
13. Parks. Open Space and Trails
Landowner understands and agrees that to achieve the goals and objectives set forth in the
Bazerran 2020 Comnunity Plan, any contiguous parks, open space, and/or trails shall be extended to the
annexed property, and a Master Plan of said parks, open space and trails shall be provided. Said Master
Plan is attached hereto as Exhibit C.
14. Uman Design
The landowner acknowledges and agrees that future development will comply-with the goals and
policies of the Bazerran 2020 Comnunity Plan, and having recognized the Gty's concern for
implementation of progressive urban design guidelines outlined in the Bazerran2020 ComnunityPlanfor
both community and neighborhood design, a Master Plan of the land use patterns and types for
development of the property that addresses compatibility with and sensitivity to the immediate
environment of the site and the adjacent neighborhoods relative to architectural design, building mass
and height, neighborhood identity, landscaping, historical character, orientation of buildings, and visual
integration shall be provided with the signed annexation agreement. Said Master Plan is attached hereto
as Exhibit D.
15. Right-of- Way/Easement for Future Roadways
Landowner has dedicated, by Public Street and Utility Easement, the following land to the Gty
of Bozeman for right-of-way purposes, which represent Landowner's proportionate share of the
I L YDENS ANNEXATION AGREEMENT ~
111111111111111111111111111111111111111111111111 1111111 ~~~~~f0~~P
Shelley Vance-Gallatin Co MT MISC 11900
necessary right-of-way. Said Public Street and Utility Easement will be filed with the Gallatin County
Oerk and Recorder at the time this Annexation Agreement is filed.
The owner shall provide a public street and utility easement for Durston Road and Fowler
Avenue. The easement shall be 50 feet wide from the section line for Durston Road and 60 feet wide
from the section line for Fowler Avenue (in addition to all of the Unplatted Tract Referenced in Deed
Book 155, Pages 56-57).
16. Utility Easements
Landowner understands and agrees that utilityeasements, a rninimumof 30 feet in width, will be
necessary for the installation and maintenance of water and sewer utilitysetvices to the annexed parcel.
The Landowner shall create such easements in locations agreeable to the Gty during the appropriate
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.
17. Additional T eons of Waivers
The parties recognize that these documents shall be filed and of record with the Gallatin County
Oerk and Recorder prior to the sale of any land within the L YDENS ANNEXATION. The parties
further agree that the Gty may file these documents at any time.
18. Governing Law and Venue
1bis Agreement shall be construed under and governed by the la'WS of the state of Montana. In
the event of litigation concerning this Agreement, venue is in the Eighteenth Judicial District Court,
Gallatin County, State of Montana.
19. Attorney's Fees
In the event it becomes necessary for either pany to this Agreement to retain an attorney to
enforce any of the terms or conditions of this Agreement, then the prevailing pany shall be entitled to
I L YDENS ANNEXATION AGREEMENT ~o
-- ------------------------------------------------
//111//111/11/11/111/1//1/1/11111111111111111111/11/111 ~~~~~~~,
Shelley Vance-Gallatin Co MT MISe 119.00
reasonable attorney's fees and costs, to include the salary and costs of in-house counsel including Uty
Attorney.
20. Waiver
No waiver by either party of any breach of any tenn, covenant or agreement shall be deemed a
waiver of the same or any subsequent breach of this same or any other tenn, covenant or agreement.
No covenant, term or agreement shall be deemed waived by either party unless waived in writing.
21. 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.
22. Modifications or Alterations
No modification or amendment of this Agreement shall be valid unless evidenced by a writing
signed by the parties hereto.
23. No Assignment
It is expressly agreed that the Landowner shall not assign this Agreement in whole or in part
without prior written consent of the Gty.
24. 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.
25. Covenants to Run with the Land
The parties intend that the terms of this Agreement shall be covenants running with the land and
shall not expire at their deaths or upon transfer of ownership of the property.
The undersigned Landowners affirms that they have authority to enter into this Agreement on
behalf of their partnership, and to bind the partnership to this Agreement.
I L YDENS ANNEXATION AGREEMENT ~l
.
1111111111111111111111111111111111111111111111111111111 ~~~~~~0~~P
Shelley Vance-Gallatin eo MT MIse 119,00
IN WITNESS WHEREOF, the parties hereto have caused this Agreernentto be executed the
day and year first above written.
LANDOWNERS
~~ ""Ir'+JI~ "'<-b./
By: eal Ainsworth
For. Greenwing Teal, LLC
STATE OF MONTANA )
:ss
COUNTY OF 6 d I1.llftk )
On this ,;S J sf day of fVL~ ,2006, before me, a Notary Public for the State
of Montana, personally appeared Neal Ainsw th, IIVt (~W l"I"l<~y, representmg Greenwmg Teal,
LLC., known to me to be the person that executed the forego g ~nexation Agreement, and acknowledged to
me that@/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written,
(SEAL) ~lRlLvLR- ~e-vc~~r-
, :\ /-/...
< .'. ..".~f:.'4it,.:>\1" <' H e. IrQ. iI~ (:., ve LA- Il y--
" \.),4", '.-' (Printed Name Here)
'0 . - Notary Public for the State of Montana
0'1 -\ .... 'fI"\
': ~ :.'" :0 Residing at I'?J~ , Montana
. 4 " ...~. .
.',' \.-' _-.1 ,::0
,,:,'" " ;--....,' i"', WLo Co m tuls.sJ'o-r-. '4-P/rP-.JJ. 3/Z5/2007
A... ~ 1',,:"" ", .",'
"'71, "".. .,' ..'.'
"'" \' . . .. <II ~ ~ . t .' ..... "':"
\ ' -
'1:'
-'
I L YDENS ANNEXATION AGREEMENT ~2
1111111111111111111111111111111111111111111111111111111 ~~~~~~0~~P
Shelley Vance-Gallatin Co MT MISC 119.00
CITY OF BOZEMAN
~!C~
By: Chris Kukulski, City Manager
A71ST U-
Devin ~rbour,
Acting City Clerk
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN)
On the ~ay of ~ ) , 20.....a&., before me, a Notary Public for the State of
Montana, personally appeared CHRIS KUKULSKI and DEVIN M HARBOUR, known to me to be
the City Manager and Acting City Clerk sian respectively, of the City of Bozeman, whose names are
subscribed to the within instrument and acknowledged to me that they executed the same for and on
behalf of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and afftxed my seal on the day and
year ftrst written above.
(Seal)
" ~ (J2 J;
,'. '.":~ -"':""'/7 ./IA/1'; dh_
<.'.'?....-. . ..<~<:~:,.,..,.. ( inted Name Here)
:'::.... ....7:.', r.- .:.::, f/.;'.' :. Notary Public for the State of Montana
. ~"'v ~,,,, ~
:: ~ ~,- :: Residing at I 19-;y:tz-+.( Montana.
:. .' r;, r: 1\1.., .... : -1YJ1A... (I~' ~~AJ...J
-:::./......:~..,:........:.:~: ',',.::,.'. ',~': Lif' 9-yu.<.a{- 31) dlO /0
// /,,:), 1-,,".' '.
II I.. ' . ::' : . . " .
, J i ' ~ \ '
I LYDENSANNEXATION AGREEMENT :.\13
.
.
1111111111111111111111111111111111111111111111111111111 ~~6~?f,~ ~p
Shelley Vance-Gallatin Co MT MISC 11900
EXHIBIT A
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
L YDENS ANNEXATION
The undersigned owners of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
Tract 8 Less West 165 Feet and the Tract 8 West 165 Feet, Smith Subdivision situated in
the NYz, NWIA~, Section 11, T2S, RSE, PMM, and Unplatted Tract Referenced in Deed
Book 155, Pages 56-57 and situated in the NEIA, NEIA, Section 10, T2S, RSE, PMM
Gallatin County, Montana.
Said tract contains 13 .225 acres, more or less, along with and subjectto all easements of
record or apparent on the ground.
IN OONSIDERATION of receiving approval for annexation of the subject property from the
Gty 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
Durston Road and Fowler AU:'nue" which will be caused by the development of the above-described
property, the owner has waived and do hereby waive for itself, its successors and assigns, the right to
protest the creation of one or more special improvement districts for paving, curb, gutter, sidewalk,
and storm drainage facilities for Durston Road and Fowler AU:'nue; for signalization of the
intersection of Fowler AU:'nue/Durston Road and Fowler AU:'nue/Babcock Street; orto make
any 'Written protest against the size or area or creation of the district, or method of assessment to be
assessed in response to a duly passed resolution of intention to create one or more special improvement
districts which would include the above-described property.
In the event an 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
I LYDENS ANNEXATION AGREEMENT ~4
.
. 1111111111111111111111111111111111111111111111111111111 ~~~~~fa~~p
Shelley Vance-Gallatin Co MT MISC 119,00
share, proportionate basis as determined by square footage of property, taxable valuation of the
property, traffic contribution from the development or a combination thereof.
This waiver shall be a covenant running with the land and shall not expire, provided however this
waiver shall apply to the lands herein described.
The tenus, covenants and provisions of the Waiver shall extend to, and be binding upon the
successors-in-interest and assigns of the parties hereto.
DATEDthis~dayof ~D ,20~.
LANDOWNERS
A.J0~ Mq-l\~t.~ MR.,.... b~
By: Neal Ainsworth
For: Greenwing Teal, LLC
STATE OF MONT ANA )
:ss
COUNTYOF~
On this 31 Gr day of ~~... , 2006, before me, a Notary Public for the State
of Montana, personally appeared Neal Ains orth, m(l A~ W12VV1kv, representing Greenwing Teal,
LLC., known to me to be the person that executed the forego' g nnexatlOn Agreement, and acknowledged to
me that~she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written.
~ H.e I.Q Vl-e (5 v€.-v\ iVz~
,.\> r :.R 1 Q "/\II.- g (P.AA-1Y;fK (Printed Name Here)
<, \. ') ",.(
. .~ :'>~~:' :S! .... '~,: Notary Public for the State of Montana
. : ~~ -. Residing at tJfJ2P~ ,Montana
- '
..~ \ "'. ."........-:: ,. My Commission
...10' '~ ,-.
'. '., ~ ' " Expires 3 /1...81'7 00 ')
.,1// ,
, .' .
.., . ~'),"') I ,
t,., O.
I LYDENS ANNEXATION AGREEMENT ~5
.
, I ~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII g~?f,~~p
Shalley Vance-Gallatin Cc MT MISC 11900
EXHIBIT B
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL PARKS MAINTENANCE DISTRICTS
LYDENSANNEXATION
The undersigned owners of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
Tract 8 Less West 165 Feet and the Tract 8 West 165 Feet, Smith Subdivision situated in
the N'l1, NW%, Section 11, T2S, RSE, PMM, and Unplatted Tract Referenced in Deed
Book 155, Pages 56-57 and situated in the NEl.4, NEl.4, Section 10, T2S, RSE, PMM
Gallatin County, Montana.
Said tract contains 13 .225 acres, more or less, along with and subject to all easements of
record or apparent on the ground.
IN CONSIDERA 11 ON of receiving approval for annexation of the subject property from the Gty
of Bozeman, along "\Vith accompanying rights and privileges and for other and valuable consideration,
the receipt of which is hereby acknowledged, and in recognition of the impacts on the Gty's park
facilities and the need for the maintenance of municipal park areas to selVe Gty residents, the owners
have waived and do hereby waive for themselves, their successors and assigns, the right to protest the
creation of one or more special parks maintenance or improvement districts for a City-'Wide Parks
M aintenanee Dis triet, or to make anywritten protest against the size or area or creation of the district
to be assessed in response to a duly passed resolution of intention to create one or more special parks
maintenance or improvement districts.
In the event Gty- wide Parks Maintenance or Special Improvement Districts are not utilized for the
Gty- "\Vide park maintenance, we agree to participate in an alternate financing method for completion of
said improvements on a fair share, proportionate basis as determined bysquare footage of the property,
linear front footage of the property, taxable valuation of the property, or a combination thereof.
This waiver shall be a covenant running with the land and shall not expire, provided however this
waiver shall apply to the lands herein described.
I LYDENS ANNEXATION AGREEMENT ~6
..
.. I IUIII UIII IIIII IIIII IIIII IIIIIIIIIUI III UIIII III IUI ~~;~;!f2~p
i
Shelley Vance-Gallatin Co MT MISC 119.00
The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the
successors-in-interest and assigns of the parties hereto.
DA1ED this3/5f-dayof ~t' ,20~.
LANDOWNERS
~(~g~ ~At~ ~W
For. Greenwing Teal, LLC
STATE OF MONTANA )
:ss
COUNTY OF 6aJiol-n,,--)
On this 3 J sr day of ~.. ,2006, before me, a Notary Public for the State
of Montana, personally appeared Neal Ain orth, ~ rne-Mh,~K1"epresentmg Greenwing Teal,
LLC., !mown to me to be the person that executed the foregoi g nexatlOn Agreement, and ac!mowledged to
me tha~she executed the same,
... WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written,
. \~, ~4) ~((0vL~- 'ft e,l.€-vt.e.. 6 V'f V\ I~() frv
.' ,~r .,."". ", ~J
,.,;, .... '. 'tl-1 i\.Q
0," t:r:J 0 " .", (Printed Name Here)
"'" .: _\ '., 'rl"l
:-:: "'......:r:--', <; Notary Public for the State of Montana
" (~~~:.>, [:-.. / !~~~ /~ Residing at fJU7Y~A.... , Montana
My Commission '--
\ J, . Expires,3/2-$/'2/)Ot
I L YDENS ANNEXATION AGREEMENT ij7
------.-----