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Home My WebLink About05- Manley Road/Bozeman Building Traditions Annexation Agreement . . MANLEY ROAD/BQZEMAN BUILDING TRADITIONS a: ..... Ul Ul ANNEXAT!ON AGREEMEN'I' cn~":': S-- -Ul ~o~ ...-I - ~ THIS ACREEMENT is made and entered into this 19th day of December , 2005, by N .re m- N .N 0..- and between the CITY OF B07.EMAN, a municipal corporation and political subdivision of the State of _0 _0 - -CD Montana, with offices at 411 East Main Street, Bozeman, Montana, and mailing address at P.O. Box 1230, ::::: ~ Bozeman, Mon tana, 59771" 1230, hereinafter re ferred t() as "City," and Bozeman Building Traditions, ~ - =0 -Ul P.O. Box 4480, Bozeman, Montana 59772, hereinafter referred to as "Landowner." _E =1- -:0:: WITNESSE'l"II: ~o =0 - WHEREAS, the I ,andowner is owner in fee of tracts of certain real property, hereinafter referred ~-~ ~. -~ -~ to as the "MANLEY ROAD ANNEXATION," situated in Gallatin County, Montana, and more ===== . -(') -' -. _0 particularly described as follows: =c -" -:> That part of the SW% of Section 31, TIS, R6E, PMM, Gallatin County, iiiiiiiiiiiiii >- -. =~ Montana, described as follows: commencing at the W1/4 corner of said iiiiiiiiiiiiii .. ~.s::. _Ul Section 31; thence southerly 1770 45' 52", assumed azimuth from north, 299.9 feet along the west line ofthc SW% of said Section 31, to the point of beginning ofthe property to be described; thence easterly 0870 46' 48" azimuth 399.82 feet; thence southerly 1770 47' 35" azimuth 200.00 feet; thence westerly 2670 46' 48" azimuth 399.71 feet; thence northerly 3570 45' 52" azimuth 200.00 along said west line to the point of beginning. WHEREAS, the Landowner has petitioned the City for annexation of the contiguous tracts; and WHEREAS, the MANLlW ROAD ANNEXATION is not within the corporate limits of the City of Bozeman or other municipality but is contiguous to the City and may therefore be annexed to the (:ity in accordance with the provisions of this Agreement and MeA Title 7, Chapter 2, Part 43; and WHEREAS, all parties recogni<,:e that the annexation of the MANl ,EY R(JAD ANNEXATION pursuant to Section 7-2-4301, et seq., MCA, will entitle the said property to City services, including municipal water and sewer service, upon their availability; and WHEREAS, MCA 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 City's present water supply is insufficient to enable it to supply reasonably adequate water service to additional customers outside the present city boundaries; and WHEREAS, the Landowner wishes to com-e\ to the City certain water rights or take some equivalent action to provide water and sewer service to the MANLEY ROAD ,\ NNEXAT'ION; and WHEREAS, aU parues reCOh'1l1Ze that the development of the 0L\NLl<~Y ROAD ANNEXAT10N will impact Manley Road and will reqmre additional public street improvements; and WHEREAS, the I "andowner finds that this Agreement will provide for the most satisfactory and dependable water supply or service available to furnIsh water and provide traffic circulation for I MANLEY ROAD ANNEXATION, +iA-040 16 1 I . developmt:nt near and within the MANLEY ROAD ANNEXATION; and ...... a: WHEREAS, the making and performance of this Agreement is desirable to promote the In In m...:.:. development of the most adequate water supply and traffic circulation pattern for the City as it now exists c,g-- -In .. og and as it is reasonably expt:cted to enlarge; and ...-I '" ~ N .re ..- WHEREAS, the securing of an adequate water supply and traffic system by the City is necessary N "'" 0.- _e _e and of mutual advantage to the parties hereto; and - -m ~ WHEREAS, the parties have determined that it is in the best interests of the City and the - - I ,andowner, and in furtht:rance of the public health, safety, and welfare of the community to enter into 0 -00 ~- _E and implement this ^gtTt:ment. l- E 0 IN CONSIDERATION of tht: mutual covenants and agreements hert:in containt:d, tht: parties _0 - .5 ~~ hereto agree as follows: .. ::: " -(!) 1. Recitals -, -. _0 <: The above recitals alT true and correct. -" -> >- 2. Annexation -~ ~~ -. _L: _00 The Landowner filed an application for annexation of tht: MANLEY ROAD ANNEXATION with the City on Octobt:r 2R, 2004. The City, on January 1 R, 2005, adopted Resolution ofTntt:nt to Annt:x No. 3702 for tht: MANLEY ROAD ANNEXATION. By execution of this Agrt:unt:nt, tht: City has manifested its intention to annt:x the MANLEY ROAD .1\ NN I,:XATION tract pursuant to the tenns and conditions of this Agreement. Subject to the provisions of Title 7, Chaptt:r 2, Part 43, the City shall, upon execution of this Agreement, adopt a Resolution of Annexation of tht: MANLEY ROAD ANNEXJ\TTON to the City, Further, upon the execution of this ;\gret:ment, the] ,andowner shall do all things necessary and proper to aid and assist the City in carrying out the terms, conditions, and provisions of this Agreement and <:fkctuate the annexation of the MANLEY ROAD ANNEX ATI ON tracts to the City, 3. St;.tvices Provided The City will, upon annexation, make available only existing City services to the extent currently availablt:, including municipal water service, municipal st:wt:r service, police protection, and 6rt: protection, to the MANLEY ROAD ANNEXATION, as provided in this AgITt:mt:nt. 4. Municipal Water Service Defined Tht: term "municipal water service" as is used in this Agreement shall be the service which is supplied by tht: City in accordance with Chapter 13,12, Bozeman Municipal Cock, or as may be amended, as well as any other terms and conditions which apph- to the City's provision of this st:rvice. Tht: knTl does not contemplatt: the extension oflint:s or construction of necessary improvt:mt:nts at any cost to the City for delivery of watt:r to and within the MANLFY ROAD ANN EXXJ'rON. Nothing in this I MANLEY ROAD ANNEXATION, IIA-040 16 2 I Agreement shall obligate the City to pay for right-of-way acquisition, engineering, construction, and other ...... a: 10 10 costs for the delivery of water to or within the MANI ,FY ROAD ANNEXATION to indude, but not en....;.: Q-- _ 10 limited to, any impact fees, hook-up, connection, or development charges which may be established by lIl:I" 0 ~ ~...~ N.~ the City. I Jpon annexation and upon availability of service, the existing residence on the property must be ...... N"N 0..- _(51 connected to City water. Any wells presently used for dom<:stic purpose can be retain<:c.l for irrigation only _(51 - -CD =- =- with no physical connection to clom<:stic water piping, - - ~ 5. Municipal Sewer Scrv~~e Defined - =u -Ill The term "municipal sewer service" as is us<:d in this Agreement shall b<: th<: s<:rvic<: which is -;;: =1- ~E supplied by th<: City in accordanc<: with Chapter 13.24, B07:<:lTlan Municipal Code, or as may be am_ended, ~o =u - -<= -.... as well as any other terms and condirions which apply to the City's provision of this service. The term -.. -.. === :: =.. docs not contelnplate the extension of lines or construction of necessary improvements at any cost to the -co -, -. _0 City for collection of sewage at and within the MANLEY ROAD ANNEXATION. =<= Nothing in this -" => -,.. Agreement shall obligate the City to pay for right-of-way acc-luisition, engineering, construction, and other -. =- ~. ~s:: costs for the collection of sewage services to or within the MANLEY l~Oi\D ANNr'~XATION to _Ill include, but not limited to, any impact fees, hookup, connection, or development charges which may be established by the City. Upon annexation and upon availability of service, the existing r<:silknce on the property must be connected to City sewer utilities. The existing on-site treatment systems must be properly abandoned and certification provided the abandonment occurred. 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 aClp.lire usable water rights, or an appropriate fee in lieu thereof, ellualto 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 tights or for improvements to the water system which would create additional water supply capacity. Except, however, that for any annexation in excess of t<:n (10) acres, this policy shall be carried out prior to final plat approval of each developm<:nt phase. -S<:ction 2, No.5, Comrnission Resolution 3137, Adopted August 19,1996 The MANI,J<:Y ROAD ANNEXATION consists of approximatdy 1.8 acres (exclusive of adjacent right-of-way). The Landowner understands and agrees that they must provide sufficient water rights in accordance with the City's policy according to the following schedule: MANLEY ROAD ANNEXATION, consisting of a total of 1.8 acres, shall provide water rights or cash-in-lieu in the amount of$ to the City ofBo7.eman, at the time the Annexation Agreement is submitted. IMANLEY ROAD ANNEXATION, #A-04016 3 I ,.... a: Ul Ul The Landowner shall provide sufficient cash-in-lieu as calculated hy the City in accordance with its m~..:: Q-- --Ul policy at the time of calculation. -1'he Landowner further understands that the City will calculate the ~og .... ... ~ average annual diversion requirement necessary to provide water to this annexation tract on the basis of N.~ ..~ N "'" 11-- the zoning designation and/ or City-approved development for the property at the time such calculation is _0 _0 - -m -- made. ~- - Comprehensive Wat<:;.r and Sewer Design K<;',uprt iiiiiiiiiiiii 7. - =u -'" Prior to development of the subject annexation, the applicant's engineer will he required to _E =1- ~lE prepare a comprehensive design report evaluating the existing capacity of both the water and sewer iiiiiiiiiiiii 0 =u - _r: utilities. The report must include hydraulic evaluations of each utility for both existing and post -'- iiiiiiiiiiiii .. === :: development demands. The report finclings must demonstrate that adequate capacity is available to serve =" -." - I -. full development of the annexation area, If adelluate water and/ or sewer capacity is not available for the _0 =r: -" -> full development, the report rnust identify the water and sewer system improvements relluired 1"0 provide iiiiiiiiiiiii >- -. =-- --- -. the necessary capacity. Any improvements necessary to serve the full development must be in place prior ~.t:; -'" to further development of the site. The Landowner agrees to complete at 1 ,andowner's expense, the necessary system improvements to serve the full development. 8. future Development and/ or Subdivision 1 ,andowner understands and agrees that there is no right, either granted or implied by the City, for the 1,andowner to develop any of the MANLEY ROAD ANNEXATION until it is verified by the C:ity that necessary rnunicipal services, including but not limited to police and fire protection, are available to all or a portion of the MAN! ,EY ROAD ANNEXATION. The Landowner is hereby on notice of the following requirements upon further development or subclivision of the MAN!JW ROAD ANNEXA'l'ION: a) 'fhe annexation agreement shall include 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 p()licies that may be in effect at the time of development. b) The Montana Department of Fish, Wildlife and Parks shall be contacted by the Applicant regarding any proposed clitch/stream relocation and any required permits (i.e., 310, 404, 'furbidity exemption, etc.) shall be obtained prior to Final Site Plan/Subdivision approvaL c) Prior to any development of the subject annexarion, a storrnwater drainage and gracling plan shall be provided to and approved by the City Engineer. The plan must demonstrate that adequate treatment of runoff from the public streets and all future lots will be achieved by providing spot elevations, flow direction arrows, detention and/ or retention basin details (including basin sizing calculations and basin typical sections), outlet structure details, and culvert capacity calculations. The plan must also locate and provide easements for adequate drainage ways within the annexation area to transport treated runoff to the stormwater receiving channel. d) Prior to any development of the subject annexation, the new street: shall be constructed to follow the City of Bozeman Local Street Standards with a 31 foot (back of curb to back of curb) width. However, sidewalk will only need to be constructed on the North side of the IMANLEY ROAD ANNEXATION, #A-04016 4 I Street because the streets close proxirnity to the East Gallatin Rec. Area. a: e) A public access casement of 60 feet will be required for the construction of the new ,.... 10 10 street. OJ....:.:. S-- f) Plans and specifications for any water, sewer and/or storm sewer rnain extensions, and ....10 ..,. 0 g Public or Private Streets (including curb, gutter & sidewalks) prepared by a Professional ....10 !::' Niire Engineer (PF) shall be provided to and approved by the City F,ngineer. Water and sewer ..- N ..... plans shall also be approved by rhe Montana Department of Environmenral Quality. The <L _ _<51 _<51 applicant shall also provide Professional r'~ngineering services for construction inspection, - -CD =- post-construction certification, and preparation of mylat record drawings. Specific ~- ~ comments regarding the existing and proposed infrastructure shall be ptovided at that time. --- - Construction shall not be initiated on the public infrastructure improvements until the =u -", plans and specifications have been apptoved and a pre-construction conference has been -~ =1- conducted. No building permits will be issued prior to City acceptance of the ~E ~o infrastructure improvements. =u - !!!!!!!!!!!!!!! .5 g) Tn the event the property contained within the annexation is subdivided, the property ---- .. shall be subdivided into five (5) parcels complying with R-l zoning prior to any === :: =.. -.., development. No further subdivision shall he allowed. No more than five (5) dwelling - I -. _0 units shall be allowed within the annexation and this restriction shall be noted on the =c -.. -> subdivision plat. ~>- -. =- ~. 9. Impact Eees !!!!!!!!!!!!!!! -c -'" The Landowners heteby acknowledge that annexation and development of their property will impact the City's existing sttect, water, and sewet in frastructure, and fire setvice telluirements. There is one existing residence on the property, At the time of annexation, the landowners shall pay all street and fire impact fees that are attributable for the existing residence. At the time of connection to the City's water and sewet facilities, the landowners shall pay all applicable water and sewer impact fees for the existing residence. At the time of any further development on the properties, the landownets and their successors shall pay all I,'ire, Street, Water and Sewer Impact I'"ees required by chapter 3.24, Bozeman Municipal Code, or as amended, at the time of application for any permit listed in Section 3,24,OSOA, 3.24.060/\, 3.24.070A, or 3.24.0t\OA, tespectivcly. If the impact fees currently imposed pursuant to Chapter 3.24 of the Bozeman Municipal Code are subsequently voided or declared invalid by a court of competent jurisdiction, Landowners agree to pay the City fees or assessments established by the City for impact on City services in accordance with a new or tevised Chapter of the Bozeman Municipal Code lawfully enacted as a result of such court decision after the date of the court decision. If, prior to enactment of such revised Chapter, the Landowner applies for any permit which actuates or would have actuated impact fees pursuant to the current Chapter 3.24 of the 1302e11un Municipal Code, the J ,andowner further agrees to pay at that time, the arnount calculated for all such fees based upon the rates established at the date of this agreement. If the Court above declares Chapter 3.24 of the Bozeman Municipal Code invalid, and if landowner would have been entitled to a l'Cfund under the court's decision but were it not for the sole fact of the landowner paying impact fees because of this agreement, then aU such impact fees paid prior to the I MANU,Y ROAD ANNEXATION, If ^-040 16 5 I court's decision shall be held in escrow until a revised Chapter of the Code is enacted after the Court's ,.... a: 10 10 decision. 01.....:.: Q-~ -10 ;\t the time the revised code is enacted, then all such fees held in escrow shall be released to the 'It o:l!: ~"'~ city and the balance, if any, returned to the landowner. All accumulated interest on the sum held in N.re ..- NOU" 0.- escrow shall be released to the City or landowner on the same percentage as the money released to either _0 _0 - -CD party bears to the total sum held in escrow. =- ---- ~ ~ Landowners further understand and agree that any irnprovements, either on- or off-site, necessary ---- - =u -", to provide connection of MANLEY 1\0/\ D ANN I<:XATION to municipal services which arc wholly -~ =1- ~E attributable to the property are "project related improvements" as defined in Chapter .3.24, Bozeman ____ 0 =u - Municipal Code, or as am.ended, and as such, arc not eligible for impact fee credits. ~5 ---- .. -:: If Landowners default on this condition at the tllne such is to be performed, and should default =.. -CI - I -. not be remedied or corrected within thirty (30) days after written notice by City to T ,andowners of such _0 =c -" => default, City may at their option: -,.. -. ==-- ---- .. a) Declare the amounts owing for impact fees immediately due and payable and City shall ~r:. -'" 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 payrnent of such amount by levying an assessment on the premises. b) Elect any other remedy available to City under the laws of the State of Montana. c) J\ny waiver by City of any default shall not be construed as a waiver of any subsequent default. d) It is agreed that it shall be no defense to the enforcement of this provision by the City that impact fees imposed pursuant to Chapter 3.24 of the Bozeman Municipal Code arc subselluently voided or declared invalid by a court of competent jurisdiction. It is the express intention of the parties not to be bound by such a declaration or judgment and, therefore, notwithstanding any judgm.ent either limiting impact fee payments under annexation agreements to specified amounts, or prohibiting any such payment, landowner will pay such amount as specified above. 10. Stormwater Master Plan I,andowner understands and agrees that prior to development of the MAN! ,EY ROAD ANNEXl\ T! ON, a storrnwater drainage and grading plan shall be provided to and approved by the City Engineer. The plan must demonstrate that adequate treatment of runoff from the public streets and all future lots will be achieved by providing spot elevations, flow direction arrows, detention and/or retention basin details (including basin sizing calculations and basin typical sections), outlet structure details, and culvert capacity calculations. The plan must also locate and provide easements for adelluate drainage ways within the annexation area to transport treated runoff to the stormwater receiving channel. The plan shall also include a stormwater maintenance plan, I MANLEY ROM) ANNEXATION, tlA-04016 6 I ~ 11. Traffic An3.!ysis Report " a: .... .... If required by the Engineering Department, the landowner shall provide a detailed Traffic Analysis m....::. Q~~ -.... Report(s) at the time of future development of any portion of the annexed property. ~og 't""Ir- ~ 12. Waiver of Right-to-PtQtest Special Improvement Districts N .re ..- N-"I n. ~ 1 ,and owner has executed a Waiver of Right-tn-Protest Creation of Special Improvement Districts _09 _09 - -III for street improvements, including but not limited to: paving, curb, gutter, sidewalk, and storm drainage iiiiiiiiiii ;: ~ iiiiiiiiiii improvements to Manley Road; and have further executed a Waiver of Right-to-Protest Creation of - =u -on -.... Special Parks Maintenance Districts. Said Waivers are attached hereto as Exhibits A and B. ==lE =1- ~li: 13. Right-of-Way Easement for Future Roadways ~o =u - _c I ,andowner has dedicated, by written casement, the following land to the City of B07.eman, which --... -+0 -- -- ~- represents the Landowner's proportionate share of the necessary right-of-way: =- -... -, -. _0 The applicants shall submit an easement for 15 additional feet of right-of-way along =c a. -- -> Manley Road. Manley Road is designated as a Future Collector and relluires 90 feet iiiiiiiiiii ,. -. of Right of Way. =- ~. ~.s::; Said casements will be flied with the Gallatin County Clerk and Recorder at the time this Annexation -on Agreement is tiled. 14. Utility Easements Landowner understands and agrees that utility casements, a minimum of 30 feet in width, will be necessary for the installation and maintenance of water and sewer utility services to the annexed parcel. The Lanclowner shall create such easements in locations agreeable to the City during the appropriate development procedure, but in no event later than the filing of any final plat or site plan or issuance of a building permit on any of the parcels. 15. Ditch Easements Lanclowner understands and agrees that if the onsite ditch is used as an agricultmal water user facility or for some other purpose including overflow or drainage, appropriate casements shall be filed prior to annexation in accordance with Section 18.42.060 "Easements," 16. Wetlands I ,andowner understands and agrees that, prior to annexation, boundary determinations shall be prepared for all wetlands on the property to be annexecl in accordance with Section 18.56.050 "Wetlands Mapping." 17. Additional Terms of Waivers The parties recognize that these documents shall be flied and of record with the C-;allatin County Clerk and Recorder prior to the sale of any land within the MANLEY ROAD ANNEXATION. The parties further agree that the City may flie these documents at any tirne. IMANLEY ROAD ANNEXATIOn #A-04016 7 I ,.... a: If) If) 18. Governing Law and Venue m....:.: Q~~ 'rhis Agreement shall be construed under and governed by thc laws of the state of Montana, In -If) ~og .... CD ~ the event of litigation conccrning this Agreement, venue is in the Eighteenth Judicial District Court, Niire m_ N "N n. ~ Callatin County, State of Montana. _0 _0 - -CD 19. Attorney's Fe~~. =~ ~~ ~ In the event it becomes necessary for either party to this Agreement to retain an attorney to ~ - =u -en enforce any of the terms or conditions of this Agree1l1_ent, then the prevailing party shall be entitled to _E =1- -lE reasonable attorney's fees and costs, to include the salary and costs of in-house counsel including City ~o =u - Attorney. ~..s ~~ -..... 20. Waiver ~..... =.. -<.',I - I -. No waiver by either party of any breach of any rerm, covenant, or agreement shall be deemed a _u =c -.. -> waiver of the same or any subselluent breach of this same or any other term, covenant or agreelnent. No ~,.. -. =..... covenant, term or agreement shall be deemed waived by either party unless waived in writing. ~. ~.L _en 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 Assignm<;;!tl It is expressly agreed that the Landowner shall not assig'n this Agreement in whole or in part without prior written consent of the City. 24. S:l1ccessors This Agreement shall be binding upon, inure to the benefit of and be enforceable by the patties hereto and their respective heirs, successors and assigns. 25. Covenant~U9 Run with the Land The parties intend that the terms of this I\greement shall be covenants running with the land and shall not expire at their deaths or upon transfer of ownership of the property. I MANLEY ROAD ANNEXATION. ff^-04016 8 I ,.... a: Ul 10 The undersigned Landowners affirms that they have authority to enrer into this ;\greemcnt on en.....;:. S-- "- 10 behalf of their partnership, and to bind the partnership to this Agreement. .. og .... 01 ~ NOire ...... N'''''' "-- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the _a _a - -CD -- day and year first above written. ~- ~ ~ - =0 -Ill -;;: =1- CORPO~ :.~~<.i__ =lE ~o =0 - -<= ~;~;:. - " -.... -... -.. -- !!!!!!!!!!!!!!! - ,~q/ =.. Edward C. Adamson -t'> -, -. Bozeman Building Traditions _0 =<= -.. -> STATE ()l! MONTANA ) ~>- -. ss. =- -- -. County of Callatin ) !!!!!!!!!!!!!!! 1::. _II> On this _.2 3JV.J day of 1~ "_._.__.., 2005, before me, the undersigned, a Notary Public for the State of Montana, p rsonally appeared Edward C. Adanlson, known to me to be the president of Bozeman Buikli11g Traditions, the corporation that executed the within instrument, and acknowledged to me that he executed the same for and on behalf of said corporation, IN WITNESS WHlml,:OF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. /~~~) .:.:.G1~.;~D ;, IJAJfUJt4 :r a . Wi NalllC J .lcrc)- " , Notary Public or the State of Montana .. \~,. ""c." Residing at -, .' ,~ . ., ~:..l : . r. I 1 My Commission Expires:d5'..2/)....;<[JtJ7 .-" : . : ....'-~ \ ..~ . ,..- :~ (Use 4 digits for expiratioll year) ';':';~";', [,,',' ""i'llllo\\'\ IMANLEY ROAD ANNEXATION, #A-04016 9 I CITY OF BOZEMAN a: ...... to to m" ., ,- - Qo: ~Glg .... - ~ Niire ATTEST: m- N_N IL - ~~ iiiiiiiiiiiii g -' -CD === :: iiiiiiiiiiiii Clerk of the Ci_ty Cun'llnission iiiiiiiiiiiii - =0 -Ill STATE OF'!vIC)Nri\NA ) _i: =1- -lE ss. iiiiiiiiiiiii 0 =0 (:( )unty of Callatin ) - _c -- -~ -- On this 19th clay of _._ December K 'iOOS} before me, a Notary Public for iiiiiiiiiiii ::: ==== - -<'> UU" re . -' the state of Montana, personally appeared (~ffFi~~+~,'fl~'trffikiand Robin Sullivan, known to me to tlle -- _0 persons described in and who executed the foregoing instrument~~7CrrY Manager and Clerk of the =c -- -> City Commjssion respectively, of the City of Bozeman, whose names are subscribed to the within iiiiiiiiiiiii >- -- =- instrument and acknowledged to me that they executed the same for and on behalf of said City, -- -. ~.r. _Ill IN WITNESS WH ER[~Or, I have hneunto set my hand and affixed my Notarial Seal the day and year fIrst above written. \ '. " ~"',." \/,., ~-C L.Ci/\-L- (5Y ~ . ~t (r~--L- (Seal) H.t I 1: nt (-;{k: Vl / v1~fPrinted Name Here) Notat.y Public for the, 'tate of Montana Residing at ACl..fVV\..t!(.v'L Me" I " ? I .. J ... " y j)mmlSSlon ',xplres:,) 7."-} "2 rx I I I . ({ J sc 4 digits for expiration year) I MANLEY ROAD ANNEXATION, #A-040 16 101 EXHIBIT A WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS a: MA1\~LEY ROAD ANNEXATION ...... UJ UJ en"- .. -- Si'O: ~-~ The undersigned owners of the real property situated in the County of Callatin, State of or-I - ~ N.re ..~ N-'" 0. - Montana, and more particularly described as follows: _1Sl _1Sl -' -01 -- That part of the SWl/4 of Section 31, TIS, R6E, PMM, Gallatin County, !!!!!!!!! - - Montana, described as follows: commencing at the W1/4 corner of said --- - Section 31; thence southerly 1770 45' 52", assumed azimuth from north, =0 -UJ -... 299.9 feet along the west line of the SW% of said Section 31, to the point -=:E =...... -lE of he ginning ofthe property to he described; thence easterly 0870 46' 48" ___ 0 =0 azimuth 399.82 feet; thence southerly 1770 47' 35" azimuth 200.00 feet; - _c -- thence westerly 2670 46' 48" azimuth 399.71 feet; thence northerly 3570 45' -- -- -- 52" azimuth 200.00 along said west line to the point of beginning. !!!!!!!!! - =- -0 -' -. _0 IN CONSIDERATION of receiving approval for annexation of the subject properry from the City =c -- -> --- >- -. =- ofBo:zeman, along with accompanying rights and privileges and for other and valuable consideration, the ---. !!!!!!!!!!!!!!! .c _UJ receipr of which is hereby acknowledged, and in recognition of the impact to Manley Road, 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 including but not limited to tbe following improvements: paving, curb, gutter, sidewalk, and storm drainage unprovcments, or to make any written protest against the si:ze or area or creation of the district be assessed in response to a duly passed resolution of intention to create one or more specialu11provement districts which would include the above-described property. In the event the Special Improvement Districts arc not utilized, we agree to participate in an alternate financing method for completion of said improvements on a fair share, proportionate basis as determined by slluare footage of the property, linear front footage of the property, taxable valuation of the property, or a combination thereof. This waiver shall be a covenant running with the land and shall not expire with the dissolution of the limited partnership, provided however this waiver shall apply to the lands herein described. IMANLI:V ROAD ANNEXATION, #A-04016 III a: The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the ......:g c. m~.:-: , , I' fl' I Q'O: successorS-lll-lnterest anc asslgns 0 tIe partLeSlereto. 'It" N g .-41 - ~ N.re ..- N "N ~...; 0..- -:7 ;:~~,) ,." /,' J I _ ~ DATED thi0 S ~yof /11 /,1I\~f._ll._.., 2005. - ~ ~ - ~ - =u -U1 _E =1- -E ~o =u - _c CORPORATION ~ j,>'.':..',.-:."'.:,,.".....r/". ......'. _ ~ if /" _0 ;',r' ~ _0 . . .'.'. " =c ,"'~__--.i !!!!!!!!!!!!!!! ~ c~Kc- ward C. Adamson ~ Bozeman Building Traditions j - UI STATE OF MONTANA ) - ss. County of Gallatin ) On this;(.JA,.# day of ~~A~__._,,___,., 2005, before me, the undersig.ned, a Notary Public for the State of Mont, a, personally appeared Edward C. Adamson. known to me to be the president of Bozernan Huildj1J.g... Traditions, the corporation that executed the within instrument, and acknowledged to me that he executed the same for and on behalf of said cO'lJoration. IN WITNESS WH ERI':OF, I have hereunto set my hand and affixed my Notarial Seal the day and year fIrst above written. , (S""l) &M~~ ....,:.':.~ Notal" Public 'or the State of 1\10nrana .. .;<". f' ,J ....~>,' I. <,.. . Residing at r .... ~ L . -I--~ ;. _. ~. _ My Commission ExpiresAS:-~.o-,,2IJt) / ,~-:. \ S [ /~ I ..: -'" (Use 4 digits for expiration year) - /' '.\4 ....... . '; ....it .,., "~""'jIJ'''" ''''t~'','.~'' ~ ~ ; '1 'If/'J I MANLEY ROM) ANNFXATION,IIA-04016 121 - ~ EXHIBIT B ...... a: UJ UJ cn~ "" WAIVER OF IU.G.flT TO PROTEST -- Qo~ .cREATION OF S~,~CIAL PARKS MAINTENANCE DISTRICTS 'It<'l g MANLEY ROAD ANNEXATION ~-~ Niire m- N "N a..- _0 _0 The undersigned owners of the real property situated in the County of C;allatin, State of Montana, - -m -- ~- = and more particularly described as follows: iiiiiiiiii - =0 -Ill That part of the SW% of Section 31, TIS, R6E, PMM, Gallatin County, _E =1- Montana, described as follows: commencing at the W% corner of said =lE iiiiiiiiii 0 Section 31; thence southerly 177045' 52", assumed azimuth from north, =0 - -I: 299.9 feet along the west line of the SW% of said Section 31, to the point -- iiiiiiiiii .. -- of beginning ofthe property to be described; thence easterly 0870 46' 48" ~- =.. -CJ azimuth 399.82 feet; thence southerly 1770 47' 35" azimuth 200.00 feet; -. -. _0 thence westerly 2670 46' 48" azimuth 399.71 feet; thence northerly 357045' =1: -" -> 52" azimuth 200.00 along said west line to the point of beginning. iiiiiiiiii ,. -. =- iiiiiiiiii .. IN CONS IDEM TION of receiving approval for annexation of the subject property from the City ~.s::. _Ill of Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the impacts on the City's park facilities and the need for the maintenance of municipal park areas to serve City residents, the owners have waived and do hereby waive for themselves, their successors and assigns, the right to protest the creation of one or more special parks maintenance or improvement districts for a City-wide Parks Maintenance District, or to make any written protest against the si7.e 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 City-wide Parks Maintenance or Special Improvement Districts arc not utilized for the City-wide park maintenance, we agree to participate in an alternate financing method for completion of said improvements on a fair share, proportionate basis as determined by square footage of the property, linear front footage of the property, taxable valuation of the property, or a combination thereof. '1 'his waiver shall be a covenant running with the land and shall not expire with the dissolution of the limited partnership, provided however this waiver shall apply to the lands herein described. IMANLEY ROM) ANNEXATION. #A-04016 131 il' The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the or r- '" '" m....-- ~- successors-in-intercst and assigns of the parties hereto, &-0: DA'I'ED this ~ ~ ofi\l\/\\::\ C)-\ q-....g ,2005, ..... ~ ~ N .re m- N_N Q.~ -"" -"" -- -CD -- -- - ~ CQRPORATION ,......;) ~ - --~~<:".::;.--;.'-"" =0 -II> -... ==lE ,.., ,~, =1- 0-....,/,.;:::', ~lE .,' :Ol'<~. \ iiiiiiiiii 0 d~~~~()n =u - -I: -- Bozeman Building Traditions iiiiiiiiii ..- === :: ST^ Tl ': CW MONTANA ) =- -<lI -' ss. -. _0 County of (~allatin ) =1: -- -:> iiiiiiiiiiiiii >- On this ;13~ day of -. -- , 2005, beforc mc, thc undersigned, a iiiiiiiiiiiiii .. ~s:. Notary Public for the State of Montan: ,personally appeared I '~dward C. Adamsot1. known to me to -II> be the presiQ_ent of Bozeman Buildi.!]g Traditions, the corporation that executed the within instrument, and acknowledgcd to me that he executed the same for and on behalf of said coq}oration. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and yeaI' first above written. ~~ :::> , ~"~~&\11}', ~ame Here) ,;"..' .'~ :' ...,.6::".,....t .'''iII. <~~ \~ Notary Public 6)t the State of Montana .::' "" ." .. - , : , ~,. 'f" J~ ..... ~.i"- .~,..... ,.<..tI " ,~~r" l~ . :~' ."w'l '~ Residing at ;lb {t''" I Y:; l My Cornnl1~si Expires: ~- 5.;7 () ~;Z /)0 '7 ~f') ~ S 1:::. i , " =- :......... .. ,. \ L,_ .'..... ." (Use 4 chf,'lts tOt fxplral10n year) ~:::~~~ji.....-. ."'~~...,~ ,"- -II ,,,...,. .r; ~~ ,,~~' I MANLEY ROAD ANNFXATION, IIA-040 16 141