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Home My WebLink About05- Creekwood Annexation Agreement , . ""\ / ~~. / ~~'c"'~~- 11. ' 'f\J" ,...,~ CREEKWOOD ANNI~XA TION AGREEM~~NT co GI . ,,,..-/ U> co GI ~ ' ' m<'>G1 .... U> mog Q~~ THIS AGREEMENT is made and entered into this 6th day of .September ,200~, N.~ ..- N ..~ 11.~ _0 by and between the CITY OF HOZEMAN, a municipal corporation and political subdivision of the _0 - -G1 -<'> !!!!!!!!!!!!!!! '" - State of Montana, with officcs at41] East Main Street. Bozeman, Montana 5977]-1230, hereinafter iiiiiiiiii iiiiiiiiii - =u -U> referred to as "City", and Snowload LLC, p"O. Box 10941, Rozeman, Montana 59715 hereinafter _E iiiiiiiiii I- iiiiiiii lI': =0 referred to as "Landowner". =u - _I: -- =- -. WITNl':SSETH: -- -- =.. -0 -, _e _0 WHEREAS, the Landowner is owner in fee of a tract of certain real property, hereinafter =1: -.. -> iiiiiiiiii ,. -. referred to as the "CREEK WOOD ANNEXATION", situated in Gallatin County, Montana, and more =- iiiiiiii .. !!!!!!!!!!!!!!! .c _U> particularly described as follows: DESCRIPTION ^ tract of land being the second tract described in Document No. 2012272, Records of Gallatin County, situated in the E I 12SE I 14 Scction 32, TI S, R6E, P.M.M., Gallatin County, Montana, and bcing further described as follows: Reginn ing at the 114 corner common to Sections 32 and 33 in said Township and Range; thencc along the section I ine between said Sections SO 1059'43 "E a distance 01'707.93 leet to a point on the northerly right-of-way line of Montana Highway 86; thence along said right-of-way line S4903 7'40"W a distance of42.31 teet, S40006'1 O"W a distance of 133.07 feet, S49037'40"W a distance 01'805.33 feet, along a curve to the right having radial bearing ofN40023'55"W and a radius of 1 086.00 feet a distance of 432.62 feet, S 1 r21 '34"E a distance of 20.03 feet. and along a non-tangent curve to the right having radial bearing ofN 1 r08'23"W and a radius of 1 066,00 feet a distance of 190.92 feet to a point on the Ell 16 line of said Section 32, said point also being on the east line of Lot 1 of Ed V ogel Subdivision No.1; thence along said 1/16 line and the cast line of said Lot I NO 1 043'31 "w a distance of1630.06 feetto the C-E II 16 corner of said Section 32; thence along the E-W mid-section line of said Section 32 S89049'43"E a distance of 1312.37 leet to the Point of Beginning. Said tract being 37.743 acres, WHEREAS, the Landowner has petitioned the City Jor annexation ofthe non-contiguous tract; and WIIEREAS, the CREEKWOOD ANNEXATION is not within the corporate limits orthe City or other municipality but is the subject ora petition to annex to the City and may therefore be annexed I CREEK WOOD ^NNrX^TION ACiREEMENT I I to the City in accordance with the provisions of this Agreement and M.C.A. Titlc 7, Chapter 2, Part 46. 0.. CO ... UJ CO....;: WHEREAS, all parties recognizc that the annexation of the CREEKWOOD ANNEXATION en"'o -UJ en og 6)N~ pursuant to Section 7-2-4601, et seq., M.C.A., will entitle the said property to City services, including N.~ D_ N ..~ 0..- -'" municipal water and sewer service, upon their availability; and -'" -' -0 -'" ~N ~ WHEREAS, M.C.A. Section 7-2-4610 provides that a municipality and landowner can agree to iiiiiiiiiiiiii - =u -Ill _iE the provision of services to the arca to he annexed; and iiiiiiiiiiiiii I- iiiiiiiiiiiii lE =0 WHEREAS, the City's prescnt water supply is insufficient to enablc it to supply reasonahly =u - -I: -- -~ ~.. adequate water service to additional customers outside the present city houndaries; and -~ -~ =.. -('> -' -. _0 WHEREAS, the Landowner wishes to convey to the City certain water rights or take some =1: -.. -> iiiiiiiiiiiii >- -. =~ cquivalent action to provide water and sewcr service to the CREEKWOOD ANNEXATION; and ---< -. ~L _'" WHEREAS, all parties recognize that the development of the CREEKWOOD ANNEXATION will impact Bridger Drive, and will rcquire additional public street improvemcnts for traffic circulation; and WHEREAS, the Landowner finds that this Agreemcnt will provide for the most satisfactory and dependable water supply or service available to furnish water and provide traffic circulation for development near and within the CREEKWOOD ANNEXATION; and WHEREAS, the making and pcrformance of this Agreement is desirable to promote the developmcnt of the most adequatc water supply and traffic circulation pattern for the City as it now cxists and as it is reasonably expected to enlarge; and WHEREAS, the securing 0 fan adequate waters upply and traffic system h y t he City is necessary and of mutual advantage to the parties hereto; and I CREr:KW()()1) N\:'\I-:XATION AGREEME'\I 2 I , WIIEREAS, thc parties have dctcrmined that it is in the bcst intcrests of the City and the CO IL 0 UJ I ,and owner, and in furtherance ofthe public health, safcty and welfare ofthe community to cntcr into COo';': en"'o -UJ en og and implement this Agreement. S"'!.':! N.~ m_ N"~ IN CONSIDERATION oCthe mutual covenants and agreements hcrein contained, the parties IL - _0 _0 - -0 ='" hcreto agree as f()llows: ="" - - ~ - =u t. Recitals -UJ -... ===lE: ~l- ~lE: The above recitals are true and correct. =0 =u -c: ~.- =""' 2. Annexation -" -~ -- =" -0 -' The Landowncr's predecessors in intercst filed a petition fix annexation orthe CRFEKWOOD -. _0 =c: -" -> ~,. ANNEXA TION with the City on June 29, 2004 signed by all owners orthe property, The Landowner -. =~ ~~ ~~ _Cl) intends to complete annexation of the CREEKWOOD ANNEXATION. Hy execution of this Agrccment, the City has manifested its intention to annex thc CREEKWOOD ANNEXAT'ION tract pursuant to the terms and conditions ofthis Agreement. Subject to the provisions of Title 7, Chapter 2, Part 46, the City shall, upon execution ofthis Agreement, adopt a Rcsolution of Annexation ofthc CREEKWOOD ANNEXATION to thc City. Further, upon the execution of this Agreement, the Landowncr 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 cffectuate the annexation of the CR_EEK WOOD ANNEXA TION tract to the City. 3. Services Provided The City will, upon annexation, make available only cxisting City scrvices to the extent currently available, including municipal watcr service. municipal sewer service, police protection, and tirc protection, to the CREEKWOOD ANNEXATION, as provided in this Agreement. 4. Municipal Water Service Defined I CREEKWOOD ANNEXATION AGREEMENT 3 I The term "municipal water scrvice" as is used in this Agreement shall be thc service which is CO Q. G on COG;': suppl ied by the City in accordancc with Chapter 13.12, Bozeman Municipal Code, or as may be en(O)G -on en o~ amended, as well as any other tcrms and conditions which apply to the City's provision of this service. S~~ N --ID .~ ..... N"- n.- The tcrm does not contemplate the cxtension of lincs or construction of necessary improvemcnts at _G _0 - -0 -(0) !!!!!!!!!!!!!!! '" any cost to thc City [or delivery o[water to and within the CREEKWOOD ANNEXATION. Nothing - iiiiiiii - =u in this Agrcement shall obligate the City to pay for right-of-way acquisition, engineering, construction, -'" _i:' iiiiiiii t- iiiiiiii E and other costs for the delivery of water to or within thc CREEKWOOD ANNEXATION to incl ude, =0 =u - _c --.. ='" but not limited to, any impact fees, hook-up, connection, or development charges which may be -'I -- -- =" -(,'> -. -. established by thc City. The applicant is further on notice that prior to development thc applicant will _0 =c _Of -> iiiiiiii ,., -. he responsible for installing any facilities requircd to provide full municipal serviccs to the property in =- iiiiiiii .. !!!!!!!!!!!!!!! -c -'" accordance with thc City of 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 City in accordance with Chapter 13.24, Bozeman Municipal Codc, or as may be amendcd, as well as any othcr terms and conditions which apply to the City's provision of this service. The term does not contemplate the cxtension of lines or construction of necessary improvements at any cost to the City [or collection of sewage at and within the CREEKWOOD ANNEXATION. Nothing in this Agreemcnt shall obligate the City to pay for right-of-way acquisition, engineering, construction, and other costs for the collection o[ sewage scrvices to or within the CREEKWOOD ANNEXA TION to include, but not limited to, any impact fees, hookup, conncction, or development charges which m ay be established by the City. The appl icant is further on notice that prior to development the applicant will be rcsponsible for installing any facilities requircd to provide full I CREEK WOOD ANNI-:XATION AGRLEM!-:?\T 4 I co "- municipal services to the property in accordance with the City of Bozeman's infrastructure master e II) COG'>: m<'>G _II) plans and all city policies that may be in effect at the time of dcvelopment. mo~ QII)~ N.~ m- 6. Water Ril!hts N ,,- "-- _G _G - -G The parties acknowledge the following City policy: =<'> ~.... ~ ~ Prior to annexation of property, it shall be the policy of the City of Bozeman to acquire - =0 -II> usable water riKhts, or an appropriate f(x in lieu thereof; equal to the anticipated -.... ===:E: ~1- averaKe annual consumption of water by residents and/or users of the property when iiiiiiiiiiiiiii :E: =0 fitlly developed. The fee may be used to acquire water rights or for improvements to =0 - _c the water .system which would create additional water supply capacity. Except, -- =~ -" -- however, that for any annexation in excess of ten (10) acres, this policy shall be -- =.. -.., carried out prior to final plat approval of each development phase, -' -. _0 =c -" -> iiiiiiiiiiiii ~ Section 2, No.5, Commission Resolution 3137, Adopted August f 9, 1996 -e =- iiiiiiiiiiiii ~ !!!!!!!!!!!!!!! J:. The CREEKWOOD ANNEXATION consists of approximately 37.8 acres. -II> The Landowncr understands and agrees that they must provide sufficicnt water rights in accordance with thc City's policy according to the following schedule: CREEK WOOD ANNEXATION, consisting ofa total (~f'37"8 acres, shall provide water rights or cash-in-lieu at the time the Final Plat or Final Site Plan is submitted" The Landowncr shall provide sufficient cash-in-lieu as calculated by the City in accordance with its policy at the time of calculation. Thc Landowner further understands that the City will calculate thc avcrage annual diversion requirement necessary to provide water to this annexation tract on thc basis of the zoning dcsignation and/or City-approved developmcnt for the property at the time such calculation is made. 7. Comprehensive Water and Sewer Dcsil!n Report Prior to future development of the property, the Landowner shall have prepared by a Professional Engineer, at Landowner's expense, a comprehensive design report evaluating existing capacity of sewer and water utilities. The report must include hydraulic evaluations of each utility for both existing and post-development demands, and the report findings must demonstrate adequate I CIU-]-X WOOD ANNEXATION AGREEMENT 5 I capacity to serve the full dcvclopment of the land. If adequate watcr and/or sewer capacity is not CO 0. available for full development, the rcport must idcntify necessary water systcm and scwer system a I/> COa';: en<<>>a improvements required for full development. The Landowner agrecs to complete at Landowner's -I/> en o~ Q<Q~ N--CII expense, the nccessary systcm improvements to serve the full development prior to development of the .~ ..-- N ,,- 0.- _'" _a ~ G property. =<<>> ~N - iiiiiiiiiiiiiii 8. Future Development - =0 -Ul _i: I,andowner undcrstands and agrees that adequate municipal services and facilities are not ~1- ~lt: =0 =0 currently available to much of thc area proposed for annexation, and that therc is no right, either - ~= =- -" -.... _.... granted or implied by thc City, for thc Landowner to develop any of the CREEKWOOD =" -C) -. -. _0 =<= -" ANNEXA TION until it is verified by the City that necessary municipal services and facilities, -> ~,.. -. =.... ~. including but not limitcd to police and firc protection and road improvements, are available to all or a !!!!!!!!!!!!!!! J:. _Ul portion of the CREEKWOOD ANNEXATION. 9" Impact Fees Thc Landowners hcrcby acknowledge that annexation and development of their property will impact thc City's existing street, water and scwer infrastructurc, and fire service requirements. Tbere are existing structures on thc property for which street and fire impact fees shall bc paid at tbe time of execution of this agrecmcnt. At the timc ncw structures apply to the City's Watcr and Sewer facilities, lbe Landowners shall pay all Watcr and Sewer Impact Fees which are due. Tbe 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 thc timc of application for any permit listcd in Section 3,24.0S0A, 3.24JI60A, 3.24.070A, or 3,24.080A, respectively. If the impact fees currcntly imposed pursuant to Chaptcr 3.24 of the Bozeman Municipal Code are subsequently voided or declared invalid by a court of competent jurisdiction, Landowners agrce to pay tbe City fecs or assessments established by the City fori mpact 0 n City services in accordance with a new or revised Chapter of the Bozeman I CREEKWOO[) ANNEXArlON AGREEMINI 6 I Municipal Code lawfully enactcd as a result of such court decision after the date of thc court decision. CO 0. 1[, prior to enactment of such revised Chapter, the I ..andowner applies for any permit which actuates or ... 10 CO....;: would have actuated impact fees pursuant to the current Chapter 3.24 of the Bozeman Municipal m<')o -10 mo~ Qt--~ Code, the Landowner further agrees to pay at that time, the amount calculated for all such fees based N..... .- Ia- N ..- 0.- ~ ~ upon the rates establishcd at the date of this agreement. -0 -<') -", iiiiiiiiiiiiiii If the Court above declares Chapter 3.24 of the Bozeman Municipal Codc invalid, and if - =0 -10 _E landowner would have heen entitled to a refund under the court's decision but were it not [or the sole iiiiiiiiiiiiiii I- iiiiiiiiiiiiiii :E: =0 [act of the landowner paying impact fees hecause of this agreement, then all such impact fees paid =0 - !!!!!!!!!!!!!!! .5 =~ -.. -..... prior to the court's decision shall he held in escrow until a revised Chapter of the Code is enacted after _..... =.. -e> -. -. _0 =<: the Court's decision. -.. -> iiiiiiiiiiiiiii "'" -. =..... At the timc the revised code is cnacted, then all such fees held in escrow shall bc released to -.. _.L. _10 the city and the balance, if any, returned to the landowner. All accumulated interest on the sum held in escrow shall be relcascd to the City or landowner on the same percentage as the money released to either party bcars to the total sum held in escrow. Landowncrs further understand and agree that any improvemcnts, either on- or off-site, ncccssary to provide connection of CREEKWOOD ANNEXA TION to municipal scrviccs which are wholly attributable to the property are "projcct rclatcd improvements" as dcfined in Chapter 3.24, Bozeman Municipal Code, or as amcndcd, and as such, are not eligiblc for impact fee creclits. If Landowners default on this condition at the time such is to bc performed, and should dcfault not be remedied or corrccted within thirty (30) days aftcr written notice by City to l,andowners of such default, City may at their option: A) Declarc thc amounts owing for impact fecs immediately due and payablc 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 judgmcnt. In I CREEKWOOD /\:'\:'-JLXAIION ACiREEMENT 7 I . addition, the City may, at its option, enforce payment of such amount by n. CO G 10 COo';': lcvying an assessment on the prcmises. m<'lG _10 mag Rlcct any other remedy available to City under thc laws of the State of QID~ B) N.~ 01- N"- n.- Montana. g -' _0 <'l N C) Any waivcr by City of any default shall not be construed as a waiver of any - u subscquent default. _Ill E ~ - D) It is agreed that it shall bc no defense to the enforcement of this provision a u -<: -- ... -~ by the City that impact fccs imposed pursuant to Chapter 3.24 of the Bozeman ~ _CI ~ Municipal Code are subsequently voided or declared invalid by a court of g -.. > -~ competent jurisdiction. It is the exprcss intention of the parties not to bc bound -~ -. L _Ill by such a declaration or judgment and, thereforc, notwithstanding any judgment either limiting impact fee payments under annexation agreements to specificd amounts, or prohibiting any such payment, landowner will pay such amount as specified above. 11. Stormwater Master Plan Landowner understands and agrees that a Stormwatcr Master Plan for the CREEKWOOD ANNEXATION for a systcm designed to remove solids, oils, grease, and other pollutants from the runoff from the public streets must bc provided to and approved by the City Engineer at the time of any future development. The master plan must depict the maximum sizcd retention/detention basin location and locate and provide easements for adcquate 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 dctention/retention basin and discharge structure details, basin sizing calculations, and stonnwatcr maintenance plan. The plan must also located and provide easemcnt for adequate drainage ways within the annexation area to transport trcated runoff to any stonnwater I CREEKWOOD ANNEXATION AGREEMENT R I 0.. receiving channcl. The stormwater master plan shall conform to any City of Bozeman best practices CO ." w CO.,,';': [or stormwatcr treatment. mC')'" _w mog Sm~ 12. Floodplain N ii~ ..- N ,,- 0..- ~g Landowner understands and agrees that prior to any development of the subject annexation, the -- -." -C') -N ~ following Flood Plain provisions must he met when applicable: --- - =0 -UJ -0-< -=:lE a) A Flood Plain Development Permit must be obtain cd [rom the City Engincer prior to FSP ___ I- iiiiiiiiiii lE approval. =0 =0 - ~.~ b) The 100 year flood plain boundary and flood elcvations must bc depictcd on the FSP. =~ -" -~ -~ c) Culvert sizing design calculations shall be provided for the strcam crossing. =" -CI -' -. d) All buildings must bc flood-proofed to at least 2' above thc 100 ycar flood elevation. _0 =c -" -> Elevation Certificates must be provided for each building following completion of --- ,., -. construction. =~ iiiiiiiiiiii .. ~~ _UJ 13. Traffic Analvsis Report Landowner may be required to provide a detailed Traffic Analysis Report(s) at the time of [uturc development of any portion of thc anncxed propcrty. 14. Faiver of Right~to~Protest Special Improvement Districts Landowner has exccuted Waivers of Right-to-Protcst Creation of Special Improvement Districts for street improvements, including paving, curh/gutter, sidewalk, and storm drairwge appurtenances to Bridger Drive, and signalization of the intersections a/Story Mill Rd and Bridger Drive and Griffin Drive and Bridger Drive; and have further executcd a Waiver ofRight-to-J>rotest Creation q{'.)'pecial Parks Maintenance Districts. Said Waivers are attached hereto as Exhibits A, B and C. In thc event an SID is not utilized for the completion of thcse improvements, the dcveloper agrees to participate in an altcrnativc financing method for the completion of said improvements on a fair share, proportionatc basis as dctermincd by square footage of propcrty, taxable valuation of the property, traffic contribution form thc dcvelopment, or a combination thercof. I CRI::I::KWOOI) ANNEXATION N;REEMENf ') I co 0. '" II> 15. Ril!ht-of.Wav/Easement for J:i'uture Roadways CO:ii: .;,: 01'0: m",g Landowncr has dedicated, by Public Strcct and Utility Easement, the following land to the City Q-~ N--m -- la- N-- of Bozeman [or right-of-way purposes, which represcnt Landowner's proportionate share of the 0. - _'" _'" -- -", -.., necessary right-of-way. Said Public Strcct Eascment will be filed with the Gallatin County Clerk and !!!!!!!!!!!!!!! N iiOiiiiiiiiiiii iiOiiiiiiiiiiii - =0 Recorder at the timc this Annexation Agrccment is filed. Any future subdivision or thc property shall -II> -... ==='"' iiiiiiiiiiiii I- iiOiiiiiiiiiiii E include dedication of the required area to the City. =0 =0 - _l: -- l1w applicant shall grant the required additional puhlic street and utility easellzcnts to =~ a) -- -~ -~ =- -co -' the City of Bozeman for an additional 2() feet width of riKht ql' way at the Southwest -- _0 =l: -- -> ~,.. corner (~fthe subject annexation on the North halfofBridKcr Drive. -- =~ iiOiiiiiiiiiiii .. !!!!!!!!!!!! ~ -'" 16. Parks and Trails Landowner undcrstands and agrccs to provide rights-of-way by easement or other mechanism acccptable to the City for pedcstrian/bicycle trail(s) at the timc of subdivision or other dcvelopment of the property. The locations shall be consistent with those shown in the City's adopted transportation plan and/or growth policy unless other locations are approved by the City. Landowner understands and agrees that any contiguous parks, open space, and/or trails shall be cxtended to the annexed property and t hat location, facility type, and othcr park dcvelopmcnt issues will bc coordinated between Landowner and reasonably anticipated development ton adjacent propcrty to the west. Whilc coordination is needed, final approval will remain with the City, and Landowner will he responsiblc for the developmcnt o[ thc portion of park on their property to the standards required by ordinance or development approval on their property. 17. lJtilitv Easements Landowner understands and agrccs that utility easements, a minimum 0[30 feet in width, will be neccssary for the installation and maintenance of water and sewer utility services to the annexed parcel. The Landowner shall creatc such casements in locations agreeable to the City during the CRI':LKWOOD ANNEXATION A(;RFD1ENT 10 11. co G III CO~.;,: mo: appropriate development procedure, but in no event later than the filing of any final plat or sitc plan or m-g Q-~ issuance of a building permit on any of the parcels. N --CD .- 01- N.- 11.- _Go _Go IS. Waiver for Parks Maintenance District -- -Go -C'> ~N - Landowner has exccuted a Waiver of Right-to-Protest Creation of a Parks Maintenance iiiiiiiiiOiiiii - =0 -on _i: District. Said Waivcr is attachcd hereto as Exhibits D. iiiiiiiiiOiiiii I- ~lE =0 =0 - ~.~ 19. Additional Terms of Waivers =- -. -- -- =. -.... -' Thc partics recognize that these documents shall be filed and of record with the Gallatin -. _0 =c -. -> ! County Clerk and Recorder prior to the sale of any land within thc CREEKWOOD ANNEXATION. -- -. ~.c _on Thc parties further agree that the City may file these documents at any time. 20. Procedure for Dcvelopment Revicw I ,andowner understands and agrees that dcvelopment of the subject parcel shall be conducted through a planned unit development process. Phasing of development is acceptable, however, the planned unit developmcnt with its overall design, architectural standards, open space layout, and transportation facilities shall bc integrated across the entire property. 21. Timin2 of Agrcement Landowner understands and agrees to executc all contingencies and terms of the Annexation Agreement with thc City of Bozeman within one (1) year of approval by thc govcrning body, or annexation approval shall bc null and void unless an extension is granted by the City Commission, 22. Annexation Map Landowner understands and agrees to provide an Annexation Map, titled "Creekwood Anncxation Map" with a legal description of the property and adjoining rights-of-way and/or street access casements (i.e., Bridger Drivc), unlcss such rights-of-way arc already annexed, for use with the Annexation Agreement. The map must be supplied on a mylar for City records (18" by 24"), a rcduced 8 1/2" x 11" or 8 W' by 14" exhibit for filing with the Annexation Agreement at the County CRI<J":KWOOD ANNEXATION NiREEMENT II 0. co 0 Clerk & Recorder, and a digital copy for the City Enginecr's Office. This map must be acceptable to 10 co~.;,: 0 enD 10 en...g the Director of Public Services and City Engineer's Office, and shall be submittcd with the signed Q-~ N.~ ..- N-- Annexation Agreement. The Final Annexation Map and metes and hounds dcscription shall include 0.- _0 _0 -- _0 '" thc full width of all adjacent right(s)-of-way if not already annexed. Note that the metes and bounds -... description for each adjacent right-of-way must be descrihed separately from that of thc parcel. The =0 -w ... :E: -.... applicant is rcsponsihle for ohtaining any required affidavits or consent to annexation from the E 0 -0 c .- Montana Dcpartment of Transportation (MDT) or Gallatin County, .. -- :: - _<ll -' 23. Governing Law and Venue -- _0 c -- -:> ~ This Agreement shall be construed undcr and governed hy thc laws of the state of Montana. In :: -- _r. _w the cvent of litigation concerning this Agrcemcnt, venue is in the Eighteenth Judicial District Court, Gallatin County, State of Montana. 24" Attornev's Fees In the evcnt it hecomes necessary for either party to this Agrcement to rctain an attorney to enforcc any of the terms or conditions of this Agreement, then the prevail ing party shall bc entitled to reasonable attorney's fees and costs, to include the salary and costs of in-house counsel including City Attorney. 25. Waiver No waivcr by cither party of any breach of any term, covenant or agreement shall be decmed a waivcr of the same or any subsequent breach of this same or any other term, covenant or agreement. No covenant, term or agreemcnt shall bc deemcd waived by either party unless waived in writing. 26. invalid Provision The invalidity or unenforceability of any provision of this Agrcement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceahle provision were omitted. CREEKWOOD ANNLXATION AGREEMENT 1:2 D- co ~ mco: i 27. Modifications or Alterations ow m",:i[: NQ: ~ No modification or amendmcnt of this Agreemcnt shall be val id unless evidcnced by a writing .. -. <.- N ..~ D- ~ _ ~ signed by the parties hereto. -E> -'" ~N == 28. No Assie:nment - =0 -111 ~ It is expressly agrecd that the Landowncr shall not assign this Agreemcnt in whole or in part _I- ~E =0 ;;;;;;;;;;;;;;; ~ without prior written consent of the City. ~:: ;;;;;;;;;;;;;;; ~ .. 29. Succcssors -(') -' _e _0 ~ This Agrccment shall be binding upon, inure to the benefit of and be enforceable by the parties ~" -. -- "1 hereto and their respective heirs, successors and assigns. _111 30. Covenants to Run with the Land Thc parties intend that the tcrms of this Agreemcnt shall be covenants running with the land and shall not expire at their dcaths or upon transfcr of ownership of the property. The undersigned L1ndowners affirms that thcy have authority to enter into this Agreement on behalf of their partnership, and to bind the partnership to this Agreement. IN WITNESS WHEREOF, the parties hereto have causcd this Agreement to be cxccuted the day and year first above written. LANDOWNERS ~~~ ---- -- ~._+~---~---- -. ..-..----.-.-- ---..... 'j Shaun Shahan STATE or MONTANA ) ) ss. County of Gallatin ) 5 On this d.!l.. day of , 20(~ before me the undcrsigned, a Notary Public for the State of Montana, rsonally appeared, Shaun Shahan, known to me to be the }-lam J)--I~ of Snowload LLC, and the person whose name is subscribed to the within instrument and acknowledgcd to me that he executed the within instrument for and on behalf of Snow load I J Jc. I CREEKWOOD ANNEXATION ACiREEMENT 13 I tN WiTNESS WHEREOF, I have hereunto sct my hand and affixed my Notarial Seal the day 'aQ(~<lJ{tLrsl ,.hove written. .. ,,~.. ., ,> .--_. .': "~' '\,- ,". ~\l\'" - : ..:~). (SEAL) ~~~;~r:. .,qd..~,:.(Z~ ,- .". 'i' ~ n. ~ CO '" 10 CO~..t '" maIO .I.},ICT L), f'rliy!tJrooK, m~g Notarv PUr)!, for the Statc "t Mantan;:; Q-~ ~..... (Printed Name) Residinq ai \' '.<','.[11:: i,~Cintana N.~ My C DrTFl1I'''': ,'.:, ,:-\I"nni ?~. ?nn~ 01- N-- Residing in Bozeman, Montana n. - _'" My Commission Expires /_~2()_,_ _'" -' -'" -<') =N ItL (/~ - ~ ~ - ==== ~ :=: ;: Michael . Promisco ~1- iiiiiiiiiiiiiii :IE =0 STATE OF MONTANA ) =0 - -" ) ss. -.... =. ~- County of Gallatin ) -- =- -co 5 -' ~ -- On this 2i... day of _0 ,20<-t<before me the undersigned, a Notary Public =" -- -> ,. [or the State of Montana, pcrsonally appeared, Michael A. Promisc(), known to me to he the -. =- J.-I L./Y)// 6/ A./? of Snow)oad LLC, and the person whose name is subscribed to thc ~. ~ 5i within instrument and acknowIcdged to mc that he cxecuted the within instrument for and on behalf of Snowload LLC. , .. .' IN '0/lTNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day ~l11d ydattirsi"_above written. '" ~ ~". ~ 1 , , ~,.) " '" (SEAL) '" ,"'" r.-r .. r'~""~ -r", '~, /r:;: " ...',." [---):):'::;:/ )'i-(2 ~~,I:: .::(~ J~ l.liCilI:2.n8. (Printed Name) 1,)::!in~J ';;t [:",'::0,:1' : J~itdlla :;: j ('cHf"-"" ::. .....- '-/'"\1""': "_oc,lj?["J 25 iriQ Y , .', \,,; '-' I 11 I : i ',. ',. '.. .,', LoJ I'" ~ ,'" ..... ~ ; ~ ~ Residing in Bozeman, Montana My Commission Expires / /20 I CRLI':KWOOD ANNEXATION A(lRr:EMENT 14 I . CITY OF BOZEMAN C~4,~ By: Chris A. Kukulski, City Manager ATTEST: 11. ~'~~ CO lSl '" co~';': lSl Robin L. Sullivan, OlD'" m",~ Clerk of the City Commission Q-~ N ii~ g- N"- STATE OF MONTANA ) 11.- _lSl _lSl :ss - -lSl COUNTY OF GALLATIN) =<'> -N - - Sf /'orU0f.ev;20 (i S-- , heforc me, a Notary Public for the State of - . f-1-- - On the ~J day of =u -'" Montana, personally appeared CHRIS A. KUKULSKl AND ROHlN L. SULLIV AN, known to me to _5: ___ t- be the City Manager and Clerk of the City Commission respectively, of thc City of Bozeman, whose :IE _8 names are subscribed to the within instrument and acknowledged to me that they executed the same -c ~- for and on behalf of said City. =~ -" -- -- =" -.... -' IN WITNESS WHEREOF, J have hereunto sct my band and affixed my seal on the day and -. _0 =~ year first written above. -> -> -. =- -- -. !!!!!!!!!!!!!!! .c -'" (Seal) I CRLEKWOO[) ANNEXATION AGREEMENT IS I . EXHIBIT A WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT nlSTRICTS CREEKWOOD ANNEXATION The undersigned owners of the real property situated in the County of Gallatin, State of Il- CO '" 10 Montana, and more particularly described as follows: co~':': '" molO m..,~ A tract of land being the second tract described in I )ocument No. 2012272, Records of Gallatin e-~ N.~ County, situated in the EI/2SEI/4 Section 32, TI S, R6E, P.M.M" Gallatin County, Montana, m- N .- and being further described as fi:)lIows: Il- - _'" _'" -. -'" Beginning at the I /4 corner common to Sections 32 and 33 in said Township and Range; thence -C'> N along the section line between said Sections SOl o59'43"E a distance of707.93 feet to a point on the northerly right-of-way line of Montana lIighway 86; thence along said right-of-way line -0 .., S49037'40"W a distance of 42.31 feet, S40006'1 O"W a distance of 133.07 feet, S49037'40"W a -.... ==::0:: distance of805.33 feet, along a curve to the right having radial bearing ofN40023'55"W and a l- E radius ofl 086.00 feet a distance of 432,62 feet, S 1 J021'34"E a distance or 20.03 feet, and -0 0 c along a non-tangent curve to the right having radial bearing ofNI 7008'23"W and a radius or - -~ 1066.00 feet a distance of 190.92 feet to a point on the E I /16 line of said Section 32, said point -. -- - also being on the east line or Lot I of Ed Vogel Subdivision No, 1; thence along said 1/16 line . -C) _I and the cast line of said Lot I NO 1043'31 "W a distance of 1630.06 teetto the C-E 1/16 corner of -. _0 said Section 32; thence along the E-W mid-section line of said Section 32 S89049'43"E a -!: -. >- :; distance of 1312,37 feet to the Point of Beginning, -- -- -. --<: Said tract being 37.743 acres. ===.., IN CONSIDERA nON of recei ving approval for ffi1l1exation of the subject property from the City of Bozeman, along with accompanying rights and privileges and fix other and valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the impact to Bridger Drive, 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 t(J[ paving, curb, gutter, sidewalk, and drainage improvements to Bridger Drive; or to 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-descrihed property. I CREEKW()()l) ANNEXATION AGREEMENT 17 I n. co ... III cog .# . ... Tn the event an SID is not utilized for the completion of these improvements, the developer OlOIll Olr-g S-~ agrees to participate in an alternative financing method for thc completion of said improvements on a Nii~ m- N ..- n. - -... -... fair share, propol1ionate basis as determined by square footage of property, taxable valuation of the -- -... =<'> _N iOiiiiiiiiiiiii property, tralTic contribution fom1 thc development, or a combination thercof. iiiiiiiiiiiiiii - =0 -1Il _iE This waiver shall be a covenant running with the land and shall not expire with the dissolution of iiiiiiiiiiiiiii t- iiiiiiiiiiiiiii :E: =0 =0 the limited partnership, providcd however this waiver shall apply to the lands herein described. - _c -- =..- -.. -- -- The terms, covenants and provisions of the Waiver shall extend to, and be binding upon thc =.. -CI -' _e _0 =c successors-in-interest and assigns of the parties hereto, -.. -' iiiiiiiiiiiiiii >- -. =- DATED this 15~ ~. )U\j -- day of ,2005. -. ~s;;, _1Il LANDOWNERS ~- C EC~Z -.'-, , """,f ---r."" Shaun si1anill'r'-'- _..J ''----.. . -----> STATE OF MONTANA ) ) ss. County of Gallatin ) On this \5 day of .) U\~ ,2005, before me the undersigned, a Notary Public for the State of Montana, per nally appeared, Shaun Shahan, known to me to be the ~r _ .d__ of Snowload I J ,C, and the person whose name is subscribed to the , ' ~ _._n....___.. _...____ within instrument and acknowledged to me that he executed the within instrument feJr and on behalf of Snowload I J ,C. TN WTTNESS WHEREOF, T have hereunto set my hand and atlixed my Notarial Seal the day and year first above written. \\\\\\,.,"\ i 1;: U I.'fl/; (SEAL) """", '.'. r: n '<;-. ~" <{-.\\'..-. ~ ,'- -':". ~:::0." '.'0 '.:-. fl ...~ . . -,... :-'l. . ~ (..~~:y r_f_. ::-: f..." \\0 lr.~-...: .. ',- -;, ;; ~<:. ~' I j.... . rn ::: ~ ~~C" CE"'~-l' "= f:~ ;;. (I . ~j', J ......:...1 " ';,. -:;.' ~~~~~:~,': . t t . .,~~.~.f C~,n~ J>. Koen(n <", '/>,. .., \,,\'< ,'>' '/,/:, .,..... 0 "- :\~".....,.,.,... .~:-,.' '1//1 /- h~1.. . \\\" (Printed Name) /1///[1111;\',\\\\\ Residing in Bozeman, Montana My Commission Expires -Apn-\ / .;.1\ /20 Q1 ICREEKWOOD ANNEXATION AGREEMENT 18 I ~ :4 ~ . co 0 . '/. m ' I. co~~ i;; {( /:----~---- mmo:g ~Chkr . Promisco mO Q~~ NN!~ STATE OF MONTANA ) o..~ _0 )SS. _0 - ~ County of Gallatin ) _N iiiiiiiiiiiiiii ' _ On this '\0 day of--.Jv~_, 2005, beforc me the undcrsigned, a Notary Public _ ~ f()r thc State of Montana, perso~earcd, Michael A. Promisco, known to me to be the - II: __ rvvM~~ r__ of Snow load LtC, and the pcrson whosc name is subscribcd to the - 8 within instrument and acknowledgcd to me that he executcd the within instrument for and on behalfof s Snowload LLC. ==.. -- iiiiiiiiiiiiiii - _ ~ IN WITNESS WHEREOF, I have hereunto sct my hand and affixed my Notarial Seal thc day _e d f- 1 . - g an ycar lrst a 10ve wntten. -" -> ! \\\\\\' '. :!! Ii: I,' I,' _ , ,,:(-'\-'.\~:n -'. _ ~ (SEAL) "" (.l"\,,,~ .- . ,._ = ~ . _ l?:"~;!:.:,~:; J \fl f\ ,I V\ / ;~'" (._' _,,-i' i"~ ,'i:: _." . '" ';"-. 'II'". "L f ,'.\.l ..": '. _:;:' otary Public for the State of Montana ::;, r;" . ,--,;. _........1 . .or;" ~~'> ~:" ,~4" . . ~ .:.:~~'l.-.~...:::" C fu' . $ .~;-/.' /~ .." . \ " ,,,,' a kl'"L.- $. tJen"LV'\ '/III~ CFt\AO\;\>~' . 111111/111111\\\\ (Printed Name) Residing in Bozeman, Montana . My Commission Expires ~/ J \ /20 09 I CREEKWOOD ANNEXATION AGREEMENT 19 I 0. co U w EXHIBIT B CO~..;,: u mow WAIVER OF RIGHT TO PROTI~ST mmg CREA TION OF SIJECIAL IMPROVEMENT DISTRICTS Q-~ N..... CRF:KKWOOD ANNF:XA TION e- m- N"~ o.~ ---g The undersigned owners of the real property situated in the County of Gallatin, State of -- -u -<') ---'" ~ Montana, and more particularly described as follows: --- - -u =", ~ ^ tract of land being the second tract described in Document No, 2012272, Records ofUallatin I- ___IE: County, situated in the E1I2SEI/4 Section 32, TI S, R6E, P.M.M., Gallatin County, Montana, -0 ==== u and being further described as follows: -c ~- -~ ~.. -- Heginning at the 1/4 corner common to Sections 32 and 33 in said Township and Range; thence -- -.. =<lI along the section line between said Sections SO 1059'43 "E a distance oC707 .93 teet to a point on -, -- _0 the northerly right-of-way line of Montana Highway 86; thence along said right-of-way line =c -.. -' S49037'40"W a distance of42.3\ feet, S40006'I O"W a distance of 133,07 feet, S49037'40"W a ~ -- distance of 805.33 feet, along a curve to the right having radial bearing ofN40023'55"W and a - -- radius of I 086.00 feet a distance of 432.62 feet, S 17021'34"E a distance of 20.03 feet, and _s::. -'" along a non-tangent curve to the right having radial bearing ofN 17008'23"W and a radius of 1066.00 fect a distance of 190.92 feet to a point on the E I /16 line o('said Section 32, said point also being on the east line of Lot I of Ed Vogel Subdivision No.1; thence along said 1/16 line and the east line of said Lot 1 NO 1043'31 "W a distance of1630.06 feet to the C-El /16 corner of said Section 32; thence along the E-W mid-section line of said Section 32 S89049'43"E a distance of 1312.37 feet to the Point of Reginning. Said tract being 37,743 acres, IN CONSIDERATION of receiving approval for annexation ofthe suhject property from the City of Bozeman, along with accompanying rights and privileges and fix other and valuahle consideration, the receipt of which is hereby acknowledged, and in recognition of the impact to the intersection of Story Mill Road and Bridger Drive, which will he caused by the development ofthe above-described property, the owner has waived and do hereby waive for itselC its successors amI assigns, the right to protest the crcation of onc or more special improvement districts fix paving, curh. gutter. sidewalk. drainage. and signalization olthe intersection (~lSt()ry Mill Rd and Brid:,;;cr Drive; or to 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-deserihed property. I CREEK WOOD ANNEXATION AGREEMENT 20 I . co D- o 10 In the event an SID is not utilized for the completion of thcse improvements, the developer CO:";': OSII m'O 10 m03 agrees to participate in an alternative financing method for thc completion of said improvements on a Q"'~ N--m .- 01- N ,,~ fair share, proportionate basis as determined by square footage of property, taxable valuation of the D-~ _0 _0 -- -61 -(OJ -'" propcrty, traffic contribution form the developmcnt, or a combination thereof. - ~ - u This waivcr shall he a covenant running with the land and shall not expire with thc dissolution of -'" _E ~J.- ~E the limited partnership, provided however this waiver shall apply to thc lands herein dcscribed. 0 =u -c ~- =~ The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the -" -- -- =" -0 -' successors-in-interest and assigns of the parties hereto, -. _0 =~ ~> n^ TED this Z>\\ day of--~-~;-" V\. Q ,. , 200"";-- . =- ~. ~.c. -'" LANDOWNERS "--- ---.... ,- <--- . .... ...,-~=.~--~-,,-----~~------ ~------ ~ "'--..' __."~ '_ ....'.c_-_ ,.-.-----~~~.~~ Shaun Shahan STATE OF MONTANA ) ) ss. County of Gallatin ) On this~ day of ~ 5 , 2Q(~before me the undersigncd, a Notary Public for the State of Montana, personally appeared, Shaun Shahan, known to me to he thc ~_ ;C( ~ of Snow load LLC, and the person whose name is subscribed to thc within instrument and acknowledged to me that he executed the within instrument for and on hehalf of SnowlOad LLC, ..' -. (,.( . IN WIT1+ESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day - ;:,.:i-C; ~!C:J~ fil'st..above wri tten. " ,-, 'c L\. ' ) ~.'le_.L /- ~- ,<D. k~~ " ,:lJ'U; ; [i~on:2.iJ2 otary Public for the State of Montana ,'.:,' 1;111 .-:t ;:j:_"i';; IvlOlltana r\T;-~':--"; -Oc h~ilal-V 25 2(lC~ j I ,: III,...J ,,; ',,' _/. I ....J \,):..t' '1-' '., \. ,j .',. ~ (Printed Name) C1UcJ-:K WOOD ANNEXATION AGREEMENT 21 co P- o ID co~.;t Ell mOlD Residing in Bozeman, Montana m~g Q"'~ My Commission Expires / /20 ~- N ii~ ~/L{ tc m- N-- P- - ~g -.-. -- -ElI -<') -", ... ichael A. Promisco - ~ - =u STATE OF MONTANA ) -'" _E ) ss. ~1- ~JE County of Gallatin ) ==== 8 ~ 5 _I: On this f1i day of -.... , 20<y(bcfore me the undersigned, a Notary Public =~ -- -~ -~ for the State of Montana, personally appearcd, Michael A. Promisco, known to me to he the =- -tlI -' I-Il!./YJLb/A of Snowload LLC, and the person whose name is subscribed to the -. _0 =1: -- within instrument and acknowledged to me that he executed the within instrument for and on bchalf of -0> iiiiiiiiiiiiii >- -. Snowload LLC. =~ -.... -e !!!!!!!!!!!!!!! --<: -'" IN WrTNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day i:nsJ Y~--;flrprslubove written. '~, , ~:' ~. (SEAL) ~- ,0. kd-~k Notary Publi :< ::,.... ";: ,0 _ " g' (Printed Name) -,,-. '-. .-, .~,'_. ,::...<". Residing in Bozeman, Montana My Commission Expires / ___)20_ I CREEK WOOD ANNEXATION N3REEMENT 22 I - . a. Q] a If) Q]:';': EXHIBIT C m~: WAIVER OF RIGHT TO PROTli:ST m...g CREATION OF SPECIAL IMPROVEMENT DISTRICTS 6)"'~ N--1Il .~ CRlj:EKWOOD ANNEXATION m_ N ,,- a.- _Gl _Gl The undersigned owners of the real property situated in the County of Gallatin, State or - -a =<'> -... iiiiiiiiiiiiiii - Montana, and more particularly dcseribed as follows: iiiiiiiiiiiiiii - =0 -J,I) _i: ^ tract of land being the second tract described in Document No, 2012272, Records of Gallatin iiiiiiiiiiiiiii I- iiiiiiiiiiiiiii E County, situated in the E 1 /2SE 1/4 Section 32, Tl S, R6E, P.M.M., Gallatin County, Montana, =0 =0 and being further described as f()lIows: - -<: -- =~ -" -- Beginning at the 1 /4 corner common to Sections 32 and 33 in said Township and Range; thence -- =" -CI along the section line between said Sections SO 1059'43 "E a distance on07 .93 teel to a point on -' -. _0 the northerly right-of-way line of Montana Highway 86; thence along said right-of-way line =<: -" -> S49037'40"W a distance of42.3\ feet, S40006'\ O"W a distance of 133.07 feet, S49037'40"W a iiiiiiiiiiiiiii ,., -e distance of805.33 feet, along a curve to the right having radial bearing ofN40023'55"W and a =- iiiiiiiiiiiiiii .. l!!!!!!!!!!!!!! s::. radius of 1086.00 feet a distance of 432.62 feet, S I T21'34"E a distance of 20,03 teet, and _J,I) along a non-tangent curve to the right having radial bearing ofN 17008'23"W and a radius of 1066.00 fect a distance of 190.92 feet to a point on the E I / 16 line of said Section 32, said point also being on the cast line of I _at 1 of Ed Vogel Subdivision No.1; thence along said 1/16 line and the east line of said Lot 1 NO 1043'31 "W a distance of 1630.06 teel to the C-E 1 /16 corner of said Section 32; thence along the E- W mid-section line of said Section 32 S89049'43 "E a distance of 1312.37 feet to the Point or Beginning. Said tract being 3 7.743 acres. IN CONSIDERA nON of receiving approval for annexation ofthe subject property from the City of Bozeman, along with accompanying rights and privileges and for other and valuable considcration, the rcceipt or which is hercby acknowledged, and in rccognition or thc impact to the intcrsection of Griffin Drive and Bridger Drive, which will bc caused by thc development of thc above-described property, thc owner has waived and do hereby waive fi:)r itselC its successors and assigns, the right to protest the crcation orone or more special improvement districts ror paving, curh. guileI', sidewalk, drainage. and signalization qf'the intersection (~f'Gr!!lln Drive and Brid.e;er Drive: or to make any writtcn protest against the size or area or crcation orthe district, or method of assessment to be assessed in response to a duly passed resolution or intention to creatc one or more spccial improvement districts which would include the abovc-described property. I CR1::EKWOOD ANNEXATION AGREEMENT 23 I . . cO ~ In the event an SID is not utilized for the completion of these improvements, the developcr cO~.o: "" m (; ID agrees to participate in an alternative financing method for the completion of said improvements on a m<'l~ Ql'I~ N:.:: fair share, proportionate hasis as determined by square footagc of property, taxahle valuation of the N-- 0. - -"" : property, traffic contribution form the dcvelopment, or a combination thereof. ~ This waiver shall be a covenant running with the land and shall not expire with the dissolution of - o -'" ~ the limited partnership, provided however this waiver shall apply to the lands herein described. Ii: o -0 ~ The terms, covcnants and provisions of the Waiver shall extend to, and he binding upon the -- ~ successors-in-intcrcst and assigns of the parties hereto. ~ ~ DATED this";;'? i day of ~_) \.Atu , 20 n :'::)- --! .. ~~ -'" LANDOWNERS S-~~' <=~" ...-.~ \ .........--. ".'. ," .0" \ ~'... ..--- ------~.~ " Shaun Shahan STATE OF MONTANA ) ) ss. County of Gallatin ) 5 On this2i day of , 20~before me the undersigned, a Notary Public for the State of Montana, ersonally appeared, Shiwn Shahan, known to mc to bc the I--!t?/YYI kA _ of Snowload LLC, and the pcrson whose namc is subscribed to thc within instrumcnt and acknowledged to me that he exccuted the within instrument for and on hehalf of Snowload LLC ..INWITNESS WHEREOF, I have hereunto sct my hand and affixed my Notarial Seal the day aui; year fir,.;;t ,J~~()ve written. (SEAL) ~&/Jd-~~ ic for thc State of Montana Co_, J: - .,.."....' .', ~ (,.'- -~- ILJ:''')? (pnntcd Name )_:2 j 2S " .' '1 CR1:I.;t( WOOD ANNEXATION ACiRLUvlF:NT 24 .. . Residing in Bozcman, Montana My Commission Expires ,__~__j20_ II' ,~(~ ?r~ Michael A. Promisco STATE OF MONTANA ) ) ss. County of Gallatin ) .... ~ ~ e> On this day of (A'--",,",4 / ~ ,200A-, before me the undersigncd, a Notary Public for the State of ontana, personally appeared, Michael A. Promisco, known to me to be the .,.(-~.{_&7rt ~ of Snowload LLC, and the person whose name is subscribed to the within instrument and acknowledged to me that he executed thc within instrument for and on behalf of Snowload LLC. IN \VITNESS WHEREOF, I have hcreunto set my hand and affixed my Notarial Seal the day '-HilI., )ci\'r firSt ;llXWC written. ..,'r~ (S Ell; , ~-u__) CO P- "" 10 co~';': '" 01'010 m...g ,,, 6)<'I~ (Printed Name) ." ~,l N ..CD - - ',.'g .~ Residing in Bozeman, Montana m- N-- 0. ~ My Commission Expires / ~20~._ ~g -- -"" <'l _<'I - - -0 '" E -.... E -0 0 -I: -- --oJ ~. -- -- -- ." -' _e _0 I: -- -> ~ =- -- -e -.c: ::=:=: '" I CREEK WOOD ANNEXATION AGREEMENT 25 I co 0.. 0 EXHIBIT I) UJ co~.:.: '" WAIVER OF RIGHT TO PROTEST GI'OUJ GlUJ:Ji: CREATION OF SPECIAL PARKS MAIN'n:NANCE DISTRICTS cgN~ CREEKWOOD ANNEXATION N ii~ m- N ,,- 0..- -'" The undcrsigned owners of the real propcrty situated in the County of Gallatin, Statc of _0 - -0 ='" _N - !!!!!!!!!!!!!!! Montana, and more particularly described as f()llows: ~ - =u -'" _iE A tract of land being the second tract described in Document No, 2012272, Records of Gallatin ~1- County, situatcd in the El/2SEI/4 Section 32, TIS, R6E, r.M.M., Gallatin County, Montana, ~E =0 and being further described as f()lIows: =u - _c -- =.. -" Bcginning at the 1/4 corncr common to Sections 32 and 33 in said Township and Range; thencc -- -- =" along the section line between said Sections SO 1 059'43 "E a distance on07 .93 feet to a point on -('j -' -. the northerly right~of-way line of Montana Ilighway 86; thence along said right-of-way line _0 =c -" S4903 7'40"W a distance of42.31 feet, S40006' 1 O"W a distance of 133.07 feet, S49037'40"W a -> ~>- -. distance of805.33 feet, along a curve to the right having radial bearing ofN40023'55''W and a =- ~. radius of 1086.00 feet a distance or 432,62 feet, S 17021 '34"E a distancc or 20,03 feet, and !!!!!!!!!!!!!!! 1::. -'" along a non~tangent curve to the right having radial bearing of N 1 ]008'23 "Wand a radius or 1 066.00 rcct a distance of 190.92 rcet to a point on the E 1 /16 line ol"said Scction 32, said point also being on thc cast line of Lot 1 of Ed Vogcl Subdivision No.1; thence along said 1116 line and the east line orsaid Lot I NO 1043'31 "W a distance of 1630.06 feet to the C-E 1 /16 corner of said Section 32; thence along the E-W mid-section line of said Section 32 S89049'43"E a distance of 1312.37 feet to the Point of Beginning. Said traet being 37.743 acres. IN CONSIDERA nON ofreceiving approval f()r annexation ofthe subject property from thc City of Bozeman, along with accompanying rights and privileges and f()r 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 nccd 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 f()r a Ci(y-witle Parks Mllintenance District, or to make any written protest against thc size or area or creation of the district to be assessed in response to a duly passed resolution ofintcntion to crcatc onc or more special parks maintenancc or improvement districts. I CREEKWOOD ANNFXATION ACiREEMENT 26 I . . .. Q. In the event City-wide Parks Maintenance or Special Improvement Districts arc not utilized for CO OSII U) CO~';': the City-wide park maintenance, wc agree to participate in an alternate financing method for 0)0: O)..,g QN~ complction of said improvcments on a fair share, proportionate basis as determined by square footage N --ID .- Ia_ N-- Q. - _"" of the property, linear front footage of thc property, taxable val uation of the property, or a combination _OSII - -OSII -<') -N - thereof. --- - =0 -ID This waiver shall be a covcnant running with the land and shall not cxpire with the dissolution of ... _lE -I-- _lE =0 the limited partnership, provided however this waiver shall apply to the lands herein dcscribed. -0 ~-~ =- ~~ The terms, covenants and provisions of the Waiver shall extend to, and bc binding upon the -~ =- -<:> -. -. _0 successors-in-interest and assigns of the parties hereto. =c -- -> " -e =..... LANDOWNERS ---. ~.c ~z=~-~) _ID ~ ' --~ Shaun -Shahan ..-~_:, ... ~"" STATE Of MONTANA ) ) ss. County of Gallatin ) On this 2!!... day of J/~ S , 20f~ before me the undersigned, a Notary Public for the State of Montana, personally appeared, Shewn Shahan, known to me to be the H ~ of Snowload LLC, and the person whose name is subscribcd to the within instrument and acknowledged to me that he executcd the within instrument for and on behalf of Sl1owload LLC. IN \ViTNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day ,ind year first Cibove writtcn. (SEAL) .. - ., J' '._ -_...-- - ,g (Printed Name) Residing in Bozeman, Montana My Commission Expires ~ /20 ,.-_.- I CREEK WOOD ANNEXATION ACiREEMENT 27 I .. ". . j,! ~7t------ ~". .. ich( ~ .. Promisco STATE OF MONTANA ) ) ss" County of Gallatin ) ./ On thisdi day of JL/YL-t'_ _J , 200P', before mc the undersigned, a Notary Puhlic for the State of Montana, personally appcared, Michael A. Promisc(), known to me to be the ~/J'Y! hP'A ~ of Snowload LLC, and the pcrson whosc name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behal r of Snowload LLC. .. l~ W,TNESS WHEREOF, I have hereunto sct my hand and affixed my Notarial Seal the day and"yc<t1" E:"f:t above written. (SEAL) /" .0- 0- -~ CO 0 ID CO~';': 0 m'OlD m....g -- ,~ Q"'~ (Printed Namc) N ii~ ..- Residing in Bozeman, Montana N"~ O-~ ~g My Commission Expires j /20 -_.".~ -- -0 -~ - - ==== ~ -~ ~1- :E: 0 =u -c ~- =- -. -- -- . -Cl -' -- _0 =c -. :>- -,.. -e -- -- -- _r. -'" I CREEKWO()l) ANNEXATI01'-; AGREEMENT 28 I 1111111111111111111111111111111111111111111111111111111 ~~;~~~.~~, Shelley Vanoe-Gallatln Co MT MISC 230.00 PUBLIC STREET EASEMENT Sno\YJ<Lad LLC , GRANTOR, in consideratian af$ 1.00 and ather gaad and valuable cansideration, receipt of which is acknawledged, grants to. The City af Bazeman, a municipal corporation af the State af Mantana, with otTices at 411 East Main, Bozeman, Montana 59715, GRANTEE, its succcssars and assigns, a perpetual street and utility easement for the use ofthe public, in, through, and across a strip of land situated in Gallatin Caunty, Mantana, to be located on the fallawing described real property: EI/2 SEI/4 Sectian 32, TIS, R6E, r.M.M., City afBazt;man, Gallatjn Cauntv" Mantana The easement is more particularly described on the attached Exhibit~L which by this reterence is made a part hereaf, The GRANTOR states that it passesses the real property described above and that it has a lawful right to grant an casement therean, The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruptian by the GRANTOR, The terms, caven ants, and provisions ofthis casement shall extend to. and be binding upon the heirs, cxecutors, administrators, persanal representatives, successors, and assigns of the parties hereto. DATED this \S- day af ~m ___, 2005. /d GRANTOR 7/-' :---- -) Sno laad LLC Snowlaad LLC By: Michael A Promisca, Member By: Shaun Shahan, Member STATE OF MONTANA) )ss. Caunty of Gallatin ) On this.ls=- day af , n__ . 2005. bcfare me. the undersigned, a Notary Public far the State of Mantana, personally a eared Michael ^- Promisco and ShaUll Shahan. known to. me to be members af Snow load I J ,C and the persons whase names are subscribed to. the within instrumen1, and acknawledged to me that they executed the within instrument for and an behalf af Snow load I,LC. -- " . . .... 11111111111111111 111111 111111111 1111111 1111111111111111 ~~~~~f.~p Shelley Vanoe-Gallatln Co MT MISC 230,00 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. .."...:S\\\:. \~ :.~;i: >~.//, :....f:,'.. .~'~1ML't." ;..-...". ,!/::";~~\~\.c T ~;; .,.::',~:"i~;~:-" -- ' - e-D. KueVlt?f\ :: ~ ".. ..... . ~,. ';...: :,': ~. ) .. -~..~- . ;:. ~: Notary Publ ie for the State of Montana ..~. '. .. ~'.".: ~(;" (.:, "fr : ~/\- ~ Residing at__J!x..'zPrY1l1n I ~-r '~" ' ...) .i....L!.. ~I .~.J , ~ ,::: \~.:~, ::';; , . . .' . ~ \;.~-::/ My Commission Expires (J./I,:).f:<.."11 ",'" , '- t .C)'t:\ "V !Ii~/ ;~Jr d, .,,~\\\\\ 1'/iIi/lIl1l,I.," ACCEPTED: CQwA. ~. CITY OF BOZEMAN by its__~i ty ~1ana.ge! ATTEST: ~./~ C erk ot the CommIsSIon STATE OF MONTANA) )ss. County of Gallatin ) On this __~_!_1-- day of ~-ffkL1^-fg-L , 2005, bet()re me, a Notary Public for the State of Montana, personally appeared CH IS KUKULSKI and ROBIN L. SlJLLlV AN, known to me to be the City Manager and Clerk of the Commission, respectively, of the City of Bozeman and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same fi.1f and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above wriUen. " ,(SEAL) <<,Lt., /42- {; /(!A.t t/~<-- ..-~ Notary Publigor t State~)r-ont~;~;l- Residing at ':J7}7.f,-rV{a..~__ _,e- Me' . F' 7, / z 1z ' ')7 y ,ommlSSlon ,xplres ::.J_~?" "Oc ' .- .. ~ I111I11111111111111111111111111111111111111111111111111 ~~~~~f0~~P ... , Shelley Vanoe-Gallatln Co MT MISC 230.00 EXHIBIT A SHOWING A PUBLIC STREET AND UTILITY EASEMENT ACROSS PORTIONS OF THE E1/2SE1/4 SECTION 32, T1S, R6E, P .M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA N . ~~ T i lbu1h=GOft.. TRACT 2 DOCUMENT No. 2012272 ~\ -Z -...\ WI ! ~~ co VOGCL SURD/VISION No. 1 ~ Sl7"21' 34"E -...\ 20,03' N01 "43'31 "W" 12.19' 86 HIGHWAY MONTANA UNPLA TTED DESCRIPTION Beginning at a point on the El/16 line of Section 32, T1S, R6E, P.M.M., which bears N01"43' 31 "E a distance of 12,19 feet from the southeast corner of Lot 1 of Ed Vogel Subdivision No.1, said point also being on the north right-of-way line of Montana Highway 86 and the southwest corner of the second tract of land described in Document No. 2012272, Records of Gallatin County; thence along said 1/16 line N01"43'31"W a distance of 18,09 feet; thence along a non-tangent curve to the left having a radial bearing of N7"46'17"W and a radius of 1086.00 feet a distance of 185.81 feet to a point on the said right-of-way line of Montana Highway 86; thence along the property line of said tract of land SlT21'34"E a distance of 20.03 feet to another point on the said right-of-way line of Montana Highway 86; thence along a non-tangent curve to the right having a radial bearing of Nl7"08'23"W and a radius of 1066.00 feet a distance of 190.92 feet to the Point of Beginning. Said easement area being 3,601 square feet. GASTON ENCINEERINC SURVEYINC & SOIlS TESTINC .2