HomeMy WebLinkAbout03- Mahar Annexation Agreement
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MAHAR ANNEXA nON
, ANNEXA nON AGREEMF:NT
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THIS AGREEMENT made and entered into this day of ' ",. . .,(.".",. __, 2003, by and
between the CITY OF BOZEMAN, a municipal corporation and political subdivision of the State of Montana
with offices at 411 East Main Street, Bozeman, Montana 59771-0640, hereina/ier referred to as "City", and JOE
MAHAR, MM-IAR MONTANA HOMES, L.L.C., 1627 West Main Street, #370, Bozeman, Montana 5971 X,
hereinafter referred to as "Landowner".
WHEREAS, Landowner is owner in fee of a tract of certain real property, hcreinafter referred to as thc
MAHAR ANNEXA TION tract situated in Gallatin County, Montana, and more particularly described as
follows:
A tract of land being the West llalf of the Southeast Quarter, the Northeast Quarter of the Southwest
Quarter, and that part of the west 50.00 feet of the East Ilalf of the Southeast Quarter of Section 24,
lying north of the north line of Certificate of Survey No. 482 and its easterly extension, located in
Township 2 South, Range 5 East of P.M.M., Gallatin County, Montana, including the abandoned 50
foot wide right of way of the Chicago, Milwaukee, St. Paul and Pacific Railroad, conveyed by Deed
recorded on Film 9X, Pagc 3879, records of the otfice of the Clerk and Recorder, Gallatin County,
Montana, EXCEPT the following described tracts:
EXCEPTION NO. I: the north 15 rods (247.5 feet) of said West Half of the Southeast
Quarter cxcept the east 50.00 feet thereof.
EXCEPTION NO.2: the north 15 rods (247.5 feel) of said Northeast Quarter ofthe Southwest
Quarter
EXCEPTION NO.3: Certificate of Survey No. 482, according to the plat thereof, on file and
of record in the office of the Clcrk and Recorder, Gallatin County, Montana, and containing
28.759 acres
Said property is more particularly described as tollows:
Commencing at the South Quarter Corner of said Section 24; thence northerly 0000 14' 0 I",
assumed azimuth fh)m nOlth, 990.06 feet along the west line of the Southeast Quarter of said Seetion
24, to the northwest corner of Certificate of Survey No. 482 and the point of beginning
ofthe property to be described; thence eontinuing northerly 0000 14' 0 I " azirnuth 326.82 feet along said
west line; thence westerly 269" 02' 57" azimuth 1337.96 feet along the south line of the Northeast
Quartcr ofthe Southwest Quarter of said Section 24; thence northerly 3590 48' 24' azirnuth 1082.3 7 feet
along the west line of said Northeast Quarter of the Southwest Quarter; thence easterly 089" 08' 24'
azimuth 1345.99 feet along the south line ofthe north 15 rods (247.5 feet) of said Northeast Quarter of
the Southwest Quarter; thence easterly 089047' 24" azimuth 1276.79 feet along the south line of the
north 15 rods (247.5 feet) of the Northwest Quarter of the Southeast Quarter, said Section 24; thence
northerly 0000 10' 00" azimuth 247.50 feet; thence easterly 089" 47' 57" azimuth 50.00 feet along the
nOlth line of the Northwest Quarter of the Northeast Quarter of said Section 24; thence easterly 0890 17'
33" azimuth 50.00 feet along the north line of the Northeast Quarter of the Northeast Quarter of said
Section 24; thence southerly 1800 10' 00" azimuth 1650.62 feet along the east line of the west 50.00 feet
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of the West Ilalf of the Southeast Quarter of said Section 24; thence westerly 2690 36' 10' azimuth
1378.4 7 feet along the north line of Certificate of Survey No. 482 to the point of beginning.
Said Tract of land being 3,411,134 square fect or 78.3089 acres more or less along with and subject to
any and all existing easements.
WHF:REAS, the Landowner has petitioned the City for annexation of said tract of land; and
WHEREAS, the MAHAR ANNbXATlON is not within the corporate limits of the City or other
municipality and may therefore be annexed to the City in accordance with the provisions of this Agreenlent and
M.C.^. Title 7, Chapter 2, Part 46.
WHEREAS, all parties recognize that the annexation of the MAHAR ANNEXA 170N pursuant to
Section 7-2-460 I, et seq., M.C.A. will entitle the said property to City services, including municipal water and
sewer service, upon their availability; and
WHEREAS, M.C.A. Section 7-2-4610 provides that a municipality and landowner can agree to the
provisions of services to the area to be annexed; and
WHEREAS, the City's present watcr supply and sewer collection system is insufficient to enable it to
supply reasonably adequate water and sewer service to additional customers outside the present city boundaries;
and
WHEREAS, all parties recognize that thc development of the MAHAR ANNEXATION will impact
area streets, and that futurc improvements may require additional public street ill1provements for traffic
circulation; and
WHEREAS, the Landowner wishcs to convey to the City certain water rights or take some equivalent
action to provide water and sewer service to the MAl/AR ANNEXA TION; and
WHEREAS, the Landowner finds that this Agrcement will providc for the most satisfactory and
dependable water supply and sewer supply or service available to furnish water and wastewater collection, and
providc traffic circulation for development near and within the MAHAR ANNEXA TION; and
WHEREAS, the making and performance of this Agrccment is desirable to prOll1ote the devcloPll1ent
of the most adequate water supply, wastewater collection and traffic circulation pattern for the City as it now
exists and as it is reasonably expected to enlarge; and
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WHEREAS, the securing of an adequate water supply, wastewater collection, and traffic systems by
the City is necessary and of mutual advantage to the parties hereto_
WHEREAS, the parties have determined that it is in the best interests of the City and Landowner, and
in furtherance of the public health, safety and welbre of the conlnlunity to enter into and implement this
Agreement.
WIT N ESE T H:
IN CONSJl)L..;RA TION of the mutual covenants and agreements herein contained, the parties hereto
agree as follows:
1. Rccitals
The above recitals are true and correct.
2. Annexation
The Landowner filed an application for annexation of the MAHAR ANNEXA110N with the City on
January 22, 2002. Thc City, on March II, 2002, adopted a Resolution of Intent to Annex the MAHAR
ANNEXATION. Ry execution of this Agreement, the City has manifested its intention to annex the
MAHAR ANNEXATION tract pursuant to the terms and conditions of this Agreement. Subject to the
provisions of Title 7, Chapter 2, Part 46, the City shall, upon execution of this Agreement, adopt a
Resolution of Annexation of the MAHAR ANNEXA TION to the City. Further, upon the execution of this
Agreement, the Landowner shall do all things necessary and proper to aid and assist the City in carrying out
the terms, conditions and provisions of this Agreement and effectuate the annexation of the MAHAR
ANNEXA TION tract to the City.
3. Services Provided
The City will, upon annexation, make available only existing City services to the extent currently
available, including municipal water service, municipal sewer service, police protection, and fire protection, to
the MAHAR ANNEXA TION as provided in this Agreement.
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4. Municipal Water Service Defined
'The term "municipal water service" as is used in this agreement shall be the service which is supplied by
the City in accordance with Chapter 13.12, Bozeman Municipal Code, or as may be amended, as well as any
other terms and conditions which apply to the City's provision of this service. The tenn does not contemplate
the extension of lines or construction of necessary improvements at any cost to the City for delivery of water to
and within the MAHAR ANEXA TION. Nothing in this Agreement shall obligate the City to pay for right-of-
way acquisition, engineering, construction, and other costs for the delivery of water to or within the MAHAR
ANNEXATION to include, but not limited to, any inlpact fees, hook-up, connection, or development charges
which have been or may be established by the City.
5. Municipal Sewer Service Defined
The term "municipal sewer service" as is used in this Agreement shall be the service which is supplied
by the City in accordance with Chapter 13.24, 130zelnan Municipal Code, or as Inay be amended, as well as any
other tenns and conditions which apply to the City's provision of this service. The term does not contemplate
the extension of lines or construction of necessary improvements at any cost to the City for collection of sewage
at and within the MAHAR ANNEXA TION. Nothing in this Agreement shall obligate the City to pay for right-
of-way acquisition, engineering, construction, and other costs for the collection of sewage services to or within
the MAHAR ANNEXATION to include, but not limited to, any impact fees, hookup, connection, or
development charges which may be established by the City.
6. Water Rh?JIts
The parties acknowledge the following City policy:
Prior to annexation of property, it shall be the policy of the City of Bozeman to acquire usable water
rights, or an appropriate fee in lieu thereot~ equal to the anticipated average annual consumption of
water by residents and/or users of the property when fully developed. The fee may be used to acquire
water rights or for improvements to the water system, which would create additional water, supply
capacity. Except, however, that for any annexation in excess of ten (10) acres, this policy shall be
carried out prior to final plat approval of each development phase.
Seetion 2, No.5, Commission Resolution 3137, Adopted August 19,1996
The Landowner understands and agrees that they Inust provide sufficient water rights in accordance
with the City's policy according to the following schedule:
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MAllAR ANNEXA TION, consisting of a total (~l 78.3089-lo. acres, prior to final site plan
approval, or filing l?l any final mlulivision plat, whichever occurs first that will create
additionalsuhdivisio/llots afl(l/or development proposals.
Should the Landowner create additional subdivision lots with further subdivision of said property, or
should the Landowner develop said property under the provisions of thc City of Bozeman Zoning Ordinanee,
the Landowner shall provide sufficient water rights or cash-in-lieu as calculated by the City in accordance with
its policy at the time of calculation. The Landowner and further understands that the City will calculate the
average annual diversion requirement necessary to provide water to this annexation tract on the basis of the
zoning designation and/or City~approved development f'(x the property at the time such calculation is made.
7. Comprehensive Water and Water Desie:ll RellOl.t
Prior to future development of the property, the Landowner may be required to have prepared by a
Professional hngineer, at Landowner's expense, a eomprehensive design report evaluating existing eapacity of
sewer and water utilities in the area. The report must include hydraulic evaluations of each utility for both
existing and post-development demands, and the repor1 findings must demonstrate adequate capaeity to serve
the full development of the land. If adequate infrastructure capacity is not available for full developnlent, the
report must identify necessary system improvements required flx full development. The Landowner agrees to
complete at Landowner's expense, the necessary systenl improvements to serve the full development.
8. Future Development Limitations
Landowner understands and agrees that substantial limitations for growth exist in the wastewater
collection system for this property, which will need to be addressed in conjunction with development of the
parcel. The future developer will be responsible fl)r installing any facilities required to provide full municipal
services to the property in accordance with the City's Infrastructure Master Plans and all city policies and
guidelines that may be in effect at the time of development. Thus, I,andowner understands and agrees that there
is no right, either granted or implied by the City, for the Landowner to develop any of the MAHAR
ANNEXA TlON until it is verified by the City that necessary municipal services, including but not limited to
police and fire protection, and sewer and water capacity, are available to all or a portion of the MAHAR
ANNEXA TlON.
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9. Stormwater Master Plan
Landowner understands and agrees that a Stonnwater Master Plan for the MAHAR ANNEXATION for
a systenl dcsigned to remove solids, oils, grease, and other pollutants fh)nl the runoff from the public streets
may be required to be provided to and approved by the City Engineer at thc tinlc of any future development.
The master plan, if required, must depict the maximum sized retention/detention basin location and locate
and provide easernents for adequate drainage ways within the area to transport runoff to the stonnwater
receiving channel(s). The plan shall include site grading and elevation information, typical stonnwater
dete nt i 0 n/ ret en ti on basin and discharge strllcture dctai Is, basin sizing calculations, and stonnwater
maintenance plan.
10. Waiver of Rie:ht-to-Protcst S))ecial Im))rovemcnt Districts
Landowner has executed a Waivcr of Right-to-Protest Creation of Special Improvement Districts for
maintenance of any parks within the annexed area and/or of a City-wide Park Maintenance District, and Waivers
of Right-to-Protcst Creation of Special Improverllent Districts, which would provide a mechanism fi.)!" the fair
and equitable assessment of maintenance costs for sllch parks, is attached hereto as Exhibit "A"", and is hereby
incorporated in and made a part ofthis Agreement.
Landowner has further cxecuted a Waiver of Right-to-Protest Creation of Special Improvement Districts
for improvements, including: I) paving, curb and gutter, sidewalk, and stonnwater drainagc improvements for
South II tll A venue, Willow Way, and Cambridge Drive, 2) signalization improvements for the intersections of
South Third A venue with Goldenstein Lane and Graf Street, and 3) trunk scwer or water main improvements to
scrve the property, is attached hereto as Exhibit "8", and is hereby incorporated in and madc a part of this
Agreement.
Landowner agrees that in the evcnt an S.I.D. is not utilized for the completion of these improvements,
the developer agrees to participate in an alternative financing method for the completion of said improvements
on a fair share, proportionate basis as determined by square fi..)otage of property, taxable valuation of the
property, traffic contribution from the development or a combination thereof.
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11. Utilitv Easements
The Landowner understands and agrees that utility casements, a minimum of thirty (30) feet in width,
may be necessary for the installation and Inaintenance of water and sewer utility services to the annexed parcel.
The Landowner shall create such easements in locations agreeable to the City during the appropriate
development procedures, but in no event later than the filing of any final plat or site plan review or issuance of a
building permit on the parcel(s).
12. ImlJact Fees
Landowner and Landowner/Developer hereby acknowledgc that annexation and development of their
property will impact the City's existing street, watcr and sewer infrastructure, and fire service requirements.
"rhere is one (1) existing structure on the property. At the time ncw structures apply to the City's Water and
Sewer facilities, the Landowners shall pay all Water and Sewer hnpact Fees, which are due. Thc Landowner
and Landowner/Developer and their successors shall pay all Fire, Street, Water and Sewer Itnpact Fees required
by chapter 3.24, Bozeman Municipal Code, or as amcnded, at the time of application for any permit listcd in
Section 3.24.050A, 3.24.060A, 3.24.070A, or 3.24.080A, respectively. If the inlpact fees currently imposed
pursuant to Chapter 3.24 ofthe Rozeman Munieipal Code are subsequently voided or declarcd invalid by a court
of competent jurisdiction, Landowner agrees to pay the City fces or assessments established by the City for
impact on City services in accordance with a ncw or revised Chapter of the Bozeman Municipal Code lawfully
enacted as a result of such court decision after the datc of the court decision. It: prior to enactment of such
rcvised Chapter, the Landowner, applies for any permit, which actuates or would have actuated impact fees
pursuant to thc current Chapter 3.24 of the Bozeman Municipal Code, the Landowner further agrees to pay at
that time, the amount calculated for all such fees based upon the rates established at the datc ofthis agreement
If the Court above declares Chapter 3.24 of the Bozeman Municipal Code invalid, ancl if Landowner
would have bcen entitled to a refund under the court's decision but were it not for the sole fact of the I,andowner
paying impact fees because of this agreement, thcn all such impact fees paid prior to the court's decision shall be
held in escrow until a reviscd Chapter ofthe Code is enacted aftcr the Court's clecision.
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At the tinle the revised code is enacted, then all such lecs held in escrow shall be released to the city and
the balance, if any, returned to the Landowner and/or Landowner/Developer. All accumulated interest on the
sum held in escrow shall be released to the City or Landowner on the same percentage as the money released to
either party bears to the total sum held in escrow.
Landowner further understands and agrees that any improvelllents, either on- or off-site, necessary to
provide connection of Annexation Tracts to municipal services which are wholly attributable to the property are
"project related improvements" as defined in Chapter 3.24, Rozeman Municipal Code, or as amended, and as
such, are not eligible fix impact tee credits.
If I,andowner defaults on this condition at the timc such is to be pertixmed, and should default not be
remed ied or corrected within thirty (30) days after written notice by City to the Landowner and
Landowner/Developer of such default, City may at their option:
A) Declare the amounts owing for impact fees immediately due and payable and City shall
havc the right and privilege to takc legal action against Landowners for thc collcction of
such sum, including the entry of any judgment. In addition, the City may, at its option,
enforce paymcnt of such amount by levying an assessment on the prem ises.
B) Elect any other remedy available to City under the laws ofthe State of Montana.
C) Any 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 City that
impact fees imposed pursuant to Chapter 3.24 of the I30zeman Municipal Code are
subsequently 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 judgment eithcr lirniting impact fee payments under
annexation agreements to specified amounts, or prohibiting any such payment,
landowner will pay such amount as specified above.
13. Affordable Housin2
Having recognized the City's concern for affordable housing, the Landowner understands and agrees
that with subrnittal of a preliminary plat application for all or any portion of the subject property, and/or prior to
executing thc Annexation Agreerncnt, the future developer has devclopcd an "Affordable Housing
Implemcntation Plan," subject to rcvicw and approval by the City of I3ozclnan, guaranteeing at least eight (8) to
twclve (12) percent of thc total housing units for said subdivision will bc managed and maintained as affordablc
for first-timc landowners. The "Affordable I-lousing Implementation Plan" utilizcs a variety of lot sizes and a
rnix of aftcmlable single-farnily detached housing units and attachcd two-household dwelling structures, with not
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SnllllY Vlnol-Glllltin Co MT MISC 102.00
less than thirty (30) percent of the affordable housing units being attached two-household dwelling structures. It
also designates a maximum square footage for a number of lots, and requires that the single family houses and
the two-household dwelling structures will not exceed a certain square footage on a designated number of lots.
fhis lllethod complies with the guidelines rccOlmnended by the Affordablc Housing Task Force, adopted by the
130zeman City Commission.
14. Proeressive Urban Desh?:n
The Landowner understands that with annexation of said property it is the intent of the I ,andowner and
City that futurc dcvclopment will comply with the goals and policies of the 130zeman 2020 Community Plan.
!laving rccognizcd the City's concern for implemcntation ofprogressivc urban dcsign guidelines outlined in the
Bozeman 2020 Community Plan for both cOlllmunity and neighborhood design, the Landowner submitted an
urban design plan with the preliminary plat application for Phase I of the property, and has implemcnted a
Master Plan of the land use patterns and typcs for develoPlllent of the propeliy for a mix of rcsidcntial housing
types (i.e., singlc-family detached dwelling units and attachcd two-family houschold structures) with a varicty of
sizes, styles, and lot sizes, and a design component that arranges the development of said lands so that the land
usc pattcrns will bc intcgrated with the organizational schemc of the adjoining neighborhood(s), subjcct to
review and approval by thc City of Hozeman.
Said Implementation Plan incorporatcs at Icast thirty (30) pcrccnt of the west half of the property to be
developed as a zoning rcsidential planned unit development that is generally defincd as bcing that portion of the
property situated gencrally west of the future extension of South I I III A venuc and west of the rinallocation and
placemcnt ofthe existing watercourse(s).
15. Additional Terms of Waivers
The parties recognize that these documents shall be filed and of record with the Gallatin County Clerk
and Recorder prior to thc sale of any land with the MAHAR ANNEXA TlON. The parties further agree that the
City may file these documents at any time.
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Sh.ll.y Vano.-Gallatln Co MT MISC 102 00
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16. Governin1! Law and Venue
"('his agreement shall be construed under and governed hy the laws ofthe state of Montana. In the event
of litigation, venue is in the Eighteenth Judicial District Court, in and for COllnty of Ciallatin, State of Montana.
17. Attornev's Fees
In the event it hecomes necessary tl1r either party to this Agreement to retain an attorney to enforce any
of the terms or conditions of this Agreement, then the prevailing party shall be entitled to reasonable attorney's
fees and costs, to include the salary and costs of in-house counsel including City Attorney.
18. Waiver
No waiver by either party of any breach of any term, covenant or agreement shall be deelned a waiver of
the same or any subsequent breach ofthis same or any other tenn, covenant or agrcclncnt. No covenant, tcnn or
agreement shall be deemed waived by either party unless waived in writing.
19. Invalid Provision
The invalidity or unenforceability of any provision of this agreelnent shall not affect the other
provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable
provision were omitted.
20. Modilications or Alterations
No modifications or amendment of this Agreement shall he valid unless evidenced hy a writing signed
by the parties hereto.
21. No Assi2nmcnt
It is expressly agreed that the Landowner and/or Landowner/Developer shall not assign this Agreement
in whole or in part without prior written consent ofthe City.
22. Successors
This Agreement shall be binding upon, inure to the henefit of and he enforceahle hy the parties hereto
and their respective heirs, Sllccessors and assigns.
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SMelley Vanoe-Gallatin Co MT MISC 102.00
23. Covenants to Run with the Land
The parties intend that the terms of this Agreement shall be covenants running with the land and shall
not expire at their deaths or upon transfer of ownership ofthe property.
The undersigned Landowner and Landowner/Developer affirms that they have authority to enter into
this Agreement on behalf oftheir corporation, and to bind the corporation to this Agreelnent
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and
year first above written.
LANDOWNER
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By: ,,JOE MAHAR, Representing
MAHAR MONT ANA HOMES, L.L.c.
ST A TE OF MONT ANA )
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COUNTY OF GALLATIN )
On this , riC day 0 f /{.,{:_k~'t;? /11 b ('_r_ ,2003, before me, a Notary Public for the State of
,.".,. Montana, personally appeared Joe Mahar, representing Mahar Montana Ilomes, L.L.C., known to me to be the
person that executed the foregoing Annexation Agreement, and acknowledged to me that hc!she executed the
same.
IN WITNESS WHEREOF, I have hereunto set lIlY hand and affixed nlY official seal the day and year first
above written.
(SEAL) -l )1td'
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Mahar Annexation Agreement 1111111111111111111111111111111111111111111111111111111 ~~t~~~0t:P 11
Shelley Vanoe-Gallatin Co MT MISC 102.00
CITY OF BOZEMAN
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8y: CLARK V. JOHNSON, City Manager
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Clerk oftl>e City COI!l!TI1:;sion
STATE OF MONTANA )
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COUNTY (W GALI ,A TIN )
On this 2)'fj_~ay of /,.vUO \k1,b~ ( ,2003, bcfl.1!"e me, a Notary Public for the state of
Montana, personally appeared Clark V. .Johnson and Robin Sullivan, known to me to the persons described in
and who executed the foregoing instrument as City Manager and Clerk of the City Commission respectively, of
the City of Bozeman, whose names are subscribed to the within instrwllent and acknowledged to me that they
executed the sanle for and on behalf of said City.
IN WITNESS WIIEREOF, I have hereunto set my hand and affixed my official seal the day and year first
above written.
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Notary PuhlicFJr the State of Montana
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Shelley Vanoe-Gallatin Co MT MISC 102.00
Mahar Annexation Agreement 12
"
EXHIBIT "A"
WAIVER OF RIGHT-TO-PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICT
FOR A CITY-WIDE PARK MAINTENANCE DISTRICT
The undersigned owner of the real property situated in the County of Ciallatin, State of Montana, and
lllore particularly described as follows:
^ tract of land being the West Half of the Southeast Quarter, the Northeast Quarter of the Southwest
Quarter, and that part of the west 50.00 feet of the East Half of the Southeast Quarter of Section 24,
lying north of the north line of Certificate of Survey No. 482 and its easterly extension, located in
Township 2 South, Range 5 East of P.M.M., Ciallatin County, Montana, including the abandoned 50
foot wide right of way of the Chicago, Milwaukee, St. Paul and Pacific Railroad, conveyed by Deed
recorded on Film 98, Page 3879, records of the office of the Clerk and Recordcr, Gallatin County,
Montana, EXCEPT the following described tracts:
EXCEPTION NO.1: the north 15 rods (247.5 feet) of said West \lalf of the Southeast
Quarter except the east 50.00 feet thereof.
EXCEPTION NO.2: the north IS rods (247.5 feet) of said Northeast Quarter of the Southwest
Quarter
EXCEPTION NO.3: Certificate of Survcy No. 482, according to the plat thereoC on file and
of record in the office of the Clerk and Recorder, Gallatin County, Montana, and containing
28.759 acres
Said property is more particularly described as follows:
Commencing at the South Quarter Corner of said Section 24; thence northerly 0000 14' 01",
assumed azimuth trom north, 990.06 feet along the west line of the Southeast Quarter of said Section
24, to the northwest corner of Certificate of Survey No. 482 and the point of beginning
of the property to be described; thence continuing northerly 0000 14' 0 I " azimuth 326.82 feet along said
west line; thence westerly 2690 02' 57" azimuth 1337.96 feet along the south line of the Northeast
Quarter of the Southwest Quarter of said Section 24; thence northerly 3590 48' 24' azimuth 1082.37 feet
along the west line of said Northeast Quarter of the Southwest Quarter; thence easterly 0890 08' 24'
azimuth 1345_99 feet along the south line of the north ]5 rods (247.5 feet) of said Northeast Quarter of
the Southwest Quarter; thence easterly 0890 47' 24" azimuth 1276.79 feet along the south line of the
north 15 rods (247.5 feet) of the Northwest Quarter of the Southeast Quarter, said Section 24; thence
northerly 0000 10' 00" azimuth 247.50 feet; thence easterly 089047' 57" azimuth 50.00 feet along the
north line of the Northwest Quarter of the Northeast Quarter of said Section 24; thence easterly 0890 17'
33" azimuth 50.00 feet along the north line of the Northeast Quarter of the Noriheast Quarter of said
Section 24; thence southerly 1800 10' 00" azimuth 1650.62 feet along the east line of the west 50.00 feet
of the West llalf of the Southeast Quarter of said Section 24; thence westerly 269" 36' 10' azillluth
1378.47 feet along the north line of Certi fieate of Survey No. 482 to the point of beginning.
Said Tract of land being 3,411,134 square feet or 78.3089 acres rnore or less along with and subject to
any and all existing easements.
Mahar Annexation Agreement 111111111111111111111111111111111111111111111111111111I ~~t~~~0t:P 13
Sh.ll.y Vano.-Gallatln Co MT MISC 102.00
"
. IN CONSIDERATION of receiving approval for annexation of the subject property from the City of
Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt
of which is hereby acknowledged, and in recognition of the impact to City parks 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 lllore special improvement districts for
maintenance olany parks within the annexed area antI/or (~la City-wide Park Maintenance District, which
would provicIe a mechanism for the tail' and equitable assessment of maintenance costs for City parks, or to
make any written protest against the size or area or creation of the district be assessed in response to a duly
passed resolution of intention to create one or more special improvement districts which would include the
above-described property.
This waiver shall be a covenant running with the land and shall not expire with the dissolution of the
corporation, provided however this waiver shall apply to the lands herein described.
The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the successors-
in-interest and assigns of the parties hereto.
DATED this l day of /0 t/ ~l '1.6 <::,tC" , 2003.
LANDOWNER
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.8y: JOE MAHAR, reprcsentrng
MAlIAR MONTANA HOMES, L.IJ:.
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this -</ d. day of A ~h/c?rJ"lA{., (' , 2003, before me, a Notary Public fi)l' the State of
Montana, personally appeared Joe Mahar, representing Mahar Montana Homes, L.L.c., known to me to be the
person that executed the foregoing Annexation Agreement, and acknowledged to me that he/she executed the
Sallle.
Mahar Annexation Agrecmcnt 111111111111111111111111111111111111111 I111111111111111 ~~t~~~0t~P 14
Sh.ll.y Vano.-Gallatln Co MT MISC 102,00
" .
. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the day and year first
above written.
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Sh.ll.y Vano.-Gallatln Co MT MISC 102.00
Mahar Annexation Agreement 15
. .
.
EXHIBIT "8"
,
WAIVER OF RIGHT TO PROTEST
CREA nON OF SPECIAL IMPROVEMENT DISTRICTS
FOR STREET, SIGNALIZATION, SEWER, AND WATER MAIN IMPROVEMENTS
The undersigned owner of real property situated in the County of Ciallatin, State of Montana, and more
particularly described as follows:
A tract of land being the West Half of the Southeast Quarter, the Northeast Quarter of the Southwest
Quarter, and that part of the west 50.00 feet of the East I Ialf of the Southeast Quarter of Section 24,
lying north of the north line of Certificate of Survey No. 482 and its easterly extension, located in
Township 2 South, Range 5 East of P.M.M., Gallatin County, Montana, including the abandoned 50
foot wide right of way of the Chicago, Milwaukec, St. Paul and Pacific Railroad, conveyed hy Deed
recorded on Film 98, Page 3879, records of the office of the Clerk and Recorder, Gallatin County,
Montana, EXCEPT the following described tracts:
EXCEPTION NO. I: the nOtth 15 rods (247.5 feet) of said West Half of the Southeast
Quarter except the east 50.00 feet thereof.
EXCEPTION NO.2: the north 15 rods (247.5 feet) of said Northeast Quarter of the Southwest
Quarter
EXCEPTION NO.3: CcrtiJicatc of Survey No. 482, according to the plat thereof, on file and
of record in the office of the Clerk and Recorder, Gallatin County, Montana, and containing
28.759 acres
Said property is more particularly described as follows:
Commencing at the South Quarter Corner of said Section 24; thence northerly 0000 14' 01 ",
assumed azimuth from north, 990.06 feet along the west line of the Southeast Quarter of said Section
24, to the northwest corner of Certificate of Survey No. 482 and the point of beginning
of the property to be described; thence continuing northerly 0000 14' 01" azimuth 326.82 feet along said
west line; thence westerly 269" 02' 57" azimuth 1337.96 feet along the south line of the Northeast
Quarter of the Southwest Quarter of said Section 24; thence northerly 3590 48' 24' azimuth 1082.37 feet
along the west line of said Northeast Quarter of the Southwest Quarter; thence easterly 089" 08' 24'
azimuth 1345.99 feet along the south line of the north 15 rods (247.5 feet) of said Northeast Quarter of
the Southwest Quarter; thence easterly 0890 47' 24" azimuth 1276.79 feet along the south line of the
north 15 rods (247.5 feet) of the Northwest Quarter of the Southeast Quarter, said Section 24; thencc
nOl1herly 000" 10' 00" azimuth 247.50 feet; thence easterly 0890 47' 57" azimuth 50.00 feet along the
north line ofthe Northwest Quarter ofthe Northeast Quarter of said Section 24; thence easterly 089" IT
33" azimuth 50.00 feet along the north line of the Northeast Quarter of the Northeast Quarter of said
Section 24; thence southerly 1800 10' 00" azimuth 1650.62 feet along the cast line of the west 50.00 feet
of the West Half of the Southeast Quarter of said Section 24; thence westerly 2690 36' 10' azillluth
1378.4 7 feet along the north line of Certi ficate of Survey No. 482 to the point of beginn ing.
Said Tract of land being 3,411,134 square feet or 78.3089 acres more or less along with and subject to
any and all existing casements.
IN CONSIDERATION, of receiving approval for annexation of the subject property from the City of
Bozernan, along with the accompanying rights and privileges and for other valuable consideration, the receipt of
Mahar Annexation Agreement 1111111111111111111111111111111111111111111111111111111 ~~t~~?0t:P 16
Sh.ll.y Vano.-Gallatln Co MT MISC 102.00
"
, which is hereby acknowledged, have waived and do hcreby fix itself, it's successors and assigns, waive the right
to protest the creation of one or more special improvement districts for improvements, including: 1) pm'ing,
curb ami glitter, sidewalk, and .\'tormwater drainage improvements for South I l" A venue, Willow Way, and
Cambridge Drive, 2) signalization improvements for the intersections (~{" South Third Avenue with
Goldenstein Lane and GrafStreet, and 3) trunk sewer and water main improvements to serve the proper(v, or
to make any written protest against the size or area or creation or the district to be assessed in response to a duly
passed resolution of intention to create one or lllore special improvement districts which would include the
above-described property. This waiver shall be a covenant running with the land and shall not expire upon the
dissolution of the company provided however this waiver shall apply only to the lands herein described.
The tenns, covenants and provisions of the Waiver shall extend to, and be binding upon the successors
and assigns of the parties hereto.
DA TED this ,;i/., day of.- No (/<-/1-16 .c. V' , 2003.
LANDOWNER
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BY:VOE MA' A-R, Rel;~~Sc;lti;lg
MAHAR. MONTANA IJOMES, L.L.c.
STATE OF MONTANA )
:ss
COUNTY OF GALLA TIN )
On this L( elL day of __ ~' 0 U t" !/~'1 b'-{T ,2003, berore me, a Notary Public for the State or
Montana, personally appeared Joe 'Mahar, representing Mahar Montana ltomes, L.L.c., known to nle to be the
person that executed the foregoing Annexation Agreement, and acknowledged to me that he/she executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first
above written.
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Mahar Annexation Agreement 111111111111111111111111111111111111111111111111111111I ~~t~~~0t:P 17
Sh.ll.y Vano.-Gallatln Co MT MISC 102,00