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HomeMy WebLinkAbout03- Mahar Annexation Agreement \ MAHAR ANNEXA nON , ANNEXA nON AGREEMF:NT ~." . ~,,^r ~>1 )\/ l ~/ ~ It., b.. .,-' 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 Mahar Anncxation Agreemcnt \ 1/11111111111111111111111111111111111111111111/11111111 ~:t~~r:?~, 1 .-~~~i , ... L , ._- " Snell.y Vanoe-Gallatin Co MT MISC 102.00 ---- . 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 Mahar Annexation Agreement 1111111111111111111111111111111111111111111111111111111 ~:t~~F:?~p 2 Shelley Vance-Gallatin Cc MT MISC 102.00 , 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. Mahar Annexation Agreement 1111111111111111111111111111111111111111111111111111111 ~J ;~~r J~P 3 Shelley Vance-Gallatin Cc MT MISC 10200 - ------ . 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: Mahar Annexation Agreement I11111111111111111111111111111111111111111111111111111I ~~t~~f6!~P 4 Shelley Vance-Gallatin Cc MT MISC 102.00 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. Mahar Annexation Agreement 1111111111111111111111111111111111111111111111111111111 ~~t~~r~?:p 5 Shelley Vanoe-Gallatln Co MT MISe 102.00 , 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. Mahar Annexation Agreement 1I1111111111111111111111111111111111111 1111111111111111 ~~t~~r~?:p 6 Shelley Vance-Gallatin Co MT MISC 102.00 ~ 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. Mahar Annexation Agreement 111111111111111111111111111111111111111111111111111111I ~~tj~r6?~p 7 Sh.l1.y Vanoa-Gall.tln Co MT MIse 102.00 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 Mahar Annexation Agreement 1111111111111111111111111111111111111111111111111111111 ~:t~~rl~p 8 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. Mahar Annexation Agreement 1111111111111111111111111111111111111111111111111111111 ~:t~~r:?~p 9 Sh.ll.y Vano.-Gallatln Co MT MISC 102 00 ----..------------ 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. Mahar Annexation Agreement 1111111 111111111111111111111111111111111111111111111111 ~~t~~~0t:P 10 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 '\ (l t ~. .'v----_ .f-. By: ,,JOE MAHAR, Representing MAHAR MONT ANA HOMES, L.L.c. ST A TE OF MONT ANA ) :ss 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' 'h f b f: (l (' t\ /fl. I tLI,!.><.I,'j 'I I II \ \ III/ flli// (Printed Name llcrc) III' III ""I" \'.)1. (, D-14 11-/1 Notary Public for the State of Montana -:;'C' <:: y, . . . '. 10' ~ '><::./' "0-/ R 'd'.'? i/::;'" "\f\.RIAC.-:t-%_ eSI Il1g at ~~~,:?_(:;~J:11<{f1 - . C - - My Commission Expires:--.0' - ,) c> ",1:.h' k.' ::: lLl . ~ " _.' . ~. ::0 - a: --- .;;: (Use 4 digits for expiration year) ~ *", i;1~ t\.~ ::;; ~ ~ . ,..;. - . <:.. ~':- ~ IS' . . . . A,"<".:;;C 'i /'; ..... :"::",, 'ill AJr8 OF \,1\0 .~.:~' //I~ v\x ///11/11111 \ \ \ III ' Mahar Annexation Agreement 1111111111111111111111111111111111111111111111111111111 ~~t~~~0t:P 11 Shelley Vanoe-Gallatin Co MT MISC 102.00 CITY OF BOZEMAN \ ~....:::-\:-:~J .___..__....... 8y: CLARK V. JOHNSON, City Manager (tlL~ Clerk oftl>e City COI!l!TI1:;sion STATE OF MONTANA ) :ss 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. (SEAL) : ... 1-iJ> li' i J€tU( Vi ! v);\_ (- (Printed Name Ilcre) , Notary PuhlicFJr the State of Montana Residing at f')(-u' I.tli~_\l't..::, My Commission Expires:~~rz...5/-2-:"c('7 (Use 4 digits for expiration year) 1111111111111111111111111111111\ 11111111111111111111111 ~:t~~~.?:: 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 , ~"~'i -I ~, ,'.' ,'; " / /" , -' 'l....:=---_-: ___ .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. (SEAL) /7 " -1 r4 cI (,~V:"1. ;;:.Q \1 lliJ)('tri.\. if, . . ' , II \ I \ \ " II !/ Ii Ii Ii // (Printed Name Here) " NI ~ I"~ Notary Public for the State of Montana _>,,-,\':. ~ . 'iD/1 '/(j;;. ,':-' <: ,,-, . . . . . . 1-' '/ R 'd' ",--;> ,~?~ y../). . " ./ J~. .;~ eSI II1g at I"-'";>o:z, -e i h {<-II _":; QJ .-' r fl i ~ ,(? ;:.c My Comlllission Expires: "'l - ",) () - ~;. (; l' G) c-' '_". \ \ ) \ .' ,- L ,I :: ==' ci . \-, ,,' __ '. . (Use 4 digits for expiration year) . *:c, '":k' C' V -. ~ ~" . ')' ---. . "c -'" \;,\S~ .". -. . . -. . ,{~(:,:::-: </>/,,1'(, C'F HO\\.::;Y . JI..Ifl j Ii \\\\\ "'! fi f! l!i II \ \ \ II. 111111111111111111111111111111111111111111111111111111I ~:t~!.~.?:~P 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 ".j .' 6:;"/~/_'--' ", - f /,- l.- L-__...-_.__ 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. \ \ \ II \ \ \ 11/1 Ii/II (S'EAL') ,\\\ ' 1/1 , '0"'\ \>" MAD 1,//<-:'0 "1 ;}:- (,'010. ' .' .- " , .14;?s~ he b {;'{!; e t\_ I ll, i-In (1 (,\ (VI S G' >L- ........ V . () ..... L.. ---- 2,0::) .', ' ,',,~ /', 0 ~ (Printed Name Here) -- ~--i "-1 $- ~ Q~ : '- '-: ~ Not~l? Public f~J; the State of Montana % * " !' L . * if Resldmg at \-~){Iz.-e vJIL (llL___ ,%__<'~'. ,,- ,"-i!.d~ MyCommissionExpires:q--)O',}DOv ,.;:;- -1i'i . . , . Q\0'{-0v' (Use 4 digits for expiration year) ///1/11 OF \\;\ .\\\\'> I//! 1'1111 \ \ \ \ \\\,' Mahar Annexation Agreement 111111111111111111111111111111111111111111111111111111I ~~t~~~0t:P 17 Sh.ll.y Vano.-Gallatln Co MT MISC 102,00