HomeMy WebLinkAbout05- Cattail Creek III Annexation Agreement
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Sh.ll.y Vano.-Gallatln Co MT MISC 125.00
CA TT AIL CREEK HI
. ANNEXATION AGREEMENT
. THIS AGREEMENT made and entered into this _:l\=~~_ day of___:l-\j..,\~
______, 2005, 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, Bozerl1an, Montana 59771-0640, hereinafter referred to as "City", and
SANDAN, L.L.C, represcnted by SancIra llamilton, P.O. Box 1254, Bozeman, Montana 597711254, hereinafter
referred to as "Landowner".
WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafter referred to as the
CATTAIL CREEK llT ANNEXA TlON tract situated in Gallatin County, Montana, and more particularly
described as follows:
A tract of land, said tract being a portion of Tract I, Certificate of Survey No. 2050, located in
the Northwest Quarter of Section 35, Township 1 South, Range 5 East, Principal Meridian
Montana, Gallatin County, Montana, and being more particularly described as follows:
Beginning at the northwest corner of said Section 35; thence North 89045'15" East, along the
north line of said Section 35, a distance of 1888.46 feet to the northwest corner of the parcel
annexed to the City of Bozeman in Doc. No. 2034523; thence South OOC'13'52" West, along the
west line of said parcel, a distance of 830.42 feet to the north line of the plat of Cattail Creek
Subdivision, Phase 1; thence South 89044'23" West, along said north line and the north line of
the plat of Cattail Creek Subdivision, Phase 2, a distance of 1887.35 feet to a point on the west
line of said Section 35; thence NOlth 00009'17" East, along said west line, a distance of 830.89
feet to the Point of Beginning. The described parcel contains 36.00 acres, more or less
WHEREAS, the Landowner has petitioned the City for annexation of said tract of land; and
WHEREAS, the CATTAiL CREEK III ANNEXATION is not within the corporate limits of the City
or other lllunicipality and may therefore be annexed to the City jn accordance with the provisions of this
Agreement and M.C.A. Title 7, Chapter 2, Part 43.
WHEREAS, all parties recognize that the annexation of the CA TTAIL CREEK llT ANNEXATION
pursuant to Section 7-2-4305, 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 7-2-4305 provides that a municipality and landowner can agree to thc
provisions of services to the area to be annexed; and
I Cattail Creek III Annexation Agreement 1
WHEREAS, the City's present water supply and sewer collection system is insufficient to enable it to
supply rcasonably adequate water and sewer serviec to additional customcrs outside the present city boundaries;
and
WHEREAS, all parties recognize that the development of the CATTAIL CREEK III ANNEXATION
will impact area streets, and that future improvements may require additional public street illlprovements for
traffic circulation; and
WHEREAS, the Landowner wishes to convey to the City certain water rights or take some equivalent
action to provide water and sewer service to the CATTAIL CREEK III ANNEXA TION; and
WHEREAS, the Landowner finds that this Agreement will provide for the most satisfactory and
dependable watcr supply and sewer supply or service available to furnish water and wastewater collection, and
provide tratlic circulation for development near and within the C'ATTAlL CREEK 111 ANNEXA TION; and
WHEREAS, the making and performance of this Agreement is desirable to promote the developlllent
of the lllost 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
WHEREAS, the securing of an adequate water supply, wastewater collection, and tratlic 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 welfare of the community to enter into and implement this
Agreement.
WIT N F: SET H:
IN CONSIDERATION of the mutual covenants and agreements herein contained, the parties hereto
agree as follows:
l. Recitals
The above recitals are true and correct.
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Sh'llay Vano.-Gallatln Co MT MISC 126.00
I Cattail Creek III Annexation Agreement 2
2. Annexation
The Landowner filed an application for annexation of the CATTATL CREEK III ANNKYA110N with
the City on February 25, 2004. The City, on June 7, 2004, adopted a R.esolution of Intent to Annex the
CATTAIL CREEK TT1 ANNhXAT1ON. By execution of this Agrecment, the City has manifested its
intcntlon to anncx the CATTAIL CREEK III ANNEXA T10N tract pursuant to the terms and conditions of
this Agreement. Subject to the provisions of Title 7, Chapter 2, Part 43, the City shall, upon exccution of
this Agrecment, adopt a Resolution of Annexation of thc CATTAIL CREEK III ANNKYA110N 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 thc terms, conditions and provisions of this Agreement and
effectuate the annexation ofthe CA 1'1' AIL CREEK III ANNEXA 110N tract to the City.
3. Scrvices Provided
The City will, upon annexation, make avaiJable only existing City services to the extent currently
available, including municipal water service, municipal sewcr service, police protection, and fire protcction, to
the CATTAIL CREEK III ANNEXATION, as provided in this Agreement.
4. Municil>al Watcr Service Dcfincd
The term "municipal water service" as is used in this agreement shall bc the service which is suppl ied by
thc City in accordance with Chapter 13.12, Bozeman Municipal Codc, or as may be amended, as well as any
other tcrms and conditions which apply to the City's provision of this service. Thc term docs not contemplate
the extension of lines or construction of necessary improvemcnts at any cost to the City f()r delivery of watcr to
and within the CATTAIL CREEK III ANNEXATION. Nothing in this Agrecment shall obligate the City to
pay f()I' right-of-way acquisition, engineering, construction, and other costsl(lI" the dclivery of water to or within
the CATl'An CREEK III ANNKYATJON to include, but not limited to, any impact fees, hook-up, connection,
or development charges which have been or may be established by the City.
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Sh.ll.y Vano.-Gallatln Co MT MISC 125.00 005 04, 19P
I Cattail Creek III Annexation Agreement 3
5. Municipal Sewer Service Defined
The term "municipal sewer service" as is used in this Agreement shall he the service which is supplied
by the City in accordance with Chapter 13.24, Bozeman Municipal Code, or as lllay be amended, as well as any
other terms and conditions which apply to the City's provision of this service. The term does not contelllplate
the extension of lines or construction of necessary improvements at any cost to the City for collection of sewage
at and within the CATTAIL CREEK III ANNEXATION. Nothing in this Agreemcnt 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 CATTAIL CREEK III ANNhXATTONto include, but not limited to, any impact fecs, hookup,
connection, or development charges which may be established by the City.
6. Water Ri!!hts
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 thereof, 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 systelll, 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.
Section 2, No.5, Commission Resolution 3137, Adopted August 19, 1996
The Landowner understands and agrees that they must provide sufficient water rights in accordance
with the City's policy according to the following schedule:
CATTAIL C'REEK llT ANNEXATION, consisting (JIa tutal (~l36.004-I. acres, priur to/illal
plat approval ami/or site plan review approval, which ever occurs first..
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 caleulation. The Landowner 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 for the property at the time such calculation
is made.
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Sh.llly Vano.-Gallatln Co MT MIse 125.00
I Cattail Creel{ III Annexation Agreement 4
7. Comnrehensive Water and Water Desi2n Renort
Prior to future development of the property, the Landowner may be required to have prepared by a
Professional Engineer, at Landowner's expense, a cOlnprehensive design report evaluating existing capacity 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 report findings must demonstrate adequate capacity to serve
the full development of the land. If adequate infrastructure capacity is not available for full development, the
repOli must identify necessary system illlprovements required for full development. The Landowner agrees to
complete at Landowner's expense, the necessary system improvements to serve the full development.
8. Future Develonment Limitations
Landowner understands and agrees that substantial I im itations 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 for 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 developmcnl. TI1US, Landowner understands and agrees that there
is no right, either granted or implied by the City, for the Landowner to develop any of the CATTAIL CREEK
III ANNEXATION 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 CA TTAlL
L'REEK llT ANNEXA TION.
9. Stormwater Master Plan
Landowner understands and agrees that a Storm water Master Plan for the CA TT AlL CREEK llT
ANNEXA TlON for a system designed to remove solids, oils, grease, and other pollutants from the runoff from
the public streets may be required to be provided to and approved by the City Engineer at the time of any future
development. The master plan, if required, must depict the maximum sized retention/detention basin location
and locate and provide easements fix adequate drainage ways within the area to transport runoff to the
storl11water receiving ehannel(s). The plan shall include site grading and elevation information, typical
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Sh.llay Vanoa-Gallatln Co MT MIse 126.00
I Cattail Creek III Annexation Agreement 5
storm water detention/retention basin and discharge structure details, basin sizing caleulations, and stormwater
maintenance plan.
10. Waiver of Ri1!ht-to-Protest Special Improvement Districts
Landowner has executed a Waiver 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-Protest Creation of Special Improvement Districts, which would provide a mechanism for the fair
and equitable assessment of maintenance costs for such parks, is attached hereto as Exhibit "A", and is hereby
incorporated in and made a part of this Agreement.
I,andowner has further executed a Waiver of Right-to-Protest Creation of Special Improvement Districts
for improvements, including: I) street improvements including but not limited to paving, curb and gutter,
sidewalk, stormwater drainage improvements to Davis Lane, Valley Center Road, North 2ih Avenue, and 2)
signalization improvements at the intersections of North 2ih Avenue/Valley Center Road, Davis Lane/Hulbert
Road, and Ilulbert Road/North 2ih Avenue, is attached hereto as Exhibit "BOO, and is hereby incorporated in and
made a part of this Agreement.
J,andowner agrees that in the event 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 inlprovements
on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the
property, traffic contribution from the development or a cOlllbination thereof.
1t. Utility Easements
The Landowner understands and agrees that utility easements, a minimum of thirty (30) feet in width,
may be necessary for the installation and maintenance 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).
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Sh.ll.y Vano.-Gallatln Co MT MISC 126,00
I Cattail Creek III Annexation Agreement 6
12. Impact Fees
Landowner and Landowner/Developer hereby acknowledge that annexation and development of their
property will impact the City's existing street, water and sewer inli'astrueture, and fire service requirements. At
the time new structures apply to the City's Water and Sewer facilities, the Landowners shall pay all Water and
Sewer Impact Fees, which arc due. The Landowncr and Landowner/Developer and their successors shall pay all
Fire, Street, Water and Sewer Impact Fees required by chapter 3.24, Bozeman Municipal Code, or as amended,
at the time of application for any permit listed in Section 3.24.050A, 3.24.060A, 3.24.070A, or 3.24.080A,
respectively. If the impact fees currently imposed pursuant to Chapter 3.24 of the Bozeman Municipal Code are
subsequently voided or declared invalid by a court of competent jurisdiction, Landowner agrees to pay the City
fees or assessments established by the City for impact on City services in accordance with a new or revised
Chapter of the Bozenmn Municipal Code lawfully enacted as a result of such court decision after the date of the
court decision. It~ prior to enactment of such revised Chapter, the Landowner, applies for any penllit, which
actuates or would have actuated impact fees pursuant to the current Chapter 3.24 of the Bozeman Municipal
Code, the Landowner further agrees to pay at that time, the amount caleulated for all such fees based upon the
rates established at the date of this agreement.
If the Court above declares Chapter 3.24 of the Bozeman Municipal Code invalid, and if I,andowner
would have becn entitled to a refund under the court's decision but were it not for the sole fact of the Landowner
paying impact fees because ofthis agreement, then all such impact fees paid prior to the court's decision shall be
held in escrow until a revised Chapter of the Code is enacted after the Court's decision.
At the time the revised code is enacted, then all such fees held in escrow shall be releascd 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.
I,andowner 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
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Sh.ll.y Vano.-Gallatln Co MT MISC 125,00
I Cattail Creek III Anncxation Agrecmcnt 7
"project related improvements" as defined in Chapter 3.24, Bozeman Municipal Code, or as amended, and as
such, arc not eligible for impact fee credits.
If Landowner def~1ults on this condition at the time such is to be performed, and should dcfault not be
rcmed 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 inlmediately due and payable 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 judgment. In addition, the City may, at its option,
enforce paymcnt of such amount by levying an assessment on the prernises.
B) Elect any other remedy avai lable to City under the laws of the State of Montana.
C) Any waiver by City of any default shall not be construed as a waiver of any subsequcnt
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 Bozeman 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 either limiting impact fee payments under
annexation agreements to specified amounts, or prohibiting any such payment,
landowner will pay such amount as specified above.
13. Public Street and Utility Eascmcnts
The Landowner understands and agrees that public street and utility easements fix Hulbert Road and
Davis Lane for one half of a minor arterial standard, and additional easement for North 2ih A venuc fl)r a full
collector standard as shown in the Transportation Plan, shall be necessary for fLrture improvements to Hulbert
Road, Davis Lane, and North 27th A venue. The Landowner shall create such easements in locations determined
agreeable to the City during annexation of said tract of land,
14. 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 the sale of any land with the L'ATTAIL CREEK III ANNEXA TlON. The parties further
agree that the City may file these documents at any time.
15. GovcrniIll:! Law and Venue
This agreelllent shall be construed under and governed by the laws of the state of Montana. In the event
of litigation, venue is in the Eighteenth Judicial District Court, in and for County of Gallatin, State of Montana.
I Cattail Creek III Annexation Agrcemen 1111111111111111111111111111111111111111111111111111111 ~~~~~?~~~p 8
Sh.ll.y Vano.-Gallatln Co MT MISC 125.00
16. Attorney's Fees 1111111111111111111111111111111111111111111111111111111 ~~;~10:~~
Sh.ll.y Vano.-Gallatln Co MT MIse 126.00
In the event it becomes necessary for 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.
17. Waiver
No waiver by either party of any breach of any term, covenant or agreement shall be deemed a waiver of
the same or any subsequent breach of this same or any other term, covenant or agreement. No covenant, teflll or
agreement shall be deemed waived by either party unless waived in writing.
18. Invalid Provision
lhe invalidity or unenforceability of any provlsron of this agreement shall not affect the other
provisions hereof~ and this Agreement shall be construed in all respects as if such invalid or unenforceable
provision were omitted.
19. Modifications or Alterations
No modifications or amendment of this Agreement shall be valid unless evidenced by a writing signed
by the parties hereto.
20. No Assil?:nmcnt
It is expressly agreed that the Landowner and/or I _andowner/Developer shall not assign this Agreement
in whole or in part without prior written consent of the City.
21. Succcssors
This Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties hereto
and their respective heirs, successors and assigns.
22. Covcnants to Run with the Land
The parties intend that the terms of this Agreement shall be covenants running with the land and shall
not expire at their deaths or upon transfer of ownership of the property.
The undersigned 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 Agreement
I Cattail Creek III Annexation Agreement 9
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and
year first above written.
LANDOWNER
-.
...,
By: , andra Hamilton, Representing
SANDAN, L.L.c.
STATE OF MONTANA )
;ss
COUNTY OF GALLA TIN )
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On this .J.., \ day of ~ U . '-t------' 2005, before me, a Notary Public for the State of
Montana, personally appeared Sandra Hamilton, representmg SANDAN, L.L.e., 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 WIIEIU":OF, I have hereunto set my hand and affixed my official seal the day and year first
above written.
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I Cattail Creek III Annexation Agreement 10
CITY OF BOZEMAN
.
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By: CHRIS A. KUKULSKI, City Manager
^ TTEST:
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Clerk of the City Commission
STATE OF MONTANA )
:ss
COUNTY OF GALLA TIN )
On this I ';,rltday of_~(l{,v( r , 2005, before me, a Notary Public for the state of
Montana, personally appeared Chris Kukulski and Robin Sullivan, known to nle to the persons described in and
who executed the foregoing instrument as City Manager and Clerk of the City Commission respectively, ofthc
City of Bozeman, whose names are subscribed to the within instrument and acknowledged to me that they
executed the same for and on behalf of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first
above written.
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I Cattail Creek III Annexation Agreement II
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Sh.ll.v Vano.-Gallatln Co MT MISC 125.00
EXHIBIT "A"
.
WAIVER OF RIGHT-TO-PROTEST
. CREA TION OF SPECIAL IMPROVEMENT DISTRICT
FOR A CITY-WIDE PARK MAINTENANCE DISTRICT
The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and
more particularly described as follows:
A tract orland, said tract being a portion of Tract 1, Certificate of Survey No. 2050, locatcd in
the Northwcst Quarter of Section 35, Township 1 South, Range 5 East, Principal Meridian
Montana, Gallatin County, Montana, and being more particularly described as 1ollows:
Beginning at the nOlthwest corner of said Scction 35; thence North 89045'15" East, along the
north line of said Section 35, a distancc of 1888.46 feet to the northwest corner of the parcel
annexed to the City of Bozeman in Doc. No. 2034523; thence South 00013'52" West, along the
west line of said parccl, a distance of 830.42 feet to the north line of the plat of Cattail Crcek
Subdivision, Phase 1; thence South 89044'23" West, alo11g said north line and the north line of
thc plat of Cattail Creek Subdivision, Phasc 2, a distance of 1887.35 feet to a point on the west
line of said Scetion 35; thence North 00009'17" East, alollg said west line, a distance of X30.X9
feet to the Point of Beginning. Thc described parcel contains 36.00 acres, more or less
IN CONSIDERATION of receiving approval for annexation of the subject propelty 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 more special improverllent districts t't.1r
maintenance (~l any parks within the annexed area (lIld/or of a City-wide Park Maintenance District, which
would provide a mechanism for the fair 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 illlprovement 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.
I Cattail Creek III Annexation Agreement 12
The terms, covenants and provisions ofthe Waiver shall extend to, and be binding upon the successors-
.
in-interest and assigns of the parties hereto.
DATED this fi,..rJ-ay of '-'T~.A. \....,Au, 2005.
\
LANDOWNER
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By: Sandra Hamilton, Representing
SANDAN, L.L.C.
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this a. \ "S~. day of ~-S-~ \ "'-\ ,2005, before me, a Notary Public for the State of
Montana, personally appeared Sa~ldra Hamilton, r€presenting SANDAN, 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.
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Sh.ll.y Vano.-Gallatln Co MT MISC 125.00
I Cattail Creek III Annexation Agreement 13
.
EXHIBIT "B"
.
WAIVER OF RIGHT TO PROTEST
. CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR DAVIS LANE, V ALLEY CENTER ROAD, AND NORTH 27TII A VENUE
STREET IMPROVEMENTS
The undersigned owner of real property situated in the County of Gallatin, State of Montana, and more
particularly described as follows:
A tract ofland, said tract being a portion of Tract 1, Certificate of Survey No. 2050, located in
the Northwest Quarter of Section 35, Township 1 South, Range 5 East, Principal Meridian
Montana, C-i-allatin County, Montana, and being more particularly described as follows:
Beginning at the northwest corner of said Section 35; thence North 89045'15" East, along the
north line of said Section 35, a distance of 1888.46 feet to the northwest corner of the parcel
annexed to the City of Bozeman in Doc, No. 2034523; thence South 00013'52" West, along the
west line of said parcel, a distance of 830.42 feet to the north line of the plat of Cattail Creek
Subdivision, Phase I; thence South 89044'23" West, along said north line and the north line of
the plat of Cattail Creek Subdivision, Phase 2, a distance of 1887.35 feet to a point on the west
line of said Section 35; thence North 00009'17" East, along said west line, a distance of 830.89
feet to the Point of Beginning. The descrihed parcel contains 36.00 acres, more or less
IN CONSIDERA nON, of receiving approval for annexation of the subject property from the City of
Bozelllan, along with the accOlllpanying rights and privileges and for other valuable consideration, the receipt of
which is hereby acknowledged, have waived and do hereby for itself~ it's successors and assigns, waive the right
to protest the creation of one or lllore special improvement districts for improvements, including: 1) street
improvements including but not limited to paving, curb and gutter, sidewalk, storm water drainage
improvemcnts to Davis Lane, Vallcy Ccnter Road, and North 27th Avenue, and 2) signalization
improvcments at the intersections of North 27th Avenue/Valley Center Rmul, Davis Lanc/llulbert Road,
and Hulbert Road/North 2ih Avenue, or to make any written protest against the size or area or creation of the
district to be assessed in response to a duly passed resolution of intention to create one or more special
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.
1111111111111111111111111111111111111111111111111111111 ~~5~!.~'~ ~p
Sh.ll.y Vano.-Gallatln Co MT MIse 125.00
I Cattail Creek III Annexation Agreement 14
The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the successors
.
and assigns of the parties hereto.
, ","'..'\ \ ~~ ~_._'
DATED this ---.ai_ day of ''l<...\-Lc\ ,2005.
LANDOWNER "
j
.~~;tjf
By: Sandra Hamilton, Representing ",,"-
SANIJAN, L.L.C.
STATE OF MONTANA )
:ss
COUNTY OF GALl ,A TIN )
On this ~I \S~ day of, -, ') "v... \::,1- , 2005, before nle, a Notary Public for the State of
Montana, personally appeared Sandra Hamilton, representing SANDAN, L,.I,.C., known to me to be the person
that executed the fi)t'egoing Annexation Agreement, and acknowledged to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set IllY hand and affixed my official seal the day and year first
above written. 1 1\ ,~",'
(SE^L)J~\J~, ~~(L}~\~_Ji~
\ (\_ f' ~_ L \(,_e \-\(\.c~ ~ ~ <<-,. . _____
(Printed Name I Icre)
.' \ J:.. r~ l..J'i'll/.z Notary Public for the State of Montana
:--'- .....\.-~.. 1<1 ~ '
if <<;-'i'-. . . . . . . ~ ~% Residing at \~ Cy__e~,'v~{" "
~~.' aiAR/.II . .~"%. My Commission Expires: ___~: tL~\ )C~(!
- . _\ "l'" (U 4 d" f' .. ') \1) \
:: . \'" . -: se 19lts or expIratIon year
S*' -.-L :*i
- . -
:= 110 ;:::
~ . SEA .~;::;
~<Pl..'. . ~~
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~",~.,..,.,.(" ~
'/' . ,...'.~,;\' ~
,....... OF 1,.'..1' .,.-':'
';'1// . .. , \ ' '
/II/lillll\\\\\'\'
11111/1111111111111111111111111111111111111111111111111 ~~;~l?,~~,
Sh.llay Vano.-Gallatln Co MT MISC 126,00
I Cattail Creek III Annexation Agreement 15