HomeMy WebLinkAbout20- Annexation Agreement - 2504 W Mendenhall Street - Skelton Inter-office Original to: 2673767 l2020 01:54:52 PM Fee: $133.00
City of Bozeman Eric SemekkrkkIadlI - Gallatin County, M7 ff II IMISC
City Clerk
PO Box 1230
Bozeman MT 549771-1230
2504 W MENDENHALL STREET
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this day of Jc n vcu-y , 2020,
by and between the CITY OF BOZEMAN, a municipal corporation and self-governing political
subdivision of the State of Montana with offices at 121 N. Rouse Avenue, Bozeman, Montana 59771-
0640,hereinafter referred to as"City",and Tanner J.and Vanessa E. Skelton,2504 W Mendenhall Street,
Bozeman MT 59715, hereinafter referred to as "Landowner".
WITNESSETH:
WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafter referred
to as the 2504 W MENDENHALL STREET ANNEXATION situated in Gallatin County,Montana,and
more particularly described as follows:
An area of land comprised of and described as follows:
Lot 1 of the Simkins Subdivision (Plat F-32 in the records of the Gallatin County Clerk
and Recorder) (0.388 acres)
2504 W. Mendenhall Annexation Agreement 1
2673767 Page 2 of 19 02/21/2020 01 .54.52 PM
WHEREAS,the Landowner petitioned the City for annexation to the City of said tract of land;
and
WHEREAS,the 2504 W MENDENHALL STREET ANNEXATION 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 Agreement and Title 7, Chapter 2, Part 46, Mont. Code Ann.; and
WHEREAS, all parties recognize the annexation of the 2504 W MENDENHALL STREET
ANNEXATION pursuant to Section 7-2-4601, et seq., Mont. Code Ann. will allow the 2504 W
MENDENHALL STREET ANNEXATION to connect to and utilize City services,including municipal
water and sewer service, fire service, and the City's street system, among others; and
WHEREAS, Section 7-2-4610, Mont. Code Ann. provides that a municipality and landowner
can agree to the provisions of services to the area to be annexed; and
WHEREAS,due to emergency conditions for provision of wastewater the City and Landowner
have entered into an Agreement for Public Sanitary Sewer and Water Connection and Consent to
Annexation for the area to be annexed; and
WHEREAS, the parties recognize additional development on the 2504 W MENDENHALL
STREET ANNEXATION will impact all city services including but not limited to area streets, water,
sewer, and fire services, and that future improvements may require additional improvements to streets,
water, sewer, or other facilities necessary to provide services to the 2504 W MENDENHALL STREET
ANNEXATION; and
WHEREAS, the Landowner finds this Agreement will provide for the most satisfactory and
dependable water service and sewer service; and
2504 W. Mendenhall Annexation Agreement 2
2673767 Page 3 of 19 02/21/2020 01 :54:52 PM
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.
WITNESSETH:
IN CONSIDERATION of the mutual covenants and agreements herein contained, the parties
hereto agree as follows:
1. Recitals
The above recitals are true and correct.
2. Annexation
The Landowner filed an application for annexation of the 2504 W MENDENHALL STREET
ANNEXATION with the City on Ocfi64 c,- 11 ,2019. By execution of this Agreement,
the City manifests its intent to annex the 2504 W MENDENHALL STREET ANNEXATION tract
pursuant to the terms and conditions of this Agreement. Subject to the provisions of Title 7, Chapter 2,
Part 46, Mont. Code Ann. the City Commission may, upon execution of this Agreement by the
Landowner, adopt a Resolution of Annexation of the 2504 W MENDENHALL STREET
ANNEXATION. If the Bozeman City Commission adopts a Resolution of Annexation, upon the
execution of this Agreement by the City, the Landowner shall do all things required by this Agreement
and all things necessary and proper to aid and assist the City in carrying out the terms, conditions and
provisions of this Agreement and to effect the annexation of the 2504 W MENDENHALL STREET
ANNEXATION.
3. Services Provided
2504 W. Mendenhall Annexation Agreement 3
2673767 Page 4 of 19 02/21/2020 01 :54:52 PM
The City will, upon annexation, make available to the 2504 W MENDENHALL STREET
ANNEXATION existing City services only to the extent currently available, or as provided in this
Agreement.
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 40, Article 2, Bozeman Municipal Code, as amended,
as well as any other terms and conditions which apply to the City's provision of municipal water service
but does not include the extension of lines or construction of necessary improvements at any cost to the
City for delivery of water to and within the 2504 W MENDENHALL STREET ANNEXATION.
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 2504 W MENDENHALL
STREET ANNEXATION 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.
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 40, Article 3, Bozeman Municipal Code, as amended,
as well as any other terms and conditions which apply to the City's provision of this service but does not
include the extension of lines or construction of necessary improvements at any cost to the City for
collection of sewage at and within the 2504 W MENDENHALL STREET ANNEXATION. 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 2504 W MENDENHALL STREET
ANNEXATION to include, but not limited to, any impact fees, hookup, connection, or development
charges which may be established by the City.
2504 W. Mendenhall Annexation Agreement 4
2673767 Page 5 of 19 02/21/2020 01 :54:52 PM
6. Water and Sewer Connections
Landowner understands and agrees that consistent with the Agreement for Public Sanitary Sewer
and Water Connection and Consent to Annexation and under no conditions not later than 60 days after
the City Commission approval of the Annexation Agreement,the existing residence on the property must
be connected to City water and sewer utilities. Water and sewer services must be constructed in
accordance with design and specifications approved by the City prior to the installation of the water and
sewer lines. Landowner must contact the City Water and Sewer Division to obtain details of construction
requirements. Landowner must notify the City Water and Sewer Superintendent a minimum of 48 hours
prior to construction of the services and disconnection of the well and septic system abandonment.
Landowner further understands and agrees that prior to connection to the City water and sewer
system, the existing on-site sewage treatment system must be properly abandoned and certification
provided to the City Water and Sewer Division that the abandonment occurred. The Landowner must
report the abandonment to the Gallatin City County Health Department. In addition to abandonment of
the septic tank and leach field,the applicant must demonstrate that the sanitary sewer line from the house
to the septic tank has been completely disconnected from the existing septic system prior to the
Landowner connecting the sanitary sewer line coming from the house to the City sanitary sewer system.
Any wells presently used for domestic purposes may be retained for irrigation only, with no
physical connection to domestic water piping. Certification that there is no physical connection between
an on-site well and the domestic water line coming from the City's water supply to the house must be
provided.The City Water and Sewer Division may perform an inspection of the property and certify that
the disconnection of the well and septic system abandonment are properly completed. Landowner
understands and agrees that if Landowner fails to properly abandon the existing septic system and/or
fails to disconnect the existing well from the domestic water piping as required herein the City may upon
2504 W. Mendenhall Annexation Agreement 5
2673767 Page 6 of 19 02/21/2020 01 :54:52 PM
ten day's written notice to the Landowner terminate water and/or sewer services to the property. Costs
of all disconnects and/or subsequent reconnects shall be borne by Landowner.
7. Water Rights
The Landowner specifically recognizes and agrees that provisions for water rights or cash in-lieu
of water rights shall be provided upon further development or subdivision of the property in accordance
with Section 38.23.180, Bozeman Municipal Code. The amount of water rights or cash-in-lieu thereof
due at the time of further development or subdivision of the property will be calculated based on the
annual demand for volume of water the development will require multiplied by the most current annual
unit price in effect on the date the water rights are transferred or payment-in-lieu of water rights is to be
made to the City. As such, the Landowner acknowledges that the rates for cash in-lieu of water rights
may increase over time as established by Resolution of the City Commission. Payment of$1,488.00 for
cash-in-lieu of water rights for the existing two-household structure on the property is due at the time of
connection to the municipal water system.
8. Future Development Limitations
The Landowner shall be responsible for installing all facilities required to provide full municipal
services to the property in accordance with the City's infrastructure master plans and all City regulations,
policies and guidelines that may be in effect at the time of any future development. Thus, Landowner
understands and agrees that there is no right, either granted or implied, for the Landowner to further
develop any of the 2504 W MENDENHALL STREET ANNEXATION until it is verified by the City
that the necessary municipal services, including but not limited to police and fire protection, streets,
sewer and water capacity, and stormwater systems are available to the 2504 W MENDENHALL
STREET ANNEXATION. Notice is thus provided to the Landowner that prior to additional
development of the property, the Landowner will be solely responsible for installing, at Landowner's
2504 W. Mendenhall Annexation Agreement 6
2673767 Page 7 of 19 02/21/2020 01 :54:52 PM
sole expense, any facilities or infrastructure required to provide full municipal services to the 2504 W
MENDENHALL STREET ANNEXATION in accordance with the City's infrastructure plans, adopted
growth policy, and all other city regulations, policies and guidelines that may be in effect at the time of
development.
9. Waiver of Right-to-Protest Special Districts and Special Improvement Districts
A. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Districts for
the maintenance of any parks and trails within the City. The Landowner agrees such a special district
will provide a mechanism for the fair and equitable assessment of maintenance costs for parks and trails.
The waiver is attached hereto as Exhibit "A" and is hereby incorporated in and made a part of this
Agreement.
B. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Districts or
Special Improvement Districts (SID) for street improvements including paving, curb and gutter,
sidewalk and stormwater drainage facilities for N. 25th Avenue and W. Mendenhall Street. Landowner
agrees such a special district or SID will provide a mechanism for the fair and equitable assessment of
construction and maintenance costs for such improvements. The waiver is attached hereto as Exhibit
"B" and is hereby incorporated in and made a part of this Agreement.
C. Landowner agrees that in the event a special district or SID is not used for the completion
of these improvements as described in subsections A and B above,the Landowner shall participate in an
alternative financing method for the completion of said improvements 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 combination thereof.
10. Payback Districts
2504 W. Mendenhall Annexation Agreement 7
2673767 Page 8 of 19 02/21/2020 01 :54:52 PM
The 2504 W MENDENHALL ANNEXATION is within multiple infrastructure payback districts.
Landowner agrees to pay the following paybacks at the time of application for annexation.
a. SID 683 (West Babcock)payback amount of$2,155.37 (Two Thousand One Hundred Fifty-
Five dollars and Thirty-Seven cents)
b. HRDC 10" sewer payback amount of$33.81 (Thirty-Three dollars and Eighty-One cents)
c. Main Mall sewer payback amount of $169.02 (One Hundred Sixty-Nine dollars and Two
cents)
11. Street 1m rovements
The Landowner understands and agrees that at the time of future development the portion of N.
25th Avenue and W. Mendenhall Street fronting this property will be required to be improved to a City
standard at Landowner's expense.
12. Impact Fees
Landowner acknowledges that annexation and any future development of their property will
impact the City's existing street,water and sewer infrastructure,and the City's fire service. As approved
by the City, the land owners and their successors shall pay:
A) Fire impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC,or as amended, at
time of issuance of building permit.
B) Transportation impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as
amended, at time of issuance of building permit.
C) Water impact fees as required by Chpt. 2,Art. 6. Div. 9 BMC,or as amended, at the time
of connection to city water.
D) Sewer impact fees as required by Chpt. 2,Art. 6. Div. 9 BMC, or as amended, at the time
of connection to city sewer.
The amount of impact fee to be paid for connection to the city's water and sewer services shall
be calculated based on the provisions of the Bozeman Municipal Code, as amended,in effect at the time
of application for a permit to connect. The amount of street or fire impact fees to be paid, if any, shall
2504 W. Mendenhall Annexation Agreement 8
2673767 Page 9 of 19 02/21/2020 01 :54:52 PM
be calculated based on the provisions of the Bozeman Municipal Code, as amended, in effect at the time
an application for building permit is submitted.
Landowner further understands and agrees that any improvements, either on-site or off-site,
necessary to provide connection of the 2504 W MENDENHALL STREET ANNEXATION municipal
services and which are wholly attributable to the property as determined exclusively by the City are
considered "project related improvements" as defined in Chapter 2, Article 6, Division 9, Bozeman
Municipal Code, as amended, and as such, are not eligible for impact fee credits.
If Landowner defaults on this condition at the time such is to be performed, and should default
not be remedied or corrected within thirty (30) days after written notice by City to the Landowner and
Landowner of such default, City may at its option:
A) Declare the amounts owing for impact fees immediately 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 payment of such amount by levying an assessment on
the premises.
B) Elect any other remedy available to City under the laws of the State of Montana.
13. Additional Terms
The parties recognize these documents shall be filed and of record with the Gallatin County Clerk
and Recorder prior to the sale of any land within the 2504 W MENDENHALL STREET
ANNEXATION. The parties further agree that the City may file these documents at any time.
14 Governing Law and Venue
This agreement 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.
2504 W. Mendenhall Annexation Agreement 9
2673767 Page 10 of 19 02/21/2020 01 :54:52 PM
15. Atto_rney's Fees
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.
16. 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,term or agreement shall be deemed waived by either party unless waived in writing.
17. Invalid Provision
The invalidity or unenforceability of any provision of this agreement shall not affect the other
provisions hereof, and this Agreement shall be construed in all respects as if such invalid or
unenforceable provision were omitted.
18. Modifications or Alterations
No modifications or amendment of this Agreement shall be valid unless evidenced by a writing
signed by the parties hereto.
19. No Assignment
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 of the City.
20. Successors
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 and specifically to any subsequent purchaser of
the annexed property.
2504 W. Mendenhall Annexation Agreement 10
2673767 Page 11 of 19 02/21/2020 01 :54:52 PM
21. Covenants to Run with the Land -
The parties intend that the terms of this Agreement shall benefit the 2504 W MENDENHALL
STREET ANNEXATION and 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 affirms that they have authority to enter into this Agreement and to
bind themselves to this Agreement.
IN WITNESS WHEREOF,the parties hereto have caused this agreement to be executed the day and
year first above written.
� .� [Y�t LANDOWNER
n . ERFITANYAPETERS
�iain�y�t NOTARY PUBLIC for the
t 1 €CAL i STATE.OF MONTANA anner J S n
, LZWding in Bozeman,Montana
My Commission Expires
March 17,2023
WWI
On this S r day of N 6VC— , 2019, before me the undersigned, a Notary Public for
the State of Montana, personally appeared Tanner J. SkeIton, whose name is subscribed to the within
instrument and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal on the day,
month, and year in this certificate first above written.
Nota ublic for ate o Montana,
(SEAL) Printed Notary Name
Residing at , Montana.
t,NiYAP� BRIT TANYA PICC
ETERS My Commission expires: (, �j 7
m4 HpTARy�4N NOATE OF MONTfANAe
SEAL i -
Residingg irx Bozeman,Montana
My Commission F.Xpires
March 17,2023
2504 W. Mendenhall Annexation Agreement I 1
2673767 Page 12 of 19 02/21/2020 01 :54:52 PM
p LANDOWNER
BRITTANYA IColPETERS
o�Ap Z ; NOTARY PUBT ar IC ff the
STATE OFMONTANA V ess e on
SE-AL ; 3 Residing in Bozeman,Montana
°
My Commission Expires.•�f M h 17,2023
On this day of , 2019, fore me the undersigned, a Notary Public for
the State of Montana, personally appeared Vanessa E. Skelton, whose name is subscribed to the within
instrument and acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal on the day,
month, and year in this certificate first above written.
Not is fo tate of Montana
(SEAL) Prin ed Notary_Name�n tAkL-a
Residing at c) Montana.
BRMANYA PETERS My Commission expires:LIC
forI
NOTARY PUB
STATE OF MONTANAe
SEAL`, Residing i u So�zemaa,Montana
` Expires
OF 14i Co�Cmu h 17,,220233
2504 W. Mendenhall Annexation Agreement 12
2673767 Page 13 of 19 02/21/2020 01 :54:52 PM
CITY OF BOZEMAN
By: Dennis M. Taylor,Inter City Manager
Boz
A� .KRRa♦ J
ATTEST: °
{
�� V✓'�� v __.._ ___
Rjf'�
41
v J��•♦♦ I V V 3 *♦ 11Y
♦, . . • 4
1"A--"w.City derk "t 4IN co-'V
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this P 7""' day of �c.,AvPry , 2020, before me,a Notary Public for the
state of Montana, personally appeared Dennis M. Taylor and Mike Maas, known to me to the persons
described in and who executed the foregoing instrument as Interim City Manager and Interim City
Clerk respectively, of the 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.
I. {�{ ATH !
`gip,61AL (lot sry
u: p-IT --forth Sete or 1Vlonta.fi�c., �UI fL �1 VU f,f E �.fl�
m Residing
iroxem�n. K�c,,+ (Printed Name Here)
�a:
-� comma 1 Notary Public for the State of Montana
OFNc. .: v Januar,_.^6 '�`'`'—_ Residing at
My Commission Expires:
(Use 4 digits for expiration year)
2504 W. Mendenhall Annexation Agreement 13
2673767 Page 14 of 19 02/21/2020 01 :54:52 PM
EXHIBIT "A"
WAIVER OF RIGHT-TO-PROTEST
CREATION OF SPECIAL DISTRICT
FOR A CITY-WIDE SPECIAL DISTRICT FOR PARKS, TRAILS OR OPEN SPACE
2504 W MENDENHALL STREET ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
Lot I of the Simkins Subdivision (Plat P-32 in the records of the Gallatin County Clerk
and Recorder)
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, trails, and open space which will be caused by the development of the above-described property,
the Landowner has waived and does hereby waive for itself, its successors and assigns forever the right
to protest the creation of one or more special districts to fund capital improvements, operations, and
maintenance of any parks, trails, or open spaces within the annexed area and/or of a City-wide special
district to fund capital improvements, operations, and maintenance of parks, trails, and open spaces
throughout the City, which would provide a mechanism for the fair and equitable assessment of costs
for City parks, trails, and open spaces, 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 districts for the above described purposes and which would include the above-described property.
This waiver is made for the benefit of the property described above and shall be a covenant
running with the land.
The terms, covenants and provisions of this waiver shall extend to, and be binding upon the
successors-in-interest and assigns of the Landowner.
2504 W. Mendenhall Annexation Agreement 14
2673767 Page 15 of 19 02/21/2020 01 :54:52 PM
�
DATED this � day of �'�`o O , 2019.
tVX) LANDOWNER
of
�tS YNZTt:
ERI TANYA PETERS nner J Skelton
�;► NOTARY PUBLIC for the
stA ; ! STATE OF MONTANA
R in 13 rZTIaa,Montana
My ommission l xires '� 1
March 17,2023
On this day of A �! �; 2019, before me the undersigned, a Notary Public for
the State of Montana, personally appeared Tanner J. Skelton, whose name is subscribed to the within
instrument and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal on the day,
month, and year in this certificate first above written.
Not ublic for e State of.Montana.
BRITTANY A PETERS Printed Not Name
NOTARY
OF
for the Residing at , Montana.
E- .Match
, MONTANA
r ; R�i M.b My Commission expires: ��w Z�Z�
My 1720 J
2504 W. Mendenhall Annexation Agreement 15
2673767 Page 16 of 19 02/21/2020 01 :54:52 PM
LANDOWN
G-Vack cyc WzjV--Vk'
�I4.P,}IYAP��►, BW� W
PETERS
s •NpTARy�` NLIC for the
sE ; SONTANA aness elton
Resman,Montana
'�q ,�*r' on Expires
✓' ,2U23
On this 1- thl ,2019, before me the undersigned, a Notary Public for
the State of Montana, personally appeared Vanessa E. Skelton, whose name is subscribed to the within
instrument and acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal on the day,
month, and year in this certificate first above written.
Not lic fo e to of ontana
(SEAL) Printed Notary Name S
Residing at ' , Montana.
My Commission expires: z6,3
BRITTTB
A PETERS
m•�pTAft,�E' NOTARLIC for thesE STATEONTANAResdang
Montana
MY Or
March , �ups
2504 W. Mendenhall Annexation Agreement 16
2673767 Page 17 of 19 02/21/2020 01 :54:52 PM
EXHIBIT "B"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS
2504 W MENDENHALL STREET ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
Lot 1 of the Simkins Subdivision (Plat F-32 in the records of the Gallatin County Clerk
and Recorder)
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 impacts to N. 251h
Avenue and W.Mendenhall which will be caused by the development of the above-described property,
the owner has waived and does hereby waive for itself, its successors and assigns forever the right to
protest the creation of one or more special districts or special improvement districts for the construction
and maintenance of following improvements: paving, curb/gutter,sidewalk,storm drainage facilities
for N. 2511 Avenue and W. Mendenhall Street, 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 districts or special improvement districts which would include the above-described
property.
In the event a special district or special improvement district is not utilized for the completion of
these improvements, the Landowner agrees to participate in an alternate financing method for the
completion of said improvements on a fair share, proportionate basis as determined by the City on the
basis of the square footage of property, taxable valuation of the property, traffic contribution from the
development or a combination thereof.
2504 W. Mendenhall Annexation Agreement 17
2673767 Page 18 of 19 02/21/2020 01 :54-.52 PM
This waiver is made for the benefit of the property described herein shall be a covenant running
with the land.
The terms, covenants and provisions of this waiver shall extend to, and be binding upon the
successors-in-interest and assigns of the Landowner.
DATED this day of �1( , 2019.
LANDOWNER
�.�p� BRFITANYAPETERS
t NOTARY PUBLIC fot the -- �� -
s€� . STATE OF MONTANA annex J on ............__�-
a Residiog to Bozerr+an Montana
My Cour h&7\n Expires n� _
lvlarch 2023
On this day of , 2019, before me the undersigned, a Notary Public for
the State of Montana, personally appeared Tanner J. Skelton, whose name is subscribed to the within
instrument and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal on the day,
month, and year in this certificate first above written.
Not y li e tate of ontana
( PrijWed Notary Name R?f�lg
""; peg BRITTANYA PETERS Residing at , Montana.
o aos�Ry�Fs= NOTARY PUBLIC for the
s STATE OF MONTANA My Commission expires: �-,�C � ZC�2
3 Residing in&Haman,Montana /
MY(�missian Expires
�;. March 17,2023
2504 W. Mendenhall Annexation Agreement 18
2673767 Page 19 of 19 02/21/2020 01 :54:52 PM
1'ii-q
ye LANDOW
IG'4,4e- o� Cr ,
BRITTANY A PETERS
NOTARY PUBLIC for the fa e sa E. Skelt
s�i STATE OF MONfANA
Residing in Bozeman,Montana
My Commission Expires
'�cr March 7,2023
On this day of 0�' ��i , 2019, before me the undersigned, a Notary Public for
the State of Montana, personally appeared Vanessa E. Skelton, whose name is subscribed to the within
instrument and acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal on the day,
month, and year in this certificate first above written.
— -PA
Notar blic e State of Montana,/+
(SEAL) Printed Not Name
.. Residing at , Montana.
BRrTTANYA PETERS g
{ •oTnR + NOTARY PUBLIC for the My Commission expires: Qv`/ ?.023
I SEAL
FA STATE OF MONI'ANA
Residing in Bozemaa,Montana
My Commission Expires
March I7,2023 i
2504 W. Mendenhall Annexation Agreement 19