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HomeMy WebLinkAbout22- Utility Easement - Matthew & Morgan hausauer - 1919 Bridger Drive/2769862 '-c,.?³¿N42&²²?³05"""'**J°°°° Inter-officeOriginalto: CityofBozeman CityClerk PO Box 1230 Bozeman,MT 549771-1230 1919 BRIDGER DRIVE ANNEXATION AGREEMENT THIS AGREEMENT made and enteredintothis day of C_ff ,2021, by and between the CITY OF BOZEMAN,a self-governingmunicipal corporationorganized and existingunder itsCharterand the laws of the Stateof Montana with officesat 121 N.Rouse Avenue, Bozeman,Montana 59771-0640,hereinafterreferredtoas "City",and Matthew and Morgan Hausauer, 3004 Meah Lane,Bozeman,MT 59718 hereinafterreferredto as "Landowner". WITNESSETH: WHEREAS,Landowner isowner in fee of a tractof certainrealproperty,hereinafterreferred to as the 1919 BRIDGER DRIVE ANNEX.ATION situatedin GallatinCounty,Montana,and more particularlydescribedas follows: An area of land comprised describedas follows: 1919 BridgerDrive and more accuratelydescribedas Lots 34,35,and 36,Ed Vogel SubdivisionNo.1,[PlatE-47],according totheplatthereof,on fileand of recordintheoffice of the Clerk and Recorder,GallatinCounty Montana;and locatedinthe SoutheastQuarterof Section32,Township 1 South,Range 6 ion 32,Township 1 South,Range 6 East,of P.M.M., Cityof Bozeman,GallatinCounty,Montana. More particularlydescribedas:Beginning intheNorthwest cornerof saidLot 36;thence Easterly091°41'11",assumed azimuth from North,74.89 feetalong theNorth lineof saidLots 34,35,and 36 tothe Northeast cornerof saidLot 34;thence Southerly 181°41'42"azimuth, 322.96 feetalong theEast lineof saidLot 34 to the Southeastcornerof saidLot 34;thence 1919 Bridger Drive Annexation Agreement 1 Westerly 271°42'55"azimuth,75.02 feetalong the South lineof saidLots 34,35,and 36 to the Southwest comer of saidLot 36;thence Northerly001°43'05"azimuth,322.92feetalong West lineof saidLot 36 to the pointof beginning.Area =24,206 square feet,0.5557 acresor 2,248.8 square meters.Subjectto existingeasements. 0.5557 acresor 24,206 square feet.Subjecttoexistingeasements. All as depictedon the 1919 BRIDGER DRIVE Annexation Map. WHEREAS,theLandowner petitionedthe City forannexation to the City of saidtractof land; and WHEREAS,the 1919 BRIDGER DRIVE ANNEXATION isnot withinthecorporatelimitsof theCityor othermunicipalityand may thereforebe annexed totheCity inaccordance with theprovisions of thisAgreement and Title7,Chapter 2,Part46,Mont.Code Ann.;and WHEREAS,all parties recognize the annexation of the 1919 BRIDGER DRIVE ANNEXATION pursuantto Section7-2-4601,etseq.,Mont.Code Ann.willallow the 1919 BRIDGER DRIVE ANNEXATION to connect to and utilizeCity services,includingmunicipal water and sewer service,parks and recreation,fireand policeservices,and the City'stransportationsystem;and WHEREAS,Section 7-2-4610,Mont.Code Ann.provides thata municipalityand landowner can agree to the provisionsof servicestothearea to be annexed;and WHEREAS,the partiesrecognize additionaldevelopment on the 1919 BRIDGER DRIVE ANNEXATION willimpact area parks,recreation,transportation,police,and fireservices,and that future improvements may require additional public infrastructurestreetimprovements including transportationfortrafficcirculationand the provisionsof parks,recreation,police,and fireservices;and WHEREAS,the Landowner findsthisAgreement willprovide forthe most satisfactoryand dependable water supply and sewer supply or service,and provide transportation,parks,recreation, policeand fireservicefordevelopment of the 1919 BRIDGER DRIVE ANNEXATION;and 1919 Bridger Drive Annexation Agreement 2 WHEREAS,thepartieshave determined thatitisinthebestinterestsoftheCityand Landowner, and infurtheranceofthepublichealth,safetyand welfareof thecommunity toenterintoand implement thisAgreement. WI T NESS E T H: IN CONSIDERATION of the mutual covenants and agreements hereincontained,the parties heretoagree as follows: 1.Recitals The above recitalsare trueand correct. 2.Annexation The Landowner filed an application for annexation of the 1919 BRIDGER DRIVE ANNEXATION with theCity on March 24,2021.By execution ofthisAgreement,the City manifests itsintentto annex the 1919 BRIDGER DRIVE ANNEXATION tractpursuant to the terms and conditionsof thisAgreement.Subjectto theprovisionsof Title7,Chapter 2,Part46,Mont.Code Ann. the City shall,upon execution of this Agreement,adopt a Resolution of Annexation of the 1919 BRIDGER DRIVE ANNEXATION.Further,upon the execution of thisAgreement,the Landowner shalldo allthingsrequiredby thisAgreement and allthingsnecessaryand proper to aid and assistthe City incarryingout theterms,conditionsand provisionsof thisAgreement and to effecttheannexation of the 1919 BRIDGER DRIVE ANNEXATION. 3.Services Provided The City will,upon annexation,make availableto the 1919 BRIDGER DRIVE ANNEXATION existingCity servicesonly totheextentcurrentlyavailable,or as provided inthisAgreement. 1919 Bridger Drive Annexation Agreement 3 4.Municipal Water Service Defined The term "municipal water service"as isused in thisagreement shallbe the servicewhich is suppliedby theCity in accordance with Chapter 40,Article2,Bozeman Municipal Code,as amended, as wellas any otherterms and conditionswhich apply to theCity'sprovisionof municipal water service but does not includethe extensionof linesor constructionof necessaryimprovements atany costto the City for deliveryof water to and withinthe 1919 BRIDGER DRIVE ANNEXATION.Nothing inthis Agreement shallobligatethe City to pay forright-of-wayacquisition,engineering,construction,and othercostsforthedeliveryof water toorwithinthe 1919 BRIDGER DRIVE ANNEXATION toinclude, but not limitedto,any impact fees,hook-up,connection,or development charges which have been or may be establishedby the City. 5.Municipal Sewer Service Defmed The term "municipal sewer service"as isused in thisAgreement shallbe the servicewhich is suppliedby the City in accordance with Chapter 40,Article3,Bozeman Municipal Code,as amended, as wellas any otherterms and conditionswhich apply totheCity'sprovisionofthisservicebut does not include the extension of linesor constructionof necessary improvements at any cost to the City for collectionof sewage at and within the 1919 BRIDGER DRIVE ANNEXATION.Nothing in this Agreement shallobligatethe City to pay forright-of-wayacquisition,engineering,construction,and other costs for the collectionof sewage services to or within the 1919 BRIDGER DRIVE ANNEX.ATION to include,but not limitedto,any impact fees,hookup,connection,or development charges which may be establishedby theCity. 6.Water and Sewer Connections Landowner understands and agrees that nine (9)months of City Commission approval of the Annexation Agreement,the existingresidenceon the property must be connected to City water and 1919 BridgerDrive Annexation Agreement 4 sewer utilities.Water and sewer services must be constructed in accordance with design and specificationsapproved by the City priorto the installationof the water and sewer lines.Landowner must contactthe City Water and Sewer Superintendentto obtaindetailsof constructionrequirements. Landowner must notifythe City Water and Sewer Superintendenta minimum of 48 hours priorto constructionof theservicesand disconnectionof the well and septicsystem abandonment.Landowner furtherunderstandsand agreesthatpriorto connectionto the City water and sewer system,the existing on-sitesewage treatmentsystem must be properly abandoned and certificationprovided to the City Water and Sewer Superintendent that the abandonment occurred.The applicantmust report the abandonment to the GallatinCity County Health Department.In additionto abandonment of the septic tank and leachfield,theapplicantmust demonstrate thatthesanitarysewer serviceto theseptictank has been completely disconnected from theold septicsystem priorto connectionto the City sanitarysewer system. Any wells presentlyused for domestic purposes may be retainedfor irrigationonly,with no physicalconnectiontodomestic water piping.Certificationthatthereisno physicalconnectionbetween an on-site well and the domestic water piping must be provided.The City Water and Sewer Superintendentmay perform an inspectionof the propertyand certifythatthedisconnectionofthe well and septicsystem abandonment are properly completed.Landowner understands and agrees that if Landowner failstoproperlyabandon the existingsystem and/orfailstodisconnecttheexistingwellfrom thedomestic water pipingas requiredhereintheCity may upon tenday'swrittennoticetotheLandowner terminate water and/or sewer servicesto the property.Costs of alldisconnects and/or subsequent reconnectsshallbe borne by Landowner. 1919 Bridger Drive Annexation Agreement 5 7.Water Rights The Landowner specificallyrecognizesand agreesthatprovisionsforwater rightsor cash in-lieu of water rightsshallbe provided upon furtherdevelopment or subdivisionof thepropertyinaccordance with Section38.410.130,Bozeman Municipal Code and as may be amended.The amount of water rights or cash-in-lieuthereofdue at the time of furtherdevelopment or subdivisionof the property willbe calculatedbased on theannual demand forvolume of water thedevelopment willrequiremultipliedby themost currentannual unitpriceineffecton thedatethewater rightsaretransferredor payment-in-lieu of water rightsistobe made to the City.As such,the Landowner acknowledges thatthe ratesforcash in-lieuof water rightsmay increaseover time as establishedby Resolution of the City Commission. Payment of $660.00 forcash-in-lieuof water rightsforthe existinghome on the propertyisdue at the time ofannexation and continuestousetheonsitewellforallirrigationdemand.Ifthewell isabandoned and not used foronsiteirrigationthe Payment of $1,404.00 forcash-in-lieuof water rightsisdue at the time of annexation. 8.Comprehensive Water and Water Design Report Priorto futuredevelopment of thepropertytheCity may requirethe Landowner tohave prepared by a ProfessionalEngineer,at Landowner's sole expense,a comprehensive design reportevaluating existingcapacityof sewer and water utilitiesin the area.The reportmust includehydraulicevaluations ofeach utilityforboth existingand post-development demands,and thereportfindingsmust demonstrate adequate capacityto servethe fulldevelopment of the land.Ifadequate infrastructurecapacityisnot availablefortheproposed development,the reportmust identifynecessary water or wastewater system improvements necessary forthe proposed development.If improvements to thiswater or wastewater system are necessary,the Landowner agrees priorto development of the 1919 BRIDGER DRIVE 1919 Bridger Drive Annexation Agreement 6 ANNEXATION tocomplete,atLandowner's expense,the necessarysystem improvements toservethe proposed development. 9.Future Development Limitations The Landowner shallbe responsibleforinstallingallfacilitiesrequiredto provide fullmunicipal servicestothepropertyinaccordance with theCity'sInfrastructureMaster Plans and allCityregulations, policiesand guidelinesthatmay be ineffectatthe time of any futuredevelopment.Thus,Landowner understandsand agrees Landowner has no right,eithergrantedor implied,foritto furtherdevelop any of the 1919 BRIDGER DRIVE ANNEXATION untilit is verifiedby the City that the necessary municipal services,including but not limited to police and fireprotection,parks and recreation, transportation,and sewer and water capacity,are availableto allor a portionof the 1919 BRIDGER DRIVE ANNEXATION.Notice isthus provided totheLandowner thatpriortoadditionaldevelopment of the property,the Landowner willbe solelyresponsibleforinstalling,atLandowner's soleexpense, any facilitiesor infrastructurerequiredto provide fullmunicipal servicesto the 1919 BRIDGER DRIVE ANNEXATION inaccordance with theCity'sinfrastructureplans,adopted Growth Policies/Community Plans,and all other city regulations,policiesand guidelinesthat may be in effectat the time of development. 10.Stormwater Master Plan Landowner understandsand agrees a Stormwater Master Plan forthe 1919 BRIDGER DRIVE ANNEXATION fora system designed to remove solids,oils,grease,and otherpollutantsfrom therunoff from publicstreetsand otherimpermeable surfacesmay be requiredtobe provided to and approved by the City Engineer at the time of any futuredevelopment.The plan must demonstrate thatadequate treatmentof runofffrom publicstreets,otherimpermeable surfaces,and allfuturelotswillbe achieved by providing spot elevations,flow directionarrows,detentionand/orretentionbasindetails(including 1919 Bridger Drive Annexation Agreement 7 basin sizing calculationsand basin typicalsections),outletstructuredetails,and culvertcapacity calculations.The plan must also locateand provide easements foradequate drainageways within the 1919 BRIDGER DRIVE ANNEXATION to transporttreatedrunoff to the stormwater receiving channel.The plan shall include site grading and elevation information,typical stormwater detention/retentionbasin and discharge structuredetails,basin sizing calculations,and stormwater maintenance plan.Landowner recognizes the City may requiresuch Stormwater Master Plan to be implemented in allor partas a conditionof approval of development of the 1919 BRIDGER DRIVE ANNEXATION. 11.Waiver of Right-to-ProtestSpecial Districts A.Landowner shallexecute a Waiver of Right-to-ProtestCreationof SpecialImprovement Districtsor Special Districtsfor streetand transportationimprovements including design and engineering,paving and subsurface improvements,curb and gutter,sidewalk,stormwater drainage facilitiesfor a)Bridger Drive from Story Mill to Boylan Road.The Landowner agrees such SID or specialdistrictswill provide a mechanism for the fairand equitableassessment of constructionand maintenance costsforsuch improvements.The waiver isattachedheretoas Exhibit"A"and ishereby incorporatedinand made a partof thisAgreement. B.Landowner shallexecute a Waiver of Right-to-ProtestCreation of Special Improvement Districtsor Special Districtsfor Intersectionimprovements including lighting,signalization/ channelization,paving,curb/gutter,sidewalk,and storm drainage fora)Bridger Drive and Story Mill Road,and b)BridgerDrive and Boylan Road.The Landowner agreessuch SID or specialdistrictswill provide a mechanism forthe fairand equitableassessment of constructionand maintenance costsfor such improvements.The waiver isattachedhereto as Exhibit "B"and ishereby incorporatedin and made a partof thisAgreement. 1919 Bridger Drive Annexation Agreement 8 C.Landowner agrees thatin the event an SID isnot utilizedfor the completion of these improvements as described in subsections A and B above,the Landowner shallparticipatein an alternativefinancingmethod forthecompletion of saidimprovements on a fairshare,proportionatebasis as determined by theCityon thebasisof thesquarefootageof property,taxablevaluationof theproperty, trafficcontributionfrom thedevelopment or a combination thereof. 12.Public Streetand UtilityEasements The Landowner understandsand agreesthata publicstreetand utilityeasement must be provided atthe time Landowner returnsthesigned annexation agreement foran additional10 feetof Right-of- Way must be provided along Bridger Drive property frontage as depicted in the Bozeman TransportationMaster Plan,and thirtyfeet(30 feet)of right-of-way along the rear of the property (north side)priortothe adoption of Resolutionof Annexation.The Right-of-Way must be executed using the City's standard language. A ten foot private utilityeasement must be provided along the property'sBridger Drive frontage as well as along the future local streetlocated at the back of the property priorto the adoption of Resolution of Annexation.The executed easement must be delivered to the City Engineering Department.The easement must be executed on the City's standard easement form. The Landowner,atitssoleexpense,has createdsuch easements ina locationand form agreeable to the City and the easements willbe filedatthe GallatinCounty Clerk and Recorder's Office.The Landowner furtherunderstandsand agrees thatadditionalpublicstreetand utilityeasements may be requiredfordeliveryofmunicipal serviceswith futuredevelopment and such easement shallbe provided at theLandowner's soleexpense. 13.Street Improvements The Landowner understands and agrees thatat the time of futuredevelopment the portionof 1919 Bridger Drive Annexation Agreement 9 Bridger Drive and its relatedtransportationinfrastructurefrontingthe 1919 BRIDGER DRIVE ANNEXATION must be improved to a City standard. 14.Impact Fees Landowner acknowledges thatannexation and development of theirpropertywill impact the City'sexistingstreet,water and sewer infrastructure,and the City'sfireservice.As approved by the City,the Landowner and itssuccessorsmust pay: A)Fire impact feesequal to theamount per Chpt.2,Art.6.Div.9 BMC,or as amended,at time of issuanceof a buildingpermit. B)Transportationimpact feesequal to the amount per Chpt.2,Art.6.Div.9 BMC,or as amended,attime of issuanceof a buildingpermit. C)Water impact feesas requiredby Chpt.2,Art.6.Div.9 BMC,or as amended,atthetime of connection tocitywater services. D)Sewer impact feesas requiredby Chpt.2,Art.6.Div.9 BMC,or as amended,atthetime of connection tocitysewer services. The amount of impact feethe Landowner or itssuccessorspay forconnectiontothecity'swater and sewer services,ifany,shallbe calculatedbased on the provisionsof the Bozeman Municipal Code, as amended,in effectat the time of applicationfora permit to connect.The amount of streetor fire impact feesto be paid,ifany,shallbe calculatedbased on the provisionsof the Bozeman Municipal Code,as amended,ineffectatthe time an applicationforbuildingpermit issubmitted. Landowner furtherunderstands and agrees thatany improvements,eitheron-siteor off-site, necessaryto provideconnectionofthe 1919 BRIDGER DRIVE ANNEXATION municipal servicesand which are wholly attributableto the property as determined exclusivelyby the cityare considered "projectrelatedimprovements"asdefinedinChapter 2,Article6,Division9,Bozeman Municipal Code, as amended,and as such,are not eligiblefor impact feecredits. IfLandowner defaultson thisconditionatthe time such isto be performed,and should default not be remedied or correctedwithin thirty(30)days afterwrittennoticeby City to the Landowner and Landowner/Developer of such default,City may at itsoption: 1919 Bridger Drive Annexation Agreement 10 A)Declare theamounts owing forimpact feesimmediately due and payable and City shall have the rightand privilegetotake legalactionagainstLandowners forthe collection of such sum,includingthe entry of any judgment.In addition,the City may,at its option,enforcepayment of such amount by levyingan assessment on the property. B)Electany otherremedy availableto City under the laws of theStateof Montana. 15.Charges and Assessments Landowner understandsand agreesthatafterthisAgreement isrecorded the 1919 BRIDGER DRIVE ANNEXATION willbe subjectto City charges and assessments forarterialand collector streets,streetmaintenance,and treemaintenance on thesame basisas allotherpropertiesinthe City. 16.Additional Terms The partiesrecognizethesedocuments must be filedand of recordwith theGallatinCounty Clerk and Recorder priorto the saleof any land within the1919 BRIDGER DRIVE ANNEXATION.The partiesfurtheragree thatthe City may filethesedocuments atany time. 17.Governing Law and Venue This agreement shallbe construed under and governed by the laws of the stateof Montana.In the event of litigation,venue isinthe EighteenthJudicialDistrictCourt,inand forCounty of Gallatin, Stateof Montana. 18.Attorney's Fees In the event itbecomes necessary for eitherparty to thisAgreement to retainan attorneyto enforce any of the terms or conditionsof thisAgreement,then the prevailingpartyshallbe entitledto reasonableattorney'sfeesand costs,to includethe salaryand costsof in-housecounsel includingCity Attorney. 1919 Bridger Drive Annexation Agreement 11 19.Waiver No waiver by eitherpartyof any breach of any term,covenant or agreement shallbe deemed a waiver of the same orany subsequent breach of thissame or any otherterm,covenant or agreement.No covenant,term or agreement shallbe deemed waived by eitherpartyunlesswaived inwriting. 20.Invalid Provision The invalidityor unenforceabilityof any provisionof thisagreement shallnot affectthe other provisions hereof,and this Agreement shall be construed in all respectsas if such invalid or unenforceableprovisionwere omitted. 21.Modifications or Alterations No modificationsor amendment of thisAgreement shallbe validunlessevidenced by a writing signed by the partieshereto. 22.No Assignment It is expressly agreed thatthe Landowner and/or Landowner/Developer shallnot assign this Agreement inwhole or in partwithout priorwrittenconsentof the City. 23.Successors This Agreement shallbe binding upon,inuretothebenefitof and be enforceableby the parties heretoand theirrespectiveheirs,successorsand assignsand specificallytoany subsequent purchaserof theannexed property. 24.Covenants to Run with the Land The partiesintendthatthe terms of thisAgreement shallbenefitthe 1919 BRIDGER DRIVE ANNEXATION and shallbe covenants running with the land and shallnotexpireattheirdeathsor upon transferof ownership of theproperty. 1919 Bridger Drive Annexation Agreement 12 The undersigned Landowner affirmsthatthey have authoritytoenterintothisAgreement and to bind themselves to thisAgreement. 1919 Bridger Drive Annexation Agreement 13 IN WITNESS WHEREOF,thepartiesheretohave caused thisagreement to be executed the day and year firstabove written. DATED this ay of 6ALÆdX ,2022. LAN OWNER Mn JPatW By:Mghew &Morgan Hausauer Title:Owners STATE OF tY\¼A ) COUNTY OF Gaun On this day of ¼W F ,2022,before me,the undersigned,a Not Public forthe Stateof Ro½Ln A ,persona appeared Q w and Monaaq /g fauW known to me to be the landowner thatexecuted the within instrument,and acknowledged to me that they executed the same forand on behalfof landowner. IN WITNESS WHEREOF,I have hereunto setmy hand and affixedmy officialsealtheday and year firstabove written. (SEAL) Name He SHElLA LARSEN otag PuW h k h d NotaryPubHc Residing at#o forthestateorMontana My Commission Expires:.SEAL Boze do tana (Use 4 digitsforexpirationyear)My CommissionExpires:'>,o,m*August3,2023 CITY OF BOZEMAN 1919 Bridger Drive Annexation Agreement 14 :fMi elich,City Manager ATTEST: SOZ Mike Maas,ityClerk o STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this \l day of M Grch ,2022,beforeme,a Notary Publicforthe state of Montana,personallyappeared JeffMihelich and Mike Maas,known to me tothe personsdescribed in and who executed the foregoinginstrumentas InterimCityManager and City Clerk respectively,of the City of Bozeman,whose names are subscribedtothe withininstrumentand acknowledged to me thatthey executed thesame forand on behalfof saidCity. IN WITNESS WHEREOF,I have hereunto setmy hand and affixedmy officialsealtheday and year firstabove written. (SEAL) (Prmted Name Here) .Notary Public forthe Stateof Montana TAYLOR CHAMBERS Residing at 69 e °fortheStat antana My Commission Expires:m ·n.20 25 SEAL soze a n at.(Use 4 digitsforexpirationyear) My CommissonExpirés:January12,2025 1919 Bridger Drive Annexation Agreement 15 EXHIBIT "A" WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS 1919 BRIDGER DRIVE ANNEXATION The undersignedowner of the realpropertysituatedintheCounty of Gallatin,Stateof Montana, and more particularlydescribedas follows: 1919 Bridger Drive and more accuratelydescribedas Lots 34,35,and 36,Ed Vogel SubdivisionNo.1,[PlatE-47],accordingto the platthereof,on fileand of recordinthe office of theClerk and Recorder,GallatinCounty Montana;and locatedinthe SoutheastQuarterof Section32,Township 1 South,Range 6 ion 32,Township 1 South,Range 6 East,of P.M.M., City of Bozeman,GallatinCounty,Montana. More particularlydescribedas: Beginning intheNorthwest cornerof saidLot 36;thence Easterly091°4 l'11",assumed azimuth from North,74.89 feetalong the North lineof saidLots 34,35,and 36 tothe Northeast corner of saidLot 34;thence Southerly 181°4 l'42"azimuth,322.96 feetalong theEast lineof saidLot 34 tothe Southeastcornerof saidLot 34;thence Westerly 271°42'55"azimuth,75.02 feetalong theSouth lineof saidLots 34,35,and 36 tothe Southwest corner of saidLot 36; thence Northerly001°43'05"azimuth,322.92feetalong West lineof saidLot 36 to thepointof beginning.Area =24,206 square feet,0.5557 acresor 2,248.8 square meters.Subjectto existingeasements. 0.5557 acresor 24,206 square feet.Subjectto existingeasements. IN CONSIDERATION of receivingapproval for annexation of the subjectpropertyfrom the City of Bozeman,along with accompanying rights and privilegesand for other and valuable consideration,the receiptof which ishereby acknowledged,and in recognitionof the transportation impacts toBridger Drive from StoryMillRoad toBoylan Road which willbe caused by thedevelopment of the above-describedproperty,the owner has waived and does hereby waive foritself,itssuccessors and assignsforeverthe rightto protestthecreationof one or more specialimprovement districtsforthe design and engineering,constructionand maintenance of following improvements:for streetand transportation improvements including design and engineering,paving and subsurface 1919 Bridger Drive Annexation Agreement 16 improvements,curb and gutter,sidewalk,stormwater drainage facilitiesfora)Bridger Drive from Story Mill to Boylan Road. Landowner agrees the City has the sole rightto controlthe design and constructionof such improvements and may include any of the above components and others necessary to ensure such improvements comply with all adopted City infrastructureplans and requirements.Further,the Landowner waives itsrightor to make any writtenprotestagainstthe sizeor area or creationof the districtbe assessed in response to a duly passed resolutionof intentionto createone or more special improvement districtswhich would includethe above-describedproperty. In the event a SID isnot utilizedforthe completion of theseimprovements,thedeveloperagrees to participateinan alternatefinancingmethod forthe completion of saidimprovements on a fairshare, proportionatebasis as determined by the City on the basisof the square footage of property,taxable valuationof theproperty,trafficcontributionfrom the development or a combination thereof. This waiver ismade forthe benefitof thepropertydescribedhereinshallbe a covenant running with the land. The terms,covenants and provisionsof thiswaiver shallextend to,and be binding upon the successors-in-interestand assignsof the Landowner. 1919 Bridger Drive Annexation Agreement 17 DATED this day of ,2022. LANDOWNER By:.thew &Morgan Hausauer Title:Owners STATE OF MONTANA ) :ss COUNTY OF GALLATIN) On this day of ,2022,before me,the undersigned,a Notary Public forthe Stateof Movikn o ,personall appeared IViaf hpot)4µ/My¶Æa Ngg In known to me to be the landowner thatexecuted thewithin instrument,and acknowledged to me that they executed thesame forand on behalfof landowner. IN WITNESS WHEREOF,Ihave hereunto setmy hand and affixedmy officialsealthe day and year firstabove written. (SEAL) (Rraded Name H'ere) SH A LAR EN Notary Public forthe Stateof OTAR4 .ifOrtheStateofMontana Residing at sÃÃL.Ñ Bozem o tana My Commission Expires: $4....//My CommissionExpires:(Use 4 digitsforexpirationyear) August3,2023 1919 BridgerDrive Annexation Agreement 18 EXHIBIT "B" WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS 1919 BRIDGER DRIVE ANNEXATION The undersignedowner of the realpropertysituatedintheCounty of Gallatin,Stateof Montana, and more particularlydescribedas follows: 1919 Bridger Drive and more accuratelydescribedas Lots 34,35,and 36,Ed Vogel SubdivisionNo.1,[PlatE-47],accordingto the platthereof,on fileand of record intheoffice of the Clerk and Recorder,GallatinCounty Montana;and locatedinthe SoutheastQuarter of Section 32,Township 1 South,Range 6 ion32,Township 1 South,Range 6 East,of P.M.M., City of Bozeman,GallatinCounty,Montana. More particularlydescribedas: Beginning intheNorthwest corner of saidLot 36;thence Easterly091°41'11",assumed azimuth from North,74.89 feetalong theNorth lineof saidLots 34,35,and 36 to theNortheast cornerof saidLot 34;thence Southerly 181°41'42"azimuth,322.96 feetalong the East lineof saidLot 34 to theSoutheastcornerof saidLot 34;thence Westerly 271°42'55"azimuth,75.02 feetalong the South lineof saidLots 34,35,and 36 tothe Southwest corner of saidLot 36; thence Northerly001°43'05"azimuth,322.92feetalong West lineof saidLot 36 tothe pointof beginning.Area =24,206 square feet,0.5557 acresor 2,248.8 square meters.Subjectto existingeasements. 0.5557 acresor 24,206 square feet.Subjectto existingeasements. IN CONSIDERATION of receivingapproval for annexation of the subjectpropertyfrom the City of Bozeman,along with accompanying rights and privilegesand for other and valuable consideration,the receiptof which is hereby acknowledged,and in recognitionof the intersection impacts to a)BridgerDrive and Story Mill Road,and b)Bridger Drive and Boylan Road which willbe caused by the development of the above-described property,the owner has waived and does hereby waive foritself,itssuccessorsand assignsforevertherighttoprotestthe creationof one or more special improvement districtsforthe includinglighting,signalization/channelization,paving,curb/gutter, 4 1919 Bridger Drive Annexation Agreement 19 sidewalk,and storm drainage fora)Bridger Drive and Story Mill Road,and b)Bridger Drive and Boylan Road. Landowner agrees the City has the sole rightto controlthe design and constructionof such improvements and may include any of the above components and others necessary to ensure such improvements comply with all adopted City infrastructureplans and requirements.Further,the Landowner waives itsrightor to make any writtenprotestagainstthe sizeor area or creationof the districtbe assessed in response to a duly passed resolutionof intentionto createone or more special improvement districtswhich would includethe above-describedproperty. In the eventa SID isnot utilizedforthecompletion of theseimprovements,thedeveloperagrees to participateinan altematefinancingmethod forthe completion of saidimprovements on a fairshare, proportionatebasisas determined by the City on the basisof the square footage of property,taxable valuationof the property,trafficcontributionfrom thedevelopment or a combination thereof. This waiver ismade forthebenefitof the propertydescribedhereinshallbe a covenant running with the land. The terms,covenants and provisionsof thiswaiver shallextend to,and be binding upon the successors-in-interestand assignsof the Landowner. 1919 Bridger Drive Annexation Agreement 20 DATED this ay of ,2022 LANDOWNER By:tthew &Morgan Hausauer Title:Owners STATE OF MONTANA ) :ss COUNTY OF GALLATIN) On this day of ,2022,beforeme,the undersigned,a Notary Public forthe Stateof fontum A ,personallyappeared ¾//Norça a M<ef or known to me tobe thelandowner thatexecuted the within instrument,and acknowredged tome that they executed the same forand on behalfof landowner. IN WITNESS WHEREOF,Ihave hereunto setmy hand and affixedmy officialsealtheday and year firstabove written. (SEAL) (ÉrliitedName ITere) ,,,,,Notary Publicforthe Stateof A ARSEN Residing at oov^a fortheStateofMontana My Commission Expires:* SEÃL soze °n*N"00ªana (Use 4 digitsforexpirationyear) My CommissionExpires:o,,no August3,2023 1919 Bridger Drive Annexation Agreement 21