HomeMy WebLinkAbout04 - Annexation & Lot Mergers - Sydney and Ethel Dykstra - Laurel Glen Subdivisioin I2139301
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LAUREL GLEN
ANNEXATION AGREEMENT
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, hereinafter referred to as "City", and
CHUCK HINESLEY, representing, HINESLEY FAMILY LIMITED PARTNERSHIP, 211 Michael Grove,
Unit B, Bozeman, MT 59718, and SYDNEY AND ETHEL M. DYKSTRA, 412 Pine, Manhattan, MT 59741,
hereinafter referred to as "Landowner".
WITNESSETH:
WHEREAS, Landowners, are owner in fee of a tract of certain real property, hereinafter referred to as
the "LAUREL GLEN ANNEXATION" tract situated in Gallatin County, Montana, and more particularly
described as follows:
A parcel of land being described as Lots 1, 2 and 3, Minor Subdivision No. 201, according to the plat
thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and all
of Durston Road as dedicated on said Minor Subdivision No. 201, and all located in the East Half of the
Southwest Quarter and the West Half of the Southeast Quarter of Section 4, Township 2 South,Range 5
East of P.M.M., Gallatin County, Montana, and more particularly described as:
Beginning at the South Quarter corner of said Section 4; thence westerly 268° 14'44",assumed azimuth
from north, 1337.41 feet along the south line of the Southwest Quarter of said Section 4; thence
northerly 000' 45' 31" azimuth 2633.98 feet along the west line of said East Half of the Southwest
Quarter; thence easterly 089' 18' 14" azimuth 2657.21 feet along the north line of the Southwest Quarter
and the north line of the Southeast Quarter of said Section 4; thence southerly 180' 43' 38" azimuth
2620.28 feet along the east line of said West Half of the Southeast Quarter; thence westerly 269'46' 58"
azimuth 1321.88 feet along the south line of the Southeast Quarter of said Section 4 to the point of
beginning. Said tract being 159.7130 acres, more or less,along with and subject to all easements of fact
and record.
WHEREAS, the Landowner has petitioned the City for annexation of said tract of land; and
WHEREAS, the LAUREL GLEN 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 M.C.A. Title 7, Chapter 2, Part 46.
Laurel Glen Annexation Agreement 1
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WHEREAS,all parties recognize that the annexation of the LAUREL GLENANNEXATIONpursuant
to Section 7-2-4601, 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 water 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 the development of the LAUREL GLEN ANNEXATION will
impact area streets, and that future improvements may require additional public street improvements 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 LAUREL GLENANNEXATION; and
WHEREAS, the Landowner finds that this Agreement will provide for the most satisfactory and
dependable water supply and sewer supply or service available to furnish water and wastewater collection, and
provide traffic circulation for development near and within the LAUREL GLENANNEXATION;and
WHEREAS, the making and performance of this Agreement is desirable to promote the development
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
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 the Landowner,
and in furtherance of the public health, safety and welfare of the community to enter into and implement this
Agreement.
Laurel Glen Annexation Agreement 2
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WITNESETH:
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 LAUREL GLEN ANNEXATION with the
City. The City, on November 13, 2001, adopted a Resolution of Intent to Annex the LAUREL GLEN
ANNEXATION. By execution of this Agreement, the City has manifested its intention to annex the LAUREL
GLEN 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 LAUREL GLEN ANNEXATION 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 LAUREL GLEN
ANNEXATION 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 LAUREL GLENANNEXATION, 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 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 term 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 LAUREL GLENANNEXATION. 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
Laurel Glen Annexation Agreement 3
LAUREL GLEN 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 13.24, 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 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 LAUREL GLENANNEXATION. 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 LAUREL GLEN ANNEXATION to include, but not limited to, any impact fees, hookup,
connection, or development charges which may be established by the City.
6. Water Rights
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 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.
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:
LA UREL GLEN ANNEXATION, consisting of a total of 159.7072 acres,prior to filing of
any final subdivision plat,final site plan approval or the issuance of any building permit,
whichever occurs first.
Should the Landowner create additional subdivision lots with further subdivision of said property, 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 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.
Laurel Glen Annexation Agreement q
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7. Comprehensive Water and Water Design Report Shelley Vance-Gallatin Co MT MISC 114.00
Prior to future development of the property, the Landowner may be required to have prepared by a
Professional Engineer, at Landowner's expense, a comprehensive 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
report must identify necessary system improvements required for full development. The Landowner agrees to
complete at Landowner's expense,the necessary system 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. Water pressure is also minimal in this area and individual booster pumps may be required for service.
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 development. Thus, Landowner understands and agrees that there is no right,
either granted or implied by the City, for the Landowner to develop any of the LAUREL GLEN
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 LAUREL GLEN
ANNEXATION.
9. Stormwater Master Plan
Landowner understands and agrees that a Stormwater Master Plan for the LAUREL GLEN
ANNEXATION 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 for adequate drainage ways within the area to transport runoff to the
stormwater receiving channel(s). The plan shall include site grading and elevation information, typical
Laurel Glen Annexation Agreement 5
stormwater detention/retention basin and discharge structure details, basin sizing calculations, and stormwater
maintenance plan.
10. Traffic Analysis Reuort
Landowner understands and agrees that a detailed Traffic Analysis Report(s) may be required to be
submitted at the time of future development of any portion of the annexed property.
11. Waiver of Ri lit-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.
Landowner has further executed a Waiver of Right-to-Protest Creation of Special Improvement Districts
for improvements, including: 1) Street improvements, including paving, curb/gutter, sidewalk, and storm
drainage facilities,and any associated traffic signals for the following streets: a)Durston Road, and b) West Oak
Street; and, 2) Trunk sewer main improvements to serve the property as outlined in the Wastewater Facility
plan. Said Waivers are attached hereto as Exhibit "A" and Exhibit "B", and are hereby incorporated in and
made a part of this Agreement.
Landowner 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 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.
12. 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).
Laurel Glen Annexation Agreement 6
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13. Affordable Housing sh.11er vane•-caiiaun cc MT Misc 114.00
The Landowners hereby acknowledges that annexation and development of the subject property will
have an impact on the cost and availability of housing stock in the Bozeman area. The Landowners have
prepared and submitted a written letter evidencing its intent to develop and offer housing units which will be
within Single Family Affordability Limits, as that term has been defined under H.U.D. guidelines, which letter
by reference is made a part of this agreement and incorporated herein.
14. Public Land Facilities
The Landowners hereby acknowledge that annexation and development of their property will impact
the City's ability to provide adequate municipal services. The Landowner's agree to donation of lands within
the annexed areas to include, at a minimum, Lot 2 of Block 3 situated in Phase 11 of Laurel Glen Subdivision,
for the purposes of a public lands facility complex that will be negotiated and closed between the parties prior to
filing of the second phase of said major subdivision.
15. Unified Master Plan
The Landowners understand that with annexation of said property it is the intent of the Landowners and
City that future development will comply with the goals and policies of the Bozeman 2020 Community Plan.
Having recognized the City's desire for implementation of progressive urban design guidelines outlined in the
Bozeman 2020 Community Plan for both community and neighborhood design, the Landowner understands and
agrees that prior to submittal of a preliminary plat application for all or any portion of the property, the future
developer shall implement a Master Plan of the land use patterns and types for development of the property,
subject to review and approval by the City of Bozeman.
The Landowner further understands and agrees that with annexation and development of the property
the future developer shall include in the Master Plan of the subject property a design component that arranges
the development of said lands so that the land use patterns will be integrated with the organizational scheme of
the adjoining neighborhood(s).
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16. Imaact Fees Sheller v.noe-Galloon co MT MISC 114.00
Landowners hereby acknowledge that annexation and development of their property will impact the
City's existing street,water and sewer infrastructure, and fire service requirements. There are existing structures
on the property including a residence, barns and subsequent outbuildings. 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 are
due. The Landowners 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, Landowners agree 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 Bozeman Municipal Code lawfully
enacted as a result of such court decision after the date of the court decision. If, prior to enactment of such
revised Chapter, the Landowner applies for any permit, 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 calculated 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 landowner
would have been entitled to a refund under the court's decision but were it not for the sole fact of the landowner
paying impact fees because of this 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 released to the city and
the balance, if any, returned to the landowner. 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.
Landowners further understand and agree that any improvements, either on- or off-site, necessary to
provide connection of Annexation Tracts to municipal services which are wholly attributable to the property are
Laurel Glen Annexation Agreement 8
"project related improvements" as defined in Chapter 3.24, Bozeman Municipal Code, or as amended, and as
such, are not eligible for impact fee credits.
If Landowners default 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 Landowners of such default, City
may at their 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.
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 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.
17. Additional Terms of Waivers
The parties recognize that these documents shall be executed and returned to the Bozeman Planning and
Community Development Department within one (1) year of preliminary approval of the annexation request by
the Bozeman City Commission. The parties also 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 LAUREL GLEN
ANNEXATION. The parties further agree that the City may file these documents at any time.
is. 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.
19. Attorney'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.
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20. Waiver Shelley Vance-Gallatin Cc MT MISC 114.00
No waiver by either parry 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.
21. 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.
22. Modifications or Alterations
No modifications or amendment of this Agreement shall be valid unless evidenced by a writing signed
by the parties hereto.
23. No Assi nment
It is expressly agreed that the Landowner shall not assign this Agreement in whole or in part without
prior written consent of the City.
24. 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.
25. 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 of the property.
The undersigned Landowner affirms that they have authority to enter into this Agreement on behalf of
their corporation, and to bind the corporation to this Agreement
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and
year first above written.
Laurel Glen Annexation Agreement 10
LANDOWNERS
BY: CHARLES W.HINESLEY,Repr ting
HINESLEY FAMILY LIMITED PAR SHIP
STATE OF MONTANA )
:SS
COUNTY OF GALLATIN )
On this —) day of �— 2003, before me, a Notary Public for the State of
Montana, personally appeared Charles W mH esley, representing the Hinesely Family Limited, known to me to
be the person that executed the foregoing Annexation Agreement,and acknowledged to me that he/she executed
the same for and on behalf of said school district.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first
above written.
Cheryl F Ve►banac
(SEAL) ����+►��i�rrrrlrlii�i Residing atlii zeman, Mote
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Laurel Glen Annexation Agreement
LANDOWNERS
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BY: SYDNf D RA
BY: ETHEL M.DYKSTRA
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this dayof hWaAL , 2003, before me, a Notary Public for the State of
Montana, personally appeared Sydney and Ethel M. Dykstra, known to me to be the persons that executed the
foregoing Annexation Agreement, and acknowledged to me that they executed the same for and on behalf of
said school district.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first
above written.
(SEAL)
en (Ov z e
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iAR'A4 Notary Pub 'c for the tate of Montana
Residing at
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Laurel Glen Annexation Agreement 12
CITY OF BOZEMAN
By: eIAk4tI=V
RONALD F. GREY, Acting City Manager
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STATE OF MONTANA )
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COUNTY OF GALLATIN )
On this 20th day of January , 2003,before me, a Notary Public for the state of
Montana, personally appeare - and Robin Sullivan, known to me to the persons described in
and who executed the foregoing instrumen c5 a Manager and Clerk of the City Commission 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.
t �,
(Printed Name Here)
Notary Public for the State of Montana
" xr Residing at
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EXHIBIT"A"
WAIVER OF RIGHT-TO-PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICT
FOR A CITY-WIDE PARK MAINTENANCE DISTRICT
LAUREL GLEN ANNEXATION TRACT
The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and
more particularly described as follows:
A parcel of land being described as Lots 1, 2 and 3, Minor Subdivision No. 201, according to the plat
thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and all
of Durston Road as dedicated on said Minor Subdivision No. 201, and all located in the East Half of the
Southwest Quarter and the West Half of the Southeast Quarter of Section 4, Township 2 South, Range 5
East of P.M.M., Gallatin County,Montana, and more particularly described as:
Beginning at the South Quarter corner of said Section 4; thence westerly 268' 14' 44", assumed azimuth
from north, 1337,41 feet along the south line of the Southwest Quarter of said Section 4; thence
northerly 000' 45' 31" azimuth 2633.98 feet along the west line of said East Half of the Southwest
Quarter;thence easterly 089' 18' 14" azimuth 2657.21 feet along the north line of the Southwest Quarter
and the north line of the Southeast Quarter of said Section 4; thence southerly 180' 43' 38" azimuth
2620.28 feet along the east line of said West Half of the Southeast Quarter; thence westerly 269'46' 58"
azimuth 1321.88 feet along the south line of the Southeast Quarter of said Section 4 to the point of
beginning. Said tract being 159.7072 acres, more or less,along with and subject to all easements of fact
and record.
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 more special improvement districts for
maintenance of any parks within the annexed area and/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 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.
Laurel Glen Annexation Agreement 14
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 day of 4— , 2003.
LANDOW ERS
OV60 ,
B CHARLES W.HINESLEY,Repr senting
HINESLEY FAMILY LIMITED P ERSHIP
STATE OF MONTANA }
:ss
COUNTY OF GALLATIN )
On this �tD day of � , 2003, before me, a Notary Public for the State of
Montana, personally appeared Charles W. Hinesley, representing the Hinesely Family Limited, known to me to
be the person that executed the foregoing Annexation Agreement,and acknowledged to me that he/she executed
the same for and on behalf of said school district.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first
above written.
Cheryl F Verbanac
{SEA ,\\�ttttt++lrlr,,, Notary Public for the State of Montana
Bozeman, Montana, My Commision its October 2004
U�P ' (Printe ame Here)
NpTARIg4.c) Notary Public for the State of Montana
• ;* y Residing at
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LANDOWNERS
BY: YDNE RA
1
BY: ETHEL M.DYKSTRA
STATE OF MONTANA )
:ss
COUNTY OF GA�LLLATIN
, ( )
On this r_,l day of (Y� , 2003, before me, a Notary Public for the State of
Montana, personally appeared Sydney and Ethel M. Dykstra, known to me to be the persons that executed the
foregoing Annexation Agreement, and acknowledged to me that they executed the same for and on behalf of
said school district.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first
above written.
(SEAL)
(Printed Name Her
BEN 0Y4F Notary Public for the State 2 Montana
�o,Tn►tL44. Residing at
My Commission Expires:
SEAS. (Use 4 digits for expiration ye
�OF
Laurel Glen Annexation Agreement 16
EXHIBIT"B"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR PAVEMENT,CURB,GUTTER SIDEWALK, STORM DRAINAGE,
AND ASSOCIATED TRAFFIC SIGNAL IMPROVEMENTS
TO DURSTON ROAD AND WEST OAK STREET
AND TRUNK SEWER MAIN IMPROVEMENTS
The undersigned owner of real property situated in the County of Gallatin, State of Montana, and more
particularly described as follows:
A parcel of land being described as Lots 1, 2 and 3, Minor Subdivision No. 201, according to the plat
thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and all
of Durston Road as dedicated on said Minor Subdivision No. 201, and all located in the East Half of the
Southwest Quarter and the West Half of the Southeast Quarter of Section 4,Township 2 South, Range 5
East of P.M.M., Gallatin County,Montana, and more particularly described as:
Beginning at the South Quarter corner of said Section 4; thence westerly 268' 14'44",assumed azimuth
from north, 1337.41 feet along the south line of the Southwest Quarter of said Section 4; thence
northerly 000' 45' 31" azimuth 2633.98 feet along the west line of said East Half of the Southwest
Quarter; thence easterly 089' 18' 14" azimuth 2657.21 feet along the north line of the Southwest Quarter
and the north line of the Southeast Quarter of said Section 4; thence southerly 180° 43' 38" azimuth
2620.28 feet along the east line of said West Half of the Southeast Quarter; thence westerly 2691 46' 58"
azimuth 1321.88 feet along the south line of the Southeast Quarter of said Section 4 to the point of
beginning. Said tract being 159.7072 acres, more or less, along with and subject to all easements of fact
and record.
IN CONSIDERATION, of receiving approval for annexation of the subject property from
the City of Bozeman, along with the accompanying 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 more special improvement districts for improvements, including:
1) Street improvements, including paving, curb/gutter, sidewalk, and storm drainage facilities, and any
associated traffic signals for the following streets: a) Durston Road, and b) West Oak Street, and, 2) Trunk
sewer main improvements to serve the property as outlined in the Wastewater Facility plan, 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.
Laurel Glen Annexation Agreement 17
III)IIII 11 2139301
I I �IIIII I�I�� IIII IIIIIII III I ��� 0210212004 IIIII� ICI 10,00A
Shelley Vanoa-Gallatin Cc MT MISC 114.00
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 day of, L2003.
LANDOW RS
W
BY: CHARLES W. HINESLEY,Repres4oting
HINESLEY FAMILY LIMITED PARTERSHIP
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this '5D day of � , 2003, before me, a Notary Public for the State of
Montana, personally appeared Charles W. Hinesley, representing the Hinesely Family Limited, known to me to
be the person that executed the foregoing Annexation Agreement, and acknowledged to me that he/she executed
the same for and on behalf of said school district.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first
above written.
Cheryl F Verbanac
Notary Public for the State of Montana
Residing at Bozeman, Montana
Commi
(Printed Warne Here) res October 25,2004
ZZ UN
. 03 F' = Notary Public for the State of Montana R�A
*; ;* Residing at
N'. SEAL .- = My Commission Expires:
�' ' r�,..' (Use 4 digits for expiration year)
OF 0
Iillll�����IIIII IIIII III 2139301
II IIIiI IIIIIII I I I IIIIII III 02102/200 of Is
4 1 IIII 0.00R
Shelley Vance-Gallatin Cc MT MISC 114,N
Laurel Glen Annexation Agreement 18
LANDOWNERS
r
BY: NE YKST
Y: ETHEL M. *K� A
L=
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this 30th day of September , 2003, before me, a Notary Public for the State of
Montana, personally appeared Sydney and Ethel M. Dykstra, known to me to be the persons that executed the
foregoing Annexation Agreement, and acknowledged to me that they executed the same for and on behalf of
said school district.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first
above written.
(SEAL)
Yoh LTV
(Printed Name Here)
BEN 0Y'4 Notary Publi f the S to f Montana
apZARWt Residing at
My Commission Expires:
SEAS. (Use 4 digits for expiration yeao
2g
q�OF
2139301
II�II Pass: 10 of 10
!I/ III�I�I II�III IIIII II 07,0212004 10.00ii
Sh�116V Vanoa-6ailatin Cc MT MTSC 114.00
Laurel Glen Annexation Agreement 19