HomeMy WebLinkAbout23 - Annexation & Lot Mergers - Rainbow Creek Rental Properties, LLC - 2018 Rainbow Creek Annexation Inter-office Original to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman MT 549771-1230
2796206
Page 1 of 17 02/2312023 04:37:51 PM Fee: $136.00
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2018 RAINBOW CREEK
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this 13 day of &,P i2mbeT , 2022,
by and between the CITY OF BOZEMAN, a muiticipal 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 Rainbow Creek Rental Properties LLC, 3197 Summerset
Drive, 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 2018 RAINBOW CREEK ANNEXATION situated in Gallatin County, Montana, and more
particularly described as follows:
An area of land comprised described as follows:
BOOK 148 PAGE 207 SW `/4 OF S34 TO]S, R05E, P.M.M. GALLATIN COUNTY, MT
All as depicted on the 2018 RAINBOW CREEK ANNEXATION MAP.
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WHEREAS, the Landowner petitioned the City for annexation to the City of said tract of land,
and
WHEREAS, the 2018 RAINBOW CREEK 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 2018 RAINBOW CREEK
ANNEXATION pursuant to Section 7-2-4601,et seq.,Mont. Code Ann.will allow the 2018 RAINBOW
CREEK ANNEXATION to connect to and utilize City services, including municipal water and sewer
service, fire service, and the City's street system; 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, the parties recognize additional development on the 2018 RAINBOW CREEK
ANNEXATION will impact area streets and fire services, and that future improvements may require
additional public street improvements for traffic circulation and the provisions of fire services; and
WHEREAS, the Landowner finds this Agreement will provide for the most satisfactory and
dependable water supply and sewer supply or service,and provide traffic circulation and.fire service for
development of the 2018 RAINBOW CREEK ANNEXATION; and
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:
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1. Recitals
The above recitals are true and correct.
2. Annexation
The Landowner filed an application for annexation of the 2018 RAINBOW CREEK
ANNEXATION witli the City on May 29,2018. By execution of this Agreement,the City manifests its
intent to annex the 201.8 RAINBOW CREEK 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
shall, upon execution of this Agreement, adopt a Resolution of Annexation of the 2018 RAINBOW
CREEK ANNEXATION. Further, upon the execution of this Agreement, 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 previsions of this Agreement and to effect the annexation of the
2018 RAINBOW CREEK ANNEXATION.
3. Services Provided
The City will, upon annexation, make available to the 2018 RAINBOW CREEK
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 ill 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 2018 RAINBOW CREEK ANNEXATION. Nothing in this
Agreement shall obligate the City to pay for right-of-way acquisition, engineering, construction, and
2018 Rainbow Creek Annexation Agreement
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other costs for the delivery of water to or within the 2018 RAINBOW CREEK 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 2018 RAINBOW CREEK 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 2018 RAINBOW CREEK
ANNEXATION to include, but not limited to, any impact fees, hookup, connection, or development
charges which may be established by the City.
6. Water and Sewer Connections
Landowner understands and agrees that upon development, water and sewer services must be
constructed in accordance with design and specifications approved by the City prior to the installation
of the grater and sewer lines.Landowner must contact the City Water and Sewer Superintendent 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/or 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 Superintendent that the abandonnnent occurred. The applicant must report the
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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 service to the septic tank has
been completely disconnected from the old septic system prior to connection 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 piping must be provided. The City Water and Sewer Superintendent
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 system and/or fails to disconnect the existing well from the domestic water
piping as required herein the City may upon 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$1,404 for
cash-in-lieu of water rights for the existing home on the property is due at the time of annexation.
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8. Comprehensive Water and Water Desi,-n Report
Prior to future development of the property the City may require the Landowner 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 the proposed development, the report must identify necessary water or wastewater system
improvements necessary for the proposed development. If improvements to this water or wastewater
system are necessary, the Landowner agrees prior to development of the 2018 RAINBOW CREEK
ANNEXATION to complete, at Landowner's expense,the necessary system improvements to serve the
proposed development.
9. 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 2018 RAINBOW CREEK ANNEXATION until it is verified by the City that the
necessary municipal services, including but not limited to police and fire protection, streets, and sewer
and water capacity, are available to all or a portion of the 2018 RAINBOW CREEK 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 sole expense, any facilities or
infrastructure required to provide full municipal services to the 2018 RAINBOW CREEK
ANNEXATION in accordance with the City's infrastructure plans,adopted Growth Policies/Community
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Plans, and all other city regulations, policies and guidelines that .may be in effect at the time of
development.
10. Stormwater Master Plan
Landowner understands and agrees a Stormwater Master Plan for the 2018 RAINBOW CREEK
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 plan must demonstrate that adequate treatment of runoff from the public
streets and all future lots will be achieved by providing spot elevations, flow direction arrows, detention
and/or retention basin details (including basin sizing calculations and basin typical sections), outlet
structure details, and culvert capacity calculations. The plan must also locate and.provide easements for
adequate drainage ways within the annexation area to transport treated runoff to the stormwater receiving
channel. The plan shall include site grading and elevation information, typical stormwater
detention/retention basin and discharge structure details, basin sizing calculations, and Stormwater
maintenance plan.
11. Waiver of Right-to-Protest Special Improvement Districts
A. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Improvement
Districts (SID) for the maintenance of any parks within the annexed area and/or of a City-wide Park
Maintenance District. The Landowner agrees such SID will provide a mechanism for the fair and
equitable assessment of maintenance costs for such parks. 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 improvement
Districts for street improvements including paving, curb and gutter, sidewalk and stormwater drainage
facilities for BAXTER LANE. Landowner agrees such an SID will provide a mechanism for the fair and
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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 shall execute a Waiver of Right-to-Protest Creation of Special Improvement
Districts for intersection improvements to the intersections of BAXTER LANE AND HARPER
PUCKETT, BAXTER LANE AND NORTH COTTONWOOD ROAD, AND BAXTER LANE AND
FLANDERS MILL ROAD. Landowner agrees such an 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.
D. Landowner agrees that in the event an SID is not utilized for the completion of these
improvements as described in subsections A, B, and C 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.
12. Public Street and Utility Easement
The Landowner understands and agrees that a public street and utility easement shall be provided
for a 20-FEET OF ADDITIONAL RIGHT-OF-WAY ALONG BAXTER ROAD WHICH WILL
CONTAIN A I0-FOOT UTILITY EASEMENT. The Landowner, at its sole expense, has created such
an easements in a location and form agreeable to the City and the easements will be filed at the Gallatin
County Clerk and Recorder's Office.
13. Street Improvements
The Landowner understands and agrees that at the time of future development the portion of
BAXTER LANE fronting this property will be required to be improved to a City standard.
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14. Impact Fees
Landowner acknowledges that annexation and 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, if any,
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 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 201.8 RAINBOW CREEK 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/Developer 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
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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 ol'the State of Montana.
15. 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 2018 RAINBOW CREEK ANNEXATION. The
parties further agree that the City may file these documents at any time.
16. 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.
17. 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.
18. Waiver
No waiver by either party of any breach of any term, covenant or agreement shall be deemed a
waiver of the sane or any subsequent breach of this same or any other term, covenant or agreement. No
covenant, tenn or agreement shall be deemed waived by either party unless waived in writing.
19. Invalid Provision
The invalidity or unenforceability of any provision of this 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.
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20. Modifications or Alterations
No modifications or amendment of this Agreement shall be valid unless evidenced by a writing
signed by the parties hereto.
21. 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 vkri-itten consent of the City.
22. 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.
23. Covenants to Run �r ifli the Land
The parties intend that the terns of this Agreement shall benefit the 2018 RAINBOW CREEK
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.
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IN WITNESS WHEREOF,the parties hereto have caused this agreement to be executed the day and
year first above written.
LANDOWNER
RAi BOW CREEK RENTAL PROPERTIES LLC
By: tt,_arye,-, z- �C,
Title:
S'FATE OF 1 k- 0t' - )
:ss
COUNTY OF �`}.v1Lc• „ )
On this day of �L Tc--,-•rriC- , 2022, before me, the undersigned, a Notary
Public for the State of 4 -, personally appeared P iA Y i�t,ti,. � (, '"il -a r 4 c.-
known to me to be the landowner that executed the within instrument, and acknowledged to me that he
executed the same for and on behalf of landowner. -V L24i a 06�&ii OMPt N' c_tc—
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL) ,
�UpFs, / -
CHRIS BUDESKI f
O Notary Public "� J c�
No-TA 144. for the State of Montana kk `
a
Printed Name Here i5•* Residing at: ( ) Gd-#�
'.PASEAL, �; Bozeman, Montana Notary Public for the State of a ccKh
My Commission Expires:
November 26,2023 Residing at F c,3 N en t�k, _"I�T_..
My Commission Expires: k& L-vaj
(Use 4 digits for expiration year)
2018 Rainbow Creek Annexation Agreement 12
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CITY OF BOZEMAN
(::�k 26�L' u-
13(�-JfMiheftich, City Manager
ATTEST:
Mike Maas, City Cleirk 'Y :r•�� `' I
g 0 ..:J
STATE OF MONTANA )
:SS
COUNTY OF GALLATIN )
On this 23 day of Se(*P Yrn her , 2022, before me, a Notary Public for the
state of Montana, personally appeared Jeff Mihelich and Mike Maas, known to me to the persons
described in and who executed the foregoing instrument as City Manager and Clerk of the City
Commission respectively. of the City of Bozeman, whose naives 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.
(SEAL)
u&-
(P nteff ame Here)
Notary'Public for the State of Montana
N.xOlj'aK"'r�, TAYLOR CHAMBERS Residing at f�
: a+ Notary Public My Commission Expires: 2 ZS
�lh.dTAR/A : `for the State of Montana
Residing at: (Use 4 digits for expiration year)
FAL Bozeman, Montana
Au
••' My Commission Expires:
,,,,.•,,,.....o`� January 12,2025
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EXHIBIT "A"
WAIVER OF RIGHT-TO-PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICT
FOR A CITY-WIDE SPECIAL DISTRICT FOR PARKS,TRAILS OR OPEN SPACE
2018 RAINBOW CREEK ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
BOOK 148 PAGE 207 SW '/4 OF S34 T01S, R05E, P.M.M, GALLATIN COUNTY, MT
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.
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DATED this 13 day of T' 2022.
LANDOWNER
7
RAINBOW CREEK RENTAL PROPERTIES LLC
By: � it? Ec"�
Title: -
STATE OF
:SS
COUNTY OF
f�EJ%C y�i/�c c_ n
On this ( day of 2022, before me,the undersigned. a Notary
for the State of c.".' - personally appeared l '�`'''`""� �
P ) PP ( � a y«�-- � �c'e.k r, r-.y� -�3
known to me to be the landowner that executed the within instrument, and acknowledged to me that lie
executed the same for and on behalf of landowner. a( kAi w r a cry Fe i Prl i1 c,Z He,S c c t
Cry 'z�•,'�(a3
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
CHRIS BUDESKI
p Notary Public
NOTARIq�. =for the State of MontanaResi
SEAL. e= Bozeman, Moning � - t A-
z= Montana (Printed Name Here) G-i:(�2( 5 {��Ltl13c-7t
My Commission Expires: ,
`'"°F"'O>'"��� November26,za2a Notary Public for the State of 1'7'( �
Residing at
My Commission Expires: ICI '' � , 2«z3'
(tJse 4 digits for expiration year)
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EXHIBIT "B"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
2018 RAINBOW CREEK ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
BOOK 148 PAGE 207 SW % OF S34 TO S. ROSE, P.M.M, GALLATIN COUNTY, MT
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
BAXTER LANE AND BAXTER LANE AND HARPER PUCKETT, BAXTER LANE AND
NORTH COTTONWOOD ROAD, AND BAXTER LANE AND FLANDERS MILL ROAD
INTERSECTIONS which will be caused by the development of the above-described properly, 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 improvement districts for the construction and maintenance of
following improvements: paving, curb/gutter, sidewalk, storm drainage facilities for BAXTER
LANE AND BAXTER LANE AND HARPER PUCKETT, BAXTER LANE AND NORTH
COTTONWOOD ROAD, AND BAXTER LANE AND FLANDERS MILL ROAD
INTERSECTIONS,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.
In the event a SID is not utilized for the completion of these improvements, the developer agrees
to participate in an alternate financing method for the completion of said improvements on a fair share,
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proportionate basis as detennined 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.
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 7�.�TL_� rr�C�� ,2022
LANDOWNER
RAINBOW CREEK RENTAL PROPERTIES LLC
By:
Title: lnz vV A j# 6,(,,C c, �`'�y ►�
STATE OF «-, )
:ss
COUNTY OF -�`k(c.4;►^ )
On this _da of j u� -f t� �_ ,2022, before me, the undersigned, a Notary PuUlic
for the State of personally appeared_ZZc 3 l�z" Z C4„t,, �,,,;�,�, known
to me to be the landowner that executed the within instrument, and acknowledge e that he
executed the same for and on behalf of landowner. # �At -e3a„C,, G IA a✓e1` 12 'ur4t- «•t-
�rJ
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
CHRIS BUDESKI
Notary Public '
,yozaflrg4%' for the State of Montana
* * Residing at:
�; (Printed Name Here) �L( (s �3(�,�
. .SEAL. Bozeman, Montana
My Commission Expires: Notary Public for the State of OF
ft,
November 26,2023 J Residing at
My Commission Expires: -,
(Use 4 digits for expiration year)
2018 Rainbow Creek Annexation Agreement 17