HomeMy WebLinkAboutResolution 4002 Morgan Annexation Agreement #A-06010
City Clerk
P.O. Box 1230
Bozeman, MT 59771-1230
.
.
.
v' II11I1111111111111111111111111111111111111111111111111I ~~~~~r~t~p
,Charlotte Mills-Gallatin Co MTMISC
139,00
COMMISSION RESOLUTION NO. 4002
---
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN
SO AS TO INCLUDE WITHIN THE CORPORATE LIMITS OF THE CITY OF
BOZEMAN A TRACT OF LAND TO SAID CITY, KNOWN AS "TRACT 2 OF
COS 2276, IN THE NWl/4 OF SECTION 11, TOWNSHIP 2S, RANGE 5E, PMM,
GALLATIN COUNTY, MONTANA"AND HEREIN MORE
PARTICULULARLY DESCRIBED.
WHEREAS, the City of Bozeman received a request for annexation from Morgan Homes, Inc.,
owner of the lot, containing the signatures of 100 percent of the real property owners of the area, requesting
the City Commission to establish the boundaries of the City of Bozeman so as to include the tract ofland
know as Tract 2 ofCOS 2276, in the NW \4 of Section 11, T2S, R5E, PMM, located at 3017 West Babcock
Street, in the County of Gallatin, State of Montana; and
WHEREAS, an annexation staff report has been prepared in accordance with the Commission's
goals and policies for annexation an~ was presented to the Commission; and
WHEREAS, the City did not receive any written protest from the real property owners of the area
to be annexed; and
WHEREAS, on November 6, 2006, the Commission authorized and dire;:ted St,affto process a
"Part 46 Annexation" and prepare the necessary documents to proceed with the annexation of this lot in
accordance with their decision regarding the provision of services to said tract; and
WHEREAS, the provision of available services, including, but not limited to, rights-of-way,
easements, water rights or cash in lieu, waivers of protest against creation of SID's and water and sewer
hookup fees, to said lots is the subject of a written agreement between the City of Bozeman and Morgan
Homes, Inc., record owner of the lot; and
39b -
WHEREAS, said lot is the subject ofa plat(s) orCertificate(s) of Survey, filed in the office ofthe
Gallatin County Clerk and Recorder's Office; and
WHEREAS, the Bozeman City Commission hereby finds that the annexation of this lot is in the
best interests of the City of Bozeman and the inhabitants thereof and of the inhabitants of the tract.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana:
Section 1
That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, M,C.A., the following-
described property be annexed to the City of Bozeman and that the boundaries of said City shall be modified
so as to embrace and include such 1.097 acres of land, to wit, and as further described on Exhibit A,
attached hereto:
A 1.097 acre tract 2 of cas 2276, in the NW y,. of Section 11, T2S, R5E, PMM, located
at 3017 West Babcock Street, Gallatin-County, Montana; and
Section 2
The effective date of this annexation is Z, ~rv"J
Section 3
,2007.
The annexation of the above-described tract is subject to the terms of the Agreement dated
z,' i;<knJl7
, by and between the City of Bozeman and Morgan Homes, Inc.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
r'
regular session thereof held on the 2J day
~
2007.
/~
IIIIIIIII~ 1111111111 111111 11111111111111 11111 11111111 ~:~~~;5;1~p
Charlotte Mills-Gallatin Co MTMISC 139,00
3~ -
.
.
.
.
.
.
..
~ LeLt.. ~____
JEFF U, ayor
f
. 11""II~" 111111111111111111111 111111 111111111111 I11I ~~;~~;5:t~p
Charlotte Mills-Gallatin Co MTMISC 139,00
39~ -
.,
Inter-office Original to:
City of Bozeman
Planning Department
20 East Olive Street
1111Im/11 1111111111 11111111111111111 1111111111111111 g~~~t:p
Charlotte Mills-Gallatin Co MTMISC 139,00
MORGAN
ANNEXATION AGREEMENT
THIS AGREEMENT is made and entered into this Z ~ day of ~ _ ,2007, 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, and mailing address at P.O. Box
1230, Bozeman, Montana, 59771-1230, hereinafter referred to as "City," and Morgan Homes, Inc.,
1423 Cougar Drive, Bozeman, MT 59715, hereinafter referred to as "Landowner."
WITNESSETH:
WHEREAS, the Landowner is owner in fee of tracts of certain real property, hereinafter
referred to as the "MORGAN ANNEXATION," situated in Gallatin County, Montana, and more
particularly described as follows:
Tract 2, Certificate of Survey No. 2276, located in the northwest quarter of Section 11,
Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana.
WHEREAS, the Landowner has petitioned the City for annexation of the contiguous tracts;
and
WHEREAS, the MORGAN ANNEXATION is not within the corporate limits of the City of
Bozeman or other municipality but is contiguous to the City and may therefore be annexed to the City
in accordance with the provisions of this Agreement and MCA Title 7, Chapter 2, Part 46; and
WHEREAS, all parties recognize that the annexation of the MORGAN ANNEXATION
pursuant to Section 7-2-4601, et seq., MCA, will entitle the said property to City services, including
municipal water and sewer service, upon their availability; and
WHEREAS, MCA Section 7-2-4610 provides that a municipality and landowner can agree to
the provision of services to the area to be annexed; and
WHEREAS, the City's present water supply is insufficient to enable it to supply reasonably
adequate water service to additional customers outside the present city boundaries; and
WHEREAS, the Landowner wishes to convey to the City certain water rights or take some
Morgan Annexation Agreement: Page 1 of 14
equivalent action to provide water and sewer service to the MORGAN ANNEXATION; and
WHEREAS, all parties recognize that the development of the MORGAN ANNEXATION will
impact Babcock Street and York Street, and will not require additional public street improvements; and
WHEREAS, the Landowner finds that this Agreement will provide for the most satisfactory
and dependable water supply or service available to furnish water and provide traffic circulation for
development near and within the MORGAN ANNEXATION; and
WHEREAS, the making and performance of this Agreement is desirable to promote the
development of the most adequate water supply 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 and traffic system by the City is
necessary and of mutual advantage to the parties hereto; and
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.
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. Aurnnexation
The Landowner filed an application for annexation of the MORGAN ANNEXATION with the
City on July 28, 2006. By execution of this Agreement, the City has manifested its intention to annex
the subject property 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 MORGAN 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
MORGAN ANNEXATION tracts 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 MORGAN ANNEXATION, as provided in this Agreement.
IIIII~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ~~~~~?~?~p
. Charlotte Mills-Gallatin Co MTMISC 139,00
Morgan Annexation Agreement: Page 2 of 14
4.
M .. lW S . D fin d Charlotte Mills-Gallatin Co MTMISC
UmClpa ater ervlce e e '
I111111 111111111111111111111111111111111111111111111\ g~~f:1~p
139,00
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 MORGAN ANNEXATION. Nothing in this
Agreement shall obligate the City to pay for right-of-way acquisition, engineering, construction, and
other costs for the delivery of water to or within the MORGAN ANNEXATION to include, but not
limited to, any impact fees, hook-up, connection, or development charges which may be established by
the City. Upon annexation and availability of services, any existing residences or businesses on
the subject property must be connected to City water and sewer utilities. Any wells presendy
used for domestic purpose can be retained for irrigation only with no physical connection to
domestic water piping,
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 MORGAN 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 MORGAN ANNEXATION to include,
but not limited to, any impact fees, hookup, connection, or development charges which may be
established by the City. Upon annexation and availability of services, any existing residences or
businesses on the subject property must be connected to City water and sewer utilities. The
existing on-site treatment systems must be properly abandoned and certification provided
indicating that the abandonment has occurred.
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
Morgan Annexation Agreement: Page 3 of 14
IIIIIIIIIII~ 11111111111111111111111111111111111111 ~~;~~r:t~p
Char lot te Mi 11 s-Ga11a t in Co MT MISC 139,00
ten (10) acres, this policy shall be carried out prior to final plat approval of each development
phase.
-Section 2, No.5, Commission Resolution 3907, Adopted August 24,2006
The MORGAN ANNEXATION consists of approximately 1.097 acres, The Landowner
understands and agrees that they must provide sufficient water rights in accordance with the City's
policy according to the following schedule:
MORGAN ANNEXATION, consisting of a total of 1.097 acres, shall provide water rights or
cash-in-lieu prior to final subdivision plat approval, final site plan approval, or issuance of
building pennits, whichever comes first.
The Landowner shall provide sufficient cash-in-lieu as calculated by the City Engineer 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.
7. Comprehensive Water and Sewer Design Report
The applicant is advised 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.
Prior to development of the subject annexation, the applicant's engineer will be required to
prepare a comprehensive design report evaluating the existing capacity of both the water and sewer
utilities. The report must include hydraulic evaluations of each utility for both existing and post
development demands. The report findings must demonstrate that adequate capacity is available to
serve full development of the annexation area.
If adequate water and/or sewer capacity is not available for the full development, the report
must identify the water and sewer system improvements required to provide the necessary capacity.
Any improvements necessary to serve the full development must be in place prior to further
development of the site,
8. Future Development and/or Subdivision
Landowner understands and agrees that there is no right, either granted or implied by the City,
for the Landowner to develop any of the MORGAN ANNEXATION until it is verified by the City that
necessary municipal services, including but not limited to police and fire protection, are available to all
or a portion of the MORGAN ANNEXATION. The Landowner is hereby on notice of the following
requirements upon further development or subdivision of the MORGAN ANNEXATION:
a) Prior to future development, the applicant will be responsible for installing any facilities
Morgan Annexation Agreement: Page 4 of 14
1111I11I1111111111111111111111111111111111111111111111 ~~;~~f:f~p
Charlotte Mills-Gallatin Co MTMISC
139,00
required to provide full municipal services to the property in accordance with the City of
Bozeman's infrastructure master plans and all city policies that may be in effect at the
time of development.
b) Existing mature vegetation shall be saved and/ or relocated within the subject property
to the maximum extent feasible.
9. Existing Non-Conforming Uses
The Landowner understands and agrees that whenever a lawful nonconforming use of a
building, structure, or land is discontinued for a period of 90 days, any future use of the building,
structure, or land shall be in conformity with the provisions of this title.
10. Impact Fees
Landowner(s) hereby acknowledge that annexation and development of their property will
impact the City's existing street, water, and sewer infrastructure, and fire service capacities. At the time
of annexation, the landowners shall pay all street and fire impact fees that are attributable for the
existing residence unless the structure is removed. At the time of connection to the City's water and
sewer facilities, the landowners shall pay all applicable water and sewer impact fees. The applicants
should be made aware that at the time of any further development on the properties, the land owners
and their successors shall pay all additional impact fees required by Chapter 3.24, Bozeman Municipal
Code,
Landowners further understand and agree that any improvements, either on- or off-site,
necessary to provide connection of the MORGAN ANNEXATION tract to municipal services which are
wholly attributable to the property are "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 Landowner shall default on this condition at the time such is to be perfonned, and should
default not be remedied or corrected within thirty (30) days after written notice by City to Landowner 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 Landowner for the collection of
such sums, including the entry of any judgment. In addition, the City may, at its option,
enforce payment of such amounts 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.
Landowner(s) hereby acknowledge and agree 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
Morgan Annexation Agreement: Page 5 of 14
\ 111111 1\1 \\11\1\111 1\1\1\ 11111 \1\11\ III 11\11 11\\ III! ~~3~~r:1 ~ p
Charlotte Mills-Gallatin Co MTMISC 139.00 .-
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 fees as specified above, in
the amounts calculated for all such fees based upon the rates established at the date of this agreement.
11. Stonnwater Master Plan
Landowner understands and agrees that prior to development of the MORGAN ANNEXATION,
a stonnwater drainage and grading plan shall be provided to and approved by the City Engineer. 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), oudet 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 stonnwater receiving channel.
12. T raffle Analysis Report
If required by the Engineering Department, the landowner shall provide a detailed Traffic
Impact Analysis Report(s) prior to future development of any portion of the annexed property.
13. Waiver of Right-to-Protest Special Improvement Districts
Landowner has executed, at the Gallatin County Clerk & Recorder's Office, a Waiver of Right-
to-Protest Creation of Special Improvement Districts for street improvements, including but not
limited to the following improvements: West Babcock Street; signalization improvements for the
intersection of West Babcock Street and Fowler Avenue; and signalization improvements for the
intersection of West Babcock Street and Ferguson Avenue. Further, the landowner has executed,
at the Gallatin County Clerk & Recorder's Office, a Waiver of Right-to-Protest Creation of Special
Improvements Districts for a City-wide Park Maintenance District, which would provide a mechanism
for the fair and equitable assessment of maintenance costs for City parks as part of the Annexation
Agreement. Said Waivers are attached hereto as Exhibits A and B.
The filed documents specify that in the event an 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, proportionate basis as determined by square footage of property,
taxable valuation of the property, traffic contribution from the development, or a combination thereof.
14. Parks. Open Space and Trails
The landowner understands and agrees that to achieve the goals and objectives set forth in the
Bozeman 2020 Community Plan, any contiguous parks, open space, and/ or trails shall be extended to
Morgan Annexation Agreement: Page 6 of 14
I 111111 IHI 11111 11111 111111 11111111111 1111111111111111 ~~~~~~0~:P
Charlotte Mills-Gallatin Co MTMISC 139,00
the annexed property, and a master plan of said parks, open space and trails shall be provided with the
signed annexation agreement.
15. Master Plan
The landowner acknowledges and agrees that future development will comply with the goals and
policies of the Bozeman 2020 Community Plan, and having recognized the City's concern for
implementation of progressive urban design guidelines outlined in the Bozeman 2020 Community Plan
for both community and neighborhood design, a Master Plan of the land use patterns and types for
development of the property that addresses compatibility with and sensitivity to the immediate
environment of the site and the adjacent neighborhoods relative to architectural design, building mass
and height, neighborhood identity, landscaping, historical character, orientation of buildings, and visual
integration shall be provided with the signed annexation agreement. Special attention to the provision
of adequate buffering, between the subject property and the residential uses to the west, will be of
utmost importance.
17. Utilitr Easements
Landowner understands and agrees that utility easements, a minimum of 30 feet in width, will 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 procedure, but in no event later than the filing of any final plat or site plan or issuance of a
building permit on any of the parcels.
18. Additional Terms of Waivers
The parties recognize that these documents shall be filed and of record with the Gallatin County
Clerk and Recorder prior to the sale of any land within the MORGAN ANNEXATION. The parties
further agree that the City may file these documents at any time.
19. 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 concerning this Agreement, venue is in the Eighteenth Judicial District Court,
Gallatin County, State of Montana.
20. 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.
Morgan Annexation Agreement: Page 7 of 14
11II111 WI 1111111111 111111 111111111111111111111111111 ~~3~~fJ~p
23. Waiver Charlotte Mills-Gallatin Co MTMISC 139,00
No waiver by either party of any breach of any term, covenant, or agreement shall be deemed a
waiver of the same or any subsequent breach of this same or any other term, covenant or agreement.
No covenant, term or agreement shall be deemed waived by either party unless waived in writing,
24. 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.
25. Modifications or Alterations
No modification or amendment of this Agreement shall be valid unless evidenced by a writing
signed by the parties hereto.
26. No Assignment
It is expressly agreed that the Landowner shall not assign this Agreement in whole or in part
without prior written consent of the City.
27. Successors
'Ibis Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties
hereto and their respective heirs, successors and assigns.
28. 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 Landowners affirms that they have authority to enter into this Agreement on
behalf of their partnership, and to bind the partnership to this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
clay and year first above written.
Morgan Annexation Agreement: Page 8 of 14
LANDOWNER
STATE OF MOVL-kfl..a. )
c@l- ~pv-
Jo Morgan
~~~ (~
I
County of cm..Ua:t\ t\
ss.
)
On this '2.~ day of V\Aa.-, 2007, before me, a Notary Public for the State of
Montana, personally appeared John Morgan own to me to be the person whose name is subscribed
to the within instrument and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have
day and year first above ~~lJJI/"'II'I'
~<< ~'rBI.I I/~
~ ~~ .... (~. ~
~ ,..-.. ..,"~~
"'. ..r ~
ff ~~TARI..q~'.. ~
; *: S -'- . E
: . .*::
~~. EAL. ;:
% ~ . . . . . .~"r ~
~ 'A .... "'~ ~
~;~-OF.'O~' #
~"Ii IV' 1l.\\~
""""11111'\\\~
ereunto set my hand and affixed my Notarial Seal the
~ ~,...s,I~L · h .
\; t( (print Name Here)
Notary P blic for the State of Montana
Residingat--BO~
My Commission Expires: ~O$()
(Use 4 digits for expiration year)
IIIIIII~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ~~~~~~0~:P
,Charlotte Mills-Gallatin Co MTMISC 139,00
Morgan Annexation Agreement: Page 9 of 14
CITY OF BOZEMAN
~:i~
hris A. Kukulski
City Manager
)
ss.
County of Gallatin )
On this May of ,2007, before me, a Notary Public for
the state of Montana, personally appeared Chri A. Kulkulski and Brit Fontenot, known to me to the
persons described in and who executed the foregoing instrument as City Manager and City Clerk
respectively, of the City of Bozeman, whose names are subscribed to the within instrument and
acknowledged to me that they executed the same for and on behalf of said City.
IN WITNESS Wt\~q.t: I have hereunto set my hand and affixed my Notarial Seal the day
and year first above"", B f" '''''''' tk.
~~\>",.,... /I;,~ "if
l,;r:' 0 TARt' , .~-Z\ a/her h/lIlJII.tLtriore)
g.:r . ~ -1~ " Co ~ INotary Public for the State of Monta a
- . -.- m ;: .
~ * '. (~ ... : lit ~ Residing at
~~. .~.r.Jit :'f( $ My Commission Expires: '()
~"1~ . . . . . ;;""f:"lti>~~ (Use 4 digits for expiration year)
"/,'1. Or. MO . . \>,:;....
I ill
1\1111\ Hili 11111 11111 111111 11111111111 III 1111111111111 ~~;~~f~~p
Charlotte Mills-Gallatin Co MTMISC 139,00
Morgan Annexation Agreement: Page 10 of 14
e:
('I') 0
q-~ N
o
It) '0 t-
N",,~
U)~~
Na;~
m-
N~~
_0
_0
~ai
==== ~
-
~
~
-u
==== ~
-JE:
-I-
-:IE
;;;;;;;;;;;;;;; 0
_u
~c
-,~
==== ':G
~::
==== III
_e>
=1
-..
--
--
-,,~
=E:
~Q)
--
--
-0
==== ~
-Ill
~r.
_u
EXHIBIT B
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL PARKS MAINTENANCE DISTRICTS
MORGAN ANNEXATION
The undersigned owners of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
Tract 2, Certificate of Survey No. 2276, located in the northwest quarter of Section 11,
Township 2 South, Range 5 East, P .M.M., Gallatin County, Montana.
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 on the City's park
facilities and the need for the maintenance of municipal park areas to serve City residents, the owners
have waived and do hereby waive for themselves, their successors and assigns, the right to protest the
creation of one or more special parks maintenance or improvement districts for a City-wide Parks
Maintenance District, 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 parks
maintenance or improvement districts.
In the event City-wide Parks Maintenance or Special Improvement Districts are not utilized for the
City-wide park maintenance, we agree to participate in an alternate financing method for completion of
said improvements on a fair share, proportionate basis as determined by square footage of the property,
linear front footage of the property, taxable valuation of the property, or a combination thereof.
This waiver shall be a covenant running with the land and shall not expire with the dissolution of
the limited partnership, provided however this waiver shall apply to the lands herein described.
The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the
successors-in-interest artd assigns of the parties hereto.
Morgan Annexation Agreement: Page 13 of 14
DATED this 7Aa day of FiD
,2007.
LANDOWNER
STATE OF f'lUYL~
Countyof C~f\
0:;(;f17-- ~
J onn Morgan .
~"r--J ~ I~
(
ss.
On this ~ day of ~, 2007, before me, a Notary Public for the State of
Montana, personally appeared John Morga known to me to be the person whose name is subscribed
to the within instrument and acknowledged 0 me that he executed the same.
IN WITNESS W~H.RFOF, I hav hereunto set my hand and affixed my Notarial Seal the
~~nn~~ ,
day and year first ~..~':":'ftlll~/0 f\ "l-.~ \\,t~ fIt-.
~ ~ ...... '~1\ ~ """'v
~ "f-.- .. ~
~ :~O't AR/A{ '. '%.
~ : (~ . * ~
%*. SEAL: g
., . ee-::::-
~ .n . . ~;::
~ Y'" . . ~ ~
~ ~ . .~' i:fo
'iT .... *
//~/): OF t.\O '!\\~
1111111, '''\\\\
'I".... (print Name Here)
Notary blic for the State of Montana
Residing at BOz3::,('YlO-..i1
My Commission Expires: ~
(Use 4 digits for expiration year)
II11111 Hili 11111 11111 111111 11111 111111 III 111111111 1111 ~~;~~~,t~p
. Charlotte Mills-Gallatin Co MTMISC 139 00
Morgan Annexation Agreement: Page 14 of 14
EXHIBIT A
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
MORGAN ANNEXATION
The undersigned owners of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
Tract 2, Certificate of Survey No. 2276, located in the northwest quarter of Section 11,
Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana.
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 West
Babcock Street 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 including but not ~ted to the following improvements:
West Babcock Street; signalization improvements for the intersection of West Babcock Street
and Fowler Avenue; and signalization improvements for the intersection of West Babcock Street
and Ferguson Avenue, 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 an 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, proportionate basis as determined by square footage of property, taxable valuation of the
property, traffic contribution from the development or a combination thereof.
This waiver shall be a covenant running with the land and shall not expire with the dissolution of
the limited partnership, provided however this waiver shall apply to the lands herein described.
IIIIIIII~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ~~~~~~~~:p
Charlotte Mills-Gallatin Co MTMISC
139,00
Morgan Annexation Agreement: Page 11 of 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 z,1. day of ~ ..
,2007.
LANDOWNER
STATE OF J{OVl1-z;t.rL{t. )
~~ f ;:r.-'~'
Jo n Morgan
~'---' t~,.,JIL/_
,
ss.
County of ~Lla..~ n )
On this ~ day of~, 2007, before me, a Notary Public for the State of
Montana, personally appeared j()hn Mo~~known to me to be the person whose name is subscribed
to the within instrument and acknowledge to me that he executed the same.
day and year first abov~."""II/,
~'\,...fJ eve I.I~II/J'~
~ r......(~
*.. . ~~
~ :~rAIi '.~ ~
=. 'AI.. i
= * . -. ( -
~ ~'. 81;':L :' i
~-y.. ~. . *~
~ ~. . . . . .. ~
~ (-'0 .... ~'~
'/,1,1,1111 'I=' MO~ ~\\-#
110,,, "\111\\\\~
IN WITNESS WHEREOF, I hav hereunto set my hand and affixed my Notarial Seal the
Q} ~~ 'n~~ ~N<-
ak~~
,4~ B 1.1 u'" (Print Name Here)
Notary blic for the State of Montana
Residing at ~~fl14.n
My Commission Expires: i 2-1 II ZOW
(U se 4 digits for expiration year)
1111111111111111111111111111111111111111111111111111111 ~~~~~f0f:p
Charlotte Mills-Gallatin Co MTMISC 139 00
Morgan Annexation Agreement: Page 12 of 14