HomeMy WebLinkAbout07- Louis Annexation (William H. and Mardie Louis, James D. and Bonnie L. Secor, and Brenda Baker) Annexation Agreement
Bozeman City Clerk
P.O. Box 1730
Bozeman, MT 59771-1230
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2264033
Page; 1 of 22
04/26/200702;13P
174.00
Charlotte Mills-Gallatin Co MTMISC
LOUIS ANNEXATION
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this 2..IR -tk day of ---Ap0
,2006,
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 WILLIAM H. AND MARDIE LOUIS, 1242 Thomas Drive, Bozeman, Montana 59718,
and JAMES D. AND BONNIE L. SECOR, 1295 Thomas Lane, Bozeman, MT 59718, and, BRENDA
BAKER, 1317 Thomas Drive, Bozeman, 'MT 59718 Gallatin County, hereinafter referred to as
"Landowner" .
WHEREAS, Landowners are owners in fee of a tract of certain real property, hereinafter referred
to as the LOUIS ANNEXATION tract situated in Gallatin County, Montana, and more particularly
described as follows:
A tract of land being Lot 4-7, Baxter Lane Subdivision No.1 located in the East One-Half of the
East One-Half of the Southwest One-Quarter of Section 35, Township 1 South, Range 5 East,
Principal Meridian Montana, Gallatin County, Montana, being 3.6372 acres, along with and subject
to any and all existing easements.
WHEREAS, the l_andowners have petitioned the City for annexation of said tract of land; and
WHEREAS, the LOUIS ANNEXATIONis 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 43.
WHEREAS, all parties recognize that the annexation of the LOUIS ANNEXATIONpursuant
to Section 7-2-4305, 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 7-2-4305 provides that a municipality and landowner can agree to
the provisions of services to the area to be annexed; and
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Charlotte Mills~Gallatin Co MTMISC
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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 recogruze that the development of the LOUIS ANlVEXATION will
impact area streets, and that future improvements may require additional public street improvements for
traffic circulation; and
WHEREAS, the Landowners wish to convey to the City certain water rights or take somc
equivalent action to providc water and sewer service to the LOUIS ANNEXATION, and
WHEREAS, the Landowners find 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 LOUIS ANlVEXATION, and
WHEREAS, the making and performance of this Agreement is desirable to promote the
development of thc 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 watcr 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 Landowner,
and in furthcrance of the public health, safety and welfare of the community to enter into and implement
this Agreement.
WITNE SET H:
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.
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2.
Annexation
Charlotte Mills-Gallatin Co MTMISC
174,00
The Landowner, William H. Louis, filed an application for annexation of the LOUIS
AlVNEXATIONwith the City on March 30, 2005 for Lot 4 and 5, Baxter Lane Subdivision No. 1.
Said application was modified July 25, 2005 to include three (3) landowners of adjacent lands (i.e., Lot
1, Lot 6 and Lot 7) in said request for annexation; Bruce C. Campbell, James D. Secor, and Brenda
Baker. On November 29, 2005 Bruce C. Campbell, being the landowner of record of Lot 1, Baxter
Lane Subdivision, No.1, formally withdrew from the application requesting annexation. The City, on
1"ebruary 25, 2004, adopted a Resolution of Intent to Annex the LOUIS ANlVEXATION By
execution of this Agreement, the City has manifested its intention to annex the LOUIS
ANNEXA TION tract pursuant to the terms and conditions of this Agreement. Subject to the
provisions of Title 7, Chapter 2, Part 43, the City shall, upon execution of this Agreement, adopt a
Resolution ofi\nnexation of the LOUIS ANNEXA TION to the City. Further, upon the execution
of this Agreement, the Landowners 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 LOUIS ANNEXA TION 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 LOUIS ANNEXA TION, 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
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Charlc:>_tte M!J.IS-G~l}atin._~o MTMISC
174.00
City for delivery of water to and within the LOUIS ANEXATION 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 LOUIS ANNEXA TION 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 LOUIS 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 LOUIS ANNEXA TION 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 111
accordance with the City's policy according to the following schedule:
LOUIS ANNEXATION, consisting of a total of 3. 6372I acres, prior to annexation
of said lands.
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Charlotte Mills-Gallatin Co MTMISC
174.00
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.
7. Comprehensive Water and Water Design Report
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 ftndings must demonstrate
adequate capacity to serve the fuJl 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. Stormwater Master Plan
Landowner understands and agrees that a Stormwater Master Plan for the LOUIS
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 stormwater detention/retention basin and discharge structure details, basin
sizing calculations, and stormwater maintenance plan.
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Charlotte Mills-Gallatin Co MTMISC
17400
9. Waiver of Right-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, is attached hereto as
Exhibit "A"", and is hereby incorporated in and made a part of this Agreement.
Landowner has further executed a Waiver of Right-to-Protest Creation of Special Improvement
Districts for improvements, including: 1) paving, curb and gutter, sidewalk, and stormwater drainage
improvements for Baxter Lane and North 27th Avenue, and 2) traffic signalization improvements for the
intersection of Baxter Lane and North 27th Avenue, is attached hereto as Exhibit "B", and is hereby
incorporated in and made a part of this Agreement.
Landowner agrees that in the event an S.LD. IS not utilized for the completion of these
improvements, the developer agrees to participate in an alternative fmancing method for the completion
of said improvements on a fair share, proportionate basis as determined by square footage of property,
taxable valuation of the property, traffic contribution from the development or a combination thereof.
10. 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 fmal plat or site plan
review or issuance of a building permit on the parcel(s).
11. Impact Fees
Landowner hereby acknowledges that annexation and development of their property will
impact the City's existing street, water, and sewer infrastructure, and fire service requirements.
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Charlotte Mills-Gallatin Co MTMISC 174 00
Landowner shall pay to the City Fire and Street Impact Fees for any existing structures within the
Tract prior to or at the time of Landowners' execution of this Agreement. At the time of connection to
the City's water and sewer facilities, the landowners shall pay all applicable water and sewer impact
fees for any existing structures within the Tract. At the time of any further development on the
properties, 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.
Landowner further understands and agrees that any improvements, either on- or off-site,
necessary to provide connection of LOUIS 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 performed, 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 hereby acknowledges and agrees 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 fees as specified above,
in the amounts calculated for all such fees based upon the rates established at the date of this
agreement.
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12.
U rhan Design
Charlotte Mills-Gallatin Co MTMISC
174,00
The Landowner understands that with annexation of said property it IS the intent of the
Landowner and City that future development will comply with the goals and policies of the Bozeman 2020
Community Plan. 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,
the Landowner understands and agrees that with submittal of a preliminary plat application or site plan
review application for all or any portion of the property the future developer(s) shall employ a Master Plan
of the land use patterns and types for development of the property that addresses compatibility with, and
sensitive 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.
13. Additional Terms of Waivers
The parties recognize that these documents shall be flIed and of record with the Gallatin County
Clerk and Recorder prior to the sale of any land with the LOUIS ANNEXATION The parties further
agree that the City may flIe these documents at any time.
14. Governing Law and Venue
This agreement shall be constmed 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.
15. 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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Charlotte Mills-Gallatin Co MTMISC
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16. Waiver
No waiver by either party of any breach of any term, covenant or agreement shall be deemed a
waiver of the same or any subsequent breach of this same or any other term, covenant or agreement. No
covenant, term or agreement shall be deemed waived by either party unless waived in writing.
17. Invalid Provision
The invalidity or unenforceability of any provision of this agreement shall not affect the other
provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable
provision were omitted.
18. Modifications or Alterations
No modifications or amendment of this Agreement shall be valid unless evidenced by a writing
signed by the parties hereto.
19. No Assignment
It is expressly agreed that the Landowner and/or Landowner/Developer shall not assign this
Agreement in whole or in part without prior written consent of the City.
20. Successors
This Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties
hereto and their respective heirs, successors and assigns.
21. 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 and Landowner/Developer affums 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 fust above written.
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Charlotte Mills-Gallatin Co MTMISC 174.00
LANDOWNER
LOT 4 & ,5. BAXTER LANE SUB~~ION NO. 1
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BY: WILLIAM H. LOUIS
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B'f. MARDIE LOUIS
STATE OF MONT ANA )
:ss
COUN1Y OF GALLA TIN )
On this c2? day of ,"~:Jl ,2006, before me, a Notary Public for the
State of Montana, personally appeare William H. and Mardie Louis, known to me to be the persons that
executed the foregoing Annexation Agreement, and acknowledged to me that he/ she executed the same.
IN WITNESS WHEREOF, T have hereunto set my hand and affixed my official seal the day and
year fIrst above written.
(SEAL)
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Louis Annexation Agreement
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Charlotte Mills-Gallatin Co MTMISC 174.00
LANDOWNER
LOT 6, BAXTER LANE SUBDIVISION NO.1
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ByJAMES D. SECOR
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STATE OF MONTANA )
:ss
COUNTY or GALLATIN
,
On this c?? (p dayof~) ( ,2006, before me, a Notary Public for the
State of Montana, personally appeared James D. and Bonllle L. Secor, known to me to be the persons that
executed the foregoing Annexation Agreement, and acknowledged to me that he/ she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year fIrst above written.
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Charlott~. Mills-::GlIllatin CoO MTMISC 174.00 .
LANDOWNER
LOT 7, BAXTER LANE SUBDIVISION NO.1
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BY: BRENDA BAKER
STATE OF MONTANA )
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COUNTY or GALLATIN )
On this ;;?~ A day of ItR!?.! L ,2006, before me, a Notary Public for the
State of Montana, personally appeared Brenda Baker, known to me to be the person that executed the
foregoing Annexation Agreement, and acknowledged to me that hel she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEA L)
~~~~
Notary Pub~ the State of Montana
Residing at ~o--tel'l-J:t:. ~ F
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Louis Annexation Agreement
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Cl2ar lCllte!li 11s.-GalJat in Co MTMISC 174 00
CITY OF BOZEMAN
By: CHRIS A. KUKULSKI, City Manager
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state of t\fClntani\, personally appeared Chris Kukulski and 'Or,.)- lO'l~e.nOl known to llle to the persolls
de~cnbcd in and who executed the foregoing iw,tTulllent as CIty Manager and Clerk of the City
Commission respectively, of the City of Bozeman, whose names ate suhscribed to d1e within instrulllent
and acknuwledged to IDC that they executed the ~amc for and on behalf of said Citv.
IN \VITNESS \X/HERLUI:, I h:\ve hcreunt\) set nw hand and atfixed my ofbClal seal the day and
year first ~\bove writlen,
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EXHIBIT "A"
WAIVER OF RIGHT-TO-PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICT
FOR A CITY-WIDE PARK MAINTENANCE DISTRICT
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
A tract of land being Lot 4-7, Baxter Lane Subdivision No.1 located in the East One-Half of the
East One-Half of the Southwest One-Quarter of Section 35, Township 1 South, Range 5 East,
Principal Meridian Montana, Gallatin County, Montana, being 3.6372 acres, along with and subject
to any and all existing easements.
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.
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.
Louis Annexation Agreement
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Charlotte Mills-Gallatin Co MTMISC 174.00
DATED this ~ day of Apv II
,2006.
LANDOWNER
M2f~ /I ~
BY: WILLIAM H. LOLliS
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STATE OF MONTANA )
:ss
COUNTY OF GALLATIN
On thi, J.. C, day of ~ ' 2006, befme me, a Notary Public for the
State of Montana, personally ~ppeared illiam H. and Mardie Loms, known to me to be the persons that
executed the foregoing Annexation Agreement, and acknowledged to me that he/ she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and afflxed my official seal the day and
year first above written.
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Louis Annexation Agreement
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Charlotte Mills-Gallatin Co MTMISC 174,00
LANDOWNER
LJ~
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BY: BONNIE L. SECO
STATE OF MONTANA )
:ss
COUNT'):' OF GALLATIN )
On this ~(jJ day of 00))/1 , 2006, before me, a Notary Public for the
State of Montana, personally appeared~Tames D. and Bonnie L. Secor, known to me to be the persons that
executed the foregoing Annexation Agreement, and acknowledged to me that he/ she executed the same.
IN WITNESS WHEREOF, T have hereunto set my hand and affIxed my official seal the day and
year first above written.
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Notary Public for the State of i\}ontana
Residing at 0(1 jut' 1M' {J I IJNI J)'Jeu/ I; IT .5}' 7 J r
My Commission Expires: C)l/ ~ (0/)/ ?m ~
(Use 4 digits for expiratiotf'yea
Louis Annexation Agreement
16
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Charlotte Mills-Gallatin Co MTMISC 174.00
LANDOWNER
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BY: BENDA BAKER
x50' It L,
STATE OF MONTANA )
:ss
COUN1Y OF GALLATIN )
-/'t:!L v1
On this ;x, <..0 day of !7Pr< I L ,2006, before me, a Notary Public for the
State of Montana, personally appeared Brenda Baker, known to me to be the person that executed the
foregoing Annexation Agreement, and acknowledged to me that he/ she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
,.' . : \ (SEAL)
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(printed Na~re) A~~Y I!.- W67.....CIl
Notary Publicy..(or the State of Montana
Residing at #bL GrlU!l>~- ..
My Commission Expires: 9 '3/~(}~
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17
II11II11111111111 ~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ~~~~~~0F~p
Charlotte Mills-Gallatin Co MTMISC
174.00
EXHIBIT "B"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR BAXTER LANE AND NORTH 27TH AVENUE STREET IMPROVEMENTS
The undersigned owner of real property situated in the County of Gallatin, State of Montana, and
more particularly described as follows:
A tract of land being Lot 4-7, Baxter Lane Subdivision No. 1 located in the East One-Half of the
East One-Half of the Southwest One-Quarter of Section 35, Township 1 South, Range 5 East,
Principal Meridian Montana, Gallatin County, Montana, being 3.6372 acres, along with and subject
to any and all existing easements.
IN CONSIDERATION, of receiving approval for annexation of the subject property from the
City of Bozeman, along with thc 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) paving, curb and gutter, sidewalk, and stormwater drainage
improvements for Baxter Lane and North 27" Avenue, and 2) traffic signalization improvements
for tile inter.,<;ection of Baxter Lane and North 27" Avenue., or to make any written protest against the
si7,e or area or creation of the district to be assessed in response to a duly passed resolution of intention to
create one or morc spccial 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.
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 2k-\h. day of ---BpW
,2006.
Louis Annexation Agreement
18
111111111111111111111111111111111111111111111111111111I
2264033
Pag..' 19 of 22
04/26/200702:13P
174.00
Charlotte Mills-Gallatin Co MTMrsc
LANDOWNER
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BY: WILLIAM H. LOUIS
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BY: 1\ DIE LOUIS
STATE OF MONTANA )
:ss
COUNIT OF GALLATIN )
On this '/-V/ day of {\~ \ \ ,2006, before me, a Notary Public for the
State of Montana, personally appeared Trlham H. and Mardie Lams, known to me: to be the persons that
executed the foregoing Annexation Agreement, and acknowledged to me that hel she executed the same.
IN WITNESS WHERl:~OF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
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Notary Public for the State of Montana
Residing at Deidre Dilbeck
My Commission ~ Ie or the State of Montana
elJ 4 di. r .at B~J', Montana
. se gits lor ,;~s pires January 31, 2010
Louis Annexation Agreement
19
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Charlotte Mills-Gallatin Co MTMISC 174,00
LANDOWNER
tJ~LJ)-UAr7
~ JAMES D. SECOR
B~
STATE OF MONTAN A )
:ss
COUN'lY OF GALLATIN )
On this & (0 day of ,2006, before me, a Notary Public for the
State of Montana, personally appeared ames D, and Bonnie I,. Secor, known to me to be the persons that
executed the foregoing Annexation Agreement, and acknowledged to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and aftL'Ced my official seal the day and
year first above written,
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Notary Public for the State of Montana
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Louis Annexation Agreement
20
1111111111111111111111111111111111111111111111111111111 g~~~'~~F
Charlotte Mills'Gallatin Co MTI'IISC
174,121121
#-
LANDOWNER
~~k &-I,
B : BRENDA BAKER
STATE OF MONTANA )
:ss
COUN'lY OF GALLATIN )
On this ~fo ,'ti- day of ,/)..;;((./ L ,2006, before me, a Notary Public for the
State of Montana, personally appeared Brenda Baker, known to me to be the person that executed the
foregoing Annexation Agreement, and acknowledged to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and afftxed my official seal the day and
year fIrst above written.
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Louis Annexation Agreement
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LOUIS AMtEXA TION MAP
LOCATED IN THE E 1/2, E 1/2, SE 1/4, SW 1/4 Of SECTION 35, T.
MAP Of P.M.M., GALLATIN COUNTY, MONTANA
LOT 2
~I';;INITY
.
P. Andrew VQt'! Orden
Oebbie L. Von Ordon
75 Fm 656
LOT 9
LOT B
LOT 7
LOT 3
p, Aridr.w Van Orden
2141 Fm 966
LOT 6
ZONED RS
(County)
LOT 5
300.711
en7'21"
LOT 4
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L 2128 Fm 047 II
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Ggltatin Cerltl!lr
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172 Fm 161
17;1: Fm 166
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2129 Fm 548
2070 fm 691
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LOT 13
LOT 14
David Osteen, Sr,
Ruth Osteen
2021212
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LOT 7
Bre:ndQ L Burden
2024132
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LEGAL DESCRIPTION
BQ;remon Congreg(ltic;m of
Jehovah's, Wltnlit&88:!l
200 rm 4463
r-;r
ZONED R-1
(City)
Lots 4. 5. 6 Qrid 7 of Baxter Lone Subdivision No. 1. IJccording to the plgt thl!:rof. on file I;md of record in thl;l'
office of the Clerk ~nd Recorder, Gollotin County. Montana. Qfld further described Q!i follows;
Commencing at th" South Quarter CQrner of Section 35, Townehip 1 South. Rong8 5 East. of P.M.M.. thence
northerly .359' 55' 29'" j O$aumed azimuth from north 403.00 feet olong the eost line of the Southw$$t Quarter of
soid Section 35: thence westlllrly 269" 16' 32'" azimuth 30.00 feet to the !>outhecst CQrner of Lot 7, Boxter' Lone
Subdivision NQ. 1, the point of be~innjng of the property to be described;
thence continuing westerly 269" 16' J:t' o~imuth .300.63 fel:lt olong the soutl1 line of said Lot 7;
thence northerly 359' 54' 30" ozimuth 525,83 teet along the west line of Lots " 6, 5 and 4:
thence eQsterly 089" 17' 21" o:z.imuth 300.79 feet olong the north line of sold Lot 4;
thence southerly 179' 54' 29" ozimuth 526.76 feet along the eost line of said Lots 4. 5, 6 ond 7
to the point of beginning_
Areo ;;;; 158.437 square feet 3.6372 acre or 14,719 'Square meiers. Subject to exi$ting easementl;l_
LEGAL DESCRIPTION (THOMAS DRIVE)
That port of the Southwest Quorter of Section 35, Town~hip 1 South, RQnge 5 East. Principal Meridian, MQntono.
Gallatin County, Montana, described Q~ follows:
Commencing at the South Quarter Corner Of Section 35. Township 1 South, R(lnge 5 East, of P.M.M.. thence
northerly 359" 551 29" 05Sl..lmed azimuth ff"Qm north. 403.00 feet 010n9 the east line of the Southwe$t Quarter of
soid Sec:tion 35: thence westerly 269" 16' "J'L azimuth JO.OO feet to the southec5It corner of Lot 7 Bod.,... Lone
Subdivision No.1, the point of be9inning of the property to be described:
thence northerly J59" 55' 29" azimuth 526_76 feet along the we!iterly ri9ht of way line of Thomo!> Drive;
thanc:e eosterly 069" 17' 21" ozimuth 30.00 feet;
thence southerly 17g' 54' 2f/' ozimuth 526.76 feet (dong the east lililil of the southwest Quarter of sold Section 35;
thence wel';ltsrl>, 269" 16" 3~ l;Izirnuth JO.oo feet to th" point of beginnin9'
Area !Ill 15,603 I!'ICluore feet, 0.3626 ocre or 1.468 square meters. Subject to existing eosementa.
Scale In Feet
50 0 50
r - r
r
15 0 15
Sa<<l. In M.t.....
001. Prepared: 5/11/06
le".1
Engtn~n8 ancf Surveying Inc.
1091 ~nI!lr1~c:l1ll n~. BmIIm.n. MT 5871H
Phar'\llllo4QBI5a',-~ 111:1 . fOIl. (~t mJ/-91e1a
VNNI.ehenglMfll"a.com. irI\'g~ng~!!ni.[;Ott1
#05708(Z)