HomeMy WebLinkAboutResolution 4049 Mengel Annexation
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COMMISSION RESOLUTION NO. 4049 v"::_--
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BO~Ml~~ 8flNT 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 2B OF CERTIFICATE OF SURVEY NO. 501 SITUATED IN THE
SOUTHEAST ONE-QUARTER OF SECTION 3, T2S, RSE, PMM, GALLATIN COUNTRY,
MONTANA"AND HEREIN MORE PARTICULULARLY DESCRIBED.
WHEREAS, the City of Bozeman received a request for annexation from Lester L. Mengel, owner
ofa tract of land, requesting the City Commission to extend the boundaries of the City of Bozeman so as to
include a certain contiguous tract ofland lying south of Oak Street, north of Durst on Road and east of Meagher
Avenue and Oak Springs Subdivision in the County of Gallatin, State of Montana; and
WHEREAS, upon submitting an application to annex a tract of land, Lester L. Mengel was the
current landowner of record of property, described as a tract ofland being Tract 2B of Certificate of Survey No.
501 situated in the SE 1;4 of Section 3, T2S, R5E, PMM, Gallatin County, Montana, requesting the City
Commission to extend the boundaries of the City of Bozeman; and
WHEREAS, Cottage Partners II is the current landowner of record of property, described as a tract
ofland being Tract 2B of Certificate of Survey No. 50 I situated in the SE 1;4 of Section 3, T2S, R5E, PMM,
Gallatin County, Montana, requesting the City Commission to extend the boundaries of the City of Bozeman;
and
WHEREAS, said tract contains a survey error consisting of 0.10 acres, being Document No.
2268860; and
WHEREAS, said tract consists of Tract "A" being Tract 2B of Certificate of Survey No. 501 situated
in the SE 1;4 of Section 3, T2S, R5E, PMM, and Tract "B" being Document No. 2268860 as on file in the office
of the Clerk & Recorder, Gallatin County, Montana; and
WHEREAS, the parcel being annexed under Title 7, Chapter 2, Part 46 MCA no resolution of
intent or public hearing was required; and
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WHEREAS, a public meeting on the annexation was duly noticed according to the City's
annexation policy and held on November 13,2006; and
WHEREAS, on November 13, 2007, the Commission authorized and directed staff, upon
satisfaction by the applicant of the terms of approval, to prepare the necessary annexation agreement and
other documents to proceed with the annexation ofthe privately held portion of these tracts in accordance
with terms and conditions approved by the Commission; and
WHEREAS, on November 13,2007, the Commission authorized and directed staff to prepare the
necessary extension of services plan and other documents to proceed with the annexation of the publicly held
portion of these tracts; 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 Special Improvement District's
and impact fees to said contiguous tract is the subject of a written agreement between the City of Bozeman
and Cottage Partners II, record owner of the tract; and
WHEREAS, said contiguous tract is the subject of a certificate 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 contiguous
tract is in the best interests of the City of Bozeman and the inhabitants thereof and of the inhabitants of the
contiguous tract.
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 5.1 acres ofland, to wit, and as further described on Exhibit A, attached
hereto:
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A 5.10 acre of land being two tracts consisting of Tract "A" being Tract 2B of
Certificate of Survey No. 501 situated in the SE 1ft of Section 3, T2S, R5E, PMM, Gallatin
County, Montana and Tract "B" being Document No. 2268860 as on file in the office of
the Clerk & Recorder, Gallatin County, Montana: and
Section 2
The effective date of this annexation is August 6, 2007.
Section 3
The annexation ofthe above-described tract is subject to the terms ofthe Agreement dated March
23,2007, by and between the City of Bozeman and Cottage Partners II; and the extension of services plan
prepared for the portion owned by the City of Bozeman.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 61h day August 2007.
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MENGEL ANNEXATION AGREEMENT
TI-llS AGREEMENT is made and entered into this J3R.f! day of ~G0, 2007, by and
between the OTY 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 "Gty," and LESTER L.
MENGEL, Trustee, under Declaration of Trust, 311 North 11'" Avenue, Bozeman, MT
59715, hereinafter referred to as "Landowner."
WITNESSE TI-I:
WHEREAS, the Landowner is owner in fee of tracts of certain real property, hereinafter
referred to as the "MENGEL ANNEXATION," situated in Gallatin County, Montana, and more
particularly described as follows:
A Tract of land being described as Tract 2B of Certificate of Survey No. 501 situated
in the Southeast 1f4 of Section 3, T2S, RSE, P.M.M., Gallatin County, State of
Montana. Said Tract of land being 5.0:t acres more or less along with and subject to
any and all existing easements.
WHEREAS, the Landowner has petitioned the Gty for annexation of the contiguous tracts;
and
WHEREAS, the MENGEL ANNEXATION is not within the corporate limits of the Gty of
Bozeman or other municipality but is contiguous to the Gty and may therefore be annexed to the
Gty 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 11ENGEL ANNEXATION
pursuant to Section 7-2-4601, et seq., MeA, will entitle the said property to Gty 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 Gty's present water supply is insufficient to enable it to supply reasonably
adequate water service to additional customers outside the present city boundaries; and
WHE RE AS, the Landowner wishes to convey to the Gty certain water rights or take some
equivalent action to provide water and sewer service to the 11ENGEL ANNEXATION; and
WHEREAS, all parties recognize that the development of the :MENGEL ANNEXATION
will impact Oak Street, Durston Road, and Ferguson Avenue, and will 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 :MENGEL ANNEXATION; and
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WHEREAS, the making and perfonnance of this Agreement is desirable to promote the
development of the most adequate water supply and traffic circulation pattern for the Gty 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 Gty 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 Gty and the
Landovm.er, 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. Annexation
The Landovm.er filed an application for annexation of the :MENGEL ANNEXATION with
the Gty on August 1, 2006. By execution of this Agreement, the Gty 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 Gty shall, upon execution of this Agreement, adopt a
Resolution of Annexation of the :MENGEL ANNEXATION to the Gty. Further, upon the execution
of this Agreement, the Landovm.er shall do all things necessary and proper to aid and assist the Gty
in carrying out the terms, conditions, and provisions of this Agreement and effectuate the annexation
of the MENGEL ANNEXATION tracts to the Gty.
3. Services Provided
The Gty will, upon annexation, make available only existing Gty services to the extent
currently available, including municipal water service, municipal sewer service, police protection, and
fire protection, to the MENGEL ANNEXATION, 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 Gty 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 Gty's provision of this
servICe. The term does not contemplate the extension of lines or construction of necessary
improvements at any cost to the Gty for delivery of water to and within the MENGEL
ANNEXATION. Nothing in this Agreement shall obligate the Gty to pay for right-of-way
acquisition, engineering, construction, and other costs for the delivery of water to or within the
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MENGEL ANNEXATION to include, but not limited to, any impact fees, hook. up, connection, or
development charges which may be established by the Gty. 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 presently 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 Gty in accordance with Olapter 13.24, Bozeman Municipal Code, or as may be
amended, as well as any other terms and conditions which apply to the Gty's provision of this
servIce. The term does not contemplate the extension of lines or construction of necessary
Improvements at any cost to the Gty for collection of sewage at and within the MENGEL
ANNEXATION. Nothing ill this Agreement shall obligate the Gty to pay for right-of-way
acquisition, engineering, construction, and other costs for the collection of sewage services to or
within the :MENGEL ANNEXATION to include, but not limited to, any impact fees, hookup,
connection, or development charges which may be established by the Gty. 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 Gty policy.
Prior to annexation of property, it shall be the policy of the Gty 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 3907, Adopted August 24, 2006
The :MENGEL ANNEXATION consists of approximately 5.0:!:: acres. The Landowner
understands and agrees that they must provide sufficient water rights in accordance with the Gty's
policy according to the following schedule:
MENGEL ANNEXATION, consisting of a total of 5.0:!:: acres, shall provide water rights or
cash-in-lieu prior to annexation of said lands.
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The Landowner shall provide sufficient cash-in-lieu as calculated by the Director of Public
Service in accordance with its policy at the time of calculation. The Landowner further understands
that the Gty will calculate the average annual diversion requirement necessary to provide water to
this annexation tract on the basis of the zoning designation and/or Gty-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 III 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
Gty, for the Landowner to develop any of the :MENGEL ANNEXATION until it is verified by the
Gty that necessary municipal services, including but not limited to police and fire protection, are
available to all or a portion of the MENGEL ANNEXATION. The Landowner is hereby on notice of
the following requirements upon further development or subdivision of the MENGEL
ANNEXATION:
a) Prior to future development, the applicant will be responsible for installing any
facilities required to provide full municipal services to the property in accordance with
the Gty of Bozeman's infrastructure master plans and all city policies that may be in
effect at the time of development.
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.
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Impact Fees
Landowner(s) hereby acknowledge that annexation and development of their property will
impact the Gty'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 Gty'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.
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 Gtyto Landowner
of such default, Gty may at their option:
a) Declare the amounts owing for impact fees immediately due and payable and Gry
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 Gry
may, at its option, enforce payment of such amounts by levying an assessment on the
prermses.
b) Elect any other remedy available to Gty under the laws of the State of Montana.
c) Any waiver by Gty 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 Gty 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.
11. Stormwater Master Plan
Landowner understands and agrees that prior to development of the MENGEL
ANNEXATION, a storrnwater drainage and grading plan shall be provided to and approved by the
Gty 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), outlet
structure details, and culvert capacity calculations. The plan must also locate and provide easements
for ade uate draina e wa within the annexation area to trans ort treated runoff to the stormwater
Men el Arulexation #A-06009 5
receiving channel.
u. Traffic 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 derk & Recorder's Office, a Waiver of
Right-to-Protest Oeation of Special Improvement Districts for street improvements, including but
not limited to the following improvements: paving, cum/ gutter, sidewalk, storm drainage
facilities for Durston Road; signalization of the intersections of Durston Road and Ferguson
Avenue, and West Oak Street and Ferguson Avenue; and trunk sewer and water main to
serve the property. Further, the landowner has executed, at the Gallatin County derk &Recorder's
Office, a Waiver of Right-to-Protest Oeation of Special Improvements Districts for a Gty-wide Park
Maintenance District, which would provide a mechanism for the fair and equitable assessment of
maintenance costs for Gty 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.
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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 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 Gty's concern for
implementation of progressive urban design guidelines outlined in the Bozeman 2020 Conununity
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 inunediate
environment of the site and the adjacent neighborhoods relative to architectural design, building
mass and height, neighborhood identity, landscaping, historical character, orientation of buildings,
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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 east,
will be of utmost importance.
16. Right-of- Way Easement for Future Roadways
Landowner has dedicated, by written easement, the following land to the City of Bozeman,
which represents the Landowner's proportionate share of the necessary right-of-way:
a) Public street and utility easements shall be provided for Annie Street in the amount
necessary to provide for a total width of 74 feet with an alignment appropriate to the
future construction of the road.
Said easements will be filed with the Gallatin County Oerk and Recorder at the time this
Annexation Agreement is filed.
17. Utility 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. Wetlands
Landowner understands and agrees that a detailed wetlands map and summary report shall be
submitted for the subject property with the signed annexation agreement. The map must be depicted
on an 18.inch x 24-inch paper copy and a compact disk in accordance with Section 18.56.050
"Wetlands Mapping."
19. Cultural Resources
The Landowner acknowledges and agrees that a cultural resource inventory or a letter from
the State Historic Preservation Office indicating a cultural resource inventory is not necessary shall
be submitted to the City Planning Department with the signed Annexation Agreement.
20. Additional T eons of Waivers
The parties recognize that these documents shall be filed and of record with the Gallatin
County Oerk and Recorder prior to the sale of any land within the :MENGELANNEXATION. The
parties further agree that the City may file these documents at any time.
21. 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.
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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
aty Attorney.
23. 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
wntmg.
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 aty.
27. 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.
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.
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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
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Lester 1.. Mengel, 'I'm. tee,
Under Declaration of Trust
STATE OF MONTANA )
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County of Gallatin )
On this :J.3Rf!day of~M~ ,2007, before me, a Notary Public for the State of Montana,
personally appeared Lester L. Mengel, known 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 hereunto set my hand and affixed my Notarial Seal the day and
year first above written. ~ ~ -I<, &-k..--
(print Name Here) 7t[ /.Z. I e R. Becl<:-
Notary Public for the State of Montana
Residing at &z::e:rrUc.fl/ -rn T
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CI~OZEMAN
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On this 11l~ day of ,2007, before me, a Notary Public for the
state of Montan~onally appear ris 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 WHEREOF, I have hereunto set y hand and a~ my Notarial Seal the day
and year fIrst above written. r "'
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I Mengel Annexation #A~06009
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EXHIBIT A
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
MENGEL ANNEXATION
The undersigned owners of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
A Tract of land being described as Tract 2B of Certificate of Sutvey No. 501 situated
in the Southeast % of Section 3, T2S, RSE, P.M.M., Gallatin County, State of
Montana. Said Tract of land being S.O:t acres more or less along with and subject to
any and all existing easements.
IN CONSIDERATION of receiving approval for annexation of the subject property from
the Oty 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 Oak Street, Durston Road and Ferguson Avenue, which will be caused by the
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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 limited to the following improvements: paving, cuth/ gutter,
sidewalk, storm drainage facilities for Durston Road; signalization of the intersections of
- ::;: Durston Road and Ferguson Avenue, and West Oak Street and Ferguson Avenue, or to make
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hereby waive for itself, its successors and assigns, the right to protest the creation of one or more
special improvement districts including but not limited to the following improvements: trunk
sewer and water main improvements to setve the subject property, or to make any written
protest against the size or area or creation of the district be assessed in response to a duly passed
I Mengel Annexation #A-06009 12 I
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 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.
This waiver shall be a covenant running with the land and shall not explre 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
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~~~ DATEDthis~l1ayof )1l~ ,2007.
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Lester L. Mengel, Trust
Under Declaration of Trust
STATE or MONTANA )
ss,
County of Gallatin )
On this 23e!!day of ~, 2007, before me, a Notary Public for the State
of Montana, personally appeared Lester L. Mengel, known 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 hereunto set my hand and affIxed my Notarial Seal the
day and year flrst above written.
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(Print Name Here) -1ti:Ie.,ic R, I3ec/G
Notary Pub' for the State of Montana
Residing at ee/J1fLI? 71Lr
My Commission Expires: q-I'I~ :2007
(Use 4 digits for expiration year)
I Mengel Annexation #A-06009
131
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EXHIBIT B
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL PARKS MAINTENANCE DISTRICfS
MENGEL ANNEXATION
The undersigned owners of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
A Tract of land being described as Tract 2B of Certificate of Survey No. 501 situated
in the Southeast 1f4 of Section 3, T2S, RSE, P.M.M., Gallatin County, State of
Montana. Said Tract of land being 5.0:f: acres more or less along with and subject to
any and all existing easements.
IN CONSIDERATION of receiving approval for annexation of the subject property from the
Gty 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
Gty's park facilities and the need for the maintenance of municipal park areas to serve Gty 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 Gty-wide Parks Maintenance or Special Improvement Districts are not utilized for
the Gty-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.
I Mengel Annexation #A-06009
141
.
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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.
DATEDthi~~~dayof )n,~
,2007.
LANDOWNER
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r L. Mengel, Trustu
Under Declaration of Trust
STATE OF MONTANA )
ss.
County of Gallatin )
On this 4:5~day of '117~, 2007, before me, a Notary Public for the State
of Montana, personally appeared LesterL. Mengel, known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the samc.
IN WITNESS WI-IEREOF, I have hereunto set my hand and affixed my Notarial Seal thc
day and year first above written.
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Notary Public for the State of Montana
Residing at~f}?.in . flAT
My Commissi xpires: I 1./1/ ~ :2CJtJ7
(U se 4 digits for expiration year)
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1111111111111111111111111111111111111111111111111111111 ~~;3f.?}~,
Charlotte Mills~Gallatin Co ~TMI5C
119.00
I Mengel Annexation #A-06009
151