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HomeMy WebLinkAboutResolution 4049 Mengel Annexation :g6~~ C-l~ c It.-rk ,?o ''Jo1o l ;1.J,e,' !"lo~, M:\ 5Cf'/7/-/;;2..30 v 1111111111111111111111111111111111111111111111111111111 g3~~?~, ~~tte Mi lls-Gallat in Co MTMISC 119.00 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 - 1 - 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: I 11111111111111111111111111 111111111111111 1111111111111 ~:n~;~! ~A Charlotte MillS-Gallatin Co MTMISC 119.00 - 2- 1111111111111111111111111111111111111111111111111111111 ~~;3~f:?~, ,Ch~~lotta Mi!ls_-Gallatin Co MTMI~~119(J(J 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. ,';'i\ ,': ;0~<.", . 1",.., " ",' 'I' "',"'-J .' ~' ~,'i,... ,,' ~ ,":I... ~:o", ! _ . " . ,- :', i ...t'I..... . ,~"' · ~;:i~:lc;~~';;;~~i~; A TTEst::.....1 p q:1 ... /,."'~ 'l:.,f .;:-,k....,~~ "~I-"\."\. ~~~.. ayar ,.y- - 3 - \ 111\11111111111\ 111111 1111111111\ 11111\1111\\1111\ \11\ g;::~rl~" Char~t~M~s-Gal~t~_C~TMISC 119.00 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 I Mengel Annexation #A-06009 1 I 1111111111111111111111111111111111111111111111111111111 ~~;~~r;?~, Charlotte Mills-Gallatin Co MTMI~. 119.00 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 I Mengel Annexation #A-06009 2 I 1111111 1111111111111111 11111111111 111111111111111111111 ~~2~~fX ~A Charlotte Mills-Gallatin Co MTMISC 119.00 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. I Mengel Annexation #A-06009 3 I 1111111111111111111111111111111111111111111111111111111 ~~~3~r;? ~A Charlotte Mills-Gallatin Co MTMISC 119.00 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. I Mengel Annexation #A-06009 4 I 1111111111111111111111111111111111111111111111111111111 ~~,~~f:?~" 10. _ ~~C\rlotte Mills-Gallatin Co MTM_~~~ 119_00 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. 111111111111111111111111111111111111111111111111111111I ~~,~~f:?~, Charlotte Mills-Gal_latin Co MTMlSC 119.00 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, I Mengel Annexation #A-06009 6 I /11111111111111111111111111111111111111111111111111111/ ~~;3~;~}~, Charlotte Mil1s.-Gallatin Co MTMISC 119 00 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. I Mengel Annexation #A-06009 7 I 1111111111111111111111111111111111111111111111111111111 ~~23E~1~ ~A 22. Charlotte_Mills-Gallat~~ Co MTMISC 119.00 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. I Mengel Annexation #A-06009 8 I IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. LANDOWNER ~tl1!:z1/~ Lester 1.. Mengel, 'I'm. tee, Under Declaration of Trust STATE OF MONTANA ) ss. 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 My Commission Expires: 0;- 1'-1 e 2007 (Use 4 digits for expiration year) '''.',# . . ~ '. "..'~~;~'>.;; ',. I , ."".. "" .,".... (Seal) C.J' ,;~~".~~~;~'~\. , I <-. . \'" "' t.\.! _,_I", ~. >,:. ::: :?J: \- - :.::.' .', I.L ,: L'~" '.......;.. " '<t'~/^ ~:;;J, L I "' 'I . ~. "'r; ..,.. "? ~ [ a: '=t ~ f""-!::: ....: (")'0: lONg f""-~~ Nai[:j 01- N~~ ~g !!!!!!!!!!!!!!! m -- -~ ~ - ~ _0 _<1l === i: -I- ~:E: _8 - ~.s -~ -~ -';; !!!!!!!!!!!!!!! ~ -.:, -..... -..... _.~ =:E: !!!!!!!!!!!!!!! Ql ~:: ~!: =l... -.. ~(j I Mengel Annexation #A-0600') ') I CI~OZEMAN C - A;~, Chris A. Kukulski City Manager ) ss. County of Gallatin 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 "' lilt ~ """--"- ., I~~~ ('I) '0 ~ U)",:5 r-... ~ ~ NOj~ 1Il- N,;"~ (~cal)"!1!11' ~,:(,\" :~ ,,: "..'1,,-'1 .;$' .' I (,' . :Ii): 11# '"" < . Iv/_ ~ Jf_',,,,,,-;,, $~." ""\"- . <' ~ ::Z"'J.J',\-\\II'i!fl .'t-'S ?':'X'" .1/. C ~ - "f' ("'r' m' ."", r' Ai *:c' :;;. "F.. 0""- -~ ,#"1 .-1 . ~ S- \;'l,i . ~' ~ "<< ~ ' ~.:;-:. "lllll '-,,' ii/II! I (Print Name Here) Notary Pu or the State of Residing at My Commission Expires: (Use 4 digits for expiration year) o _0 -, -0) ==:::: ~ ~ -0 ==== ~ -"" -f- -"" =0 _0 - -c =-= :: =.. =..... -..... ~~ =1 _III ~:: _..... =iE !!!!!!!!!!!!!! III ~:::: ~~ ~~ ~J: o I Mengel Annexation #A~06009 101 " 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 <I q- ~ t'-- ~ ~ ['I') '0 : U)....8 t'-- ~ ~ N~~ NO"~ g -- _ffi -~ -~ 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 == i: -.... - ~ any written protest against the size or area or creation of the district be assessed in response to a duly <.> ~c _.~ - 3 passed resolution of intention to create one or more special improvement districts which would ~ _C> ~ include the above-described property. -~ ~E - 2 Further, in recognition of the impacts to the City's wastewater collection system, which -c; -- ~ 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 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 a: '=I" <lJ I'- ';: ,;:. successors-in-interest and assigns of the parties hereto, Mo~ L ~~~ DATEDthis~l1ayof )1l~ ,2007. NGir::: m- N~~ ~ ~ LANDOWNER ~ai -- -- - ~ ~ _0 _Ill == i: -I- ~E _8 l: -,~ -~ === ~ ~--< ~~ =' -~ ~--< -'~ =:E !!!!!!!!!!!!!!! Q) ~:: -~ -.. ~fj ~~k~-~- 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. , ~\\ t. Il. S" 0" /\, \~ . '\-, '(!i;eal) I ,,~, . M 1~.... ~r:i~. , ,,(j \ ,'''', '),.' . 1. -IJth. \\/( i _:~.'.;,{:tSE:j\ I ) \ .\\ " -J~.J t \ '. ""\.", , ....11'''' ......" " / '. -1i'~""'" "." .'~"'r' .:/ (, C F \. :)\\~ '" " ~UAJ_-p ~ (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 a: qo ~ r--~~ C')~~ UJ",g r--~~ N.;~ 01- N~:g iiiiiiii g - -ffi iiiiiiii := - iiiiiiii -u =~ iiiiiiii ~ ~:E =0 _u - iiiiiiiiS -... ='" =..... -..... !!!!!!!!!!!!!!! c,'g =' _III -..... -..... --.... =:E -2 -... -0 -..... =L -~ _U ,I 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 . .. 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 ~/~ -;:;,~~ 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. I,,, I ~ . - \..':) ." :.: ,~ : ...... I'>',. r,j \~~.~~~;\ ~..,.. ~: : ~ ...' ,:---.. ~7 :- ',' :,:", / ::_b .. ~~ ',,' : " (Seal) ~MU~ ~ (print Name Here) -;;;,Ie'-C Ie. 8t!"cf::.. 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) "1/1, ..,;.' '. ~...., '. ,," . . " ".l.J , I"J/'. 1111111111111111111111111111111111111111111111111111111 ~~;3f.?}~, Charlotte Mills~Gallatin Co ~TMI5C 119.00 I Mengel Annexation #A-06009 151