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Home My WebLink About07- Kent-Hal Annexation ~ Bozeman City Clerk P.O. Box 1230 Bozeman, MT 59771-1230 ~~ / 1111111111111111111111111111111111111111111111111111111 ~~;3~r;?~, <;_hactq_~ t~__Mj 1 LS~__,~<l_!..!,atln, Co,J1:Lt1}~r,;____ 203.00 COMMISSION RESOLUTION NO. 3984 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF ACERT AIN CONTIGUOUS TRACT OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT. WHEREAS, the City of Bozeman received a request for annexation from Bruce Lieffring & Brenda Walker, 3100 Wagon Wheel Road, #2, Bozeman, MT 59715; James Sally, 3100 Wagon Wheel Rd, #4, Bozeman, MT 59715; Steve Vanpelt, 3100 Wagon Wheel Rd, #1, Bozeman, MT 59715; Don Cowles, 117 Heritage Dr., Bozeman, MT 59715 joint owners of the tract ofland, requesting the City Commission to extend the boundaries of the City of Bozeman so as to include a certain contiguous tract of land legally described as Tract A, Certificate of Survey 526 along with adjacent public streets, Gallatin County, State of Montana; and - 1 - .. WHEREAS, an annexation staff report has been prepared in accordance with the Commission's goals and policies for annexation and was presented to the Commission on December 5, 2005; and WHEREAS, the parcel being annexed under Title 7, Chapter 2, Part 46 MCA no resolution of intent or public hearing was required; and WHEREAS, a public meeting on the annexation was duly noticed according to the City's a: annexation policy and held on December 5, 2005; and N <D r--o~ C'): ~ WHEREAS, on December 5, 2005, the Commission authorized and directed staff, upon U) og r--- N ~ N ~ ~ satisfaction by the applicant of the terms of approval, to prepare the necessary documents to proceed N~:g : with the annexation of this tract in accordance with terms and conditions approved by the ~ = Commission; and -u -IJ) =- -E: == ~ WHEREAS, the provision of available services, including, but not limited to water rights _0 _u - ~ or cash in lieu, waivers of protest against creation of SID's and water and sewer hookup fees to said ~ ==== ~ _.:. contiguous tract is the subject of a written agreement between the City and the current record owners iiiiiiii - --~ =:E = ~ of the tract; and -~ -0 === ~ - i! WHEREAS, said contiguous tract is the subject of a certificate of survey, filed in the _U office of the 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. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: -2- .. a: N to ,.... 0 .;.: ....,,'" ~ .." ~ I'- U) og ,.... '" ~ N.;;~ N::oo 0.0 _0 _0 _. -'" =0 =N - - ---- -0 ==== ~ ---- r: !!!!!!!!!!!!!!! >:: - _0 =0 - ____ c: -::: =rcl =- -- ~~ =1 _Ill ---- ::: _..... =1<: !!!!!!!!!!!!!!! III ---- ::: -0 =- iiiiiiiiiiii ~ !!!!!!!!!!!!! -C _0 Section 1 That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, M.C.A., the following-described property, which is contiguous to the municipal boundaries of the City of Bozeman, be annexed to the City of Bozeman and that the boundaries of said City shall be extended so as to embrace and include such 0.445 acres ofland and adjacent right of way, to wit: Tract A, Certificate of Survey 526 along with adjacent public streets. Said area contains .445 acres, more or less, along with and subject to all easements of record or apparent on the ground. Section 2 The effective date of this annexation is August 6,2007. Section 3 The annexation of the above-described tract is subject to the terms of the Agreement dated August 6, 2007, by and between the City of Bozeman and Anna and Daniel Bidegaray, Shannon Benser, Steve Vanpelt, and Don Cowles. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 6th day of August 2007. . ..1.... .. J. ,.J4'!' .. \ ;..,,:.\ ,,~... .... '.JI.~. ,~. ." '.......d : .. /' '~J'" ~ 'v,' " J'~\""'to 'l'\:t ' '-'w' / Ii ~'.,0.:~. f .\ ;, v :' t~\L.;.', 'T=' i \ '1. l " I 1/1. ._1' J ,\ " " ffil$' "'--',\.1 7/ · \ I f, ~ ~,(I ~"':~---(,'.f' : , j', II .. '~,"l' - -...-, \.1'~" II, . C'\. \'-'.~T.,..i)' ":':;;'.2-: ~,.' , 7 · ~ ":-' .:-_ ! I i...:. :;;.:::.':J <:1 " ~'lF~To ~ ~ 7:.~ ..' 1 ,,"', ",..." "t.s:.. ,}J\ ~u's1!- f:c.~, yor .......- . -3- .- -;/-:- .. ~. ". ~7 /.... " -'- "- . _ ~ r ~ ....... ......::.:;:...=--- ~ -- ./ -' - /- ~-' .. . ~~~---~ .:---,-,~-", ,-. /- --'::::--::' ~ - .' -~--=- - --- "-:;-.- .. .....-~....--... --. 1,;',-- ::.:.. _ . . -!' .............. .J' __ '.-I .. ........:":.., -'~~-_.'_.' -. -~... --~- --" ._-~. -...-..--- -....-... ...- ..--.... -- .-- " 1111111111111111111111111111111111111111111111111111111 ~~;3~f3:? ~p Charlotte Mills-Gallatin Co MTMISC 203.00 - 4- a; N <D ...... 0 .:.: _<'l~ ...~ _ r- UJ 08 ......"'~ NQ;~ N :lien ,,-a _0 _0 -- -<'l ~ iiiiiiiiiiiiii _u -'" - -'" ~ - ==8 r::: _.~ -~ -~ ~.... ~~ -I ~ iiiiiiiiiiiiii .... --~ ='" !!!!!!!!!!!!!! Q) ~ =.... iiiiiiiiiiiiii ~ !!!!!!!!!!!!!! .s:: _u Return Interoffice Mail to: Bozeman Department of Planning and Community Development 20 E Olive Street, Bozeman MT 59715 " KENT-HAL ANNEXATION AGREEMENT THISAGREEMENTismadeandenteredintothis 6~ _dayof AIA0AA+ ,2002, by and between the CITY OF BOZEMAN, a municipal corporation and political subdivision ofthe State of Montana, with offices at 411 East Main Street, Bozeman, Montana 59771-1230, hereinafter referred to as "City", and Anna Bidegaray & Daniel Bidegaray, 3100 Wagon Wheel Road, #2, Bozeman, MT 59715; Shannon Benser, 3100 Wagon Wheel Rd, #4, Bozeman, MT 59715; Steve Vanpelt, 3100 Wagon Wheel Rd, #1, Bozeman, MT 59715; Don Cowles, 117 Heritage Dr., Bozeman, MT 59715 hereinafter referred to as "Landowner". WITNESSETH: WHEREAS, the Landowner is owner in fee of certain real property, hereinafter referred to as the "KENT -HAL ANNEXATION", situated in Gallatin County, Montana, and more particularly described as follows: Tract A, Certificate of Survey 526 along with adjacent public streets. Said area contains .445 acres, more or less, along with and subject to all easements of record or apparent on the ground. I KENT-HAL ANNEXATION AGREEMENT N ~ ,.... 0 .,:.: fI') '" ~ ''''' '0 ~ .... 0 ,.... <D ~ NQ,~ Nl:oo 0-0 _0 _0 _. -'" =0 ~N -U -~ -E ~ - _0 =u - r: -~ ='" =- -- -'" _<l> =. _Ill ~::: _.~ =1: ~Q) -:::; o =- -L -", ~..r:: _u Return Interoffice Mail to: Bozeman Department ofPlmming and Community Development 20 E Olive Street, Bozeman MT 59715 WHEREAS, the Landowner has petitioned the City for annexation ofthe contiguous tract; and WHEREAS, the KENT -HAL ANNEXATION is not within the corporate limits ofthe City or other municipality but is contiguous to the City and may therefore be annexed to the City in accordance with the provisions ofthis Agreement and M.C.A. Title 7, Chapter 2, Part 46. WHEREAS, all parties recognize that the annexation of the KENT-HAL ANNEXATION pursuant to Section 7-2-4601, 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 7-2-4610 provides that a municipality and landowner can agree to the provision of services to the area to be annexed; and WHEREAS, the City's present water supply is insufficient to enable it to supply reasonably adequate water service to additional customers outside the present city boundaries; and WHEREAS, the Landowner wishes to convey to the City certain water rights or take some equivalent action to provide water and sewer service to the KENT-HAL ANNEXATION; and WHEREAS, all parties recognize that the development of the KENT-HAL ANNEXA TION will impact Wagon Wheel Road, and will require additional public street improvements for traffic circulation; 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 KENT-HAL ANNEXATION; and I KENT-HAL ANNEXATION AGREEMENT 2 a: N <D t-- 0":: ......'" ~ '"#... r- U) og t-- r- ~ Nw~ 01- N~g,: -'" -'" ,..; -0 -M - _0 _1Il ===E -I- -E _0 -0 -C _..... -..., -~ -.-.; -~ III iiiiiiiiiiiiiii :: -..... E '" :: -01. -- -l... -.. ~{j Retum Interoffice Mail to: Bozeman Department of Planning and Community Development 20 E Olive Street, Bozeman MT 59715 WHEREAS, the making and performance of this Agreement is desirable to promote the development ofthe most adequate water supply and traffic circulation pattern for the City as it now exists and as it is reasonably expected to enlarge; and WHEREAS, the securing of an adequate water supply and traffic system by the City is necessary and of mutual advantage to the parties hereto; and WHEREAS, the parties have determined that it is in the best interests of the City and the Landowner, and in furtherance of the public health, safety and welfare ofthe community to enter into and implement this Agreement. IN CONSIDERATION ofthe mutual covenants and agreements herein contained, the parties hereto agree as follows: Recitals The above recitals are true and correct. 2. Annexation The Landowner filed an application for annexation of the KENT-HAL ANNEXATION with the City. By execution ofthis Agreement, the City has manifested its intention to annex the KENT- HAL ANNEXATION tract pursuant to the terms and conditions of this Agreement. Subject to the provisions of Title 7, Chapter 2, Part 46, the City shall, upon execution of this Agreement, adopt a Resolution of Annexation of the KENT-HAL ANNEXATION to the City. Further, upon the execution ofthis Agreement, the Landowner shall do all things necessary and proper to aid and assist the City in carrying out the terms, conditions and provisions of this Agreement and effectuate the annexation of the KENT-HAL ANNEXATION tract to the City. I KENT-HAL ANNEXATION AGREEMENT 3 a: N <D ..... 0 .,:.: _<'l~ .....-.... to o~ ..... lXl ~ Nw~ lll- N~~ _0 _0 <<i -~ iiiiiiii;iiiiii _u _ill H _E -I- -E iiiiiiii;iiiiii _0 u ~c _.~ -~ === ~ -.. -'1 _Ill iiiiiiii;iiiiii ::: _.~ =E: ~~ -~ -0 -~ iiiiiiii;iiiiii i ~& Return Interoffice Mail to: Bozeman Department of Planning and Community Development 20 E Olive Street, Bozeman MT 59715 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 KENT-HAL 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 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 ofthis service. The term does not contemplate the extension of lines or construction of necessary improvements at any cost to the City for delivery of water to and within the KENT-HAL ANNEXATION. Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition, engineering, construction, and other costs for the delivery of water to or within the KENT-HAL ANNEXATION to include, but not limited to, any impact fees, hook-up, connection, or development charges which may be established by the City. The applicant is further on notice that prior to development the applicant will be responsible for installing any facilities required to provide full municipal services to the property in accordance with the City of Bozeman 's infrastructure master plans and all city policies that may be in effect at the time of development. 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 ofthis service. The term does not contemplate the extension of lines or construction of necessary improvements at I KENT-HAL ANNEXATION AGREEMENT 4 !!!!!!!!!!!!!!! ~ - u 6. Connection to Services ==== ~ ---~ !!!!!!!!!!!!!!! :E ~ 0 Upon annexation and upon availability of services, the existing residences or businesses on the =u -- iiiiiiiiiiiiiii C -- :: === ~ property shall be connected to City water and sewer utilities. The existing on-site treatment systems ----< !!!!!!!!!!!!!!! ~ =1 --.. ---< ----< ---... =:E !!!!!!!!!!!!!!! '" iiiiiiiiiiiiii :::: -0 =--< iiiiiiiiiiiiii i !!!!!!!!!!!!!!! .r; _u a: N ~ ~o":': -"'~ ..... -- .... m o~ ~m~ N Qigj m__ N~g,: _0 _0 -- -'" =0 !!!!!!!!!!!!!!! N Return Interoffice Mail to: Bozeman Department of Planning and Community Development 20 E Olive Street, Bozeman MT 59715 any cost to the City for collection of sewage at and within the KENT -HAL 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 KENT-HAL ANNEXATION to include, but not limited to, any impact fees, hookup, connection, or development charges which may be established by the City. The applicant is further on notice that prior to development the applicant will be responsible for installing any facilities required to provide full municipal services to the property in accordance with the City of Bozeman 's infrastructure master plans and all city policies that may be in effect at the time of development. shall be properly abandoned and certification provided the abandonment occurred. Any wells presently used for domestic purposes may be retained for irrigation purposes only and shall have no physical connection to domestic water piping. Service lines shall be located so that trees are at least ten feet from public utilities or services lines. 7. Water Rie:hts 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 ful(v 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 jar 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 I KENT-HAL ANNEXATION AGREEMENT 5 IT N '!'- r---g ,;..: tt) '0 ~ Wog r---~~ No;~ 01- N~~ ~g !!!!!!!!!!!!!! ,..; === re ~ ~ _u =<1)8. ==== i: -~ - _0 _u ~.= -... -~ -~ =1 _III -.... -.... ~E ~~ c; .... ~~ !!!!!!!!!!!!!! J: _U Return Interoffice Mail to: Bozeman Department of Planning and Community Development 20 E Olive Street, Bozeman MT 59715 The KENT-HAL ANNEXATION consists of approximately .455 acres. The Landowner understands and agrees that they must provide sufficient water rights in accordance with the City's policy according to the following schedule: KENT-HAL ANNEXATION, consisting of a total of 0.455 acres, shall provide water rights or cash-in-lieu at the time the executed Annexation Agreement is submitted to the City . The Landowner shall provide sufficient 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 ofthe zoning designation and/or City-approved development for the property at the time such calculation is made. Comprehensive Water and Sewer Desien Report Prior to future development of the property, the Landowner shall have prepared by a Professional Engineer, at Landowner's expense, a comprehensive design report evaluating existing capacity of sewer and water utilities. The report must include hydraulic evaluations of each utility for both existing and post-development demands, and the report findings must demonstrate adequate capacity to serve the full development of the land. If adequate water and/or sewer capacity is not available for full development, the report must identify necessary water system and sewer system improvements required for full development. The Landowner agrees to complete at Landowner's expense, the necessary system improvements to serve the full development. 9. Future Development Landowner understands and agrees that adequate municipal services and facilities may not be available to much of the area proposed for annexation for additional development, and that there is no I KENT-HAL ANNEXATION AGREEMENT 6 a: N <0 r--- g ~ tI') '0 ~ U)~g r--- ~ ~ N;,;~ lll- N~~ iiiiiiiii g - -'" -~ - iiiiiiiii -u ==== ~ iiiiiiiii ~ !!!!!!!!!!!!!!! :0: - _0 =0 - -~ -~ -~ =1 -" -- -- _.~ =:0: -~ -~ -0 ==== ~ -~ _0 Return Interoffice Mail to: Bozeman Department of Planning and Community Development 20 E Olive Street, Bozeman MT 59715 right, either granted or implied by the City, for the Landowner to further develop any of the KENT- HAL ANNEXATION until it is verified by the City that necessary municipal services and facilities, including but not limited to police and fire protection and road improvements, are available to all or a portion of the KENT-HAL ANNEXATION. 10. Imvact Fees Landowner(s) hereby acknowledge that annexation and development of their property will impact the City's existing street, water, and sewer infrastructure, and fire service capacities. Landowners shall pay to the City Fire and Street Impact Fees for the existing structures within the Tract prior to or at the time of Landowners ' execution ofthis 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 the 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. Landowners further understand and agree that any improvements, either on- or off-site, necessary to provide connection of KENT-HAL 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 I KENT-HAL ANNEXATION AGREEMENT 7 a: N ~ ,.... ~ ~ M'O~ lO",g ,.... ~ ~ N Gig: m__ N~~ _0 _0 - -<"l ===~ ---- - iiiiiiiiiiiiiii -0 ===~ -E: -I- ~E: - _0 =0 - iiiiiiiiiiiiiii .S -~ -~ -~ =' -~ ---- - _.~ =E: ~~ -~ ~~ =<- -.. ~.t:. _0 Return InterofIiceMail to: Bozeman Department of Planning and Community Development 20 E Olive Street, Bozeman MT 59715 have the right and privilege to take legal action against Landowner for the collection of such sums, including the entry of any judgment. In addition, the City may, at its option, enforce payment of such amounts by levying an assessment on the premises. B. Elect any other remedy available to City under the laws of the State of Montana. C. Any waiver by City of any default shall not be construed as a waiver of any subsequent default. Landowner(s) hereby acknowledge and agree that it shall be no defense to the enforcement of this provision by City that impact fees imposed pursuant to Chapter 3.24 of the Bozeman Municipal Code are subsequently voided or declared invalid by a court of competent jurisdiction. It is the express 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 a Stormwater Master Plan for the KENT-HAL ANNEXA nON for a system designed to remove solids, oils, grease, and other pollutants from the runoff from the public streets must be provided to and approved by the City Engineer at the time of any future development. The master plan 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 I KENT-HAL ANNEXATION AGREEMENT 8 <I N '!'- ,.... g .:.: M'O: lO",g ,.... ~ ~ NQj~ m.... N~~ iiiiiiiiiiiii g -. -'" ==re ~ iiiiiiiiiiiii -0 _U> =H _E -~ - _0 =0 - -c ===~ ==== ~ ;;;;;;;;;;;;;;; - !!!!!!!!!!!!!!! ~ =1 _Ill -- -- _..... =E !!!!!!!!!!!!!!! Q) iiiiiiiiiiiii :: -0 -- =L -~ _U Return Interoffice Mail to: Bozeman Department ofPlaIll1ing and Community Development 20 E Olive Street, Bozeman MT 59715 information, typical stormwater detention/retention basin and discharge structure details, basin sizing calculations, and stormwater maintenance plan. 12. Traffic Analysis Report Landowner may be required to provide a detailed Traffic Analysis Report(s) at the time of future development of any portion of the annexed property. 13. Waiver of Rie:ht-to-Protest Special Improvement Districts Landowner has executed a Waiver of Right-to-Protest Creation of Special Improvement Districts for street improvements, including paving, curb/gutter, sidewalk, and storm drainage appurtenances to Wagon Wheel Raad and Sauth Jrd Avenue and have further executed a Waiver af Right-to-Pratest Creation af Special Parks Maintenance Districts. Said Waivers are attached hereto as Exhibits A and B. In the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternative financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation ofthe property, traffic contribution form the development, or a combination thereof. 14. Additional Terms of Waivers The parties recognize that these documents shall be filed and of record with the Gallatin County Clerk and Recorder prior to the sale of any land within the KENT -HAL ANNEXATION. The parties further agree that the City may file these documents at any time. 15. Utility Easements Landowner understands and agrees that utility easements, a minimum of30 feet in width, may be necessary for the installation and maintenance of water and sewer utility services to the annexed I KENT-HAL ANNEXATION AGREEMENT 9 0: N ~ t-- :il ,; Mo~ lO....g t--~~ N;,;:::l lll- N~~ _0 _0 !!!!!!!!!!!!!!! ~ =0 -N - iiiiiiiiiiiiiii iiiiiiiiiiiiiii -u ==== ~ ->:: -t- !!!!!!!!!!!!!!! E - _0 =U - iiiiiiiiiiiiiii .5 -~ -~ -';;i !!!!!!!!!!!!!!! <'> =' _Ill -...; -...; _..... =>:: -2 -~ -0 ==== ~ -J. _u Return Interoffice Mail to: Bozeman Department of Planning and Community Development 20 E Olive Street, Bozeman MT 59715 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. 17. Parks Landowner understands and agrees that any contiguous parks, open space, and/or trails shall be extended to the annexed property and that location, facility type, and other park development issues will be coordinated between Landowner and reasonably anticipated development on adjacent property. While coordination is needed, final approval will remain with the City, and Landowner will be responsible for the development of their property to the standards required by ordinance or development approval on their property. 18. Governine Law and Venue This Agreement shall be construed under and governed by the laws of the state of Montana. fu the event of litigation concerning this Agreement, venue is in the Eighteenth Judicial District Court, Gallatin County, State of Montana. 19. Attornev'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 ofthis 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. I KENT-HAL ANNEXATION AGREEMENT 10 a: N ~ r--- g ~ f'I') '0 ~ lOlllg r--- - ~ Nm~ 01-- N~~ ~g ~M ==== ~ - ~ ~ _U -<II ==E -Ii: - _0 =U - ~.S -.., =" =.... -=:-;; -'" =' _"' ~:: _..... =E ~<Il -.., -.., -0 -.... =1... -.. -r: ==== U Return Interoffice Mail to: Bozeman Department of Planning and Community Development 20 E Olive Street, Bozeman MT 59715 20. Waiver No waiver by either party of any breach of any term, covenant or agreement shall be deemed a waiver ofthe same or any subsequent breach ofthis same or any other term, covenant or agreement. No covenant, term or agreement shall be deemed waived by either party unless waived in writing. 21. Invalid Provision The invalidity or unenforceability of any provision ofthis 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. 22. Modifications or Alterations No modification or amendment ofthis Agreement shall be valid unless evidenced by a writing signed by the parties hereto. 23. No Assienment It is expressly agreed that the Landowner shall not assign this Agreement in whole or in part without prior written consent of the City. 24. 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. 25. 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 KENT-HAL ANNEXATION AGREEMENT 11 IT N ~ I"~ .,:.: C") '0 ~ U)<n8 r---~ NiV~ Ol~ N~~ _0 _0 - -('J -0 ::=-N ~ _U ='" ==== E -I- !!!!!!!!!!!!!! E - _0 =0 - ~_S -~ === -g =' -.!: ~- -'~ =J:: ~~ -~ -0 ==== ~ -~ _u Return Interoffice Mail to: Bozeman Department of Planning and Community Development 20 E Olive Street, Bozeman MT 59715 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. LONDOW~ER r )' j... {~ I'> (5,LV ) By: Daniel Bidegaray STATE OF MONTANA ) :ss COUNTY OF 6PJA~ It ) On this II fh day of OclD~ , 2006, before me, a Notary Public for the State of Montana, personally appeared Daniel Bidegaray, known to me to be the person that executed the foregoing Annexation Agreement, and acknowledged to me that 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. " .' (Slt.#) . 'I .' ;.:....,;.: >1:/" ,~:. \...'.:;' ,/ ',' . '/ ", ,,OJ 11j;- t... ) ~7 :~,. <:"" 'r- ::v' :;;'~'. -n "'. i'? - ::::: ,< ~-. ~ ~:~, ,P'. t"'\ f.... : ...:: "?l ". .,' 'e'")' ":/" ..~. ..4 ,""1") , ". -l'V4 ........ .~, \[.(Q, ~{ItL 8 VU1jY1~ ~'1 e-t.tV1L (6((Ur1 (r1~ (Printed Name Here) Notary Public for the State of Montana Residing at A OU4l\ltt?l.A'--" My Commission Expires: 3/25 /7....007 LANDOWNER .-'.~ "'- jLQ~ By: Anna Bidegaray STATE OF MONTANA ) 'ss COUNTY OF (}Qll\cd1 ~ ' On this \ \\\r. day of \_J C ~ (:) ~ ~ '\ ' 2006, before me, a Notary Public for the State of Montana, personally appeared Anna Bidegaray, known to me to be the person that executed the foregoing Annexation Agreement, and acknowledged to me that she executed the same. I KENT-HAL ANNEXA nON AGREEMENT 12 <I N ~ r--- ~ ..:: ('I) '0 ~ U)r- 8 r--- ~ ~ NGi~ m__ N~~ _0 _0 - -C'l =0 _N iiiiiiiiii iiiiiiiiii -I.) ==== ~ -lE -I- !!!!!!!!!!!!!!! lE - _0 =1.) - iiiiiiiiii .S -..., -~ --;; !!!!!!!!!!!!!!! <'> =' _III -- -- _..... =lE !!!!!!!!!!!!!!! '" -..., -..., ~~ =.... -.. !!!!!!!!!!!!!!! r. _I.) Return Interoffice Mail to: Bozeman Department of Planning and Community Development 20 E Olive Street, Bozeman MT 59715 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) . ;\\~:.~,l,IJ~i.!fil/ll, \\\. r: E" "'/I ~' \-C H-1 .~ #' q..\"-. . . . . . . U' ;% ~~. . /":, t".:~OTAR/~i'.\'\'\~ - - ~*: SEAL :*~ , . . ~ ~c.P. ~~S' ~:;.. .~~ ~ ..t1 . . ~~ ~ 1)-/2 . . . . . ...0.l ~ "-'11/// OF MO\',\\\\~ /1/11//1111\\\\\\\\ STATE OF MONTANA ~~ '~~Q, ~-\~:i~Q \.~\ c)...., L e.-e. 't\ C'S~.\ €-. (Printed Name Here) Nota~{Sblic for the ,S,tate of Montana Residing at \ C')? e CY\ (\ ("\ My Commission Expires: \-\~f" ~ \ ~.cl.OO'1 LAND~ By: Shannon Benser ) :ss COUNTY OF ~1l.Jt.,,- ) On this ~ day of (') c: \'0 ~" ( , 2006, before me, a Notary Pnblic for the State of Montana, personally appeared Shannon Benser, known to me to be the person that executed the foregoing Annexation Agreement, and acknowledged to me that he 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) \\\\\\\11111/1111/ .;:::..\\\\\\ \..E E H"itlll,;/. ff' q..\"-. . . . . . . U';% ,:::; ~. . ......~ , "::~OTAR/~i':\'\'\ l ::*. SEAL ,*s ~ . . ~ ~(j'l. .~~ -::;,:;.. .~,:::; % '1Ji. . . . . . .~~ t' ~//// OF MO~ \\\\\.-:::. 1IIIiIIlllll\\\\\\\ ' \~ k \\~ -=rc~~'<A ~~. \-\~~~€ (Printed Name Here) Notary Public for the State of Montana Residing at \3()"tP (V\ C'\ '" My Commission Expires: ~~\'\\ l\ Il(\~ LANDOWNER yt/UJ-U tI /ttk- , By: Steve Vanpelt I KENT-HAL ANNEXATION AGREEMENT 13 a: N <D ~~..:- fI') a : UlIm8 ~~~ N;,;~ Ol- N~~ _8 _0 !!!!!!!!!!!!!!! ~ _re ~ -u ===~ -:E: -I- !!!!!!!!!!!!!!! :E: - _0 =u - ~.5 -~ -~ --;;; !!!!!!!!!!!!!!! c> =' -~ ~- --.... ='" ~~ -~ -0 === ~ -", !!!!!!!!!!!!!!! .c _u Return InterofliceMail to: Bozeman Department of Planning and Community Development 20 E Olive Street, Bozeman MT 59715 STATE OF MONTANA ) :ss COUNTY OF GG(,.\\cei\'~) On this \ \~\'" day of \J c....-\a ~ e :<- ,2006, before me, a Notary Public for the State of Montana: personally appeared Steve Vanpelt, known to me to be the person that executed the foregoing Annexation Agreement, and acknowledged to me that he executed the sanle. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. -)~_ ~. \\~ (SEAL) \ ' \6.c~ V~ \~(\. ~ ~\ ~ (Printed Name Here) Notary Public for the State of Montana Residing at ~~ '( ~C\. 'f\. \\\\\\ i: \ II ill i 11//1 ~,,\\~ \.. E. E J.,-./II~ ~ <(-'. . . . . . . & ~ S'_. .>::::- :::: /0..,' " ". <:::- I :" ~OT~RI-4i":'" 1 :::::*" SEAL "*::: "* (jl"" :~ ~ ~~"" .'~~ ~ iJti . . . .' ~~ ~ ~I/II Of: MO~ \\\~'{' 1111/111' II \ \ \ \ 1\\\\ LAN By: Don Cowles STATE OF MONTANA ) COUNTY OF ~((cd,.,,-:;s On this \ 'd...~ day of CJc ~ ~\Jf' (' ,2006, before me, a Notary Publicfor the State of Montana, personally appeared Don Cowles, known to me to be the person that executed the foregoing Annexation Agreement, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ' ~ ()j-.J~, ~~...-\~~ \0. \' 0-- L() fJ \--\. (). S-\". \ e-- (Printed Name Here) Notary Public for the State of Montana Residing at Ba? e '{Y\ <J. (\ (SEAL) \\\\\\\\111111///1 -::;.\\\\\ €. E H IIII/~ ~ t'>.. \.. . . . ..-<1& ~ S'I')."T- . .). ~ ;::;: y . . ';' ... t ~:~oi ARIA! '.~ ~ g *:. SEA. L :*~ ~ . I ~$ ~ I.P),,' . .' ~ ~ ~ '...9 . . . ^~ ~ %/1/12 oi=.MO';\~\# 111111/ 1111 \I \ I \ \ \ \ My Commission Expires: ~\ ~r \ \ l\ \ :)C()~ I KENT-HAL ANNEXATION AGREEMENT 14 Return Interoffice Mail to: Bozeman Department of Planning and Community Development 20 E Olive Street, Bozeman MT 59715 / CITY OF BOZEMAN ~A::X_M~ By: Chris A. Kukulski, City Manager 1. I~.. ~..'" ",~' ': . I,~ Z l~it\ 7 " , '0 >'rTES " ~, (I, ~'f .... . ~ l F.. " " , ..... , \\~. .,~i~j 2) . . '~;.'" _ _~ \ .:t1}Y6. lL_1S IOn '~O:...-- f}~,I'..~ tlllIl '\~~.~L~~:i.4aNTANA ) \/~m cO ,~ :~'.t _, c . 1 :ss COUNTY-OF GALLATIN) f1,Ilf)... On the V day of Montana, pers nallyappeare CRR 'A. KUKULSKI AND BRIT FONTENOT, known to me to be the City Manager and Clerk of the City Commission 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. 2001 before me, a Notary Public for the State of a: N ';". f':;;":; f') '0 ~ U)m~ f'~~ NiU:::l 0)- N&lE IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year fir~~\~fiiU~g;,~bove. ~\\.. .' '.,.~ "/ ~'iI "\ l'" " If',,' ':. ~ t- . '. "/~~ /~ ~ <(.,. , , '/:. " ~.'lo.: '''IJ~" .", .,- {""'-'(i!'l~n' . ....~::J- '. *.:. .UJA'" ..:: ~.~,\1.'._. ~: & ............'11(~$-"~ .. ~' ~ .,' i:: .;;.,~"" '. /~- ~~ .,'~'.d '.~4.~4." ~ S:~ ~,"I -Ai",_ ~...,>$'..,~ "'Ij/;h:,M{l/ 1'4 I \~'> ""'"IliII \\\ \ \\\\ tary Public for the State of Montana Residing at Bozeman, Montana My Commission Expires: I ' 2& 'ZO/tJ _s _s - -'" =0 _N = iiiiiiii -u ==== ~ ->:: -I- !!!!!!!!!!!!!!! >:: - _0 =u - iiiiiiii ,S -~ === ~ -~ =1 _C11 iiiiiiii - -,~ =>:: -~ -~ -0 -- =L -/G !!!!!!!!!!!!!!! J:. _u I KENT-HAL ANNEXATION AGREEMENT 15 a: N <D ,.... g ~ f") '0 ~ lO""g ,.... N ~ N Qifj 01- N~~ _El _El - -'" ---- ~ ---- iiiiiiiiii _0 =11l ==== E -f- !!!!!!!!!!!!! >:: - _0 =0 - -c ==== :: ==== ~ =.-. -.. -'-" =. -.. ---- .-. _.~ =E -2 -~ =~ =L -.. !!!!!!!!!!!!! .c _0 Retum Interoffice Mail to: Bozeman Department of Planning and Community Development 20 E Olive Street, Bozeman MT 59715 EXHIBIT A WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS KENT-HAL 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 Tract A, Certificate of Survey 526. Said tract contains 0.445 acres, more or less, along with and subject to all easements of record or apparent on the ground. 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 Wagon Wheel Road and South 3rd Avenue, 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: Paving, curb, gutter, sidewalk, and storm drainage improvements to Wagon Wheel Road and South 3rd Avenue; or to make any written protest against the size or area or creation ofthe district, or method of assessment to be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. In the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternative financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. I KENT-HAL ANNEXATION AGREEMENT 16 . a: N ~ -..0 .' I-"'~ Mo~ .", 0 _~o -..NN I - .. N NIlIN m- N~:g _0 _IS> -' -'" _0 -N -'-' III -- z: -I- _E -0 <.J C :.::: .. - _';;i <'> I -'" :: -'~ E III ~ _-0 -< ~ _.I:. -'-' Return Interoffice Mail to: Bozeman Department of Planning and Community Development 20 E Olive Street, Bozeman MT 59715 This waiver shall bc a covenant running with the land and shall not expire with the dissolution of the limited partnership, provided however this waiver shall apply to the lands herein described. The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the successors-in-interest and assigns of the parties hereto. DATEDthiS~aYOf ~~ ,2006. D~ ~ $ ~"^01 By: Daniel Bidegaray LANDOWNER STATE OF MONTANA ) :ss COUNTYOFGiUmhYL) On this I J r~ day of () cJo ~ , 2006, before me, a Notary Public for the State of Montana, personally appeared Daniel Bidegaray, known to me to be the person that executed the foregoing Annexation Agreement, and acknowledged to me that 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. ~ . ~, , . . ~ ~' ,.".,'" (SIlJ~T.\;""', ~ ~~1 ~ ..."' t",<r". c1'.4"....: l c" "'~'I) iJI. ..... ~ \,: :: l:!"" v O.l."" c..... ::...,: ~,. .Cl'\ : '" : \:~"P"'~ " l ~o: "- ::0 :m1 ~ ~', ~ - .;: i -,\ ~ ~" .b. .: - ! ~ ~ '. ,ct.,,: t"' I.... .. ~ " ~ 'A .._~~ . '"'- ~ " ....~. .' . .' ~J . ,'."- ',,, .... .... ....7 .-' ~1:""'4 .1,...111.. V if' ",' ';:-'" ,y 4 ' ..,c' 'f, -4.\' , ,;"'Ji)lUUqt\~.' ,~ ';'.. ~~ ~e#i~ H.eLR Vl€. G-yR-4'1/l1jer (Printed Name Here) Notary Public for the State of Montana Residing at ~D~- My Commission Expires: 3/2 ';J- /ZOo 7 LANDOWNER .. ~-~ 75J2~ By: Anna Bidgegaray STATE OF MONTANA ) :ss COUNTY OF ~Hccl\\\.-- ) I KENT-HAL ANNEXATION AGREEMENT 17 . <I N ~ ,.... ~ .,:.: M~~ lONg ,.... N ~ Ni,j~ lll- N~~ iiiiiiiiiiiiiii g - -'" === ~ iiiiiiiiiiiiiii - iiiiiiiiiiiiiii -0 ='" ==== i;; -...... !!!!!!!!!!!!!!! E - _0 =0 - -c: === :: -~ -';; !!!!!!!!!!!!!!! C!> =1 _III -- -- --.... =E =~ -~ =~ =.... -.. !!!!!!!!!!!!!!! J::. _0 Return Interoffice Mail to: Bozeman Department of Planning and Community Development 20 E Olive Street, Bozema~ MT 59715 . On this \ ,~~ day of a L \ C) 'D~ '\ , 2006, before me, a Notary Public for the State of ~ersonally appeared Anna Bidegaray, known to me to be the person that executed the foregoing Annexation Agreement, and acknowledged to me that 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) \\II\\\lil/l/JIIIII ~\\\ E E III; ~" r,. \.. It -t1 '/,,: ~ ~r. . . . . . -1\5\ ~ ~b-' . ~~ ~ J.,.,.' . . ,,~ ~ :~OTARI..qi'.~% ~ *: S -.- : * ~ ~ . EAt - ... . .:: ~~'. ._~ ~_. '-~~ ~ IX . . . . . _'<<-~.:t ~~ (:0' Ot"' MO~ ~ ~~- 1'/11 r \\\\ 1IIIJn J/ III I \\\\\ \ STATE OF MONTANA ~~~ ~ \\~ \0-(' D.. ~ e \\('..~ ~ e (Printed Name Here) Notatiublic for the State of Montana Residing at \ DOl € mC\. (\ My Commission Expires: l\~{'~ \ 4\d~ LAN~~ By: Shannon Benser ) :ss COUNTY OF c...llcdik.- ) On this ~ day of \:J ( ~ 0 ~ er , 2006, before me, a Notary PublicfoT the State of Montana, personally appeared Shannon Benser, known to me to be the person that executed the foregoing Annexation Agreement, and acknowledged to me that he 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) \\\111 \ 1111111/1/11 \\\ E E II; ~ \\\ \.. H..q 1'/0 ~ <').y.. . . . '. U' ~ SOY' .l.'i ~ ~ " " ';" ~ f ".:~OTAA/A,i'.~ ~ = III --- . :: ~*. SEAL .*~ ~ . . ........ .... - -:;::. .n . . 0'" ~ .... u).. . . ~ ,_ ~_. .~,'- '"1-.;h....... f.-r," ~ '(:0- OF ".O~\ ~"-~; ;//11 1\/' \\\\ III/II I J/ 1111 II \ \ \ ~~.~. ~~ \C)~o. Le.~ \-\o.~~~ (Printed Name Here) Not~UbliC for the State of Montana Residing at () C- e t'c\C'\.. f'- My Commission Expires:l\\Jr~\ l\ \~ao<\ LANDOWNER ~1!~ By: Steve Vanpelt I KENT-HAL ANNEXATION AGREEMENT 18 <I N ~ r--~~ f't') '0 ~ W""g r--N !:::' N;,;~ 01- N,j":g _0 _G ~..; ~~ ~ _u _<Il ==;: -I- ~E - _0 ~U ~.: -~ ='" =..... -';G ~<.'> ~~ -..... -..... _.~ =E ~2 -.., -0 -..... ~~ ~.!: _u . Return Interoffice Mail to: Bozeman Department of Planning and Community Development 20 E Olive Street, Bozeman MT 59715 ST A TE OF MONT ANA ) :ss COUNTY OF ~ On this ~ day of c:J ~ ~C')~~ 'C ,2006, before me, a Notary Public for the State of Montana, personally appeared Steve Vanpelt, known to me to be the person that executed the foregoing Annexation Agreement, and acknowledged to me that he 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) ~~ 6 \\~ --1& r ~ L~ €- \--b.. ~ -\', ~ (Printed Name Here) Nota~lic for the State of Montana Residing at le ~jr\. \\\\\ \ \III 1111/1111 ~~\\\ \.. E E It II/",,~ ~ ~'r. . . . . . AIIS' ~ $~. ....>-~ f ":. .~OT ARI..qi..~~ ~ *'. SEAL' :* ~ ~. a ~ ~~ . . -,-::. ~"1.. .~;::: ~ ~..'.._.i<..~# q""/III OF MO~ ~"\''{' III lit I" I \I \ \\\\\ By: Don Cowles ST ATE OF MONTANA ) :ss COUNTY OF Bzc.ll".,:f;........ ) "-\'-' D ~ ~ On this \ \X.- day of ~. . (j ~ (" , 2006, before me, a Notary Public for the State of Montana, personally appeared Don Cowles, known to me to be the person that executed the foregoing Annexation Agreement, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. )\ \.....~. \-\~L ~ 0-. Le.e- t\~-S -\-'~ (Printed Name Here) Notary Public for the State of Montana Residing at is () 2 ~(\'\O. (\ (SEAL) \\\\\\11111/1//111 ~,,'\\\ \.. E. E H LJIII//~ ~~h."f.t- , ' . ,.-"1&:I.~ ~ ,.... . '" ~ .:::;;~. '".":, [}... ,:~oi AA/,(Ji '.~ \ ~*:. SEAL .:*$ ~I.P. .~~ ?/o '. ,'~~ ~ "'1)';" . , . " ~~ ~ q///II( () F \'II 0 "i:-\,,-v."- //11/1/ 11111 \ 1\\\\\ My Commission Expires: \\~f \ \ L\ \'dCA)'-\ I KENT-HAL ANNEXATION AGREEMENT 19 .. ~ a: N ~ t'-- g .,:.; M'O: UJ<tg t'-- N ~ NQj~ m- N~:g -"" _0 M ~ - _0 ill -i: ~ -0 o c ~ '" ~ -- ~~ I _Ill -..... -..... _I: GI .., -<i ..... -!... ~ _0 Return Interoffice Mail to: Bozeman Department of Planning and Community Development 20 E Olive Street, Bozeman MT 59715 EXHIBIT B WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL PARKS MAINTENANCE DISTRICTS KENT-HAL 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 Tract A, Certificate of Survey 526. Said tract contains 0.445 acres, more or less, along with and subject to all easements of record or apparent on the ground. IN CONSIDERA nON of receiving approval for annexation of the subject property from the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the impacts on the City's park facilities and the need for the maintenance of municipal park areas to serve City residents, the owners have waived and do hereby waive for themselves, their successors and assigns, the right to protest the creation of one or more special parks maintenance or improvement districts for a City-wide Parks Maintenance District, or to make any written protest against the size or area or creation of the district to be assessed in response to a duly passed resolution of intention to create one or more special parks maintenance or improvement districts. In the event City-wide Parks Maintenance or Special Improvement Districts are not utilized for the City-wide park maintenance, we agree to participate in an alternate financing method for completion of said improvements on a fair share, proportionate basis as determined by square footage ofthe property, linear front footage ofthe property, taxable valuation ofthe property, or a combination thereof. I KENT-HAL ANNEXATION AGREEMENT 20 . a: N ~ ~g..:.: C") '0 ~ WU1g ~N~ N d~ ~~ N~~ g ..; _19 -N _U _lIl .... _L ~ -0 U c:: _..... -.- ~ -;; _C> I _III -.... -.... -..... :E: ~ -.- _0 -.... L -~ -.c ===== u .. Return Interoffice Mail to: Bozeman Department of Planning and Community Development 20 E Olive Street, Bozeman MT 59715 This waiver shall be a covenant running with the land and shall not expire with the dissolution of the limited partnership, provided however this waiver shall apply to the lands herein described. The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the successors-in-interest and assigns ofthe parties hereto. DATED this ll~ day of ~ \'.ck' ,2006. L~DOWN~ ~~t,h~ By: Daniel Bidegaray STATE OF MONTANA ) :ss COUNTY OF 6a/).l1f/K) On this (1'f1.^---" day of tJc.fow ,2006, before me, a Notary Public for the State of Montana, personally appeared Daniel Bidegaray, known to me to be the person that executed the foregoing Annexation Agreement, and acknowledged to me that 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. . (SEALl:' "CJ ,.....".... <(: .::' ...' C1'~ ,1, .... 1. ~, " ... '0 .. ~~\ ,.,., .. ~:,...\... I .,' . Cl , O'.,,>.!'> tt . po. 1 ,.." : ,!';~F ?':::O :;tl \ '1:: : ',1t: _ ,:!,,", ;.ur . ~~ . ~ , 0, '. \ "'.",\ I:::: " ,..... ""'~ ....~ ~ ...., ,..' (.,.~~:.:'" -{". "."""." ,'i." ".. ' , ~l I.,' ~.~ tJ~~{~ U-l Le ~ G-,e.'V11 }JfY:r" (Printed Name Here) Notary Public for the State of Montana Residing at tJ ~ My Commission Expires: .3/2-5" 12001 . , LANDOWNER '- od-tA/fA.-L ~ By: Anna Bidegaray ST A TE OF MONT ANA ) :ss COUNTYOFC~I(~'~) I KENT-HAL ANNEXATION AGREEMENT 21 I . a: N ~ t"- g ,:.: tt)o~ W",8 t"- N ~ N Qig: m- N~~ iiiiiiiiiiiiiii g !!!!!!!!!!!! ...; ~ !!!!!!!!!!!! _0 _<Il .... _E ~ -0 o -!: _.~ -~ -.. .... ~.... ~ -I iiiiiiiiiiiiiii ~ .... -i ., ~ -c; -.... =.... -.. ~fj Return Interoffice Mail to: Bozeman Department of PI am ling and Community Development 20 E Oliv, Str,ot, BO"~ MT 59715 () \- ~ On this r I day of C ~~ Q 'f ,2006, before me, a Notary Public for the State of Montana, personally appeared Anna BIdegaray, known to me to be the person that executed the foregoing Annexation Agreement, and acknowledged to me that 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) ~k\\~ ~(J..\O-- l-~. 'r\QS~~e (Printed Name Here) Notary Public for the State of Montana Residing at ~~ 'f'A-o....Y\.. \\' . ".' ;.: I." 'i,'/;. ~\ y.". \.,.\;-: t: I'I,..:'/'//-'/, ~<?r..'" ."1& ~ ~_. '.';'~ "" /...' . ,.. "" ~ :~OTARI-'1i'.~~ ~*:. SEA' L :'*~ ~<P~' . 0-;$ ~9'.. ..'~$ ~ ~ '.. _~~S' ~/// OF M 0\'\ '\\\'~ 11///1//11111\\\\\\\\ My Commission Expires: \\~\.\ \ l..\ \ id.(jC)~ LANDOW~ By: Shannon Benser STATE OF MONTANA ) :ss COUNTY OF Gd.. ~''''-) On this \ (-t~ day of ~~ \(j ~~ 'f , 2006, before me, a Notary Public for the State of Montana, personally appeared Shannon Benser, known to me to be the person that executed the foregoing Annexation Agreement, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written, ~~C>. b -\--\ ~ (SEAL) \().fQ. L~e \-\QG~~~ ""."S'~~:~';~~I////& (Printed Name Here) ~ * b.. . "/.0 ~ bl' ~ S $' n...l-. .' ". U"}, ~ NotsPU IC, 10, r th, e tate of Montana ;:: ~-. . ';' ~ f":'~OTARIA.i'.~~ Residing at Q)ze'/'^. \1<\ % *:. SEA" L': * ~ My Commission EXPires:~\ -,::;, .n . 0-::: ~\,I'},'. .~:::: ~...... . b5"~ ~ -1)'~' . . . . ~'l'".:::' all/1 OF WlO \\,:-,Y:' III//JI/III\\\\\\\ LANDOWNER ~V~ By: Steve Vanpelt I KENT-HAL ANNEXATION AGREEMENT 22 ) N ft :ss ..... ~ ~ COUNTY OF G;..L1~.....) Mo~ \ ~: ~ On this \ \ --i- day of (J ~ '-\C::>\j e~ r , 2006, before me, a Notary Public for ~ ~ OJ the State of Montana, personally appeared Steve Vanpelt, known to me to be the person that executed .-:: :g the foregoing Annexation Agreement, and acknowledged to me that he executed the same. - ~ IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day = and year first above written. _u _rJl _i: -~ -0 =u == C === ; ='" ---0 ;;;;;;;;; --0 !!!!!!!!!!!!! ~ =1 -"' _--0 _--0 _.... =..: ~~ -~ -~ iiiiiiiiiiiiiii ~ ~..c _u .. ~ Return Interoffice Mail to: Bozeman Department of Planning and Conununity Development 20 E Olive Street, Bozeman MT 59715 STATE OF MONT ANA (SEAL) ~~k~~ ~tO-- ~ t\C\S-\'\E' (Printed Name Her~) Not~UbliC for the State of Montana Residing at b) e f{\ 0.... ~ \\\\ \ \ \ 1\ 11111111/1 :-,\\ E II~ ~~ \,..E. H~ "0 ~ 'Y'- . . . . . . & ~~ ~~. .r~~ ;::~. ll~~ ~ ~ :"~01 AA/~l. .:'P ~ =*" -.-L .*=- - . - .... ,; ;: ~ . SEA . ~.::: ~tPlIo.'. '~$; ~ ~ . . t<..;:fi: * ~ q'~"" ''(t\.~'f~'" '0////;; OF t./IO \\\"", :JIIIIIIIII \I \ \ \ \ \\\ LAND By: Don Cowles STATE OF MONTANA ) COUNTY OF G-eA..llodt.~ :;s --\" A \ ~ On this \): day of \J c::\:t> Q.. ( ,2006, before me, a Notary Public for the State of Montana, personally appeared Don Cow es, known to me to be the person that executed the foregoing Annexation Agreement, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yea;s::;ove written. ~~ ~ \\~ \ Q\C>.... \y-e \\ <1- ~ *'H~. (Printed Name Here) Notary Public for the State of Montana Residing at ~DZ€--fi\C\'f\ \\\\\\\\11111/1/11 -s-.'\\\\ \.,.t:. E H III//t,- ~ '?'- ," -1& ~ ,ff<<-," ".';"~ S:'''\ ,~~ ~ /... ,"~Oi AA/AL, ',''" ~ ~ *: SEA' L : * E ..... . ;: ~ .,,', .~;::: .;:;, \J).. . . ~ ~ ~4' ,'.;s-~ 'l. '1'/:',.. .0'{~ '0//111 OF MO\\\~ /IIlil HilI \ \1\\\\ My Commission Expires: (\~f ~ \ q \cl\X)~ I KENT-HAL ANNEXAT10N AGREEMENT 23 . " !. L'tion of Adjacent Right of Way Affidavit ~ ;~"" ~'ht. rof Gallatin County, administrative head or owner, and holder of beneficri('mterest in the street rights of way described on Exhibit A attached hereto and made part hereof, do hereby acknowledge and agree to the annexation of these street rights of way by the aty of Bozeman. Dated this (~yi22,,- '- ,2006 Title: \ \"\1\ "Ill \\,,\ 1\1\" 1\\1 "11\\111"\ III "III" 1\ 1"\ ~~?;~f]'~, . C MTMISC 20300 . t M'lls-Gallatln 0 . Charlot e .1_.... -. . RIGl-\l OF WI\Y /(TYP.) ) " Ii " TRACT 1\ !L~O POl NT OF ; I \ l5 BEGINNING ; CENTERUNE -----'" I I ; OF ROMJWI\Y I II [TYP.)~ ~ [-1;;:' , ' ~ ; Ii' SPRV:E 'I \ . w 51'~/' . :c ,l- ~ I a ~" ~ 't":'! C) ! ~. /' i ~ L--t-;:.-,:;.'// \ i-Oj CONCRETE DRIVE EDGEOF : ~:r: ROADWAyr : ~ I CONDOMrNIUMADDRESS: [TYP.) ,a 3100 WAGON WHEEL ROAD I I NOTES: 1. fOR LEGAL DESCRIPTlON OF THE PROPERTY PLEASE SEE COS 11526 AT RIGHT, 2. DRAWING SHOWN ABOVE IS NOT FROM ACTUAL SURVEY DATA, LOCATIONS OF STRUCTURES ARE APPROXIMATE. KENT HALL ANNEXATION MAP TRACT A ~ PROPERTY / BOUNDARY I ! k , ------'- R ~J W ~ /~ /1 ~_j~ ....:r --- sc...~[_ , INCh ... JO ~IT- .. "l r PINE 'I \~/~ ~ $\~ "'~ "'~ ca z~ >- ... IU .Z >... It:~!z ::> zo tn ;:= l.L ~ ~ 0.>- g.... IU"Z ~:B u" _~Z J::;:i= l-~" ",~J w~;i u.", OO'€0Z ~SIW1W o~ UlleTTeD-SII1W a..oT~e4~ l SCAlE. ]"::.30. I SJ-jEET 1 Of 1 I DATE. 12-22-05 -' ., I '~if~l~i~ 111111111111111111111111111111111111111111111111111111I CONCRETE rPATIO -/ f-( ( APPI.E 'i l 2;~~Y I \ ;----- ~TRaI_ - 1 ! CONDOMINIUM \' '____: 4 STAll I I ,---- GARAGE : 61' x 3B'! I , I' : I I 42' X 29" I ~...: l I : , PAVEMENT ' --/ I .' (I~ ~ >ji ,..M :.1 l!;,'" P.u IS!;l! -.r.iUj;~ ~;'_Ili Ul~~,i _1 tJ ~iiH-: i1'"jl 10-.;; l 1......-...;8 Ii - ~H~;i g !!~i ;~1~~ ,1!i"j ___"__ · ;~~l It'(:ii il!~ m~~t im ~ imm \\ j ;1 , I , ~ i... ~ ~ ~~ ~ ; ~ \!o J, " ~ :K~: . iiH a i: ~ ~ . ~ ~ J !G.~i: ...: i!liJj; ti:;.:i:_:..... ~::i!.;i. ff~p,,~ j:hl} '.'1'1 ., l!3'it- .n: ..... ~~~~~ ~i g-'i~:, iii~~j~t ~ii~~~~~ :.e;~'ii~Q- ~.i';::f:;':::~ ~ I~~jj~H- , i 'i,."''''~ '. a ~ ~ ~l~ J ~ ~ ~ I! u j' ~~ ~ II ii Pi i ~f '., ~ i .' ~ .,~ t ! " , . \\! i!;: : ~~. . ; ;i~r i ~ ;:H1 ..,,- j~ ,,' - ': .- .." .. -. MM" . - - ~ M ~ .. . --~ ~ ., - . . ':'-':!'. ...... ~t:j t ,.: "ri": ~ -'" -- . " ... - ~~:';;' . ~ . :' - ~. im :' ,. ,,') J' . ~ . . ~ . ~ ,,~ ._ ... ~ 4_" ,. ~.. ". ~ ~ - ~~~= :..;.: .~.;;::<o -' II! KEr" T Hi\LL N.J \J EXA 1. O:-'J ~,/!.l\P KENT HALL ANNEXATION MAP i I RIGHT OF WAY I Y:=(TYP') ! I ; :I: ' TRACT A ""'''"'')1' .:' ~ I/~~:~:' COO,,,,,, OF ROADWAY _ _ _ ;IPATlO (TYP.) ~- <(00 ~,." '-, '-=:li " I ':::::\" \ ~ i I( '=' ! \ \ i "TO" i - ~ : g I ,----,I \ "II I~ CON~~IUM I' l-___--i 3: c (______, / ,I 61'X38" i-i Z 1'''''1/.' I o I~' / / ~! // ,/ I i -Tco;"m~ - R=~n g I CONDOMINIUM ADDRESS: ~TYP.) c , I 3100 WAGON WHEEL ROAD I NOTES: 1. FOR LEGAL DESCRIPTION OF THE PROPERTY PLEASE SEE COS #526 AT RIGHT. 2. DRAWiNG SHOWN ABOVE IS NOT FROM ACTUAL SURVEY DATA, LOCATIONS OF STRUCTURES ARE APPROXIMATE. .,1 ! TRACT A (PROPERTY BOUNDARY ,6 I TREE ; ',,--.// 'I' ~~I' (;)1 Ii 42' X 29' ../i PAVEMENT ~ i--l R J' o JO 60 ~ k.r..~""'" I SCALE: 1 INQ-l .. 30 rEEf 00'E0Z ~SIW1~ O~ uTlelle~-STT1W al.oTJe4~ ~ ; <J:>j; ". "'M i' I /:; I'" ~!i I en as I ...~" 0<<> '" ~~ i ~ ia ~ U~ , ;:;: ,:!! i ~~~ " ti!3~ .~' : :~.~ . oj 1: · .lill;fr 1'1 j!r,~; i' i'ill), I, '.. · t , 1"'-' li,-j' I J ~~!;:f . 4.~ I; I I ijlJ 11~I,'l~ { !" ,JI~ i f I ~ j , flit mj~ ~ "~: ~ i i Wll~~ iJJj11~ i ~ II '1m ....~ I )I~ I II ! i ! Ijj J~~:~ ! j'12'f8 1 i. g ! i ~ . ..,.1 u."l" 1 .!-, ~ · ~ ; I I UJ i .=!l~. r i'!n~~,i :, p ~ ,;' ~ j'~ !Poj;j;' l-!:;j' ~ · i · 1 !;, 'li 1:1 i 'ill.." i i; ; ,J r! " ,-I ,r . ,_ :I t . J ~r,t.,r" I,i",m 0 t' '.' 1'" ~,J!,~:;; ..J~:~j ~ ,.; i; t .1'1 ., .0'1" "!JH,~, "t I ! gl .<li '~i"!; .. d"~; ; '1 ,~ 'ii'; , 1.':.;1,<'j '.!.lj~!~:i., ' = ! , w"'~-= ~:o.lu=..'" Ik"':.,; ~ ~ i t I fi I,,!i'! ~ J."l'" D! "j,-.l, !. -. :: Ii ~ :-;~U~.J i! i:!:;i .!~;, ~ :. . ill I l i ~ 11 \1 ~, l , l . 'f! I ! .i I i i! i ; i l---' ; , Mi ! . . -----I!~ , i ~ I I Ii .- ., j I!!l ; l~" ! !!ll -~'- ~. ... ~/~I ",,""~':'-';1' li~ '.: in ~ li1' ~~~ ! .;";:::;. - I." U"'~' ~ :I: ~ . ",,'I 1 ' ;;~J I iliif ~ '}:i m~l j]i~ ~;~ , ~... ~ KENT HALL ANNEXATION MAP . '~if~r~~ 1111111111111111111111111111111111111111111111111111111 SCALE: I"-JO'