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HomeMy WebLinkAbout12- Shining Mountains Evangelical Lutheran Church Annexation Agreement PLAtUD ✓ City of Bozeman—City 2412683012 012 04:41:25 PM Fee $1©5 pp A.O. Box 1230 Charlotte Mills — Gallatin County, MT MIsc 1111111111111111111111111111111111111111111 IIII I III IIIII 1111111 III IIIII IIIII IIII 1111 Bozeman, MT 59771-1230 SHINING MOUNTAINS EVANGELICAL LUTHERAN CHURCH ANNEXATION AGREEMENT THIS AGREEMENT is made and entered into this day of /146-e-6 ,2012,by and between the CITY OF BOZEMAN,a municipal corporation and political subdivision of the State of Montana, with offices at 121 North Rouse Avenue, Bozeman, Montana, 59771-0640, hereinafter referred to as "City," and Shining Mountains Evangelical Lutheran Church, 325 North 25th Avenue, Bozeman, MT, hereinafter referred to as "Landowner." WITNESSETH: WHEREAS, the Landowner is owner in fee of tracts of certain real property, hereinafter referred to as the "SHINING MOUNTAINS EVANGELICAL LUTHERAN CHURCH ANNEXATION,"situated in Gallatin County,Montana,and more particularly described as follows: Lots 5, 6 and 7,Block 1 of Kable Subdivision,located in the Northeast One-Quarter of Section 11, T2S, R5E, PMM, Gallatin County, Montana WHEREAS,the Landowner has petitioned the City for annexation of the contiguous tracts; and WHEREAS, the SHINING MOUNTAINS EVANGELICAL LUTHERAN CHURCH ANNEXATION is not within the corporate limits of the City of Bozeman or other municipality but is contiguous to the City and may therefore be annexed to the City in accordance with the provisions of this Agreement and MCA Title 7, Chapter 2, Part 43; and WHEREAS, all parties recognize that the annexation of the SHINING MOUNTAINS EVANGELICAL LUTHERAN CHURCH ANNEXATION pursuant to Section 7-2-4601, et seq., MCA, will allow the SHINING MOUNTAINS EVANGELICAL LUTHERAN CHURCH ANNEXATION to connect to and utilize City services,including municipal water and sewer service, Shining Mountains Evangelical Lutheran Church Annexation.-Agreement: Page 1 of 15 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 parties recognize additional development on the SHINING MOUNTAINS EVANGELICAL LUTHERAN CHURCH ANNEXATION will impact areas streets and fire services,and that future improvements may require additional public street improvements for traffic circulation and the provisions of fire services; 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 SHINING MOUNTAINS EVANGELICAL LUTHERAN CHURCH ANNEXATION; 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 SHINING MOUNTAINS EVANGELICAL LUTHERAN CHURCH ANNEXATION; 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 SHINING MOUNTAINS EVANGELICAL LUTHERAN CHURCH ANNEXATION; and WHEREAS,the Landowner finds this Agreement will provide for the most satisfactory and dependable water supply and sewer supply or service,and provide traffic circulation and fire service for development of the SHINING MOUNTAINS EVANGELICAL LUTHERAN CHURCH ANNEXATION; and WHEREAS, the parties have determined that it is in the best interests of the City and the Landowner, and in furtherance of the public health, safety, and welfare of the community to enter into and implement this Agreement. IN CONSIDERATION of the mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. Recitals The above recitals are true and correct. 2. Annexation The Landowner filed an application for annexation of the SHINING MOUNTAINS Shining Mountains Evangelical Lutheran Church annexation_'agreement: Page 2 of 15 EVANGELICAL LUTHERAN CHURCH ANNEXATION with the City on March 31, 2005. By execution of this Agreement, the City has manifested its intention to annex the SHINING MOUNTAINS EVANGELICAL LUTHERAN CHURCH ANNEXATION tracts pursuant to the terms and conditions of the Agreement. Subject to the provisions of Title 7,Chapter 2,Part 43,the City shall, upon execution of this Agreement, adopt a Resolution of Annexation of the SHINING MOUNTAINS EVANGELICAL LUTHERAN CHURCH ANNEXATION. Further, upon the execution of this Agreement,the Landowner shall do all things necessary and proper to aid and assist the City in carrying out the terms, conditions and provisions of this Agreement and to effect the annexation of the SHINING MOUNTAINS EVANGELICAL LUTHERAN CHURCH ANNEXATION tracts to the City. 3. Services Provided The City will, upon annexation, make available to SHINING MOUNTAINS EVANGELICAL LUTHERAN CHURCH ANNEXATION existing City services only to the extent currently available, or 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, as amended, as well as any other terms and conditions which apply to the City's provision of this service but does not include the extension of lines or construction of necessary improvements at any cost to the City for delivery of water to and within the SHINING MOUNTAINS EVANGELICAL LUTHERAN CHURCH 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 SHINING MOUNTAINS EVANGELICAL LUTHERAN CHURCH ANNEXATION to include,but not limited to, any impact fees, hook-up, connection, or development charges which may be established by the City. 5. Municipal Sewer Service Defined The term"municipal sewer service"as is used in this Agreement shall be the service which is supplied by the City in accordance with Chapter 13.24, Bozeman Municipal Code, as amended, as well as any other terms and conditions which apply to the City's provision of this service but does not include the extension of lines or construction of necessary improvements at any cost to the City for Slxining,Mountains Evangelical Lutheran Church annexation_agreement: Page 3 of 15 collection of sewage at and within the SHINING MOUNTAINS EVANGELICAL LUTHERAN CHURCH 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 SHINING MOUNTAINS EVANGELICAL LUTHERAN CHURCH ANNEXATION to include,but not limited to,any impact fees,hookup,connection,or development charges which may be established by the City. 6. Water Rights The Landowner shall comply with 38 .23.180,BMC,as amended,prior to the City's approval of the Landowner shall comply with 38.23.180,BMC,as amended,prior to the City's approval of the SHINING MOUNTAINS EVANGELICAL LUTHERAN CHURCH ANNEXATION and also prior to all future or subsequent development on the SHINING MOUNTAINS EVANGELICAL LUTHERAN CHURCH ANNEXATION. The Landowner and City agrees the Landowner has chosen to comply with 38.23.180 by deferring the need to provide water rights or cash-in-lieu payments pursuant to 38.23.180.C.As such,Landowner has made payment to the city of a payment- in-lieu of water rights calculated based on the annual demand for volume of water the development will require, as required with 38.23.180.A.1 or 2 prior to the City permitting construction of any future development on the SHINING MOUNTAINS EVANGELICAL LUTHERAN CHURCH ANNEXATION,including but not limited to the issuance of a building permit, a permit to connect to any city services, or prior to approval of any development authorized under Title 38, BMC. In addition, the Landowner recognizes and agrees upon all future and subsequent development on the SHINING MOUNTAINS EVANGELICAL LUTHERAN CHURCH ANNEXATION additional water rights or payment-in-lieu maybe required by the City.Additional water rights or cash-in-lieu payments may be required in addition to any previously transferred water rights or cash-in-lieu payment if the demand for water use from such additional or subsequent development, as calculated by the City at the time of the new or subsequent development and based upon the cash-in-lieu amount established by the City Commission at the time of the future or subsequent development, exceeds the previously transferred water rights or prior payment for cash- in-lieu for the SHINING MOUNTAINS EVANGELICAL LUTHERAN CHURCH ANNEXATION. In such a case, the Landowner agree to submit a cash-in-lieu payment or transfer sufficient water right for the additional or subsequent development prior to issuance of a building permit,a permit to Shining Mountains Evangelical Lutheran Church_Annexation_-agreement: I)age 4 of 15 connect to any city services, or prior to approval of any development authorized under Title 38, BMC, 7. Comprehensive Water and Sewer Design Report Prior to future development of the property the City may require the Landowner to have prepared by a Professional Engineer, at Landowner's expense, a comprehensive design report evaluating existing capacity of sewer and water utilities in the area. The report must include hydraulic evaluations of each utility for both existing and post-development demands,and the report Findings must demonstrate adequate capacity to serve the full development of the land. If adequate infrastructure capacity is not available for the proposed development, the report must identify necessary water or wastewater system improvements necessary for the proposed development. If improvements to this water or wastewater system are necessary, the Landowner agrees prior to development of the SHINING MOUNTAINS EVANGELICAL LUTHERAN CHURCH ANNEXATION to complete,at Landowner's expense,the necessary system improvements to serve the proposed development. 8. Future Development Limitations The Landowner will be responsible for installing all facilities required to provide full municipal services to the property in accordance with the City's Infrastructure Master Plans and all city regulations,policies and guidelines that may be in effect at the time of any future development. Thus, Landowner understands and agrees that there is no right, either granted or implied, for the Landowner to further develop any of the SHINING MOUNTAINS EVANGELICAL LUTHERAN CHURCH ANNEXATION until it is verified by the City that the necessary municipal services, including but not limited to police and fire protection, streets, and sewer and water capacity, are available to all or a portion of the SHINING MOUNTAINS EVANGELICAL LUTHERAN CHURCH ANNEXATION. Notice is thus provided to the Landowner that prior to additional development of the property,the Landowner will be solely responsible for installing,at Landowner's sole expense, any facilities or infrastructure required to provide full municipal services to the SHINING MOUNTAINS EVANGELICAL LUTHERAN CHURCH ANNEXATION in accordance with the City's infrastructure plans, adopted Growth Policies/Community Plans, and all other city regulations,policies and guidelines that may be in effect at the time of development. Shinuig Mowitains Evangelical Lutheran Church Annexation Agreement:. Page 5 or 15 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. Further,any existing use of a building, structure or land that would not be permitted in an R-2 (Residential, Two-Household Medium Density District) zoning district must be abandoned with the annexation of the subject property. 10. Stormwater Master Plan Landowner understands and agrees a Stormwater Master Plan for the SHINING MOUNTAINS EVANGELICAL LUTHERAN CHURCH ANNEXATION for a system designed to remove solids, oils, grease, and other pollutants from the runoff from the public streets may be required to be provided to and approved by the City Engineer at the time of any future development. Such plan,if required,must depict the maximum sized retention/detention basin location and locate and provide easements for adequate drainage ways within the area to transport runoff to the stormwater receiving channel(s). The plan shall include site grading and elevation information, typical stormwater detention/retention basin and discharge structure details,basin sizing calculations, and stormwater maintenance plan. 11. Waiver of Right-to-Protest Special Improvement Districts A. Landowner has executed a Waiver of Right-to-Protest Creation of Special Improvement Districts (SID) for the maintenance of any parks within the annexed area and/or of a City-wide Park Maintenance District. The Landowner agrees such SID will provide a mechanism for the fair and equitable assessment of maintenance costs for such parks. The waiver is attached hereto as Exhibit"A" and is hereby incorporated in and made a part of this Agreement. B. Landowner has executed a Waiver of Right-to-Protest Creation of Special Improvement Districts for street improvements including paving, curb and gutter, sidewalk and stormwater drainage facilities for: 1) Durston Road, 2) North 25«'Avenue, 3)West Villard Street, and4)signalization improvements for the intersections of 1)Durston Road and North 27'x'Avenue. The Landowner agrees such an SID will provide a mechanism for the fair and equitable assessment of construction and maintenance costs for such improvements. The waiver is attached hereto as Exhibit `B" and is hereby incorporated in and made a part of this Agreement. Shining.Mountains Evangelical Lutheran Church_annexation.-agreement: Page 6 of 15 C. Landowner agrees that in the event an SID is not utilized for the completion of these improvements as described in subsections A and B above,the Landowner 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 12, Utility Easements The Landowner understands and agrees that utility easements,a minimum of thirty(30)feet in width,maybe necessary for the installation and maintenance of water and sewer utility services to the SHINING MOUNTAINS EVANGELICAL LUTHERAN CHURCH ANNEXATION parcel. The Landowner, at its sole expense, shall create such easements in locations and form agreeable to the City during the appropriate development procedures,but in no event later than the filing of any final plat or site plan review or issuance of a building permit on the parcel. 13. Impact Fees Landowner acknowledges that annexation and development of their property will impact the City's existing street, water and sewer infrastructure, and the City's fire service. At the time the Landowner applies for a permit to connect any existing, modified, or new structure to the city's municipal sewer service or municipal water service,the Landowner shall pay all water and sewer impact fees in accordance with and as calculated by chapter 3.24 of the Bozeman Municipal Code, as amended. At the time the Landowner applies for any of the forms of development listed in chapter 3.24 of the Bozeman Municipal Code, as amended, the Landowner shall pay such fire and street impact fees in accordance with and as calculated by chapter 3.24 of the Bozeman Municipal Code, as amended. The amount of impact fee to be paid for connection to the city's water and sewer services,if any, shall be calculated based on the provisions of the Bozeman Municipal Code, as amended, in effect at the time of application for a permit to connect. The amount of street or fire impact fees to be paid, if any, shall be calculated based on the provisions of the Bozeman Municipal Code, as amended, in effect at the time an application for development approval is deemed sufficient for review. Landowner further understands and agrees that any improvements,either on-site or off-site, necessary to provide connection of the SHINING MOUNTAINS EVANGELICAL LUTHERAN Shining Mountains Evangelical Lutheran Church Annexation,agreement: Page 7 of 15 CHURCH ANNEXATION municipal services and which arc wholly attributable to the property as determined exclusively by the city are considered "project related improvements" as defined in chapter 3.24, Bozeman Municipal Code, as amended, and as such, are not eligible for impact fee credits. If Landowner defaults 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 the Landowner and Landowner/Developer of such default, City may at their option: A) Declare the amounts owing for impact fees immediately due and payable and City shall have the right and privilege to take legal action against Landowners for the collection of such sum, including the entry of any judgment. In addition, the City may, at its option, enforce payment of such amount by levying an assessment on the premises. B) Elect any other remedy available to City under the laws of the State of Montana. 14. Annexation of Adjacent Right-of-Way In order to comply with state law requirements regarding the annexation of adjacent right-of-way,the Final Annexation Map and legal metes and bounds descriptions shall include the full width of the North 25th Avenue and West Villard Street rights-of-way adjacent to said tracts.Note that the metes and bounds descriptions for adjacent rights-of-way must be described separately from that of the parcel. The applicant is responsible for obtaining any required affidavits or signatures from the Gallatin County for annexation of county right-of-way. 15, Additional Terms 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 SHINING MOUNTAINS EVANGELICAL LUTHERAN CHURCH ANNEXATION. The parties further agree that the City may file these documents at any time. 16. 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. Shining\fountains Evangelical Lutheran Church annexation Agreement: Page 8 of 15 17. Attorney's Fees In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement,then the prevailing party shall be entitled to reasonable attorney's fees and costs, to include the salary and costs of in-house counsel including City Attorney. 18. Waiver No waiver by either party of any breach of any term,covenant,or agreement shall be deemed a waiver of the same or any subsequent breach of this same or any other term, covenant or agreement. No covenant,term or agreement shall be deemed waived by either party unless waived in writing. 19. 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. 20. Modifications or Alterations No modification or amendment of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto. 21. No Assignment It is expressly agreed that the Landowner shall not assign this Agreement in whole or in part without prior written consent of the City. 22. 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. 23. Covenants to Run with the Land The parties intend that the terms of this Agreement shall benefit the SHINING MOUNTAINS EVANGELICAL LUTHERAN CHURCH ANNEXATION and shall be covenants running with the Iand 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 and to bind themselves to this Agreement. Shining Mountains Evangehcal Lutheran Church_annexation Agreement: Page 9 of 15 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. LANDOWNER B . ante Baker, Chairman fining Mountains Evangelical Lutheran Church LANDOWNER Y: 1dp T._.4ewton, Secretary Shining Mountains Evangelical Lutheran Church STATE OF MONTANA ) ss. COUNTY OF GALLATIN ) On this 'o_day of Qvf,G� , 2012,before me, a Notary Public for the State of Montana, personally appeared Lance Baker and Jon P. Newton, known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. sgW FECO, 'FEtMER yl, / (Print Name Here) sY NOTARY PUBLIC lof the JAL * stale of moniano Notary Public for the State of Montana al esicring aI Belgrade.MT Residing at /EWgrad[. MT My CommUlon Explros January 14,2015 My Commission Expires: _rl 0!S (Use 4 digits for expiration year) Shining\Mountains Lvarigehcal Lutheran Church.annexation agreement: Page 10 of 15 CITY OF BOZEMAN Chris A. Kukulski City Manager ATTEST ANN I y + Stac Ul -,f,p C a. Clerk of y Ctrr �ia" `� i STATE OF MONTANA ) ss. COUNTY OF GALLAIN } r� On this 3_ day of Ap-1ri 1 ,2012,before me,a Notary Public for the state of Montana,personally appeared Chris A. Kukulski and Stacy Ulman, known to me to be the persons described in and who executed the foregoing instrument as City Manager and City Clerk respectively, of the City of Bozeman, whose names arc 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 my hand and affixed my Notarial Seal the day and year first above written. ,f- KISS/ (Print Name Here) Notary Public for the State of Montana P Nd► rn>L .t Residing at - My Commission xpires Ris ;�--D -Z012 y s A L < (Use 4 digits for expiration year) Qr, � `\ Shining-Mountains Evangelical Lutheran Church Annexation Agreement: Page 11 of 15 EXHIBIT A WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL PARKS MAINTENANCE DISTRICTS SHINING MOUTAINS EVANGELICAL LUTHERAN CHURCH ANNEXATION The undersigned owners of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Lots 5, 6 and 7 of Kable Subdivision, located in the Northeast One- Quarter of Section 11, T2S, RSE, PMM, Gallatin County, Montana IN CONSIDERATION of receiving approval for annexation of the subject property from the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration,the receipt of which is hereby acknowledged,and in recognition of the impacts on the City's park facilities and the need for the maintenance of municipal park areas to serve City residents,the owners have waived and do hereby waive for themselves,their successors and assigns, the right to protest the creation of one or more special parks maintenance or improvement districts for a City-wide Parks Maintenance District,or to make any written protest against the size or area or creation of the district to be assessed in response to a duly passed resolution of intention to create one or more special parks maintenance or improvement districts. In the event City-wide Parks Maintenance or Special Improvement Districts are not utilized for the City-wide park maintenance, we agree to participate in an alternate financing method for completion of said improvements on a fair share, proportionate basis as determined by square footage of the property, linear front footage of the property, taxable valuation of the property, or a combination thereof. Shining Mountains Evangelical Lutheran Church.Annexation:Agreement: Page 12 of 15 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 of the parties hereto. DATED this d-b day of yAAV_64q 12012. LANDOWNER ance Baker, Chairman S ring Mountains Evangelical Lutheran Church LANDOWNER B : J*Z. Newton, Secretary Shining ountains Evangelical Lutheran Church STATE OF MONTANA ) SS. COUNTY OF GALLATIN ) On this 26 day of ygr1c4A 2012,before me, a Notary Public for the State of Montana, personally appeared Lance Baker and Jon P. Newton, known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed myNotarial Seal the day and year first above written. arNf�dn•�! (Print N&ne Here) Notary Public for the State of Montana xE MAR NEB Residing at f4dZ t tuOWRY PMIC for the My Commission xpires: I I ?.v1 S * SEAL-* state of Morittm ReWing at Beigra�,MP (Use 4 digits for expiration year OF MY Commmlon Expiras January 14, 2015 Shining:llowitains Evangelical Lutheran Church Annexation agreement: Page 13 of 15 EXHIBIT B WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS SHINING MOUTAINS EVANGELICAL LUTHERAN CHURCH ANNEXATION The undersigned owners of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Lots 5, 6 and 7 of Kable Subdivision, located in the Northeast One- Quarter of Section 11, T2S, R5E, PMM, Gallatin County, Montana IN CONSIDERATION of receiving approval for annexation of the subject property from the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the impacts to Durston Road, North 251h Avenue and West Villard Street, which will be caused by the development of the above-described property,the owner has waived and do hereby waive for itself, its successors and assigns, the right to protest the creation of one or more special improvement districts including but not limited to the following improvements: paving,curb/gutter,sidewalk, storm drainage facilities for Durston Road, North 25t4 Avenue and West Villard Street; signalization of the intersection of Durston Road and North 27th Avenue,or to make any written protest against the size or area or creation of the district be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. In the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share,proportionate basis as determined by square footage of property,taxable valuation of the property, traffic contribution from the development or a combination thereof. Shining Mountains Evangehcal Lutheran Church annexation agreement: Page 14 of 15 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 of the parties hereto. DATED this 2,p day of6 u K41? 2012. LANDOWNER C('� /'ez 1%nce Baker, Chairman Shining Mountains Evangelical Lutheran Church LANDOWNER J*t Newton, Secretary Shining Mountains Evangelical Lutheran Church STATE OF MONTANA ) ss. COUNTY OF GALLATIN ) On this -5-4 day of ✓ , 2012, before me, a Notary Public for the State of Montana, personally appeared Lance Baker and Jon P. Newton, known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. '' Ae+r WdW)n ZeA IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. 1 11 ,'` C*!S Lp MAN FELDWR (Print Na e Here) fNOTAW PUBM for the Stag of Montana Notary Public for the State of Montana AL * Re Wing �rade,MT Residing at VA.dG f My Co ss Expires*iO January 14,2015 My Commission xpires: (Use 4 digits for expiration year) Shiaiing\fountains Evangelical Lutheran Church Annexation_agreement: Page 15 of 15