Loading...
HomeMy WebLinkAbout12- Cresent Cross Annexation Agreement Inter-office Original to: City of Bozeman 2437688 City Clerk P Cge te, 2 Mill, _Gj,114/2013 0423-34 PM Fee $147.00 121 N.Rouse Avenue tin Cownty, MT Mis� 114 11111 fil IIjjjjI 11111111 CRESENT CROSS PROPERTY SUBDIVISION ANNEXATION AGREEMENT THIS AGREEMENT made and entered into this � day of 2012, by and between the CITY OF BOZEMAN, a municipal corporation and self-governing political subdivision of the State of Montana with offices at 121 N. Rouse Avenue, Bozeman, Montana 59771- 0640, hereinafter referred to as "City", and Cresent Cross limited partnership, 5550 Blackwood Road, Bozeman MT 59718, hereinafter referred to as "Landowner". WITNESSETH: WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafter referred to as the CRESENT CROSS ANNEXATION situated in Gallatin County, Montana, and more particularly described as follows: A tract of land being Road Lot I and a portion of Lot I of Minor Subdivision No. 454 on record with the Gallatin County Clerk and Recorder, located in the West One-Half of Section 15, Township 2 South, Range 5 East, Principal Meridian Montana (P.M.M), Gallatin County, Montana being more particularly described as follows: Beginning at the northeast corner of said Lot 1, a Gaston yellow plastic cap from which the west one-quarter corner of said Section 15 bears South 11145' 12" West a distance of 2672.56 feet; thence South 001 04' 49" East a distance of 891.70 feet to a calculated position; thence South 89' 54' 58" West a distance of 488.17 feet to an Alpine aluminum cap; thence South 89' 54' 58" West a distance of 488.17 feet to an Alpine aluminum cap; thence South 001 05' 02" East a distance of 464.33 feet to an Alpine aluminum cap; Cresent Cross Annexation Agreement 1 thence North 89'° 51' 07" West a distance of 60.00 feet to a calculated position; thence North 00° 05' 02" West a distance of 1358.01 feet to a calculated position; thence South 891511 07" East a distance of 60.00 feet to an Alpine aluminum cap; thence South 89' 51' 07" East a distance of 488.23 feet to the Point of Beginning containing 11.87 acres, more or less. SUBJECT to all easements of record or apparent from a visual inspection of the property. WHEREAS, the Landowner petitioned the City for annexation to the City of said tract of land; and WHEREAS, the CRESENT CROSS ANNEXATION is not within the corporate limits of the City or other municipality and may therefore be annexed to the City in accordance with the provisions of this Agreement and Title 7, Chapter 2, Part 46, MCA; and WHEREAS, all parties recognize the annexation of the CRESENT CROSS ANNEXATION pursuant to 'Section 7-2-4601, et seq., MCA will allow the CRESENT CROSS ANNEXA"PION to connect to and utilize City services, including municipal water and sewer service, fire service, and the City's street system; and WHEREAS, Section 7-2-4610, MCA provides that a municipality and landowner can agree to the provisions of services to the area to be annexed; and WHEREAS, the parties recognize additional development on the CRESENT CROSS ANNEXATION will impact area 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 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 CRESENT CROSS ANNEXATION; and Cresent Cross Annexation Agreement 2 WHEREAS, the parties have determined that it is in the best interests of the City and Landowner, and in furtherance of the public health, safety and welfare of the community to enter into and implement this Agreement. WITNESETH: 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 CRESENT CROSS ANNEXATION with the City on August 8, 2012. By execution of this Agreement, the City manifests its intent to annex the CRESENT CROSS ANNEXATION tract pursuant to the terms and conditions of this Agreement. Subject to the provisions of Title 7, Chapter 2, Part 46, MCA the City shall, upon execution of this Agreement, adopt a Resolution of Annexation of the CRESENT CROSS ANNEXATION. Further, upon the execution of this Agreement, the Landowner shall do all things required by this Agreement and 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 CRESENT CROSS ANNEXATION, 3. Services Provided The City will, upon annexation, make available to the CRESENT CROSS ANNEXATION existing City services only to the extent currently available, or as provided in this Agreement. 4. Municipal Water Service Defined Cresent Cross Annexation Agreement 3 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 40, Article 2, Bozeman Municipal Code, as amended, as well as any other terms and conditions which apply to the City's provision of municipal water 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 CRESEN I" CROSS 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 CRESENT CROSS ANNEXATION to include, but not limited to, any impact fees, hook-up, connection, or development charges which have been or may be established by the City. 5. Municipal Sewer Service Defined The term "municipal sewer service" as is used in this Agreement shall be the service which is supplied by the City in accordance with Chapter 40, Article 3, 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 collection of sewage at and within the CRESENT CROSS 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 CRESENT CROSS 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 CRESENT CROSS ANNEXATION and also prior to all future or subsequent development on the CRESENT CROSS ANNEXATION. The Landowner and City agrees the Landowner has chosen to comply with 38.23.180 Cresent Cross Annexation Agreement 4 by deferring the need to provide water rights or cash-in-lieu payments pursuant to 38.23.180.0. As such, Landowner specifically recognizes and agrees compliance with 38.23.180.A.1 or 2 shall be required prior to the City pennitting construction of any future development on the CRESENT CROSS 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 Chapter 38, BC. In addition, the Landowner recognizes and agrees upon all future and subsequent development on the CRESENT CROSS ANNEXATION additional water rights or payment-in-lieu may be 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 CRESENT CROSS 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 connect to any city services, or prior to approval of any development authorized under Chapter 38, BMC. 7. Comprehensive Water and "Water 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 Cresent Cross Annexation Agreement 5 development of the CRESENT CROSS ANNEXATION to complete, at Landowner's expense, the necessary system improvements to serve the proposed development. 8. Future Development Limitations The Landowner shall be responsible for installing all facilities required to provide fiill municipal services to the property in accordance with the City's Infrastructure Master flans and all City regulations, policies and guidelines that may be in effect at the time of any fixture development. Thus, Landowner understands and agrees that there is no right, either granted or implied, for the Landowner to further develop any of the CRESENT CROSS 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 CRESENT CROSS 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 CRESENT CROSS 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. 9. Stormwater Master Plan Landowner understands and agrees a Stormwater Master Plan far the CRESENT CROSS 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 Cresent Cross Annexation Agreement 6 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. 10. Waiver of Right-to-Pro test Special Improvement Districts A. Landowner shall execute 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; for improvements to Cottonwood Road and Huffine Lane including curbs, gutters, and sidewalks; and for creation of a lighting district providing service to the CRESEN'I CROSS ANNEXATION. 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 agrees that in the event an SID is not utilized for the completion of these improvements as described in subsection A above, the Landowner shall 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. 11. Public Street and Utility Easement The Landowner understands and agrees that utility easements, a minimum of thirty (30) feet in width, may be necessary for the installation and maintenance of water and sewer utility services to the CRESENT CROSS 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, Cresent Cross Annexation Agreement 7 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. The Landowner understands and agrees that a public street and utility easement, or public road dedication, providing for 60' of right-of-way on the east side of the Section Line shall be provided for Cottonwood road, which is one-half of the principal arterial standard of the current Bozeman Transportation Plan, shall be provided prior to or at the time the CRESENT CROSS ANNEXATION AGREEMENT is signed and returned to the City. 12. 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. The land owners and their successors shall pay all fire, street, water and sewer impact fees at the time of connection; and for feature development, as required by Chapter 2, Bozeman Municipal Code, or as amended at the time of application for any permit listed therein. 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 CRESENT CROSS ANNEXATION municipal services and which are wholly attributable to the property as determined exclusively by the city are considered Cresent Cross Annexation Agreement 8 "project related improvements" as defined in Chapter 2, Article 6, Division 9, 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. 13, Payback Aareement The Landowner is advised that a request for a payback for improvements beneficial to the property installed by prior developers has been received by the City. No decision on the request has been made at this time. Costs from the payback may be due with future development of the property. 14. Additional Terms The parties recognize these documents shall be filed and of record with the Gallatin County Clerk and Recorder prior to the sale of any land with the CRESENT CROSS ANNEXATION. The parties further agree that the City may file these documents at any time. 14. Governing Law and Venue Cresent Cross Annexation Agreement 9 This agreement shall be construed under and governed by the laws of the state of Montana. In the event of litigation, venue is in the Eighteenth Judicial District Court, in and for County of Gallatin, State of Montana. 15. Attorney's Fees In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement, then the prevailing party shall be entitled to reasonable attorney's fees and costs, to include the salary and costs of in-house counsel including City Attorney, 1.6. Waiver No waiver by either party of any breach of any terra, 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, terra or agreement shall be deemed waived by either party unless waived in writing. 17. Invalid Provision The invalidity or unenforceability of any provision of this agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted, 18. Modifications or Alterations No modifications or amendment of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto. 19. No Assinment It is expressly agreed that the Landowner and/or Landowner/Developer shall not assign this Agreement in whole or in part without prior written consent of the City. Cresent Cross Annexation Agreement 1.0 20. Successors This Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties hereto and their respective heirs, successors and assigns and specifically to any subsequent purchaser of the annexed property. 21. Covenants to Run with the Land The parties intend that the terms of this Agreement shall benefit the CRESENT CROSS ANNEXATION and shall be covenants running with the land and shall not expire at their deaths or upon transfer of ownership of the property. The undersigned Landowner affirms that they have authority to enter into this Agreement and to bind themselves to this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. LANDOWNER f By: STATE OF ��^^ :s COUNTY OF C-70e I-r`►,w, s On this 71- day of 6 , q' a✓� , 2012, before me, the undersigned, a Notary Public cz- for the State of 4'Y ,,�.t ,personally appeared tit-1 La . known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same for and on behalf of the Cresent Cross Limited Partnership. Cresent Cross Annexation Agreement 11 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL)w ,rG,iii a CM 0 0 �L es Chris E�uaes (Printed Name Here) Notary Pubic ofinA, � for the sta of Montana ' Notary Public for the State of rq-tT 1q A Residing at: �'� �•A Bcszeman, Montana Residing at 1 +.�' - 4 y commission Expires: My Commission Expires: L �'" November 26, 20316' � (Use 4 digits for expiration year) Cresent Cross Annexation Agreement 12 CITY OF BOZEMAN By: Chris A. kukulski, City Manager ATTEST: 4 rt w' r City Cl rk STATE OF Mar TAN ) :ss COUNTY OF GALLATIN ) On this I k day of " , 2011X, before me, a Notary Public for the state of Montana, personally appeared C is Kukulski and Stacy Ulmen, 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 my hand and affixed my official seal the day and year first above written. (SEAL) (Pri ted Name Here) Notary Public for the State of Montana Residing at My Commission Expires: 1,2 - -'I- _ (Use 4 digits for expiration year) UNN.C.yy AIMEE BRUNC NQRST f vi4w ,oy NOTARY PUBLIC for the -� State of Montana *= Residing at Belgrade,Montana. u'4 g nYakCnisS�f`r:i pins Cresent Cross Annexation Agreement 13 EXHIBIT "A" WAIVER OF RIGHT-TO-PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICT FOR A CITY-WIDE PARK MAINTENANCE DISTRICT CRESENT CROSS ANNEXATION The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows; A tract of land being Road Lot 1 and a portion of Lot 1 of Minor Subdivision No. 454 on record with the Gallatin County Clerk and Recorder, located in the West One-Half of Section 15,Township 2 South, Range 5 East, Principal Meridian Montana (P.M.M), Gallatin County, Montana being more particularly described as follows: Beginning at the northeast corner of said Lot 1, a Gaston yellow plastic cap from which the west one-quarter corner of said Section 15 bears South 11" 45' 12" West a distance of:2672.56 feet; thence South 0�0° 04' 49" East a distance of 891.70 feet to a calculated position; thence South 89° 54' 58" West a distance of 488.17 feet to an Alpine aluminum cap; thence South 89° 54' 58" West a distance of 488.17 feet to an Alpine aluminum cap; thence South 00° 05" 02" East a distance of 464.33 feet to an Alpine aluminum cap; thence North 89° 51' 07" West a distance of 60.00 feet to a calculated position; thence North 00° 05' 02" West a distance of 1358.01 feet to a calculated position, thence South 89° 51' 07" East a distance of 60.00 feet to an Alpine aluminum cap; thence South 89° 51' 07" East a distance of 488.23 feet to the Point of Beginning containing 11.87 acres, more or less. SUBJECT to all easements of record or apparent from a visual inspection of the property. IN CONSIDERATION of receiving approval for annexation of the subject property from the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the impact to City parks which will be caused by the development of the above-described property, the Landowner has waived and does hereby waive for itself, its successors and assigns forever the right to protest the creation of one or more special improvement districts for maintenance of any parks within the annexed Cresent Cross Annexation Agreement 14 area and/or of a City-wide Park Maintenance District, which would provide a mechanism for the fair and equitable assessment of maintenance costs for City parks, or to make any written protest against the size or area or creation of the district be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. This waiver is made for the benefit of the property described above and shall be a covenant running with the land. The terms, covenants and provisions of this waiver shall extend to, and be binding upon the successors-in-interest and assigns of the Landowner. DATED this day of Lc- N , 2012. Cresent Cross Annexation Agreement 15 LAND0�1F.R By: STATE OF g ot'0,4,j� } :ss COUNTY OF On this -7 — day of " , 2012, before me, the undersigned, a Notary Public for the State ofr A•► , personally appeared jc--, known to me to be the person whose name is subscribed to the within instrument'and acknowledged to me that he executed the same for and on behalf of the Cresent Cross Limited Partnership. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Naotry U 7�.IC C l I" Rr1 � 6" t /It for the state of nriart (Printed Name Here) Residing at: Notary ubl' for the State of 11 .SEAL Bozeman, Montana y gd1vt�.'Y�'1 qty Cemmissicn Expires: ReSlding at November s, 1 My Commission Expireswp6 {Use 4 digits for expiration year} Cresent Cross Annexation Agreement 16 EXHIBIT "B" WAIVER OF RIGHT-TO-PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICT FOR A LIGHTING DISTRICT CRESENT CROSS ANNEXATION The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: A tract of land being Road Lot 1 and a portion of Lot 1 of Minor Subdivision No. 454 on record with the Gallatin County Clerk and Recorder, located in the"West One-Half of Section 15, Township 2 South, Range 5 East, Principal Meridian Montana (P.M.M), Gallatin County, Montana being more particularly described as follows: Beginning at the northeast corner of said Lot 1, a Gaston yellow plastic cap from which the west one-quarter corner of said Section 15 bears South 11145' 12" West a distance of 2672.56 feet; thence South 00° 04" 49" East a distance of 891.70 feet to a calculated position; thence South 89° 54' 58" West a distance of 488.17 feet to an Alpine aluminum cap; thence South 89° 54' 58" 'West a distance of 488.1.7 feet to an Alpine aluminum cap; thence South 00° 05' 02" East a distance of 464.33 feet to an Alpine aluminum cap; thence North 89° 51' 07" 'West a distance of 60.00 feet to a calculated position; thence North 00° 05' 02" West a distance of 1358.01 feet to a calculated position; thence South 89' 51' 07" East a distance of 60.00 feet to an Alpine aluminum cap; thence South 89° 51' 07" East a distance of 488.23 feet to the Point of Beginning containing 11.87 acres, more or less. SUBJECT to all casements of record or apparent from a visual inspection of the property. IN CONSIDERATION of receiving approval for annexation of the subject property from the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the impact to City parks which will be caused by the development of the above-described property, the Landowner has waived and does hereby waive for itself, its successors and assigns forever the right to protest the creation of one or more special improvement districts for provision of street lighting within the Cresent Cross Annexation Agreement 17 annexed area which would provide a mechanism for the fair and equitable assessment of maintenance costs for lighting, 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 lighting districts which would include the above-described property. This waiver is made for the benefit of the property described above and shall be a covenant running with the land. The terms, covenants and provisions of this waiver shall extend to, and be binding upon the successors-in-interest and assigns of the Landowner. DATED this ' day of QL4:--P�t�b-_ , 2012. LANDOW ER _/4t_� By: ZO�L STATE OF _ 6#'( 4 h,k ) :ss COUNTY OFt On this�j+" day of C y­e( E7 , 2012, be re e, the undersigned, a Notary Public for the State of c,LAX , personally appeared ,� «� , known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same for and on behalf of the Cresent Cross Limited Partnership. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ....._..�_ SEAL....: ... _ ��- Chris Budeski Notary Public (Printed Nance Here) �y,C3IAR� q< ,for the State of Montana . 1 a Residing at: Notary Public for the State of J k v i Bozeman, Montana I My Gommission Expires: Residing at November 25, 2015 Nly Commission Expires: 6 � (Use 4 digits for expiration year) Cresent Cross Annexation Agreement 18 EXHIBIT "C" WAIVER OF RIGHT-TO-PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICT FOR STREET IMPROVEMENTS CRESENT CROSS ANNEXATION The undersigned owner of the real property situated in the County of Gallatin, 'State of Montana, and more particularly described as follows: A tract of land being Road Lot 1 and a portion of Lot 1 of Minor Subdivision No. 454 on record with the Gallatin County Clerk and Recorder, located in the West One-Half of Section 15, Township 2 South, Range 5 East, Principal Meridian Montana (P.M.M), Gallatin County, Montana being more particularly described as follows: Beginning at the northeast corner of said Lot 1, a Gaston yellow plastic cap from which the west one-quarter corner of said Section 15 bears South 11' 45" 12" West a distance of 2672.56 feet; thence South 00° 04' 49" East a distance of 891.70 feet to a calculated position; thence South 89° 54' 58" West a distance of 488.17 feet to an Alpine aluminum cap; thence South 89° 54' 58" West a distance of 488.17 feet to an Alpine aluminum cap; thence South 00105' 02" East a distance of 464.33 feet to an .alpine aluminum cap; thence North 89° 51' 07" West a distance of 60.00 feet to a calculated position;. thence North 00105' 02" West a distance of 1358.01 feet to a calculated position; thence South 89° 51' 07" East a distance of 60.00 feet to an Alpine aluminum cap; thence South 89° 51' 07" East a distance of 488.23 feet to the Point of Beginning containing 11.87 acres, more or less. SUBJECT to all easements of record or apparent from a visual inspection of the property. 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 the transportation system which will be caused by the development of the above-described property, the Landowner has waived and does hereby waive for itself, its successors and assigns forever the right to Cresent Cross Annexation Agreement 19 protest the creation of one or more special improvement districts for installation of curbs, gutters, and sidewalks along Cottonwood Road and Huffine Lane, or to make any written protest against the size or area or creation of the district be assessed in response to a duty passed resolution of intention to create one or more special improvement districts which would include the above-described property. This waiver is made for the benefit of the property described above and shall be a covenant running with the land. The terms, covenants and provisions of this waiver shall extend to, and be binding upon the successors-in-interest and assigns of the Landowner. DATED this-7—day of _' 2012. Cresent Cross Annexation Agreement 20 LAND©WNER By: STATE OF—Mbn fi4AA ) :ss COUNTY OF �_C-Z On this day of� , 2012, before .me, the unlersip; d, a Notary Public for the State of r7' "-jar a , personally appeared � vu reknown to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same for and on behalf of the Cresent Cross Limited Partnership. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the day and year first above written. � �EAL) Chris �3udeski ^z s Notary Public a snrarq�, rear,the.State et Mentana (G44 kt 5 �5,A-b 65 iV / * -- Ras ding at: (Printed Name Here) SF e` eozeman, Montana My Commission Expires Notary Public for the State of ,� November 26, 2415 Residing at ° r �t°uC.� C?• �J Nt C, My Commission Expires:�ue,4� (Use 4 digits for expiration year) Cresent Cross Annexation Agreement 21