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HomeMy WebLinkAbout05- Manley Rd / Bozeman Building Traditions Annexation .". , MANLEY ROAD IBOZEMAN BUILDING TRADITIONS ANNEXATION AGREEMENT THIS AGREEMENT is made and entered into this 19th day of , 2005, by December and between the CITY OF BOZEMAN, a municipal corporation and political subdivision of the State of Montana, with offices at 411 East Main Street, Bozeman, Montana, and mailing address at P.o. Box 1230, Bozeman, Montana, 59771-1230, hereinafter referred to as "City," and Bozeman Building Traditions, P.O. Box 4480, Bozeman, Montana 59772, hereinafter referred to as "Landowner." WITNESSETH: WHEREAS, the Landowner is owner in fee of tracts of certain real property, hereinafter referred to as the "MANLEY ROAD ANNEXATION," situated in Gallatin County, Montana, and more particularly described as follows: a: ..... lC en....,:.: -~~ ---10 .,.0: .... ~ ~ uaJ N_N m- N_N 11.- iiiiiiiii g -. -aJ :: iiiiiiiii =u -en _E =1- ~E iiiiiiiii 0 =u - _I: -.... -- -. -.... -.... -- -0 _I -- _0 =1: -. -> iiiiiiiiiiiiiii >- -~ -. !!!!!!!!!!!!!!! .c; -In That part of the SW% of Section 31, TIS, R6E, PMM, Gallatin County, Montana, described as follows: commencing at the W% comer of said Section 31; thence southerly 1770 45' 52", assumed azimuth from north, 299.9 feet along the west line of the SW% of said Section 31, to the point ' of?eginnh 3ing99 802ftfihe prohPerty to bethdelscrli7b7eod4; t7~e3n5~,e e~sterlhY 02807000406'fi48" Gl-1 ::.;.~._."'.,_ aZlmut . eet; t ence sou er y aZlmut. eet; \ ~:l= , ;,:: thence westerly 2670 46' 48" azimuth 399.71 feet; thence northerly 3570 45' I .," \ 52" azimuth 200.00 along said west line to the point of beginning. \ ':21 I . WHEREAS, the Landowner has petitioned the City for annexation of the contiguous tracts; an~'V WHEREAS, the MANLEY ROAD 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 Tide 7, Chapter 2, Part 43; and WHEREAS, all parties recognize that the annexation of the MANLEY ROAD ANNEXATION pursuant to Section 7-2-4301, et seq., MCA, will entide the said property to City services, including municipal water and sewer service, upon their availability; and WHEREAS, MCA Section 7-2-4305 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 MANLEY ROAD ANNEXATION; and WHEREAS, all parties recognize that the development of the MANLEY ROAD ANNEXATION will impact Manley Road and will require additional public street improvements; and WHEREAS, the Landowner fmds that this Agreement will provide for the most satisfactory and dependable water supply or service available to furnish water and provide traffic circulation for I MANLEY ROAD ANNEXATION, #A-04016 development near and within the MANLEY ROAD ANNEXATION; and WHEREAS, the making and performance of this Agreement is desirable to promote the development of the 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 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 flied an application for annexation of the MANLEY ROAD ANNEXATION with the City on October 28,2004. The City, on January 18,2005, adopted Resolution ofIntent to Annex No. 3702 for the MANLEY ROAD ANNEXATION. By execution of this Agreement, the City has manifested its intention to annex the MANLEY ROAD ANNEXATION tract pursuant to the terms and conditions of this Agreement. Subject to the provisions of Tide 7, Chapter 2, Part 43, the City shall, upon execution of this Agreement, adopt a Resolution of Annexation of the MANLEY ROAD ANNEXATION to the City. 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 effectuate the annexation of the MANLEY ROAD ANNEXATION tracts to the City. 3. Services Provided The City will, upon annexation, make available only existing City services to the extent currendy available, including municipal water service, municipal sewer service, police protection, and fire protection, to the MANLEY ROAD 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 of this 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 MANLEY ROAD ANNEXATION. Nothing in this I MANLEY ROAD ANNEXATION, #A.04016 ,... ! OJ.,...:: ,...-- 'liaI' _ ID "'-0: .... iN ~ N.re .- N..iN 0._ Z _. -CD .- - g ... _IE: -.... _IE: D U - .5 ... -.. -.... .. -0 I -- ~ -- -> >- -- -..... .. _L -'" 2 I 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 MANLEY ROAD ANNEXATION to include, but not limited to, any impact fees, hook-up, connection, or development charges which may be established by the City. Upon annexation and upon availability of service, the existing residence on the property must be connected to City water. Any wells presently used for domestic purpose can be retained for irrigation only with no physical connection to domestic water piping. 5. Municipal Sewer Service Defined The term "municipal sewer service" as is used in this Agreement shall be the service which is supplied by the 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 of this service. The term does not contemplate the extension of lines or construction of necessary improvements at any cost to the City for collection of sewage at and within the MANLEY ROAD 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 MANLEY ROAD ANNEXATION to include, but not limited to, any impact fees, hookup, connection, or development charges which may be established by the City. Upon annexation and upon availability of service, the existing residence on the property must be connected to City sewer utilities. The existing on-site treatment systems must be properly abandoned and certification provided the abandonment occurred. 6. Water Rights 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 fully developed. The fee may be used to acquire water rights or for improvements to the water system which would create additional water supply capacity. Except, however, that for any annexation in excess of ten (10) acres, this policy shall be carried out prior to final plat approval of each development phase. -Section 2, No.5, Commission Resolution 3137, Adopted August 19, 1996 The MANLEY ROAD ANNEXATION consists of approximately 1.8 acres (exclusive of adjacent right-of-way). The Landowner understands and agrees that they must provide sufficient water rights in accordance with the City's policy according to the following schedule: MANLEY ROAD ANNEXATION, consisting of a total of 1.8 acres, shall provide water rights or cash-in-lieu in the amount oU to the City of Bozeman, at the time the Annexation Agreement is submitted. I MANLEY ROAD ANNEXATION, #A-04016 3 ,.... is m....~ --- --10 'Il;f' 0 g .... ... ~ N.~ 1lII.... N"N Q.- _lSl _lSl - -III =- =- u -'" _E -~ _0 =u - !!!!!!!!!!!!!!! .5 ; .... -. -<I> -, -- _0 =1: ~ ). - =.... iiiiiiiiiiiii .. !!!!!!!!!!!!!!! s::. _I/) 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 of the zoning designation and/ or City-approved development for the property at the time such calculation is made. 7. Comprehensive Water and Sewer Design Report Prior to development of the subject annexation, the applicant's engineer will be required to prepare a comprehensive design report evaluating the existing capacity of both the water and sewer utilities. The report must include hydraulic evaluations of each utility for both existing and post development demands. The report findings must demonstrate that adequate capacity is available to serve full development of the annexation area. If adequate water and/ or sewer capacity is not available for the full development, the report must identify the water and sewer system improvements required to provide the necessary capacity. Any improvements necessary to serve the full development must be in place prior to further development of the site. The Landowner agrees to complete at Landowner's expense, the necessary system improvements to serve the full development. 8. Future Development and/or Subdivision Landowner understands and agrees that there is no right, either granted or implied by the City, for the Landowner to develop any of the MANLEY ROAD ANNEXATION until it is verified by the City that necessary municipal services, including but not limited to police and fire protection, are available to all or a portion of the MANLEY ROAD ANNEXATION. The Landowner is hereby on notice of the following requirements upon further development or subdivision of the MANLEY ROAD ANNEXATION: a) The annexation agreement shall include 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. b) The Montana Department offish, Wildlife and Parks shall be contacted by the Applicant regarding any proposed ditch/stream relocation and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to Final Site Plan/Subdivision approval. c) Prior to any development of the subject annexation, a stormwater drainage and grading plan shall be provided to and approved by the City Engineer. The plan must demonstrate that adequate treatment of mnoff from the public streets and all future lots will be achieved by providing spot elevations, flow direction arrows, detention and/ or retention basin details (including basin sizing calculations and basin typical sections), oudet structure details, and culvert capacity calculations. The plan must also locate and provide easements for adequate drainage ways within the annexation area to transport treated mnoff to the stormwater receiving channel. d) Prior to any development of the subject annexation, the new street shall be constructed to follow the City of Bozeman Local Street Standards with a 31 foot (back of curb to back of curb) width. However, sidewalk will only need to be constructed on the North side of the IMANLEYROADANNEXATION,#A~04016 4 I ...... ~ 01....;: s:: :: ..o~ .... .... ~ ..~ N:_ N:~ _Go _Go _. -.., ---::: --- --- - =u -III _E =1- ~E ___ 0 =u - ~.5 ---. -::: =- -0 _I -- -~ ~ >- -. =- ---~ L _III Street because the streets close proximity to the East Gallatin Rec. Area. e) A public access easement of 60 feet will be required for the construction of the new street. f) Plans and specifications for any water, sewer and/or storm sewer main extensions, and Public or Private Streets (including curb, gutter & sidewalks) prepared by a Professional Engineer (PE) shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall also provide Professional Engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Specific comments regarding the existing and proposed infrastructure shall be provided at that time. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted. No building permits will be issued prior to City acceptance of the infrastructure improvements. g) In the event the property contained within the annexation is subdivided, the property shall be subdivided into five (5) parcels complying with R-l zoning prior to any development. No further subdivision shall be allowed. No more than five (5) dwelling units shall be allowed within the annexation and this restriction shall be noted on the subdivision plat. 9. Impact Fees The Landowners hereby acknowledge that annexation and development of their property will impact the City's existing street, water, and sewer infrastructure, and fire service requirements. There is one existing residence on the property. At the time of annexation, the landowners shall pay all street and fire impact fees that are attributable for the existing residence. 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 residence. 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. If the impact fees currently imposed pursuant to Chapter 3.24 of the Bozeman Municipal Code are subsequently voided or declared invalid by a court of competent jurisdiction, Landowners agree to pay the City fees or assessments established by the City for impact on City services in accordance with a new or revised Chapter of the Bozeman Municipal Code lawfully enacted as a result of such court decision after the date of the court decision. If, prior to enactment of such revised Chapter, the Landowner applies for any permit which actuates or would have actuated impact fees pursuant to the current Chapter 3.24 of the Bozeman Municipal Code, the Landowner further agrees to pay at that time, the amount calculated for all such fees based upon the rates established at the date of this agreement. If the Court above declares Chapter 3.24 of the Bozeman Municipal Code invalid, and if landowner would have been entitled to a refund under the court's decision but were it not for the sole fact of the landowner paying impact fees because of this agreement, then all such impact fees paid prior to the I MANLEY ROAD ANNEXATION, #A.04016 5 ,.... is m....~ ...-- ~-ID ~oZ .... ID ~ N.~ a_ N_N 0.._ _lSJ _lSJ _. -CD - iiiiiiiiiiiiiii - - - - u -C/I ... _E I- _E o U - _I:;; -- iiiiiiiiiiiiiii .. ,.... -.... - -0 -, -. _0 r: -- -> :>- . .... .... -. _,t:; _C/I court's decision shall be held in escrow until a revised Chapter of the Code is enacted after the Court's decision. At the time the revised code is enacted, then all such fees held in escrow shall be released to the city and the balance, if any, returned to the landowner. All accumulated interest on the sum held in escrow shall be released to the City or landowner on the same percentage as the money released to either party bears to the total sum held in escrow. Landowners further understand and agree that any improvements, either on- or off-site, necessary to provide connection of MANLEY ROAD ANNEXATION to municipal services which are wholly attributable to the property are "project related improvements" as deftned in Chapter 3.24, Bozeman Municipal Code, or as amended, and as such, are not eligible for impact fee credits. If Landowners 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 Landowners 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. c) Any waiver by City of any default shall not be construed as a waiver of any subsequent default. d) It is agreed that it shall be no defense to the enforcement of this provision by the 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 specifted amounts, or prohibiting any such payment, landowner will pay such amount as specifted above. 10. Stonnwater Master Plan Landowner understands and agrees that prior to development of the MANLEY ROAD ANNEXATION, a stormwater drainage and grading plan shall be provided to and approved by the City Engineer. The plan must demonstrate that adequate treatment of runoff from the public streets and all future lots will be achieved by providing spot elevations, flow direction arrows, detention and/or retention basin details (including basin sizing calculations and basin typical sections), outlet structure details, and culvert capacity calculations. The plan must also locate and provide easements for adequate drainage ways within the annexation area to transport treated runoff to the stormwater receiving channel. The plan shall also include a stormwater maintenance plan. I MANLEY ROAD ANNEXATION, #A-04016 ~ a: .- IS m.....:.: --- -_In .... 0 ~ .... OIl ~ N.~ .- N_N 0.- _IS _IS _. -QI - iiiiiiiii - iiiiiiiii - =u -In .... _E I- -E _0 U -I: -- .- - - =. -0 _I -. _0 I: -- -> >- -. =- - -. -~ -In 6 I 11. Traffic Analysis Report If required by the Engineering Department, the landowner shall provide a detailed Traffic Analysis Report(s) at the time of future development of any portion of the annexed property. 12. Waiver of Right-to-Protest Special Improvement Districts Landowner has executed a Waiver of Right-to-Protest Creation of Special Improvement Districts for street improvements, including but not limited to: paving, curb, gutter, sidewalk, and storm drainage improvements to Manley Road; and have further executed a Waiver of Right-to-Protest Creation of Special Parks Maintenance Districts. Said Waivers are attached hereto as Exhibits A and B. 13. Right-of-Way Easement for Future Roadways Landowner has dedicated, by written easement, the following land to the City of Bozeman, which represents the Landowner's proportionate share of the necessary right-of-way: a. The applicants shall submit an easement for 15 additional feet of right-of-way along Manley Road. Manley Road is designated as a Future Collector and requires 90 feet of Right of Way. Said easements will be flied with the Gallatin County Clerk and Recorder at the time this Annexation Agreement is filed. 14. Utility Easements Landowner understands and agrees that utility easements, a minimum of30 feet in width, will be necessary for the installation and maintenance of water and sewer utility services to the annexed parcel. The Landowner shall create such easements in locations agreeable to the City during the appropriate development procedure, but in no event later than the ftling of any final plat or site plan or issuance of a building permit on any of the parcels. 15. Ditch Easements Landowner understands and agrees that if the onsite ditch is used as an agricultural water user facility or for some other purpose including overflow or drainage, appropriate easements shall be filed prior to annexation in accordance with Section 18.42.060 "Easements." 16. Wetlands Landowner understands and agrees that, prior to annexation, boundary determinations shall be prepared for all wetlands on the property to be annexed in accordance with Section 18.56.050 "Wetlands Mapping." 17. Additional Terms of Waivers The parties recognize that these documents shall be flied and of record with the Gallatin County Clerk and Recorder prior to the sale of any land within the MANLEY ROAD ANNEXATION. The parties further agree that the City may ftle these documents at any time. I MANLEY ROAD ANNEXATION, #A-04016 7 I ,..... ! m...:.:. -.-.- --In .,0: .... r- ~ NnCD .N .- N_N 0..__ _6 _6 _. -CD -.- -.- iiiiiiiiiii - =0 -In -.... ===E =... ~E iiiiiiiiiii 0 =0 - _c -'" -.. -. -... ~. -0 _I -. _0 =C -- -> iiiiiiiiiii :>- -. = -. _s::. _In 18. 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. 19. 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 en tided to reasonable attorney's fees and costs, to include the salary and costs of in-house counsel including City Attorney. 20. 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. 21. 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. 22. Modifications or Alterations No modification or amendment of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto. 23. 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. 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. I MANLEY ROAD ANNEXATION, #A-04016 ,.... ~ m...:: ~-- ......... II) ~og .... GI ~ N.g: N:j;;j 0.._ _0 _0 -- =!.! - - - - =u -II) _E -k _0 -u ~ iiiiiiiiiiiiiii .. ==== =- -'" -, -- _0 =1: ~~ ~ - .... .... ~1! -II) 8 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year ftrst above written. co~ Edward C. Adamson Bozeman Building Traditions STATE OF MONTANA ) ss. County of Gallatin ) On this "') 31VJ day of vY1~ ' 2005, before me, the undersigned, a Notary Public for the State ofMontana~sonally appeared Edward C. Adamson. known to me to be the president of Bozeman Building Traditions, the corporation that executed the within instrument, and acknowledged to me that he executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and afftxed my Notarial Seal the day and year ftrst above written. c/~~~ dA#l.(fi:r () ~NameHere) Notary Public or the State of Montana Residing at My Commission Expires: At:; .;ttJ~tJ()7 (U se 4 digits for expiration year) , . 'i I i I ~ \ i I ~ j l t I .I . I , \ ~~"'" ,. \t. ' .-'" , ,.:-,. i '1\0. ~.... ...;:,V\~, ~ ....... ...~-f-~,.. $ t~. ~..~.--:c~,RJ.A<.... ~"~.,-: ~, ~ ~ .... i.~.dt 11), \~i~' ~, -""t' . .' . ~. : ,. '&; ; ,~ I ; (') r.:- "\ L: ,~. . --~Ut~ ""-.u.- :~; f -1,'..1. .V.l......,t ~ ...... ~ ~-:..,.." *.,. .- ~.:: '~J;:"~. ... .-- "," .$ "{: /';:.. ...... ..."t,,~.... ~"',;.:"c:;.,..,w.",..,...t.:u..t"""""",,f'5'~/;"""""",~,,,,, " '., t) F H. \11"" . flU,."..",,' I MANLEY ROAD ANNEXATION, #A-04016 ,.... :8 m.....;.: S:: ~ol!iil .... 01 ~ N.~ .- N:~ _a _a ~..; _:::: ~ iiiiiiiiiii - =u -en _E =1- =lI: iiiiiiiiiii 0 =u - _c -.... -.. -. iiiiiiiiiii = =. -.., -, -. _0 =c -" -;> iiiiiiiiiii :0- -. =.... iiiiiiiiiii .. !!!!!!!!!!!!!!! r. _en 9 I CITY OF BOZEMAN . .~ """-: ATTEST: ~^,' C1erkJlf1ire~~-~td~sii;lu , "~.') 4.1~,';.."<'~ ....:_ \..,.:...----;' \' '... '\..,,11; I"! ':l -' ''I STArif.~fl~~i\~A ) J I J t, "i ... County of Gallatin ) ss, On this 19th day of Decemb~r :ttvu' ~<f.051. befor~ me, a Notary Public for the state of Montana, personally appeared @ffriS'k~isMand Roi5m Sullivan, known to me to the persons described in and who executed the foregoing instrumenl\fsycIij Manager and Clerk of the Ci1;y 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year fIrst above written, ;' . ;;;.-. ... (Seal) ........., .;.~;.:..;l~ ~",.., 110 ", <' i:':' v;" /" ". ,--' "',( f '\:\..;j 7 ~ -:0 " /",',: \.: ?,.("I"I ~ '; 'I);; h: f ~ ' \ ,,';:' "',' t...-. " .... ;: - ~ c. .... \. ,." ~() .~~, "'J..." .... '" ......-c"" '>'J,,~.t.( ~ LffY'~~/~ ell ,r tinted Name Here) Notary Public for the tate of Montana Residing at ~ My Commission Expires: 3/2..1:} /2no7 (Use 4 digits for expiration year) I , 1\"" IMANLEY ROAD ANNEXATION, #A-04016 a: ...... :g en:! .,:..: 9'0: .;to: .... ~ ~ N_fil 1II- N:~ ~: -. ==-;! ... -~ ---- E ~ _0 -u c: -- .. - -; " -, -- _0 =5 :::- ! ~. -~ 101 " EXHIBIT A WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS MANLEY ROAD ANNEXATION The undersigned owners of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: That part of the SW% of Section 31, T1S, R6E, PMM, Gallatin County, Montana, described as follows: commencing at the W% comer of said Section 31; thence southerly 1770 45' 52", assumed azimuth from north, 299.9 feet along the west line of the SW% of said Section 31, to the point of beginning of the property to be described; thence easterly 0870 46' 48" azimuth 399.82 feet; thence southerly 1770 47' 35" azimuth 200.00 feet; thence westerly 2670 46' 48" azimuth 399.71 feet; thence northerly 3570 45' 52" azimuth 200.00 along said west line to the point of beginning. IN CONSID ERA TI ON 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 Manley Road, 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, and storm drainage improvements, 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 the Special Improvement Districts are not utilized, we agree to participate in an alternate financing method for completion of said improvements on a fair share, proportionate basis as determined by square footage of the property, linear front footage of the property, taxable valuation of the property, or a combination thereof. This waiver shall be a covenant running with the land and shall not expire with the dissolution of the limited partnership, provided however this waiver shall apply to the lands herein described. IMANLEY ROAD ANNEXATION, #A-04016 a: ,... :g 01""" Sa:; ~-3 .... - ~ Niig: m- N:~ _lSl _lSl - -CD ==::: == iiiiiiiiiiiiiii - =u -'" -... ==E =1- ~E iiiiiiiiiiiiiii 0 =u - -= -B -- =. -Clt -- -. _0 =c _t: iiiiiiiiiiiiiii >- -. =- -.... -1 -'" III " The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the successors-in-interest and assigns of the parties hereto. DATEDthi~tYOf /flf!.aCj/f STATE OF MONTANA ) ss. ,2005. ward C. Adamson Bozeman Building Traditions County of Gallatin ) On this;( l~ day of yY'J ~ , 2005, before me, the undersigned, a Notary Public for the State of Mon~ personally appeared Edward C. Adamson. known to me to be the president of Bozeman Building Traditions, the corporation that executed the within instrument, and acknowledged to me that he executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and afftxed my Notarial Seal the day and year fIrst above written. ; I~~' > ~ i' "..' ,',.. ~', ,.,,!. ('",1\ \<.'{S,enJ) .":<~ it'-l . .......~;- :''''i' ;. /.'~i. '..'. A ."'iJ ~-". '1:. ~;~tt..~~1 "I..t .....:t \ ~. ,~v'..I..l. ". '. ' (. .......:;; . .: t .. \\ ..~.....-= ~. ~l~S fA 'l ;~ F.. ~~ . : ~ ~ y r. .""'''It :.:~ .";"~ ~:"... ... ,... ~ .........,c- ." -,. ,'. a-" ....-;; ~ ":,"" A ..'f.....,.\~',*='-... .."...' . "'1 vF f' 0 . .," 'If''''Ut I.(~; t \ ~\\\\...~ I MANLEY ROAD ANNEXATION, #A-04016 ~ ~-.l &M~ ,TC me Here) Notary PUb/!;,or the State of Montana Residing at n2~JII1AN' ,y} r My Commission Expirestt.s-.';?L)...,;2M'" (Use 4 digits for expiration year) a: ..... :g O):!':: cg-a: "'N~ .... ~ ~ NI~ N:~ _Go _Go !!!!!!!!!!!!!!! ai -~ -~ iiiiiiiii - --- - =u -CIJ _E =0- =E ~o =u - !!!!!!!!!!!!!!! !; -B -- =. -ell _I -- _0 =1: !!!!!!!!!!!!!!! ~ -~ =- iiiiiiiii .. !!!!!!!!!!!!!!! L _CIJ 121 ~ " EXHIBIT B WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL PARKS MAINTENANCE DISTRICTS MANLEY ROAD ANNEXATION The undersigned owners of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: That part of the SW1f4 of Section 31, T1S, R6E, PMM, Gallatin County, Montana, described as follows: commencing at the W1f4 corner of said Section 31; thence southerly 1770 45' 52", assumed azimuth from north, 299.9 feet along the west line of the SW1f4 of said Section 31, to the point of beginning of the property to be described; thence easterly 0870 46' 48" azimuth 399.82 feet; thence southerly 1770 47' 35" azimuth 200.00 feet; thence westerly 2670 46' 48" azimuth 399.71 feet; thence northerly 357045' 52" azimuth 200.00 along said west line to the point of beginning. 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 ate 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. This waiver shall be a covenant running with the land and shall not expire with the dissolution of the limited partnership, provided however this waiver shall apply to the lands herein described. I MANLEY ROAD ANNEXATION, #A-04016 ...... ~ ....;t- .. ..,. ..... - Sa; 'f'C'Je .... - ~ N.~ .- N"N 0.- _1Sl _lSl -. -CD -:: = iiiiiiiiii - =u -'" _E =1- =E iiiiiiiiii 0 =u - _c -..... iiiiiiiiii .. -..... -..... == " -0 _I -- _0 =li ~:> ~:>o -~ 1 -'" 131 ..(.. .. .. 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. ,'1 f~_ DATED this A laay of ('I\\~ fr\. ,2005. son Bozeman Building Traditions STATE OF MONTANA ) ss. County of Gallatin ) On this .:1W day of , 2005, before me, the undersigned, a Notary Public for the State of Montan , personally appeared Edward C. Adamson, known to me to be the president of Bozeman Building Traditions, the corporation that executed the within instrument, and acknowledged to me that he executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affIxed my Notarial Seal the day and year ftrst above written. t.~\\\};~',t' .~~'I' ,,'r.. J.rQ't:.:.t!h'" !">,,. ='.,:1lI ;..~~ . '(~ 1'0,. ~ .....':~. .... ,rJA :1", .'/.S "t, ..... .0, '" , '..'~ ~. .~,...: ~.' ".l"'''I:A ..-r. ~ .."" ~ ......... '"", . ., -'';' !Y::_ " '~7 t .. ". .::-~'<","" ..1i=!' - ";,:,.",......:.S... E' ::r: : ;. ~..,; A L': . .. ;.T.\\\. ',. . ..:~~!., I -:;.?'.~' ,..~'<:::, ..\~ $' ~ - ..','":" , .*.~ ., ~ ~;;:, ,',',','.'''. ........'.'...... '~,...""s.,.... ;;"",0 p t,~ e\'~\.,," 111"'/f"I'\\'.)' ~~ ame Here) Notary Pu~ the State of Montana Residing a A.~.~ /11 r , My Cornnussi .E~pires: /),,5-;7 ().. il t>tJ '/: (Use 4 digtts for expl1:atlon year) , I MANLEY ROAD ANNEXATION, #A-04016 a: ..... :g 0'1'<1"-- Qo~ ~'<I"9 ..... - ~ Nti:ll .- N:~ _9 _9 -. -~ - - -~ E =tE: _0 u - ~.!i ---- .. -= .. -.., _I :; =c ~ ~ =- -.. =ii 141