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HomeMy WebLinkAbout03- Mahar Annexation Agreement (2) \ . , ~ ~~ r. '" t MAHAR ANNEXATION ANNEXATION AGREEMENT THIS AGREEMENT made and entered into this 41-h NlJVQt;r~ , 2003, by and day of 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 59771-0640, hereinafter referred to as "City", and JOE MAHAR, MAHAR MONTANA HOMES, L.L.c., 1627 West Main Street, #370, Bozeman, Montana 59718, hereinafter referred to as "Landowner". ' t WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafter referred to as the MAHAR ANNEXATION tract situated in Gallatin County, Montana, and more particularly described as follows: A tract of land being the West Half of the Southeast Quarter, the Northeast Quarter of the Southwest Quarter, and that part of the west 50.00 feet of the East Half of the Southeast Quarter of Section 24, lying north of the north line of Certificate of Survey No. 482 and its easterly extension, located in Township 2 South, Range 5 East of P.M.M., Gallatin County, Montana, including the abandoned 50 foot wide right of way of the Chicago, Milwaukee, S1. Paul and Pacific Railroad, conveyed by Deed recorded on Film 98, Page 3879, records of the office of the Clerk and Recorder, Gallatin County, Montana, EXCEPT the following described tracts: EXCEPTION NO.1: the north 15 rods (247.5 feet) of said West Half of the Southeast Quarter except the east 50.00 feet thereof. EXCEPTION NO.2: the north 15 rods (247.5 feet) of said Northeast Quarter of the Southwest Quarter EXCEPTION NO.3: Certificate of Survey No. 482, according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and containing 28.759 acres Said property is more particularly described as follows: Commencing at the South Quarter Comer of said Section 24; thence northerly 0000 14' 01 If, assumed azimuth from north, 990.06 feet along the west line of the Southeast Quarter of said Section 24, to the northwest comer of Certificate of Survey No. 482 and the point of beginning of the property to be described; thence continuing northerly 000014' 01" azimuth 326.82 feet along said west line; thence westerly 2690 02' 57" azimuth 1337.96 feet along the south line of the Northeast Quarter of the Southwest Quarter of said Section 24; thence northerly 3590 48' 24' azimuth 1082.37 feet along the west line of said Northeast Quarter of the Southwest Quarter; thence easterly 0890 08' 24' azimuth 1345.99 feet along the south line of the north 15 rods (247.5 feet) of said Northeast Quarter of the Southwest Quarter; thence easterly 0890 47' 24" azimuth 1276.79 feet along the south line of the north IS rods (247.5 feet) of the Northwest Quarter of the Southeast Quarter, said Section 24; thence northerly 0000 10' 00" azimuth 247.50 feet; thence easterly 0890 47' 57" azimuth 50.00 feet along the north line of the Northwest Quarter of the Northeast Quarter of said Section 24; thence easterly 0890 17' 33" azimuth 50.00 feet along the north line of the Northeast Quarter of the Northeast Quarter of said Section 24; thence southerly 1800 10' 00" azimuth 1650.62 feet along the east line of the west 50.00 feet Mahar Annexation Agreement J / IIIIIID.~III ~~~~~?: 1 I PLATl~ f '. SheUey Vanoe.lleUaUn CD "T "IIC 1112.110 "--- / ,,~' -.-.------.-.- , -1 . ; . of the West Half of the Southeast Quarter of said Section 24; thence westerly 2690 36' 10' azimuth . 1378.47 feet along the north line of Certificate of Survey No. 482 to the point of beginning. Said Tract of land being 3,411,134 square feet or 78.3089 acres more or less along with and subject to any and all existing easements. WHEREAS, the Landowner has petitioned the City for annexation of said tract of land; and WHEREAS, the MAHAR 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 M.C.A. Title 7, Chapter 2, Part 46. WHEREAS, all parties recognize that the annexation of the MAHAR ANNEXATION pursuant to Section 7-2-4601, et seq., M.C.A. will entitle the said property to City services, including municipal water and sewer service, upon their availability; and WHEREAS, M.C.A. Section 7-2-4610 provides that a municipality and landowner can agree to the provisions of services to the area to be annexed; and WHEREAS, the City's present water supply and sewer collection system is insufficient to enable it to supply reasonably adequate water and sewer service to additional customers outside the present city boundaries; and WHEREAS, all parties recognize that the development of the MAHAR ANNEXATION will impact area streets, and that future improvements may require additional public street improvements for traffic circulation; 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 MAHAR ANNEXATION; and WHEREAS, the Landowner finds that this Agreement will provide for the most satisfactory and dependable water supply and sewer supply or service available to furnish water and wastewater collection, and provide traffic circulation for development near and within the MAHAR ANNEXATION; and WHEREAS, the making and perfonnance of this Agreement is desirable to promote the development of the most adequate water supply, wastewater collection and traffic circulation pattern for the City as it now exists and as it is reasonably expected to enlarge; and Mahar Annexation Agreement 111111111111111111111111111111111111111111111111111 ~~t~~r~?~p 2 Shelley Vanoe-Gallatin Co M1 MISC 102,00 ./ \.. - . . " , . WHEREAS, the securing of an adequate water supply, wastewater collection, and traffic systems by . the City is necessary and of mutual advantage to the parties hereto. 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. WIT N ESE T H: IN CONSIDERA nON 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 MAHAR ANNEXATION with the City on January 22, 2002. The City, on March 11, 2002, adopted a Resolution of Intent to Annex the MAHAR ANNEXATION. By execution of this Agreement, the City has manifested its intention to annex the MAHAR ANNEXATION tract pursuant to the terms and conditions of this Agreement. Subject to the provisions of Title 7, Chapter 2, Part 46, the City shall, upon execution of this Agreement, adopt a Resolution of Annexation of the MAHAR ANNEXA TION 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 MAHAR ANNEXA TION tract to the City. 3. Services Provided The City will, upon annexation, make available only existing City services to the extent currently available, including municipal water service, municipal sewer service, police protection, and fire protection, to the MAHAR ANNEXATION as provided in this Agreement. Mahar Annexation Agreement IIIII.MI~III ~~~~8J: 3 Shelley Vanoe-Gallatin Co "T "IIC 112.11I0 / \.. C' 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 MAHAR ANEXATION. 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 MAHAR 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 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 MAHAR 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 MAHAR ANNEXATION to include, but not limited to, any impact fees, hookup, connection, or development charges which may be established by the City. 6. Water Ritzhts 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 Landowner understands and agrees that they must provide sufficient water rights in accordance with the City's policy according to the following schedule: Mahar Annexation Agreement 11111111111111111111111111111111111111111111111111111 ~~~.~~r~?~p 4 , Ih.ll.y Vano.-Gallatin Co MT MISC 112.11 ./ , , .. . MAHAR ANNEXATION, consisting of a total of 78.3089::J; acres, prior to final site plan approval, or filing 0/ any final subdivision plat, whichever occurs first that will create additional subdivision lots and/or development proposals. Should the Landowner create additional subdivision lots with further subdivision of said property, or should the Landowner develop said property under the provisions of the City of Bozeman Zoning Ordinance, the Landowner shall provide sufficient water rights or cash-in-lieu as calculated by the City in accordance with its policy at the time of calculation. The Landowner and 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. Comorehensive Water and Water Desis!D Reoort Prior to future development of the property, the Landowner may be required 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 full development, the report must identify necessary system improvements required for full development. The Landowner agreesto complete at Landowner's expense, the necessary system improvements to serve the full development. 8. Future DeveloDment Limitations Landowner understands and agrees that substantial limitations for growth exist in the wastewater collection system for this property, which will need to be addressed in conjunction with development of the parcel. The future developer will be responsible for installing any facilities required to provide full. municipal services to the property in accordance with the City's Infrastructure Master Plans and all city policies and guidelines that may be in effect at the time of development. Thus, Landowner understands and agrees that there is no right, either granted or implied by the City, for the Landowner to develop any of the MAHAR ANNEXATION until it is verified by the City that necessary municipal services, including but not limited to police and fire protection, and sewer and water capacity, are available to all or a portion of the MAHAR ANNEXATION. Mahar Annexation Agreement 111111111111111111111111111111111111111111111111111111 ~~l~~~r~?~p 5 Shallav Vanotl-Gallatin Co "'T "'ISC 182." / '------. c 9. Stormwater Master Plan Landowner understands and agrees that a Stormwater Master Plan for the MAHAR 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. The master 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. 10. Waiver of Rie:ht-to-Protest Soecial ImDrovement Districts Landowner has executed a Waiver of Right-to-Protest Creation of Special Improvement Districts for maintenance of any parks within the annexed area and/or of a City-wide Park Maintenance District, and Waivers of Right-to-Protest Creation of Special Improvement Districts, which would provide a mechanism for the fair and equitable assessment of maintenance costs for such parks, is attached hereto as Exhibit "Am', and is hereby incorporated in and made a part of this Agreement. Landowner has further executed a Waiver of Right-to-Protest Creation of Special Improvement Districts for improvements, including: 1) paving, curb and gutter, sidewalk, and stormwater drainage improvements for South 11th Avenue, Willow Way, and Cambridge Drive, 2) signalization improvements for the intersections of South Third Avenue with Goldenstein Lane and Graf Street, and 3) trunk sewer or water main improvements to serve the property, is attached hereto as Exhibit "B", and is hereby incorporated in and made a part of this Agreement. Landowner agrees that in the event an S.LD. is not'utilized for the completion of these improvements, the developer agrees to participate in an alternative financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. Mahar Annexation Agreement 111111111111111111111111111111111111111111111111111111 ~~t~~r~?~p 6 ~ Shelley Vanoe-Gallatln Co MT MISC 182," -~ . .. ~ , . 11. Utility Easements 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 annexed parcel. The Landowner shall create such easements in locations 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(s). 12. Impact Fees Landowner and LandownerlDeveloper 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 (1) existing structure on the property. At the time new structures apply to the City's Water and Sewer facilities, the Landowners shall pay all Water and Sewer Impact Fees, which are due. The Landowner and LandownerlDeveloper 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, Landowner agrees 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 court's decision shall be held in escrow until a revised Chapter of the Code is enacted after the Court's decision. Mahar Annexation Agreement IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~IIIIIIIIIIIIIIIIII ~~t~~r~?~p 7 , Ih.ll.y Vana.-Gallatln Co "T "lSC 112.11 / . ; . 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 and/or LandownerlDeveloper. 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. Landowner further understands aild agrees that any improvements, either on- or off-site, necessary to provide connection of Annexation Tracts to municipal services which are wholly attributable to the property are "project related improvements" as defined in Chapter 3.24, Bozeman Municipal Code, or as amended, and as such, are not eligible for impact fee credits. If Landowner defaults on this condition at the time such is to be perfonned, and should default not be remedied or corrected within thirty (30) days after written notice by City to the Landowner and LandownerlDeveloper 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 City that impact fees imposed pursuant to Chapter 3.24 of the Bozeman Municipal Code are subsequently voided or declared invalid by a court of competent jurisdiction. It is the express intention of the parties not to be bound by such a declaration or judgment and, therefore, notwithstanding any judgment either limiting impact fee payments under annexation agreements to specified amounts, or prohibiting any such payment, landowner will pay such amount as specified above. 13. Affordable Housine Having recognized the City's concern for affordable housing, the Landowner understands and agrees that with submittal of a preliminary plat application for all or any portion of the subject property, and/or prior to executing the Annexation Agreement, the future developer has developed an "Affordable Housing Implementation Plan," subject to review and approval by the City of Bozeman, guaranteeing at least eight (8) to twelve (12) percent ofthe total housing units for said subdivision will be managed and maintained as affordable for first-time landowners. The "Affordable Housing Implementation Plan" utilizes a variety of lot sizes and a mix of affordable single-family detached housing units and attached two-household dwelling structures, with not Mahar Annexation Agreement IIIIIIH.~III ~~~~8J: 8 Shelley Vanoe-Gallatin Co MT MIIC 112,. / \... -.--- .. . . less than thirty (30) percent of the affordable housing units being attached two-household dwelling structures. It also designates a maximum square footage for a number of lots, and requires that the single family houses and the two-household dwelling structures will not exceed a certain square footage on a designated number of lots. This method complies with the guidelines recommended by the Affordable Housing Task Force, adopted by the Bozeman City Commission. 14. Proe:ressive Urban Desie:n The Landowner understands that with. annexation of said property it is the intent of the Landowner and City that future development will comply with the goals and policies of the Bozeman 2020 Community Plan. Having recognized the City's concern for implementation of progressive urban design guidelines. outlined in the Bozeman 2020 Community Plan for both community and neighborhood design, the Landowner submitted an urban design plan with the preliminary plat application for Phase I of the property, and has implemented a Master Plan of the land use patterns and types for development of the property for a mix of residential housing types (i.e., single-farnily detached dwelling units and attached two~family household structures) with a variety of sizes, styles, and lot sizes, and a design component that arranges the development of said lands so that the land use patterns will be integrated with the organizational scheme of the adjoining neighborhood(s), subject to review and approval by the City of Bozeman. Said Implementation Plan incorporates at least thirty (30) percent of the west half of the property to be developed as a zoning residential planned unit development that is generally defined as being that portion of the property situated generally west of the future extension of South 11 th A venue and west of the tinallocation and placement of the existing watercourse(s). 15. Additional Terms of Waivers The parties recognize that these documents shall be filed and of record with the Gallatin County Clerk and Recorder prior to the sale of any land with the MAHAR ANNEXATION. The parties further agree that the City may file these documents at any time. Mahar Annexation Agreement 11111111.illlll ~.~:!8J~ 9 ,-~~..ll.v Y.no.-G~ll.tln Co "T MISC 112.11 . . ~/ ; .. ~ . 16. Governine Law and Venue 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. 17. Attornev's Fees In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions 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 modifications or amendment of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto. 21. No Assienment It is expressly agreed that the Landowner and/or LandownerlDeveloper 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. Mahar Annexation Agreement 1111111111111111111111111111111111111111111111111111111 ~~t~~~0t~P 10 Shellev Vanoe-Gallatin Co MT MIIC 1112.11111 ',- j .-.--.. : . ; . 23. Covenants to Run with the Land - The parties intend that the terms of this Agreement shall be covenants running with the land and shall not expire at their deaths or upon transfer of ownership of the property. The undersigned Landowner and LandownerlDeveloper affirms that they have authority to enter into this Agreement on behalf oftheir corporation, and to bind the corporation to this Agreement IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. LANDOWNER ~ V\.- By: E MAHAR, Representing MAHAR MONT ANA HOMES, L.L.C. STATE OF MONTANA ) :ss COUNTY OF GALLA TIN ) On this L/t:/; day of ).) Il (/-em /J e r , 2003, before me, a Notary Public for the State of Montana, personally appeared Joe Mahar, representing Mahar Montana Homes, L.L.C., known to me to be the person that executed the foregoing Annexation Agreement, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) 1?we~l'l4 yil. A-dd.-m.so Yl \\\\1\\ \111 J /JIIIII. (Printed Name Here) ~"'\~~: .A,o.4J;', Notary Public for the State of Montana ~ <:.>'" . . 0'0 ~ Residing at 13.?~m a n ~. . ~ g~.. O"\p..RIAC.~% My Commission Expires: q -r2() - ~()Ob :::ll.J.~ .~~ = cr: t ~.-- II = (Use 4 digits for expiration year) % ~". SbJ\."L..'~i ~ 01 . . . 't-.~ ~ ~?;q .....0 ~ ;t,.-'l 7"12 OF W\ \'~ '///1. \\\ /1/111/111 \I \ \1\\\ Mahar Annexation Agreement IIIIIIIIIIIIIIIIUII ~~~!:~}: 11 Shelley Vance-GallatIn Cc "T "lIe 112.11 " _._._~.._-- : . ; . . CITY OF BOZEMAN ~-t- By: CLARK V. JOHNSON, City Manager ) :ss COUNTY OF GALLATIN ) On this ~ay of N'1)U~ , 2003, before me, a Notary Public for the state of Montana, personally appeared Clark V. Johnson and Robin Sullivan, known to me to the persons described in and who executed the foregoing instrument as City Manager and Clerk ofthe City Commission respectively, of the City of Bozeman, whose names are subscribed to the within instrument and acknowledged to me that they executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day andyear first above written. .....~.E.4L ) -H.t.I-R Y\,e Gy~ IVl~ 't....1t: k 1iI...~ ..~. '~ ., " ... . ....-... ~~' ,,'~y.......'iJ~ "C....... "'\'" (Printed Name Here) . ,"{.. ~ :A.,. t;. " Notary Public or the State of Montana ;1'1\: "Y ~~; Residing at , 0: ~::c: /'1'1 : 2-00'1 11 ~ . .' -: ;e : My Commission Expires: 3 ....., ,. ~.' ~ ~.\ ~".., ~ (Use 4 digits for expiration year) . ..... '. ..' 1)<) .-::/,~,: ,....~,~' ..~ii 01'11:.I. IIIIIID.~.~I r.~,~~.}~ Shallay Vanoa-Gallatin Co "T "lSC 102,00 ../ " Mahar Annexation Agreement 12 ; . ~ . EXHIBIT" A" . WAIVER OF RIGHT.T().PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICT FOR A CITY ~WIDE PARK MAINTENANCE DISTRICT 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 the West Half of the Southeast Quarter, the Northeast Quarter of the Southwest Quarter, and that part of the west 50.00 feet of the East Half of the Southeast Quarter of Section 24, lying north of the north line of Certificate of Survey No. 482 and its easterly extension, located in Township 2 South, Range 5 East of P.M.M., Gallatin County, Montana, including the abandoned 50 foot wide right of way of the Chicago, Milwaukee, St. Paul and Pacific Railroad, conveyed by Deed recorded on Film 98, Page 3879, records of the office of the Clerk and Recorder, Gallatin County, Montana, EXCEPT the following described tracts: EXCEPTION NO.1: the north 15 rods (247.5 feet) of said West Half of the Southeast Quarter except the east 50.00 feet thereof. EXCEPTION NO.2: the north 15 rods (247.5 feet) of said Northeast Quarter of the Southwest Quarter EXCEPTION NO.3: Certificate of Survey No. 482, according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and containing 28.759 acres Said property is more particularly described as follows: Commencing at the South Quarter Corner of said Section 24; thence northerly 0000 14' 01 ", assumed azimuth from north, 990.06 feet along the west line of the Southeast Quarter of said Section 24, to the northwest corner of Certificate of Survey No. 482 and the point of beginning of the property to be described; thence continuing northerly 0000 14' 01" azimuth 326.82 feet along said west line; thence westerly 2690 02' 57" azimuth 1337.96 feet along the south line of the Northeast Quarter of the Southwest Quarter of said Section 24; thence northerly 3590 48' 24' azimuth 1082.37 feet along the west line of said Northeast Quarter of the Southwest Quarter; thence easterly 0890 08' 24' azimuth 1345.99 feet along the south line of the north 15 rods (247.5 feet) of said Northeast Quarter of the Southwest Quarter; thence easterly 0890 47' 24" azimuth 1276.79 feet along the south line of the north 15 rods (247.5 feet) of the Northwest Quarter of the Southeast Quarter, said Section 24; thence northerly 0000 10' 00" azimuth 247.50 feet; thence easterly 0890 47' 57" azimuth 50.00 feet along the north line of the Northwest Quarter of the Northeast Quarter of said Section 24; thence easterly 0890 17' 33" azimuth 50.00 feet along the north line of the Northeast Quarter of the Northeast Quarter of said Section 24; thence southerly 1800 10' 00" azimuth 1650.62 feet along the east line of the west 50.00 feet of the West Half of the Southeast Quarter of said Section 24; thence westerly 2690 36' 10' azimuth 1378.47 feet along the north line of Certificate of Survey No. 482 to the point of beginning. Said Tract of land being 3,411,134 square feet or 78.3089 acres more or less along with and subject to any and all existing easements. Mahar Annexation Agreement I ~I! IIIIR 1.111111 M.IIIII~ IIIII ~J.~~~l~p 13 Shelley V.noe~G.II.tln Co MT MISC 112,11 /' . . : . . 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 park~ which will be caused by the development of the above-described property, the owner has waived and do hereby waive for itself, its successors and assigns, the right to protest the creation of one or more special improvement districts for maintenance of any parks within the annexed 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 shall be a covenant running with the land and shall not expire with the dissolution of the corporation, 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 !i...- day of J0t 1/441 ~-ey- ,2003. LANDOWNER ~~~ . JOE MAR, representing MAHAR MONTANA HOMES, L.L.C. STATE OF MONTANA ) :ss COUNTY OF GALLA TIN ) On this Jjflc day of NtJUBm ht?r ,2003, before me, a Notary Public for the State of Montana, personally appeared Joe Mahar, representing Mahar Montana Homes, L.L.C., known to me to be the person that executed the foregoing Annexation Agreement, and acknowledged to me that he/she executed the same. Mahar Annexation Agreement 111111111111111111111111111111111111111 ,I~ 111111111111 ~~t~~~0t~P 14 Snallav Vanoa-Gallatin Co MT MISC 102,00 ',--.- ._~'~ . ~ , ,. .. . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) j?gbe-UA fYI~ Ado. vn .sOYl \\1111 \ 1111111/111 (Printed Name Here) \\\\ WI II; Notary Public for the State of Montana ~\.,\ ~ ,AD4 1/0 ,$'\..>C:J...... 4t ~ Residing at . '3o~...'e Yh a..JI1 :::<<;. .O'~ :::. .o~ $ Q;), 0\ ARtAL' ~ ~ My Commission Expires: cr-.;;>O- MOC, =4J,~ . ~ (Use 4 digits for expiration year) _0::. . - - -.-.- * - % * ", SE1\L :'~ ff ~<.P' .;;:~ ~ r. . . \'" ~ ~ -1 . .~ ~ ~//I/12 OF'~O \\\\# 11111" 1111111 I 1\\\ IIIMII.I.~.~I ~~.~!:~1~ Shelley Vanoe-Gallatln Co "T "ISC 112.11 ",/ '-.. Mahar Annexation Agreement 15 .. r .~, . . EXHIBIT "B" ~ WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR STREET. SIGNALIZATION. SEWER. AND WATER MAIN IMPROVEMENTS The undersigned owner of real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: A tract of land being the West Half of the Southeast Quarter, the Northeast Quarter of the Southwest Quarter, and that part of the west 50.00 feet of the East Half of the Southeast Quarter of Section 24, lying north of the north line of Certificate of Survey No. 482 and its easterly extension, located in Township 2 South, Range 5 East of P.M.M., Gallatin County, Montana, including the abandoned 50 foot wide right of way of the Chicago, Milwaukee, St. Paul and Pacific Railroad, conveyed by Deed recorded on Film 98, Page 3879, records of the office of the Clerk and Recorder, Gallatin County, Montana, EXCEPT the following described tracts: EXCEPTION NO.1: the north 15 rods (247.5 feet) of said West Half of the Southeast Quarter except the east 50.00 feet thereof. EXCEPTION NO.2: the north 15 rods (247.5 feet) of said Northeast Quarter of the Southwest Quarter EXCEPTION NO.3: Certificate of Survey No. 482, according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and containing 28.759 acres Said property is more particularly described as follows: Commencing at the South Quarter Corner of said Section 24; thence northerly 0000 14' 01 ", assumed azimuth from north, 990.06 feet along the west line of the Southeast Quarter of said Section 24, to the northwest corner of Certificate of Survey No. 482 and the point of beginning of the property to be described; thence continuing northerly 0000 14' 01" azimuth 326.82 feet along said west line; thence westerly 2690 02' 57" azimuth 1337.96 feet along the south line of the Northeast Quarter of the Southwest Quarter of said Section 24; thence northerly 3590 48' 24' azimuth 1082.37 feet along the west line of said Northeast Quarter of the Southwest Quarter; thence easterly 0890 08' 24' azimuth 1345.99 feet along the south line of the north 15 rods (247.5 feet) of said Northeast Quarter of the Southwest Quarter; thence easterly 0890 47' 24" azimuth 1276.79 feet along the south line of the north 15 rods (247.5 feet) of the Northwest Quarter of the Southeast Quarter, said Section 24; thence northerly 0000 10' 00" azimuth 247.50 feet; thence easterly 08go 47' 57" azimuth 50.00 feet along the north line of the Northwest Quarter of the Northeast Quarter of said Section 24; thence easterly 0890 17' 33" azimuth 50.00 feet along the north line of the Northeast Quarter of the Northeast Quarter of said Section 24; thence southerly 1800 10' 00" azimuth 1650.62 feet along the east line of the west 50.00 feet of the West Half of the Southeast Quarter of said Section 24; thence westerly 2690 36' 10' azimuth 1378.4 7 feet along the north line of Certificate of Survey No. 482 to the point of beginning. Said Tract ofland being 3,411,134 square feet or 78.3089 acres more or less along with and subject to any and all existing easements. IN CONSIDERATION, of receiving approval for annexation of the subject property from the City of Bozeman, along with the accompanying rights and privileges and for other valuable consideration, the receipt of Mahar Annexation Agreement 11111111111111mll~11111 ~;~~~1: 16 ~ Shelley Vanoe-Gallatin Co MT MIle 102,. / '- ~ ..., . , ~ " ". which is hereby acknowledged, have waived and do hereby for itself, it's successors and assigns, waive the right to protest the creation of one or more special improvement districts for improvements, including: 1) paving, curb and gutter, sidewalk, and stormwater drainage improvements/or South 11th Avenue, Willow Way, and Cambridge Drive, 2) signalization improvements for the intersections of South Third Avenue with Goldenstein Lane and Graf Street, and 3) trunk sewer and water main improvements to serve the property, 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 improvement districts which would include the above-described property. This waiver shall be a covenant running with the land and shall not expire upon the dissolution of the company provided however this waiver shall apply only to the lands herein described. The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the successors and assigns of the parties hereto. DATED this '1)-1, day of NO /I.e..Il7 h~ ,2003. LANDOWNER ~-~~ - By' E MA Representing MAHAR MONT ANA HOMES, L.L.C. STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this Ljti day of JJ OVeVl-1 b.pr .2003, before me, a Notary Public for the State of . Montana, personally appeared Joe Mahar. representing Mahar Montana Homes, L.L.C., known to me to be the person that executed the foregoing Annexation Agreement, and acknowledged to me that he/she executed the same. IN WIlNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. \\\\1\11111/"1/111 (SEAL) ~\\\\ ~ M. AD 111/0- 1<e0ee-u 1M. A-dtt. ms Oh- ~ CJ \.J . . . . . .4-& ~ ~<<;.' . tP~ .::::- Q;) ,'F f' n . . 0:':;' (Printed Name Here) .::::- 4J . (', \"', I A l . "$- ~ :=ec:'\"" ':= Notary Public for the State of Montana ~*'. S....;~ L :*~ Residing at \3 0 z. e V'Yt- tL VI - ',., 1 \. . - :.:;. (j'l' .I.....' .~.::::- My Commission Expires: q,- d-O~ ~Ol) tp ~ ~.. . ~S ~-1' .~'" (Use 4 digits for expiration year) ~ 1'. .....~ ~ ~/1111: OF ,,^O \\........~ 111111/"" II \ \111\\\ Mahar Annexation Agreement 1111111111111111I IIIII~ ~~e!:~J~ 17 , Shellev Vanoe-Gallatin Co ~T ~IIC 1112," " -"