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HomeMy WebLinkAbout05- Creekwood Annexation -~'-- . . ~ / ~-~ - :(\~ CO.. \ ~ CREEKWOODANNEXATION AGREEMENT CO 8 I' m~ II! . ma;; SiN -:: ~ THIS AGREEMENT is made and entered into this 6th day of September, 2005 , I~ - N-- Q.- iiiiiiiiii g by and between the CITY OF BOZEMAN, a municipal corporation and political subdivision of the -. -8 -<'I !!!!!!!!!!!!!!! .... !iiiiiiiiiiiiii State of Montana, with offices at 411 East Main Street, Bozeman, Montana 59771-1230, hereinafter == =u == i referred to as "City", and Snowload LLC, P.o. Box 10941, Bozeman, Montana 59715 hereinafter !!!!!!!!!!!!!!! -..... iiiiiiiiii E == 8 referred to as "Landowner". - _c sa=: :: ~ ~ WITNESSETH: _I -. _ i WHEREAS, the Landowner is owner in fee of a tract of certain real property, hereinafter !!!!!!!!!!!!!!! > iiiiiiiiii :lo -. _:: referred to as the "CREEKWOOD ANNEXATION", situated in Gallatin County, Montana, and more ~& -' particularly described as follows: DESCRIPTION A tract ofland being the second tract described in Document No. 2012272, Records of Gallatin County, situated in the El/2SE1/4 Section 32, TIS, R6E, P.M.M., Gallatin County, Montana, and being further described as follows: Beginning at the 1/4 corner common to Sections 32 and 33 in said Township and Range; thence along the section line between said Sections SO 1 059'43 "E a distance of707 .93 feet to a point on the northerly right-of-way line of Montana Highway 86; thence along said right-of-way line S49037'40"W a distance of42.31 feet, S40006'10"W a distance of 133.07 feet, S49037'40"W a distance of805.33 feet, along a curve to the right having radial bearing ofN40023'55"W and a radius of 1 086.00 feet a distance of 432.62 feet, S 17021 '34"E a distance of 20.03 feet, and along a non~tangent curve to the right having radial bearing ofN17008'23"W and a radius of 1 066.00 feet a distance of190.92 feetto a point on the ElI16 line of said Section 32, said point also being on the east line of Lot 1 of Ed Vogel Subdivision No.1; thence along said 1116 line and the east line of said Lot I NO 1043'31 "W a distance of 1630.06 feet to the C-E 1/16 corner of said Section 32; thence along the E-W mid-section line of said Section 32 S89049'43"E a distance of 1312.37 feet to the Point of Beginning. Said tract being 37.743 acres. WHEREAS, the Landowner has petitioned the City for annexation of the non-contiguous tract; and WHEREAS, the CREEKWOOD ANNEXATION is not within the corporate limits of the City or other municipality but is the subject of a petition to annex to the City and may therefore be annexed I CImiKWOOD ANNi~if10N AQ~NT ---1:--- - --r!:- 1 I , 1 ! to the City in accordance with the provisions of this Agreement and M.C.A. Title 7, Chapter 2, Part D. 46. CO 0 IIJ COo. WHEREAS, all parties recognize that the annexation of the CREEKWOOD ANNEXA DON mOlJo 01'01 Q('II~ pursuant to Section 7-2-4601, et seq., M.C.A., will entitle the said property to City services, including N ulD ...... a- N...... D...... _0 municipal water and sewer service, upon their availability; and _G -. -G OIJ ('II - WHEREAS, M.C.A. Section 7-2-4610 provides that a municipality and landowner can agree to =u -w _E the provision of services to the area to be annexed; and ~1- E =0 WHEREAS, the City's present water supply is insufficient to enable it to supply reasonably u -.: !!!!!!!!!!!!! - -- ;;;;;;;;;;;iii; · -- adequate water service to additional customers outside the present city boundaries; and -- -II _I -. !!!!!!!!!!!!! 0 WHEREAS, the Landowner wishes to convey to the City certain water rights or take some -i :> : - equivalent action to provide water and sewer service to the CREEKWOOD ANNEXATION; and -1 =w "..--.-'-." WHEREAS, all parties recognize that the development of the CREEKWOOD ANNEXA DON will impact Bridger Drive, and will require additional public street improvements for traffic circulation; and WHEREAS, the Landowner finds that this Agreement will provide for the most satisfactory and dependable water supply or service available to furnish water and provide traffic circulation for development near and within the CREEKWOOD 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 0 fan adequate water supply and traffic system by t he City is necessary and of mutual advantage to the parties hereto; and I CREEKWOOD ANNEXATION AGREEMENT 2 I . :I l WHEREAS, the parties have determined that it is in the best interests of the City and the CO ! Landowner, and in furtherance of the public health, safety and welfare of the community to enter into CO" m1it; mol and implement this Agreement. Ql"J_ ..- N....... .- N....... IN CONSIDERATION of the mutual covenants and agreements herein contained, the parties D....... ---I -. -e =l"J hereto agree as follows: =N - =u 1. Recitals -VI ... _:IE: ___ I- __:IE: The above recitals are true and correct. =0 =u - _I: -- =- 2. Annexation -- -- -- =. -0 _I The Landowner's predecessors in interest filed a petition for annexation of the CREEKWOOD -. _0 =fi ~> -)>. ANNEXATION with the City on June 29, 2004 signed by all owners of the property. The Landowner . =- -.. _L -- intends to complete annexation of the CREEKWOOD ANNEXATION. By execution of this ~ Agreement, the City has manifested its intention to annex the CREEKWOOD ANNEXATION tract pursuant to the terms and conditions of this Agreement. Subject tothe provisions of Title 7, Chapter 2, Part 46, the City shall, upon execution of this Agreement, adopt a Resolution of Annexation ofthe CREEKWOOD 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 CREEKWOOD ANNEXATION 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 CREEKWOOD ANNEXATION, as provided in this Agreement. 4. Municipal Water Service Defined I:CREEKW()()D ANNEx~"()N'~~!..i'i'.n i'!:::~~j~m '"."., ".'...'... ~DJ' J I i,;'. ~'y:::"t:, \\:)':~:::>:'::<.. ''''lllIII'''''' ~ -',. ~ \ The term "municipal water service" as is used in this Agreement shall be the service which is CO ll. 9 ID CO" supplied by the City in accordance with Chapter 13.12, Bozeman Municipal Code, or as may be 01:: mOl amended, as well as any other terms and conditions which apply to the City's provision ofthis service. Q""- Ni;: N-- ll._ The term does not contemplate the extension of lines or construction of necessary improvements at _9 _9 -. -9 -~ any cost to the City for delivery of water to and within the CREEKWOOD ANNEXATION. Nothing - iiiiiiiiii - u in this Agreement shall obligate the City to pay for right-of-way acquisition, engineering, construction, -II) --= iiiiiiiiii l- E and other costs for the delivery of water to or within the CREEKWOOD ANNEXATION to include, -8 - _I: -- =- but not limited to, any impact fees, hook-up, connection, or development charges which may be !!!!!!!!!!!!!B ~ -- -; === :: established by the City. The applicant is further on notice that prior to development the applicant will =1: -- -> -: be responsible for installing any facilities required to provide full municipal services to the property in =- .. _.I: _II) ......--.---... accordance with the City of Bozeman's infrastructure master plans and all city policies that may be in effect at the time of development. 5. Municiual Sewer Service Defined The term "municipal sewer service" as is used in this Agreement shall be the service which is supplied by the City in accordance with Chapter 13.24, Bozeman Municipal Code, or as may be amended, as well as any other terms and conditions which apply to the City's provision ofthis service. The term does not contemplate the extension of lines or construction of necessary improvements at any cost to the City for collection of sewage at and within the CREEKWOOD 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 CREEKWOOD ANNEXATION to include, but not limited to, any impact fees, hookup, connection, or development charges which may bee stablished by the City. The applicant is further on notice that prior to development the applicant will be responsible for installing any facilities required to provide full I CREEKWOOD ANNEXATION AGREEMENT 4 I ~'i".. ~ ., ll. co Ell municipal services to the property in accordance with the City of Bozeman's infrastructure master III CO" m=; mol plans and all city policies that may be in effect at the time of development. QID!::! NI~ 6. Water Riehts N-- ll.- ~3 -. -Ell The parties acknowledge the following City policy: =1') ~C\I ~ ~ - Prior to annexation of property, it shall be the policy of the City of Bozeman to acquire =u -en _E usable water rights, or an appropriate fee in lieu thereof, equal to the anticipated ~l- average annual consumption of water by residents and/or users of the property when ~E =0 fully developed. The fee may be used to acquire water rights or for improvements to =u - _c 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 -.... =- -Ill carried out prior to final plat approval of each development phase. _I -. _0 =c !!!!!!!!!!!!!!! ~ iiiiiiiiiii ,. Section 2, No.5, Commission Resolution 3137, Adopted August 19, 1996 -. =.... ! The CREEKWOOD ANNEXATION consists of approximately 37.8 acres. _en ".___ .. - u__.. ___._.." The Landowner understands and agrees that they must provide sufficient water rights in accordance with the City's policy according to the following schedule: CREEKWOOD ANNEXATION, consisting of a total of 37.8 acres, shall provide water rights or cash-in-lieu at the time the Final Plat or Final Site Plan is submitted. 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 Desie:n Report Prior to future development of the property, the Landowner shall have prepared by a Professional Engineer, at Landowner's expense, a comprehensive design report evaluating existing capacity of sewer and water utilities. The report must include hydraulic evaluations of each utility for both existing and post-development demands, and the report findings must demonstrate adequate I CREEKWOOD ANNEXATION AGREEMENT 5 I . , capacity to serve the full development of the land. If adequate water and/or sewer capacity is not CO 0. available for full development, the report must identify necessary water system and sewer system If COe. mt'le improvements required for full development. The Landowner agrees to complete at Landowner's mol QOO_ NI:: expense, the necessary system improvements to serve the full development prior to development of the N-- 0._ _e _e ~ G property. ~ 8. Future Development - u CD .... Landowner understands and agrees that adequate municipal services and facilities are not _E I- _E Cl ~ currently available to much of the area proposed for annexation, and that there is no right, either - -- -- -- granted or implied by the City, for the Landowner to develop any of the CREEKWOOD =- -0 I _I: -- ANNEXATION until it is verified by the City that necessary municipal services and facilities, :> ). -- -- .. including but not limited to police and fire protection and road improvements, are available to all or a _I:. _CD "--. ._-,.,-~... portion of the CREEKWOOD ANNEXATION. 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 are existing structures on the property for which street and fire impact fees shall be paid at the time of execution of this agreement. 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 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 pennit 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 0 n City services in accordance with a new or revised Chapter of the Bozeman I CREEKWOOD ANNEXATIONAGRPEMENT 6 I <-- ~-" . ~ Municipal Code lawfully enacted as a result of such court decision after the date of the court decision. CO 0.. If, prior to enactment of such revised Chapter, the Landowner applies for any permit which actuates or Q 10 CO Q .;: would have actuated impact fees pursuant to the current Chapter 3.24 of the Bozeman Municipal mC')Q -10 010: St""~ Code, the Landowner further agrees to pay at that time, the amount calculated for all such fees based Nn~ N!:: o..~ : 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 u _III E landowner would have been entitled to a refund under the court's decision but were it not for the sole l- E _ ~ 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 ofthe Code is enacted after -- " ~l the Court's decision. :> >> -- -- - At the time the revised code is enacted, then all such fees held in escrow shall be released to _& ""-___...."._..1 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 CREEKWOOD ANNEXATION 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 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 I CREEK WOOD ANNEXATIQNAGREEMENT 7 I f . addition, the City m ay, at its option, enforce payment of such amount by 0. oa :& CO" levying an assessment on the premises. ml3 m'Ol Elect any other remedy available to City under the laws of the State of e-- B) N"~ N!::: 0.- Montana. I & ... l'l C) Any waiver by City of any default shall not be construed as a waiver of any u subsequent default. _cD -.... E .... E D) It is agreed that it shall be no defense to the enforcement of this provision 8 -I: _... ..... ~. by the City that impact fees imposed pursuant to Chapter 3.24 ofthe Bozeman ... ~. 0 i Municipal Code are subsequently voided or declared invalid by a court of li ::> ~ competent jurisdiction. It is the express intention of the parties not to be bound .... .... _1 '.._,-~-~.. 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. 11. Stormwater Master Plan Landowner understands and agrees that a Stormwater Master Plan for the CREEKWOOD ANNEXATION for a system designed to remove solids, oils, grease, and other pollutants from the runoff from the public streets must be provided to and approved by the City Engineer at the time of any future development. The master plan must depict the maximum sized retention/detention basin location and locate and provide easements for adequate drainage ways within the area to transport runoff to the stormwater receiving channel(s). The plan shall include site grading and elevation information, typical stormwater detention/retention basin and discharge structure details, basin sizing calculations, and stormwater maintenance plan. The plan must also located and provide easement for adequate drainage ways within the annexation area to transport treated runoff to any stormwater I CREEKWOODANNEXATIQN AGREEMENT 8 I ~ , , receiving channel. The stormwater master plan shall conform to any City of Bozeman best practices CO 10 CO" m=Z for stormwater treatment. ....10 mOl 8CR_ 12. Floodplain Nii~ .- N-- 0..- _9 Landowner understands and agrees that prior to any development of the subject annexation, the _9 -. -9 -~ following Flood Plain provisions must be met when applicable: ~ - =u -UJ E a) A Flood Plain Development Permit must be obtained from the City Engineer prior to FSP _I- ~E approval. 8 - _I: b) The 100 year flood plain boundary and flood elevations must be depicted on the FSP. -- =- -- -- -- c) Culvert sizing design calculations shall be provided for the stream crossing. =- -0 _I -- d) All buildings must be flood-proofed to at least 2' above the 100 year flood elevation. ~~ -- -> Elevation Certificates must be provided for each building following completion of , -> - construction. =- iiiiiiii: ii _.I: _UJ ".---.---.. ....~... 13. Traffic Analvsis Report Landowner may be required to provide a detailed Traffic Analysis Report(s) at the time of future development of any portion of the annexed property. 14. Waiver of Rieht-to-Protest Special Improvement Districts Landowner has executed Waivers of Right-to-Protest Creation of Special Improvement Districts for street improvements, including paving, curb/gutter, sidewalk, and storm drainage appurtenances to Bridger Drive, and signalization of the intersections of Story Mill Rd and Bridger Drive and Griffin Drive and Bridger Drive; and have further executed a Waiver of Right-to-Protest Creation of Special Parks Maintenance Districts. Said Waivers are attached hereto as Exhibits A, B and C. In the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternative financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution form the development, or a combination thereof. I CREEKWOOD ANNEXATION AGREeMENt 9 I . ! . co 15. Rie:ht-of-Wav/Easement for Future Roadwavs CO:';: Gla: GIs: Landowner has dedicated, by Public Street and Utility Easement, the following land to the City Q-~ N uID N&:: -- of Bozeman for right-of-way purposes, which represent Landowner's proportionate share of the a..- ~I _. -s -(OJ necessary right-of-way. Said Public Street Easement will be filed with the Gallatin County Clerk and !!!!!!!!!!!! N ~ ~ - =u Recorder at the time this Annexation Agreement is filed. Any future subdivision of the property shall -UJ ==i iiiiiiiiiiiiiii l- ~E include dedication of the required area to the City. =0 =u - _I: -- =- a) The applicant shall grant the required additional public street and utility easements to !!!!!!!!!!!! !!l !!!!!!!!!!!! ... -- -ell _I the City of Bozeman for an additional 20 feet width of right of way at the Southwest -. ~~ -- -> ~)o. corner of the subject annexation on the North half of Bridger Drive. -. =.... i 16. Parks and Trails Landowner understands and agrees to provide rights-of-way by easement or other mechanism acceptable to the City for pedestrian/bicycle trail( s) at the time of subdivision or other development of the property. The locations shall be consistent with those shown in the City's adopted transportation plan and/or growth policy unless other locations are approved by the City. Landowner understands and agrees that any contiguous parks, open space, and/or trails shall be extended to the annexed property and that location, facility type, and other park development issues will be coordinated between Landowner and reasonably anticipated development ton adjacent property to the west. While coordination is needed, final approval will remain with the City, and Landowner will be responsible for the development of the portion of park on their property to the standards required by ordinance or development approval on their property. 17. Utilitv Easements Landowner understands and agrees that utility easements, a minimum of 30 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 I CREEKWOOD ANNEXATION AGREEMENT 10 I ........-.".--.".----- co I · COI"* . at '0 : appropriate development procedure, but in no event later than the filing of any final plat or site plan or at::: I ~ i ~ issuance of a building permit on any of the parcels. N...... 0...... _& =: 18. Waiver for Parks Maintenance District -(OJ !!!!!!!!!!!!!! ... == Landowner has executed a Waiver of Right-to-Protest Creation of a Parks Maintenance iiiiiiiiii - =u -U) E District. Said Waiver is attached hereto as Exhibits D. -~ iiiiiiiiii E =0 ~u !!!!!!!!!!!!!! .5 Additional Terms of Waivers !!!!!!!!!!!!!!! B 19. -- =. -0 -. The parties recognize that these documents shall be filed and of record with the Gallatin =1: -. _:. iiiiiiiiii! County Clerk and Recorder prior to the sale of any land within the CREEKWOOD ANNEXATION. 1 - U) The parties further agree that the City may file these documents at any time. 20. Procedure for DeveloDment Review Landowner understands and agrees that development ofthe subject parcel shall be conducted through a planned unit development process. Phasing of development is acceptable, however, the planned unit development with its overall design, architectural standards, open space layout, and transportation facilities shall be integrated across the entire property. 21. Timine: of Ae:reement Landowner understands and agrees to execute all contingencies and terms of the Annexation Agreement with the City of Bozeman within one (1) year of approval by the governing body, or annexation approval shall be null and void unless an extension is granted by the City Commission. 22. Annexation MaD Landowner understands and agrees to provide an Annexation Map, titled "Creekwood Annexation Map" with a legal description of the property and adjoining rights-of-way and/or street access easements (Le., Bridger Drive), unless such rights-of-way are already annexed, for use with the Annexation Agreement. The map must be supplied on a mylar for City records (18" by 24"), a reduced 8 lh" x 11" or 8l1z" by 14" exhibit for filing with the Annexation Agreement at the County I CREEK WOOD ANNEXATIONAGR.I3EMENT 11 I " a.. . CD : Clerk & Recorder, and a digital copy for the City Engineer's Office. This map must be acceptable to CD:: 0'1011I mN: the Director of Public Services and City Engineer's Office, and shall be submitted with the signed Q""""~ NI~ N-- Annexation Agreement. The Final Annexation Map and metes and bounds description shall include a..- _8 _8 -. =! the full width of all adjacent right(s)-of-way if not already annexed. Note that the metes and bounds - description for each adjacent right-of-way must be described separately from that of the parcel. The -u IIJ ... E -~ applicant i s responsible for obtaining any required affidavits or consent to annexation from the -0 u -I: -- Montana Department of Transportation (MDT) or Gallatin County. -. = - -et i 23. Governine: Law and Venue I: -- -~ :.. 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. 24. 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. 25. 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. 26. 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. I CREEKWOOD ANNEXATION;\.<JREEMel'rf 12 I 0. .. co z CO=;i ~ Modifications or Alterations mOl 27. m", Q-- No modification or amendment of this Agreement shall be valid unless evidenced by a writing Nj~ N-- 0.- ___I signed by the parties hereto. -. -9 -'" _N - 28. No Assie:nment - - =:t .... It is expressly agreed that the Landowner shall not assign this Agreement in whole or in part _E -Ii: - =0 =u without prior written consent of the City. - _I: -... =- -- -- 29. Successors -- =- -0 -~ =l! This Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties -- -> )0. . .... ---. hereto and their respective heirs, successors and assigns. ~ci 30. Covenants to Run with the Land The parties intend that the terms of this Agreement shall be covenants running with the land and shall not expire at their deaths or upon transfer of ownership of the property. The undersigned Landowners affirms that they have authority to enter into this Agreement on behalf of their partnership, and to bind the partnership to this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. LANDOWNERS ~~ Shaun Shahan - STATE OF MONTANA ) ) ss. County of Gallatin ) S On this r2!L day of ~ ' 2oq,f, before me the undersigned, a Notary Public for the State of Montana, rsonally appeared, Shaun Shahan, known to me to be the M4-)')? b/1.4 of Snowload LLC, and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of Snowload LLC. I CREEKWOOD ANNEXATION AGREEMENT 13 I , . .. . co I co:. e mOl Janet D. BroadbroOks m.e Notary Public for the State of Montana Q"'~ (Printed Name) Residing at Bozeman, Montana ..CD NI:: My Commission Expires January 25, 20a~ No. :: Residing in Bozeman, Montana _S1 _0 My Commission Expires / /20_ -. -Go -COI IN IkLII-- - ~_., -~ E Michael . Promisco _l- E _ 8 STATE OF MONTANA ) _I: ) ss. -- ="" . 4 County of Gallatin ) ~ 5 -- On this 2!L day of ~o , 2()(}(, before me the undersigned, a Notary Public -li !!!!!!!!!!!!!!I :> : for the State of Montana, personally appeared, Michael A. Promisco, known to me to be the :; 1-1 ~ h/ ~ of Snowload u.c, and the person whose name is subscribed to the = ~ within instrument and acknowledged to me that he executed the within instrument for and on behalf of / -- S.t1QW.lgad LLC. ,........~ au A it..... l' ~:~"'.~SS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day ... "-.. ~ . t .::Cl.I,: .'. '. . .. ove wnt en. .: z. '~,' .'~, ~}~.. .....,J\ t ~ ...co ..' 'c~ll'''' . ::. -,"'::' ~.-'., ~'. : ~1Jt .', :.r .,....,....1\'.... ...c--. 1. ~~?.,.~ ~...,;~) . '.t.:. "i"..W;":. . " . ~?Ti;:"~;'~_.. ~. .. 4!l:' ..,,,;:> "'''' .J:l, ~\' Public for the State of Montana Janet D. Broadbrooks Notary Public for the State of Montana (Printed Name) ne3ieliRfj at Bozeman, Montana My Commission Expires January 25, 2003' Residing in Bozeman, Montana My Commission Expires / /20_ I CREEK WOOD ANNEXATION AGREEMENT 14 I .-, , ' . . . CITY OF BOZEMAN C~4,~ By: Chris A. Kukulski, City Manager CO ! COI.;.: 8 mOl mID Q-- Ni~ STATE OF MONTANA ) N-- 0.- -.1 :ss -. -8 COUNTY OF GALLATIN) =fJ - - On the & ~y of ~()S, hefore me, a Notary Puhlic for the State of u -w _i Montana, personally appeared CH IS A. KUKULSKI AND ROBIN L. SULLIVAN, known to me to t: be the City Manager and Clerk of the City Commission respectively, of the City of Bozeman, whose 0 -u names are subscribed to the within instrument and acknowledged to me that they executed the same -. c: ~:: for and on behalf of said City. , - ~::: -- -ell IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and _I -. ~~ year first written above. -:> -,. -. =- N~il('~~ iiiiiiiii - = ~.... .".~~~~\, ..~ ~ ..~.". '1<' ~1 ~"..'" . ,', ,f ", ':' "Jr..., C" \ "CtD.~ '~' Residing at Bozeman, Montana I ~..'H~."~4, ',.. J~:~\1 ~ 1 My Commission Expires: 312.$ j2ClJ? :: '" ,,'~l;i:( 's; ,':: , ,~ a\:;.;tt" .:.::-' ~'\: ~~ ~~,,\j,:~:;,~):;,\' .~\r:::,}'<"'./~ if' . .... ~4t~~~...... ..0"1) \.. '4;;"" ,1I:'\'t.".:. '~h'lf..~..,t'l!j.,j,>!<~" I CREEKWOOD ANNEXATION AGREEMENT 15 I ---- ...---=---'.--..--- ~-_._-- -----------,-------------. - ...........-.. "!1;r.:,.; ,~. .. -. . . EXHIBIT A WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS CREEKWOOD ANNEXATION The undersigned owners of the real property situated in the County of Gallatin, State of 11. CO :z Montana, and more particularly described as follows: CO=.. Ell mOi mG A tract of land being the second tract described in Document No. 2012272, Records of Gallatin Q-- N .-lD County, situated in the E1/2SE1/4 Section 32, Tl S, R6E, P.M.M., Gallatin County, Montana, .- .- N-- and being further described as follows: 11.- _G _G !B!!!!!!!!! Q Beginning at the 1/4 comer common to Sections 32 and 33 in said Township and Range; thence <'II _N along the section line between said Sections SOl 059'43"E a distance of707.93 feetto a point on the northerly right-of-way line of Montana Highway 86; thence along said right-of-way line :il S4903 7'40"W a distance of 42.31 feet, S40006'1 O"W a distance of133.07 feet, S49037'40"W a E I- distance of805.33 feet, along a curve to the right having radial bearing ofN40023'55"W and a E radius of 1086.00 feet a distance of 432.62 feet, S 17021 '34 "E a distance of 20.03 feet, and 8 -I: along a non-tangent curve to the right having radial bearing ofNI7008'23"W and a radius of -- .oJ 1066.00 feet a distance of190.92 feetto a point on the E1/16 line of said Section 32, said point -- -- -- also being on the east line of Lot 1 of Ed Vogel Subdivision No. I; thence along said 1/16 line - -C!I _I and the east line of said Lot I NOI 043'31 "W a distance of1630.06 feet to the C-El/16 comer of ~ -- said Section 32; thence along the E-W mid-section line of said Section 32 S89049'43"E a ~> distance of 1312.37 feet to the Point of Beginning. -~ - .. .c. Said tract being 37.743 acres. _01) -- 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 Bridger Drive, which will be caused by the development of the above-described property, the owner has waived and do hereby waive for itself, its successors and assigns, the right to protest the creation of one or more special improvement districts for paving, curb, gutter, sidewalk, and drainage improvements to Bridger Drive; or to make any written protest against the size or area or creation of the district, or method of assessment to be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property . .~----"'. .,.~ co ! co:; . 0101 "- In the event an SID is not utilized for the completion of these improvements, the developer 01.....& Q'-~ agrees to participate in an alternative financing method for the completion of said improvements on a N"~ Nt;: 0...... _I fair share, proportionate basis as determined by square footage of property, taxable valuation of the -. -& -C') N - property, traffic contribution form the development, or a combination thereof. iiiiiiiiiii - U -1Il iiiiiiiiiii E This waiver shall be a covenant running with the land and shall not expire with the dissolution of -... E =0 u the limited partnership, provided however this waiver shall apply to the lands herein described. - _I: =... -'" -" -- -- The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the =" -ell _I -- _0 =1: successors-in-interest and assigns of the parties hereto. -" -:> ~ =- DATED this ~ day of r)U\~ iiiiiiiiiii 1 , 20 OS . _1Il .....---- LANDOWNERS STATE OF MONTANA ) ) ss. County of Gallatin ) On this _\5 day of .~ u\~ ,2005, before me the undersigned, a Notary Public for the State of Montana, per ally appeared, Shaun Shahan, known to me to be the tl\bv\~tr of Snow load LLC, and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of Snowload LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. :\\\\ \\ II II I I//JIIII (SEAL) ~\'\ ~E 0 ~~~ ~ ~\ . k ~ ~~ .......10 ~ ~.::,:. . . <>-' ~ S;..... lAP.' .....,;;:. d!!ft~?\" rn.~ =:: . \\0 . '1.'4.(' ~ -a r=~' oms: ;: () . __11I-. . Z == -;"1 0 SEA L . * :: ....'( . . 0 ::: otary Public for the tate of Montana ~ <..1') . .... S" ;: ~:,>.. oSfo~ -:-. ~ . . ~ ~ CLt\nexl~ ~.nfn ~ )o~o...o~~. 0"11 OF MO :\\,~~ (Printed Name) Ilfll//I J 11I1\\\\\\ Residing in Bozeman, Montana My Commission Expires ~ 1 / c1\ /20.!21- ;~ '<'- ., .., . 0. ~q~ co :: 1 CO=;i; -~.- 01'01 01. ch . Promisco S.....- u. N...... STATE OF MONTANA ) .- N...... D...... ) ss. _6 _6 -. County of Gallatin ) =1 ___N --- On this ~ day of .)\J~ . ,2005, before me the undersigned, a Notary Public -~ E for the State of Montana, perso ly appeared, Michael A. Promisco, known to me to be the -~ rn'M\\;t r of Snow load LLC, and the person whose name is subscribed to the - within instrument and acknowledged to me that he executed the within instrument for and on behalf of =0 u -c Snowload LLC. - =. - ~- IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day . /4 I! and year first above written. -. :> ~ :-,\\\\\\1111;111///1, =- - ~,,'\ ~ E 0 I'l', -. (SEAL) -# <?-' . fr- "/", _L. -'" ~<(f ..... ~6..~~ '...__n_ ;$ ")..; .. .'. ,,':' '.; :::J...x. -/RI ".,,,~~ ~~ D-~Y\O^J ~ '. ,~O I "\, .<}.. j..- .~ S ~. \ " . ((1 :::: ~: 0 . -.- . ;.2: ::: :; *. C'1!'" "'., . ~ ::; -:: . .~:'..: "~ -1 ,j~,' . "')1 r :;: Ototary Public for the State of Montana ~UJ.U~",lU.~~ ~ ~~. . . ~ ~ ~ CafuXl'"L, \).'(j)~ ~ '~r..s:- . · · . . ~\V.~"'" ~lllil OFMO\ ~\\~ (Printed Name) 11/111111I11\\\\\\\ Residing in Bozeman, Montana My Commission Expires ~/ ~20.D:l _...-----'~I_I..~1~1Il1JI]~1110::l11~~~l!~;;~ <: -~ . .. co !l EXHIBIT B COl. moi WAIVER OF RIGHT TO PROTEST mm CREATION OF SPECIAL IMPROVEMENT DISTRICTS Q-~ Ni~ CREEKWOOD ANNEXATION N-- Q.- _0 _0 The undersigned owners of the real property situated in the County of Gallatin, State of _. =! Montana, and more particularly described as follows: - - U -lD E A tract ofland being the second tract described in Document No. 2012272, Records of Gallatin l- E County, situated in the E1/2SE1/4 Section 32, T1 S, R6E, P.M.M., Gallatin County, Montana, ~8 - and being further described as follows: -I: -- ===== .. - Beginning at the 1/4 corner common to Sections 32 and 33 in said Township and Range; thence -- - -UI along the section line between said Sections SO 1059'43 "E a distance of707.93 feet to a point on .:. _0 the northerly right-of-way line of Montana Highway 86; thence along said right-of-way line =:i !!!!!!!!!!!!!!! :> S49037'40"W a distance of 42.31 feet, S40006' 1 O"W a distance of 133.07 feet, S49037'40"W a : - distance of805.33 feet, along a curve to the right having radial bearing ofN40023'55"W and a - -j radius of 1086.00 feet a distance of 432.62 feet, S 17021 '34 "E a distance of 20.03 feet, and "'. '" -.-" along a non-tangent curve to the right having radial bearing ofN17008'23"W and a radius of ---,--.- 1066.00 feet a distance of 190.92 feetto a point on the E 1/16 line of said Section 32, said point also being on the east line of Lot 1 of Ed Vogel Subdivision No.1; thence along said 1/16 line and the east line of said Lot 1 N01 043'31 "W a distance of1630.06 feet to the C-E1116 corner of said Section 32; thence along the E-W mid-section line of said Section 32 S89049'43"E a distance of 1312.37 feet to the Point of Beginning. Said tract being 37.743 acres. IN CONSIDERA nON of receiving approval for annexation of the subject property from the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the impact to the intersection of Story Mill Road and Bridger Drive, which will be caused by the development of the above-described property, the owner has waived and do hereby waive for itself, its successors and assigns, the right to protest the creation of one or more special improvement districts for paving, curb, gutter, sidewalk, drainage, and signalization of the intersection of Story Mill Rd and Bridger Drive; or to make any written protest against the size or area or creation of the district, or method of assessment to be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. 1..:C;EIIWWI:':d'NlXAllQNAQaEEMJ3Nt 'lili'I!!.ii!:'::::il!".!::!!!I!!'".!"!.'.!.'. 20' I . .' 0.. . co 19 ID In the event an SID is not utilized for the completion of these improvements, the developer CO I.; '- 19 maID m~! agrees to participate in an alternative financing method for the completion of said improvements on a & - Nii~ .- N-- fair share, proportionate basis as determined by square footage of property, taxable valuation of the 0..- I -. -19 ~ property, traffic contribution form the development, or a combination thereof. -- -- - u This waiver shall be a covenant running with the land and shall not expire with the dissolution of -lit --.... _IE: Ie the limited partnership, provided however this waiver shall apply to the lands herein described. - 0 u - _I: -- -- The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the =-- -.... ~.... -- =-'i' successors-in-interest and assigns of the parties hereto. -. _0 I: -- >' DATED this z- i- day of~u....~ ,200~ -,. -. .... .... -. _s:. _lit .- LANDOWNERS STATE OF MONTANA ) ) ss. County of Gallatin ) .on this21 day of ~ 5 , Zoo;v,'before me the undersigned, a Notary Public for the. Stat~ personally appeared, Shaun Shahan, known to me to be the .M of Snowload LLC, and the person whose name is subscribed to the .. .~~=~~~~t and acknowledged to me that he executed the within instrument for and on behalf of .' .. ~'_.", .......~ ~ FC/.. f~ft"'...."~.i?\ .1 :i'i~~!ilf~~1:~ ~HEREOF, I have hereunto set my hand and affixed my Notarial Seal the day ,.\j.i:~~IIII!Alfi~P~ wntten. -'.". \",.""it'''''.i' ..:i;,.,;.,!,.::,~. . ~~' . ~~~i<':i~~~bl ;;f ~ .", ~", "''': .,li,.:<", . ~ . ' , ,:,1f,,\'. ....,:>, " '(#,,;~!.&~:" 1~ :." "''''~~ ) t D. Broadbrooks ublic tor the State of Montana otary Public for the State of Montana g at Bozeman, Montana My Commission Expires January 25, 20og' (Printed Name) I CREEKWOOD ANNEXATION AGREEMENT 21 I 11. co I COX.; · Q m'O I ~. Residing in Bozeman, Montana 8"- My Commission Expires / /20_ N&~ ~ N-... 11.- ~ :- ~ - ~ ichael A. Promisco ~ - -~ STATE OF MONTANA ) ... E ) ss. : County of Gallatin ) u 5 _.5 "lJ/~ = ~ On this & day of , 20(j(before me the undersigned, a Notary Public : for the State of Montana, personally appeared, Michael A. Promisco, known to me to be the t J-IL./)IJL6~A of Snowload LLC, and the person whose name is subscribed to the - ~ within instrument and acknowledged to me that he executed the within instrument for and on behalf of -,... . ,,'..'. ~~. Sno. ()ad LLC. ,:J..:~;'~i"'" ~ vrnSS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day lllltLtnd ... ~ve wntten. :1../ .~,.,. ....~'...?- ~ .: "'.. f. ,c..',. .'." .". ,y;,;?4~ . toP . - - .. ",iil~.' ."." JI.'I' ~ : -: ..., :'~"'" 0h>'.',:",~,,~~, ""; .:: ',:~~Ii~.~ .. :~c % ~~.~,~~,,;~Ef).~_~ 1, f".. "I,., i' .' ...: " ....c/'... ._.. "\,,~,,<,,,:: .......\' If r . .f""x '. ," >i. .,..:........ l t. "':'..""'O'\~ ~ ~ ~. . I; ""...,\.." " -AD. ~ Notary Publi or the State of Montana Janet D. Broadbrooks Notary Public for the State of Montana Residing at Bozeman, Montana (Printed Name) My Commission Expires January 25, 20GB' Residing in Bozeman, Montana My Commission Expires / /20_  I CREEKWOOD ANNEXATION!GllliEMENT 22 I .' ~ ~~ . . ... co I co~ j EXHIBIT C mOlD WAIVER OF RIGHT TO PROTEST m~: CREATION OF SPECIAL IMPROVEMENT DISTRICTS Q ~ Num -- CREEKWOOD ANNEXATION .- N-- 11.- iiiiiiiiii Z The undersigned owners of the real property situated in the County of Gallatin, State of _. -0 ='" _C"l Montana, and more particularly described as follows: =u -CD i A tract of land being the second tract described in Document No. 2012272, Records of Gallatin iiiiiiiiii l- E County, situated in the E1/2SE114 Section 32, T1 S, R6E, P.M.M., Gallatin County, Montana, -8 and being further described as follows: _I: =- -- -- -- Beginning at the 1/4 comer common to Sections 32 and 33 in said Township and Range; thence -- - -g along the section line between said Sections SO 1059'43 "E a distance of707. 93 feetto a point on -. -- ~ the northerly right-of-way line of Montana Highway 86; thence along said right-of-way line -> S49037'40"W a distance of 42.31 feet, S40006'1 O"W a distance of 133 .07 feet, S49037'40"W a ~ =- distance of805.33 feet, along a curve to the right having radial bearing ofN40023'55"W and a j radius of 1086.00 feet a distance of 432.62 feet, S 17021 '34"E a distance of 20.03 feet, and ..'-,---..---... along a non-tangent curve to the right having radial bearing ofNI7008'23"W and a radius of 1 066.00 feet a distance of I 90.92 feet to a point on the E 1/16 line of said Section 32, said point also being on the east line of Lot I of Ed Vogel Subdivision No.1; thence along said l/16line and the east line of said Lot 1 NOl 043'31 "W a distance of1630.06 feet to the C-El/16 comer of said Section 32; thence along the E-W mid-section line of said Section 32 S89049'43"E a distance of 1312.3 7 feet to the Point of Beginning. Said tract being 37.743 acres. IN CONSIDERA nON of receiving approval for annexation of the subject property from the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the impact to the intersection of Griffin Drive and Bridger Drive, which will be caused by the development of the above-described property, the owner has waived and do hereby waive for itself, its successors and assigns, the right to protest the creation of one or more special improvement districts for paving, curb, gutter, sidewalk, drainage, and signalization of the intersection of Griffin Drive and Bridger Drive; or to make any written protest against the size or area or creation of the district, or method of assessment to be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. 1...Cglil~~I.DNEXAnON.AGREEMENT 1..I..I..I..I.liiililililill~lililiilliiiIW:li,'.i!\".:i...i.. 23 I .. .. !l 11. ~ In the event an SID is not utilized for the completion of these improvements, the developer CO :I CO = .; l!lI mOlD agrees to participate in an alternative financing method for the completion of said improvements on a m~1 S... fair share, proportionate basis as detennined by square footage of property, taxable valuation of the N-- .- N-- 11.- : property, traffic contribution fonn the development, or a combination thereof. -- -! This waiver shall be a covenant running with the land and shall not expire with the dissolution of - -u II) ~ the limited partnership, provided however this waiver shall apply to the lands herein described. l- E (I -u .5 The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the !!!!!!!!!!!!!I ~ i successors-in-interest and assigns of the parties hereto. Z ~ DATED this zlf_ day of ~ UJk1 , 20~ ~ - - ~ - "0, __,__ LANDOWNERS ~ Shaun Shahan '- STATE OF MONTANA ) ) ss. County of Gallatin ) On this~ day of 5 , 20C)A(before me the undersigned, a Notary Public for the State of Montana, appeared, Shaun Shahan, known to me to be the f-!,/YY1 t,~A_ of Snowload LLC, and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of Snowload LLC. ,,-i"h,...v-i,.....,~.. ' . .......~ ~ U A, "...... . /..~....~........lN.~T.\TESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day f ~:'i~tei/ft14~.~~e written. .~.. ~1.i" i ~.-t.~ 00" .. .~:.: ~ ,1 ..': ':~ { ,.,,' t~ ~ :- ~\,:P;...i:" (SE~~l/ . ...." . ~ ,"- ,'", if,. ..",...,,- ~ ~::~'-' . ta,\l ,," IC for the State of Montana Janet D. Broadbrooks Not~ry Public for the State of Montana (Printed Name) ReiIQIAli/ a~ Bozeman, Montana My Commission Expires January 25, 200 ., I CREEKWOOD.ANNEXATIONAGREEMENT 24 I ." .. .. ~ Residing in Bozeman, Montana My Commission Expires / /20 hAiA--- -- Michael A. Promisco STATE OF MONTANA ) ) ss. County of Gallatin ) On this ~ day of ~ J /24 ./ _ , xxi. before me the undersigned, a Notary Public for the State o~ e;ntana, personally appeared, Michael A. Promisco, known to me to be the ~ of Snowload ILC, and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of Snowload LLC. ~"""hllJ .,~. ,,0 A' #''''-. '!$~ ~.;t:~!~!lMt'~:~NESS ~REOF, I have hereunto set my hand and affixed my Notarial Seal the day ::I:.....~'..~ove wntten. II' ,,'" ,'::":I':":""",,";/'. ~ I au .'tQ.~f,,!i""':"";;t;'''' i ~ .'''''.'''U'''' '* z:.: .'i\" ~ ",.",,~y c ~ ."""'_ d:.:t ~ ~~ ~ .',.v .!"'.,~ = ~ ..-a' ~... .....';}'":;.,\trJ!A(iJ~' ~ '. /;'f:""",i':\(~(.:T., ':.," '. ~ ,jt ",,;,"~~hl,(S~ . :.f", ,... I.;..,;:,:". T\'''\'::~' ,i~.' "". (-1,1 ~ .........."t:; :~'!I'*.. '"'''' rt 0' " ", CO t CO X ..t Janet D. Broadbrooks 19 mOl m... f\lnt;lry pllhlir. for the State of Montana 8.....~ (Printed Name) Residing a~ B~zenlafl, Montana 8' ..CD R 'd' . B M My Commission Expires January 25,200 N..... .- eSl mg m ozeman, ontana N..... 0.- My Commission Expires / /20 =: - -. -19 Of) -..... -~ _E ~ 0 -u _I:: -- -. -- -- -; _3 =1:: ~~ ~ =- - _i ....- --- I CREEKWOOD ANNEXATION AGREEMENT 25 I <C. , '" . co I; ID EXHIBIT D co= 3 GlOID WAIVER OF RIGHT TO PROTEST GIll: : CREATION OF SPECIAL PARKS MAINTENANCE DISTRICTS Q !::! N uGl CREEKWOOD ANNEXATION -- D_ N-- IL- _6 The undersigned owners of the real property situated in the County of Gallatin, State of _6 _. -6 ="" _N - Montana, and more particularly described as follows: iiiiiiiii - =~ .... A tract ofland being the second tract described in Document No. 2012272, Records ofOallatin _E -Ii: County, situated in the E1/2SE1/4 Section 32, Tl S, R6E, P.M.M., Gallatin County, Montana, - 0 and being further described as follows: u - _t; -- =... -- Beginning at the 1/4 comer common to Sections 32 and 33 in said Township and Range; thence -.... -.... -c'J along the section line between said Sections SO 1 059'43 "E a distance of707. 93 feet to a point on -. -- the northerly right-of-way line of Montana Highway 86; thence along said right-of-way line _0 =1: -~ S4903 7'40"W a distance of 42.31 feet, S40006'1O"W a distance of 133.07 feet, S49037'40"W a -~ distance of 805.33 feet, along a curve to the right having radial bearing ofN40023 '5 5 "Wand a =.... j radius of 1086.00 feet a distance of 432.62 feet, S17021'34"E a distance of 20.03 feet, and along a non-tangent curve to the right having radial bearing ofN 17008'23 "Wand a radius of -- I 066.00 feet a distance of190.92 feetto a point on the E1/16 line of said Section 32, said point also being on the east line of Lot 1 of Ed Vogel Subdivision No.1; thence along said 1/16 line and the east line of said Lot 1 NOl 043'31 "w a distance of1630.06 feettothe C-E1/16 comer of said Section 32; thence along the E-W mid-section line of said Section 32 S89049'43"E a distance of 1312.37 feet to the Point of Beginning. Said tract being 37.743 acres. IN CONSIDERA nON of receiving approval for annexation of the subject property from the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the impacts on the City's park facilities and the need for the maintenance of municipal park areas to serve City residents, the owners have waived and do hereby waive for themselves, their successors and assigns, the right to protest the creation of one or more special parks maintenance or improvement districts for a City-wide Parks Maintenance District, or to make any written protest against the size or area or creation of the district to be assessed in response to a duly passed resolution of intention to create one or more special parks maintenance or improvement districts. IClUJEg~.~l~~Ul'tDN AGREEMENT l'li!I'::::: n:'li~II~III!I~lll'l'lllllllllll'l!i:I!I'lliIlliilmi~:'II!:~Jll'll!l'llll 'Il'll'llll,!!!!!!!!"ll"ll'lll'llll'llllIlllll'l ::'k::::::':.'~;'::~ 26 I ~ .. . ~ ,. In the event City-wide Parks Maintenance or Special Improvement Districts are not utilized for CO ! COI: the City-wide park maintenance, we agree to participate in an alternate financing method for 0101 OJ <II ::: QN_ completion of said improvements on a fair share, proportionate basis as determined by square footage N"GlI e_ N-- ..- D.- I of the property, linear front footage of the property, taxable valuation of the property, or a combination _. -G ~ ~ thereof. u -co This waiver shall be a covenant running with the land and shall not expire with the dissolution of ... _E ft: 0 the limited partnership, provided however this waiver shall apply to the lands herein described. u .5 ----........ ~ The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the ... .. _ell -' S successors-in-interest and assigns of the parties hereto. _c: iii; :; LANDOWNERS _a -. --..- Shau ". STATE OF MONTANA ) ) ss. County of Gallatin ) On this 2!L day of J./ /U .J_ S- ,200;(, before me the undersigned, a Notary Public for the State of Montana, personally appeared, Shaun Shahan, known to me to be the ... N~ of Snowload LLC, and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of ~"Snew~ LLC. /, \J A<O< .. .... , ~ '()~ .'. . '11). .. ' , . 0". l'~,:"'" 't-! t ~il'i~NESS 'YHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day ~t; f.~\ yea:\jff!... Gpove wntten. i:&:' o.~. :~: J. .IL ". ~".. ,.' ..... .. ':~..: \ ~ .. ' lI. ~~ .: ~. J'.... ,- ~L) 4f4i ,. '""......' ,," ""'I,.~, ,. E c f " Janet D. Broadbrooks Notary Public for the State elf Montana (Printed Name) Residing at Bozemm1, Montana g My Commission EXf.ilies January 25, 200 Residing in Bozeman, Montana My Commission Expires / /20_ I CREEKWOOD ANNExATION AGREEMENT 27 I -- -, '~..~- .-- --.- ,-,., ---.---- . _ _ __n - .. . f' .. ~ f:{~ - ich~ . romisco STATE OF MONTANA ) ) ss. County of Gallatin ) On thisdi day of --.J -/ /J4 ./ _ 5 , 2001. before me the undersigned, a Notary Public for the State of Montana, personally appeared, Michael A. Promisco, known to me to be the 14/)'J? WA ~ of Snowload LLC, and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of Sn?~R~i~~C. ...-i''- ,aUA, ......;.0 . ~~'"''\t.~.....t,~tWl~ss WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day f4..'~ltA-"M . ,;,:,1 ~i~ . .......~" tgt;;e wntten. ~ : . U~b: : -: ...:.. ~ \ ..... . . : ~ -0:-. U(" " ,:'..: ~ :' ~.U';.;. . .' (SE~krl -II.. ..... ""~' 4, ...."'... <::J",""".. ~OF \1," , I ~ '. CO D- o .. CO:; .J2:iCt O. Broadbrooks _ GlOB Notary Public tor the State A Montana GIt::: (Printed Name) Residing at l:3ozeman. Montana oK' . - N&~ Residing in Bozeman, Montana My Commission Expires January 25, 20 N-- D-- _0 My Commission Expires / /20_ _8 -- -. (OJ N -u UJ ... _IE: Ii: 0 u -c: !!!!!!!!!!!!!!! ... =- -- ~~ -0 ... -I > : ::: -- _.I:; _UJ ..---.-, --.. I CREEKWOOD ANNEXATION AGREeMENT 28 I h - .' ~ 1IIII!m~IN.i1I~ml~1 ~~;~~~~~p Shelley lIanoe-Gallatin Co I'Ir I'IISC 231ll,1ll1ll__-- ""- "---...-. PUBUC STREET EASEMENT Snowload LLC , GRANTOR, in consideration of $ 1.00 and other good and valuable consideration, receipt of which is acknowledged, grants to The City of Bozeman. a municipal corporation of the State of Montana, with offices at 411 East Main, Bozeman, Montana 59715, GRANTEE, its successors and assigns, a perpetual street and utility easement for the use of the public, in, through, and across a strip of land situated in Gallatin County, Montana, to be located on the following described real property: EI/2 SEI/4 Section 32. TIS. R6E. P.M.M.. City of Bozeman. Gallatin County. Montana The easement is more particularly described on the attached Exhibit~ which by this reference is made a part hereof. The GRANTOR states that it possesses the real property described above and that it has a lawful right to grant an easement thereon. The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy the rights and privileges herein granted without any interruption by the GRANTOR. The tenns, covenants, and provisions of this easement shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto. DATEDthis \5" day of ~j .2005. GRANroR ~ ittoad~~ Snowload L~ . By: Michael A Promisco, Member By: Shaun Shahan, Member STATE OF MONTANA) )ss. County of Gallatin ) On this.l5::" day of ~ \u~ ,2005, before me, the undersigned, a Notary Public for the State of Montana, personally Michael A. Promisco and Sbaun Shahan, known to me to be members of Snowload LLC and the persons whose names are subscribed to the within instnunent, and acknowledged to me that they executed the within instrument for and on behalf of Snowload LLC. - ..oi~ .. . .. !'" IIIIIII.~.II ~~!.~~~ , ... . 8he11ay Vanoa-Oal1aUn Co fliT fIIIIC 230,00 ....~ ,,- -..,-- IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year fIrst above written. ~\\\\ \ \ Illll! II/iii ~E [) 1///<< .. . . . I-O~' ~.. "..", ~ It ..~ ~ ~U\.. C~e, b.(llel'lt'(\ ~~.' '.~~~ -~ J.... ~OTAR'd .....~- ::: It )i"'ll"''''''~ ~ ..t . .... . rn ;: ;:i (,) . -'- . Z ~ NotaIy Public for the State of Montana -.:. k'. SEA L . * :E Residing at J1x,?.trY)1n ~ -;;:~ t, a .it ..~.:: ;.;:.- ....\ '" . ~ ~ '''-2'~';)~' . . . . .~~ ~ My Commission Expires f'll'1l---- <</1. ....' OF MO' ~~ III1 \\\.... 1111/11It IIn \ '.\ \\ ACCEPTED: C(2,wA ~. CITY OF BOZEMAN by its C; ty ~1anager to, .,. .":'. i- ',1. '.. .'_ _ .... ____( ~n "'l' ~'-----'"'I'- ....' w ___ .....-~..._~ 7.--m~tv'fA,}~A) ~"--:,"'i;, ",\ )ss. Coun{.1 'btt()Mltitin ) On Ibis In f1- day of ~ ,2005, befure me, a Notary Public for the Slate of Montana, personally appeared CH S KUKULSKl and ROBIN L. SULLN AN, known to me to be the City Manager and Clerk of the Commission, respectively, of the City of Bozeman and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. / IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and yeaJi'flJ'st above written. ",.,:.",\:',',>."" ~ ',:; ; i' ,:'(.' ,. . ...-"~. ~..".... .... MEL~) ...\; . N~~~ 'lift, .......... ... . 'oi>' ... Ii, .... . ~. '. ..'. 0 Ii", c- "'. : . "fP ';." ~. :"!:/ ~ "9. \\",'\\ ;~: ~ :z: ", -f . __ .. -- . : ....~ . 7... >'~: Residing at '~; ~\ ~I-/~" My Commission Expires a IlS-/z Of}? .'~ III. ,. ~ '. '" .... " . ~ -, ~~. .............. ., ;a.lU.'A ....- --'-'-'-~-- .,...... "",.'" .. I1I1I1111111111111111111111111111111111111111111111111 ~~~~~~0~~P -. i Ihlll.y V.ri".Oallatin Co MT MISC 2:t0.00 " ._..~.-.,. EXHIBIT A SHOWING A PUBUC STREET AND ~ EASEMENT ACROSS PORTIONS OF THE El/2SEl/4 SECTION 32. TIS. R6E. P .M.M.. CITY OF BOZEMAN. GALLATIN COUNTY, MONTANA . ~ T - I .-.-.. TRACT 2 DOCUMENT No. 2012272 S17"21'34"E 20.03' N01.43.31 12.19' Y B6 HIGHlYA MONTANA DESCRIPnON Beginning at a point on the E1/16 line of Section 32, TIS, R6E, P.M.M., which bears N01.43'31"E a distance of 12.19 feet from the southeast corner of Lot 1 of Ed Vogel Subdivision No.1, said point also being on the north right-of-way line of Montana Highway 86 and the southwest corner of the second tract of land described in Document No. 2012272, Records of Gallatin County; thence along said 1/16 line N01.43'31"W a distance of 18.09 feet; thence along a non-tangent curve to the left having a radial bearing of N7.46'17.W and a radius of 1086.00 feet a distance of 185.81 feet to a point on the sold right-of-way line of hAontana Highway 86; thence along the property line of sold tract of land 517.21'34"E a distance of 20.03 feet to another point on the said right-of-way line of Montana Highway 86; thence along a non-tangent curve to the right having a radial bearing of N17"08'23"W and a radius of 1066.00 feet a distance of 190.92 feet to the Point of Beginning, Sold easement area being 3,601 square feet.