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HomeMy WebLinkAbout05- Smith #3 Annexation r -- .~ -.",- ."r~~~:. CD ! .~,' . .J CO.., . , mC'uI mal SMITH #3 Q.-- ~ ANNEXATION AGREEMENT N ..CD .- ~ .- Ne- 0..... ===~ 19th day of September, 2005, by and =~ THIS AGREEMENT is made and entered into this - ~ between the CITY OF BOZEMAN, a municipal corporation and political subdivision of the State of _i Ii: Montana, with offices at 411 East Main Street, Bozeman, Montana 59771-0640, hereinafter referred to as -0 u - - 5 "City", and Douglas L. Smith, 4521 Durston Road, Bozeman, MT 59718, hereinafter referred to as _e -- -- -e =w - i "Landowners". -e -> _ ~ WITNESSETH: lIIi WHEREAS, the Landowners are owners in fee of a tract of certain real property, hereinafter _II) ..~_..' referred to as the SMITH #3 ANNEXATION, situated in Gallatin County, Montana, and more particularly described as follows: A portion of the EYzSWl;4 and the WYzWYzSEl;4 of Section 3, T2S, RSE, Gallatin County, Montana, consisting of ::!:88.35 acres, and the adjacent public rights-of-way of Flanders Mill Road and future Oak Street extended. WHEREAS, the Landowners have petitioned the City for annexation of the contiguous tract; and WHEREAS, the SMITH #3 ANNEXATION is not within the corporate limits of the City or other municipality but is contiguous to the City and may therefore be annexed to the City in accordance with the provisions of this Agreement and M.C.A. Title 7, Chapter 2, Part 43, and WHEREAS, all parties recognize that the annexation of the SMITH #3 ANNEXATION pursuant to Section 7-2-4301, 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 7-2-4305 provides that a municipality and landowners can agree to the provision of services to the area to be annexed; and WHEREAS, the City's present water supply is insufficient toe nable it to supply reasonably adequate water service to additional customers outside the present city boundaries; and ISMJ~l:l"~~"~NNEXA Tf@~"~~'.fITT '.",:, I t 1 , , , .. , 0. ID ~ WHEREAS, the Landowners wish to convey to the City certain water rights or take some CO" m~ii!i ....10 mOl equivalent action to provide water and sewer service to the SMITH #3 ANNEXATION; and 6)N~ N.~ N::: WHEREAS, all parties recognize that the development of the SMITH #3 ANNEXATION will 0.- _19 _8 -. -N :a require additional public street improvements for traffic circulation on Ferguson Avenue, Oak Street, _ :!! Durston Road and Flanders Mill Road; and ==IE -Ii: WHEREAS, all parties recognize that the development of the SMITH #3 ANNEXATION will -8 - _I: ~ impact the intersections of Oak Street/Ferguson Avenue, and Durston Road/Ferguson Avenue, and -.... =- -0 Iiiii I WHEREAS, the Landowners finds that this Agreement will provide for the most satisfactory and =1 ~:> iiiiiiiiiiiiiii - ! dependable water supply or service available to furnish water and provide traffic circulation for iiiiiiiiiiiiiii .. ~.c. _UJ ____development near and within the SMITH #3 ANNEXATION; and WHEREAS, the making and performance of this Agreement is desirable to promote the development of the most adequate water supply and traffic circulation pattern for the City as it now exists and as it is reasonably expected to enlarge; and WHEREAS, the securing of an adequate water supply and traffic system by the City is necessary and of mutual advantage to the parties hereto; and WHEREAS, the parties have determined that it is in the best interests of the City and the Landowners, and in furtherance of the public health, safety and welfare of the community to enter into and implement this Agreement. IN CONSIDERATION of the mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. Recitals. SMITH #3 ANNEXATION is adjacent to the existing right-of-way for Flanders Mill Road. 2. Annexation. The Landowner filed an application for annexation of the SMITH #3 ANNEXATION with the City. ISMITH #3 ANNEXATION AGREEMENT 2 I - \ , ' , · 1IIIIIIIIlIWI ~~~~~g~~ Shelley Vanoe-Gallatin Co I'IT I'IISC 202.00 ....... j The City, on June 14, 2004, adopted a Res<nunol1Of1ntenflOAnnexthe SMITH #JANNEXA tION. By execution of this Agreement, the City has manifested its intention to annex the SMITH #3 ANNEXATION tract pursuant to the terms and conditions of this Agreement. Subject to the provisions of Title 7, Chapter 2, Part 43, the City shall, upon execution of this Agreement, adopt a Resolution of Annexation of the SMITH #3 ANNEXATION to the City. Further, upon the execution ofthis Agreement, the Landowners shall do all things necessary and proper to aid and assist the City in carrying out the terms, conditions and provisions ofthis Agreement and effectuate the annexation ofthe SMITH #3 ANNEXA nON 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 SMITH #3 ANNEXATION, as provided in this Agreement. 4. Municipal Water Service Defined. The term "municipal water service" as is used in this Agreement shall be the service which is supplied by the City in accordance with Chapter 13.12, Bozeman Municipal Code, or as may be amended, as well as any other terms and conditions which apply to the City's provision of this service. The term does not contemplate the extension of lines or construction of necessary improvements at any cost to the City for delivery of water to and within the SMITH #3 ANNEXATION. Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition, engineering, construction, and other costs for the delivery of water to or within the SMITH #3 ANNEXA nON to include, but not limited to, any impact fees, hook-up, connection, or development charges which may be established by the City. 5. Municipal Sewer Service Defined. The term "municipal sewer service" as is used in this Agreement shall be the service which is supplied by the City in accordance with Chapter 13.24, Bozeman Municipal Code, 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 I SMITH #3 ANNEXATION AGREEMENT 3 I - ' , · .' 11111111~1111 ~~~~~~ .. Shellev Vanoe-Gall.Un Co 111 I1ISC 2m2. mm , not contemplate the extension ofliries or construction of necessary improvements at any cost to the City for collection of sewage at and within the SMITH #3 ANNEXA nON. 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 SMITH #3 ANNEXA nON to include, but not limited to, any impact fees, hookup, connection, or development charges which may be established by the City. 6. Water Rie:hts. 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 often (10) acres, this policy shall be carried out prior to final plat approval of each development phase. Section 2, No.5, Commission Resolution 3 \37. Adopted August 19. 1996 The Landowners shall provide sufficient water rights or cash-in-lieu as calculated by the City in accordance with its policy at time of calculation. The Landowners further understand 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. The Landowners agree to provide sufficient water rights or cash-in-lieu of water rights prior to filing of any Final Subdivision Plat, Final Site Plan approval, or the issuance of any building permit, whichever occurs first. 7. Comprehensive Water and Sewer Desie:n Repo~ 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 capacity to serve the full ISMITH #3 ANNEXATION AGREEMENT 4 I ~ ~ , · 1IIIIIIIIIIIIImlm ~;~&g~~ ... \ Ihell.y V."e..Q'11.ti~ eo MT MIse 212.10 development of the land. If adequate water and/or sewer capacity is not available for-full development, the-- report must identify necessary water system and sewer system improvements required for full development. The Landowner agrees to complete at Landowner's expense, the necessary system improvements to serve the full development. 8. Future Development The Landowners understand and agree that all future development on the SMITH #3 ANNEXA nON Tract shall be served by City Water and Sewer as provided for in the City's facility master planning documents. The Landowners understand and agree that municipal services are not currently available to the area proposed for annexation and that there is no right, either granted or implied by the City, for the Landowners to develop any of the SMITH #3 ANNEXATION Tract until it is verified by the City that necessary municipal services, including but not limited to police and fire protection, are available to all or a portion of the SMITH #3 ANNEXA nON Tract. Landowners further understand and agree that at the time future development provides municipal water and sewer services to the existing residences, that they must connect to these services. After connection to city water services, any existing wells may be used only for irrigation purposes only, and the septic systems and tanks must be properly drained, filled and abandoned. Upon future development of the SMITH #3 ANNEXATION Tract, the City Water/Sewer Department will review plans for development ofthe proposed water infrastructure when they are provided and make any recommendations required to supply water to any proposed development on the SMITH #3 ANNEXA nON Tract. 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 no existing structures on the property. At the time new structures apply to connect to the City's Water and I SMITH #3 ANNEXATION AGREEMENT 5 I '. , . , IIIIIIII~I~II ~~~~r~~ .; " '. ,",Ii_v Y.~~Q.ll.tln Co MT MIse 212.00 Sewer facilities, the Landowners shall pay all-water and Sewer- Impact Fees, which are due. The - Landowners and any 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, 3.24.060.A, 3.24.070.A, or 3.24.080.A, respectively. Ifimpact 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, the Landowners agree to pay the City fees or assessments established by the City for impact on City services in accordance with a new or revised Chapter of the Bozeman Municipal Code lawfully enacted as a result of such court decision after the date of the court decision. If, prior to enactment of such revised Chapter, the Landowners apply for any permit, which actuates or would have actuated impact fees pursuant to the current Chapter 3.24 of the Bozeman Municipal Code, the Landowners further agree to pay at that time, the amount calculated for 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 landowners would have been entitled to a refund under the court's decision but were it not for the sole fact of the landowners paying impact fees because of this agreement, then all such 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. 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 landowners. All accumulated interest on the sum held in escrow shall be released to the City or landowners 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 SMITH #3 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. ISMITH #3 ANNEXATION AGREEMENT 6 I , , ., IIIIIIII~III ~~~~~9~~ ., ; Shelley Vanoe-Gallatln Co MT MISC 202.00 , / If the Landowners default on this condition at the time such is to be performed, arid should default not be remedied or corrected within thirty (30) days after written notice by City to the Landowners of such default, City may at their option: A) Declare the amounts owing for impact fees immediately due and payable and City shall have the right and privilege to take legal action against Landowners for the collection of such sum, including the entry of any judgment. In addition, the City may, at its option, enforce payment of such amount by levying an assessment on the premises. B) Elect any other remedy available to City under the laws of the State of Montana. C) Any waiver by City of any default shall not be construed as a waiver of any subsequent default. D) It is agreed that it shall be no defense to the enforcement of this provision by 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, landowners will pay such amount as specified above. 10. Stormwater Master Plan Landowner understands and agrees that a Stormwater Master Plan for the SMITH #3 ANNEXATION for a system designed to remove solids, oils, grease, and other pollutants from the runoff from the public streets mustbe 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 storffiwater maintenance plan. 11. Traffic Analvsis Report Landowner shall provide a detailed Traffic Analysis Report( s) at the time of future development of any portion ofthe annexed property. 12. Waiver of Rie:ht-to-Protest Special Improvement Districts The Landowners have executed a Waiver of Right-to-Protest Creation of Special Improvement I SMITH #3 ANNEXATION AGREEMENT 7 I . · . IIIIIII.~III ~.?,;~~9~: Shellev Vanoe-GallaUn Co I'IT I'IISC 212. II . _,./ District for aJ Street improvements i~c7udingpaving, curb/gutter, sidewalk and stor';'. drainage facilities for the following streets: Durston Road. Flanders Mill Road, Oak Street, and Ferguson Avenue; bJ Signalization Improvements for the following intersections: Oak Street/Ferguson Avenue. and Durston Road/Ferguson Avenue; and cJ trunk sewer main to serve the northern portion of the property: andfor a park maintenance district. Said Waivers are attached hereto as Exhibits A and B. 13. 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 appropriate development procedure, but in no event later than the filing of any final plat or site plan or issuance of a building permit on any of the parcels. 14. Parks. Open Space and Trails Landowner understands and agrees that any contiguous parks, open space, and/or trails shall be extended to the annexed property. The Landowner shall ensure that an assessment and feedback from the Park and Recreation Advisory Board addressing adjacency of the future regional park and connectivity of the project's proposed park and trails master plan is presented with the annexation agreement. 15. Diversitv Landowner understands and agrees that to achieve the goals and objectives set forth in the Bozeman 2020 Community Plan, a diversity of housing types and (net) densities shall be provided. 16. Additional Terms of Waivers The parties recognize that these documents shall be executed and returned to the Bozeman Planning and Community Development Department within one year of preliminary approval of the annexation request by the Bozeman City Commission. The parties also recognize that these documents shall be filed and of record with the Gallatin County Clerk and Recorder prior to the sale or transfer of ownership of any ISMITH #3 ANNEXATION AGREEMENT 8 I . . 1111111~INI.I~llmlllll ~.~~9~~ . . SMillev Yano."GaUaUn Co I'IT I'IISe 21ll2.1ll1ll " - _..- -. . -" land within the SMITH #3 ANNEXA nON. The parties further agree that the City may file these documents at any time. 17. 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 concerning this Agreement, venue is in the Eighteenth Judicial District Court, Gallatin County, State of Montana. 18. Attornev's Fees In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any ofthe terms or conditions ofthis Agreement, then the prevailing party shall be entitled to reasonable attorney's fees and costs, to include the salary and costs ofin-house counsel including City Attorney. 19. 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. 20. 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. 21. Modifications or Alterations No modification or amendment of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto. 22. No Assie:nment It is expressly agreed that the Landowners shall not assign this Agreement in whole or in part without prior written consent of the City. ISMITH #3 ANNEXATION AGREEMENT 9 I '-" ~( 'i : . . IIIWII~nl!mlnl~II~1 ~;~~,~~ . . 23. Successors Shell., Venoe.G.ll.tin Co MT MISC 202.1lI1l1 ''--- ,~ 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. 24. 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. STATE OF MONTANA ) ss County of Gallatin ) On this -1 Lff'b day of June ,2005, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Douglas L. Smith, known to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. " .J ~."""......, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) ~\,\\\\\H f 111111111 ~rir1L t. KJ>tntn ~TJ~ ~'\ ~E 0 III. ~ ~\ ..t;~ ~<(; ..... O~ ~. . ~ s~. .(-\~ (Printed Name Here) ~. ,\ ;:;:. Ei". ~OTARI-4i' "t- ~ s<- -mE Notary Public for the State of Montana = 0 . --- . 2 ~ Residing at _Ba1ema.n , Montana %,*'. CFA T :;g ~ t1' . u..;,-U. ......J:....1 01 v- ~ My Commission Expires */2J.!'UJfJ1--- ~ ~ . . '" ,,~ ~ "'9 . - ,~.;..-:-..... (Use four digits for expiration year) ~ /'~"'" ",-C"':$' 0/1. OF t ~O\~ .,~. '/11 '" \\';.' 11111i 1111\\ II \1\\ ISMITH #3 ANNEXATION AGREEMENT 10 I '- 111111111.~llnl ~.~!~~~ .. , . .. . Ih.ll.v V.no.-Gallatln Co ~T ~IBC 202.00 ''-..._----------- ._..~, ".. CITY OF BOZEMAN C~A~ By: Chris KUkulski, City Manager Cleo of . ,~miss!on -, ','.. ; "'0,"~~ '\ ~::3~ ~ STA~ROF~~~A') . ,~ . " ~ ;: ~;, ' ,.J>"'"",- ..........' ~....,'::..... ,...... ss "-........._~~ '" County or Gi4lIiKin 'c..' ) On the -1i-fl-aay of ~~005, before me, a NotaIy Public for the State of Montana, personally appeared CHRIS K KULSKI AND ROBIN L. SULLIVAN, known to me to be the CIty Manager and Clerk of the 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 Notarial Seal on the day and year first written above. (SEA4)[, ~ .,' 'i:," ~I .....,~,'..~ .:..'1/' CD" 0 .. ," t;:: It:')'- , e State of ': ,;" ,. ~l.,!. . Notary Public for ontana o ! . ~,,- ~, ~\> -:: .' Residing at Bozeman, Montana ~'\" ~,.,., I~:.'.f: Commission Expires: 3/?-<.<,;,7uo 7 '''':,.., ". . \.. ,{) ...;:.,; \?> . I SMITH #3 ANNEXATION AGREEMENT 11 I . ..-- .n_ I.IIIIII~.~I ~~.~~~.~~ Shelley Vance-Gallatln Cc MT MISC 202.00 ',~_.~ EXHIBIT A WAIVER OF RIGlJT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS SMITH #3 ANNEXATION The undersigned owners of the real property situated in the City of Bozeman, County of Gallatin, State of Montana, and more particularly described as follows: A portion of the E~SW~ and the W~W~SE~ of Section 3, T2S, RSE, Gallatin County, Montana, consisting of :i88.35 acres, and the adjacent public rights-of-way ofPlanders Mill Road and future Oak Street extended. IN CONSIDERATION of receiving approval for annexation for 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 which will be caused by the development of the above-described property, 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: a) Street improvements including paving, curb/gutter, sidewalk and storm. drainage facilities for the following streets: Durston Road, Flanders Mill Road, Oak Street, and Ferguson Avenue; b) Signalization Improvements for the following intersections: Oak Street/Ferguson Avenue, and Durston RoadlFerguson Avenue; and c) trunk sewer main to serve the northern portion of 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. In the event Special Improvement Districts are not utilized for the completion of these projects, we agree to participate in an alternate rmancing method for completion of said .< . improvements on a fair share, proportionate basis as determined by square footage of the property, linear front footage of the property, taxable valuation of the property, or a combination thereof. This waiver shall be a covenant running with the land and shall not expire. The terms, covenants and provisions of the Waiver shall extend to, be binding upon the successors-in-interest and assigns of the parties hereto. DATED this ~day of .JVN IE ,2005. STATE OF MONTANA ) ss. County of Gallatin ) On this ~ day of --.J rJ nt. , 2005, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Douglas L. Smith, known to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) ~\\\\ \11 1111""111 ~Y1'~6 ~J1(1\ ~ ~~ ~\.... ~E 0 1111.1. /~\ . -t;:I~ ~..1I....0~ ""~. .'(~~ (Printed Name Here) ""k . ' ... ~< .l\OTARI-4i.-t.,* Notary Public for the State of Montana ~ · . '11'\'- :: 0 · -'- : z ~ Residing at -~0'1~~ ' Montana ::: * .,.... ::: * . ~;j::AL : * is ,a f/I . &..;.& .;: My Commission Expires /IJA I UlJIff ~~. ..~,~ ~ ~~ .' ~. (Use four digits for expiration year) ~ · . .. . \~Tr',~ ~i'i'lt · OF MO\'l. \\,:\*" 11111/11/1 11111\\\\\\ 111111111111111111111111111111111111111111111111111111 ~~B~~~0~~P Shelley Vlnoe-Glllltln Co MT MISC 202.00 \..... ._'''-,,-~,,-_... .....- , , 11111~1.~I~lm ~~~~~~~ .. Shelley Vana'''OIUaUn Co I'IT I'IISC 202.00 ---.~-- --,-..-..... EXHIBIT B WAIVER OF RIGHT TO PROTEST CREATION OF PARK MAINTENANCE DISTRICT SMITH #3 ANNEXATION The undersigned owners of the real property situated in the City of Bozeman, County of Gallatin, State of Montana, and more particularly described as follows: A portion of the E%SWlf4 and the W%W%SElf4 of Section 3, T2S, R5E, Gallatin County, Montana, consisting of :t88.35 acres, and the adjacent public rights-of-way of Flanders Mill Road and future Oak Street extended. IN CONSIDERATION of receiving approval for annexation of the subject property from the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the impacts which will be caused by the development of the above-described property, has waived and do hereby waive for itself, its successors and assigns, the right to protest the creation of a city-wide park maintenance district which will 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 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. In the event Special Improvement Districts are not utilized for the completion of these projects, we agree to participate in an alternate financing method for completion of said improvements on a fair share, proportionate basis as determined by square footage of the property, linear front footage of the property, taxable valuation of the property, or a combination thereof " . This waiver shall be a covenant running with the land and shall not expire. The terms, covenants and provisions of the Waiver shall extend to, be binding upon the successors-in-interest and assigns of the parties hereto. DATED this I L/ oJ day of rUlle ,2005. STATE OF MONTANA ) ss. County of Gallatin ) On this I Ll1b day of -.JV Ylt , 2005, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Douglas L. Smith, known to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) \\" \ \\ i i I; i 11/1/1, :>,\\ E 0 III/. ~'\ <(o.\N . k: ij/. ~<<; ..... O~ (Printed Name Here) ~. . <"~ ~~ II il \ ~.. Notary Public for the State of Montana f J..... . .~O,. AA/-4i' "t- % == 'C('. .m=: Residing at -Boz~^ . ' Montana == (.) . --- . z =: %*'. SEAL :*~ My Commission Expires ""/'" I~ ~U'l' .~~ (Use four digits for expiration year) ~~. .. ~~ "Z~. .~~ ~ l:ti.....~ ~~ ~IIII. OF MO" \\\,o$f ~'III1I1I1H\\\\\\" II~ IIII ~III ~I mIl Iii ~~;~r.~~~p Shelley Vance-Gallatin Cc "T "ISC 21ll2.00 '- _. . -~~._..,."_._.^.~'~- . -y " . , 111.111!1I11~liUlIIII ~~~~~: " Shelley Vanoe-Gallatln Co MT MISC 202.0C1 PUBUC STREET EASEMENT DouR:las L. Smith . GRANTOR, in consideration of $ 1.00 and for other and valuable considerations, 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, thirtY (30) . feet wide to be located on the following described real property: E Y2 SW Y4 Section 3. TIS. R5E. P.M.M.. 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 he possesses the real property described above and that he 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. DATED this lDa day of ,Ju N E . 2005. STATE OF MONTANA) )ss. County of Gallatin ) ~ ~ On this2~- day of 1.A..t'\..i.... ,2005, before me, the undersigned, a Notary Public for the State of Montana, person ly appeared Douglas L. Smith, known to me to be the person whose names is subscribed to the within instrument, and acknowledged to me that he did execute the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. '" ~J ~ . , ' \ \ \ ~ I ~"II 111111111111111111 nllllllll~ I ~~.~~~~~ (SE~~O~~' .'. . ~~<;;"'-:.. ,_ 'h.ll.., V.no.~G.l1.tin Co fliT I'l!S~,_..__202,00 . .__ ~Q(~Ol~~/~l.\.p -; lO~~CJDk Ue.onc '\-4.. M\\'\~ ~ *. SEAL : * :: Notary Public for the State of Montana . - 'd' Ir':> "- .1.-\ -::. ~'. .' r:.: Resl 109 at ~oy.M'\.A", ,-, "".,-1~"" ._<<..~<....... My Commission Expires f-\,?r~\"l., z.oo~ , . (:'- OF "I~:,' /1 1'fl ,\ 1'1/1\\\ ACCEPTED: A r~ti/?~ CITY OF BOZEMAN by itsCitv Manager - Clei'kofth't~~ " \~::,~.t ""\ I. < -.,., STATE OF MONTANA) )ss. County of Gallatin ) On this /Cf#' day Of~~. 200S, befure me, a Notary Publicfor the Stare of Montana, personally appeared C S KUKULSKI and ROBIN L. SULLIVAN, 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 year first above written. ,._".,,~) ,-"'. . l: r'....L Iv ">" \w2 ......;.,.......~ ~" · 11i ~ . .... ,:~l~Oi" ...........; ..~ erw ::; / O.~ ~ ',~~ Notary PublIc 0 eState 0 ontana :;: 'C'. ~: :: Residing at ,'.'. . ......."7 >-' - v: -J. :',. \ ,'.;'" r- .,' .;- My Commission Expires lJ1;j '2b) 7 ...... ~. x' ... . ' .. . '\.... -,/'. ~/C.,!II..IIIo......."..~.~~.... lor ....;~I.\.~ , ~ . . . 11~1111111111.lml~~ ~~~~f~~ . ,_ S....l1.V V.no.~G.ll.t1n Co I'IT I'IISC 211I2.11I11I -'--"~..,-" -".".".. ..-- EXHIBIT A SHOWING A 30'-WIDE PUBLIC STREET AND UTILITY EASEMENT ACROSS PORTIONS OF THE El/2SW1/4 SECTION 3, T2S, R5E, P.M.M., GALLATIN COUNTY, MONTANA 4'" . "h....~ T - I 1_-_" DESCRIPllON Beginning at the C-W1/16 corner of Section 3, T2S, RSE, P.M.M.; thence along the E-W mid-section line of said Section 3 N89'48'24"E a distance of 30.00 feet; thence SOO'SO'28"W a distance of 1838.43 feet to a point on the north line of Tract 1 of C.O.S. No. 2360; thence along said line N89'S9'30"W a distance of 30.00 feet to a point on the W1/16 line of said Section 3; thence along said line NOO-SO'28-E a distance of 1838.33 feet to the Point of Beginning. Sold area being 1.266 acres. N89'S9'30-W 30.00' 11'./l("/1 ., .~ " .... . 1111~111~llm!IMlm ~~.~l?~~. Shellev Vance.Gallatln Co "T "ISC 2m2,mm ~,.. ... _..,,- PUBLIC STREET EASEMENT Douglas L. Smith , GRANTOR, in consideration of $ 1.00 and for other and valuable considerations, receipt of which is acknowledged, grants to The City of Bozeman. a municipal corporation ofthe 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, sixty (60) , feet wide to be located on the following described real property: E Yz SW v.. and W Yz W Yz SE v.. Section 3. TIS. RSE. P.M.M.. 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 he possesses the real property described above and that he 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 terms, 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. DATED this 2~ttday of :rUNlJ!F .2005. STATE OF MONTANA) )ss. County of Gallatin ) ~ ~ ' 2005, before me, the undersigned, a Notary Public for On this~ day of the State of Montana, personally appeared Douglas L. Smith, known to me to be the person whose names is subscribed to the within instrument, and acknowledged to me that he did execute the same. IN WIlNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year fITst above written. - ~ .. ... _ _ u.,~ . 11111111111111111111111111111111111111111111111111111 ~~8~~~0~~P \\IIl/lll ,\ M ,," Sh.ll.y V.no.~G.ll.t1n Co "T MISC 212.lm (SE..~~. :.,'1. I//,,. -"0 "0___ ~_."."~,.".~'_.~-~~"-'_._--_. ..---..... .... ~ . . (~ ,.. ". . . -e.~ )-.\. M \ \ IQ.. <t. "'Q' 1AALoq'-9-:' = :~O .' 1.'. -: N tary Publ c for the State of Montana ~*:" SEAL..:*.~ Residing at ~3~/"Y\.o...., "\-\. on~"""'" "'"d);.. .'~~ My Commission Expires A{"f" \ \ Z. 1 2..0 () '3 '. :1'l:' . . .~T'f . " OFlA " " 1 I P 1; l' \. ACCEPTED: C~A~~ CITY OF BOZEMAN by its City. Manager 0 .~I~~~Co~i~ ""l'." .. ,,,,;... ."'...,,\ STAmQE~6NA) , . )ss. County of Gallatin ) On this /q!+-- day of 'ffii~ , 2005, before me, a NolaIy Publie for the State of Montana, personally appeared C S KUKULSKI and ROBIN L. SULLIVAN, 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 year ftrst above written. ,to~'.h~~ HfL ...... ~ ~ .....(p I!I;C: "~ ..) ~~ :;.. ~:.;.. C" HI;' ".."7' :.: : . ~ f"I~ . ~ : ~;jP ~" ,;; .-. ~'. ,J'"' ~ :- Notary Publi~ ontana ~ "'.. :,,,Ir-""~ ,..... ~::::: :.:-........... ~ ,(,,- Residing at . "/,", "^ My Commission Expires . -?/z..'(/2LJ41 .... ... "" ~. . . ,. . 1111~mlll~I~~1 ~~~~~: . ~~'1 Y.no~_-O.lIIHt1 Co I'IT~ISC 202.01l1 .._._~./ EXHIBIT A SHOWING A GO'-WIDE PUBIJC STREET AND UTILITY EASEMENT ACROSS PORTIONS OF THE El/2SW1/4 AND THE Wl/2Wl/2SE1/4 SECTION 3, T2S, R5E, P.Y.M., GALLATIN COUNTY, MONTANA ~ . ". Y"'o 00' -. Vl~ 0 0 VI (, ;' ..1". ~~ - - I I .-.-.. ~ DESCRIPllON ......,500s Beginning at the C-W1/16 comer of Section 3, T2S, R5E, P.M.M.; thence along the E-W mid-section line of said Section 3 to the C-W E1/64 corner N89.48'24"E 0 distance of 1980.89 feet; thence along the W-E 1/64 line of said Section 3 SOO.S8'S7"W a distance of 60.01 feet; thence S89'48'24"W a distance of 1980.74 feet to the , W1 /16 line of sold Section 3; thence along sold line NOO.SO'28"E a distance of 60.01 feet to the Point of Beginning. Said area being 2.728 acres. , .. t'!,,,, . ,. . . IIIIIIII~.~II ~~~~~~~ ,-!h.11.V VanO."'.1 hit In Co I'll MISC 212.11 _.~----------"--------.,~,~ -,_._~' PUBLIC STREET EASEMENT Douglas L. Smith , GRANTOR, in consideration of $ 1.00 and for other and valuable considerations, receipt of which is acknowledged, grants to The City of Bozeman. a municipal corporation ofthe 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, nine1y (90) . feet wide to be located on the following described real property: E Y2 SW Y4 and W Y2 W Yz SE Y4 Section 3. TIS. R5E. P.M.M.. 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 he possesses the real property described above and that he 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 terms, 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. DATED this ~ay of ~KC .2005. STATE OF MONTANA) )ss. County of Gallatin ) "tS On this;;l:l day of 0 ~ , 2005, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Douglas L. Smith, known to me to be the person whose names is subscribed to the within instrument, and acknowledged to me that he did execute the same. IN WIlNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year frrst above written. '- . .~ . , . 1111111111111111111111111111111111111111111111111111111 ~~~~~~0~~P Shelley V'n~e.C.ll.tln Co MT MISC 212,11 (SEAL) '--- ~,.~""_/ \\\11111" "II, "M.M,II, ~~ ~,,~ H. M.\\e.c.- "o~' 0 0 o. .I.( '..... 'It; 0 .~./ ... 0 .-$'''' Notary Public for the State of Montana ~ Q:o~O\ARIAi.o ~ Residingat \ba~c..<"\ \-.-\ 4~....,,- ~ *:. SEAL"=* 1 My Commission xplres ~t'~ \ 7..."" 2 0 0 ., - ~..I'. ~ - -1~. 0 · or#: / 'II OF., \\' 1"'"1''' ACCEPTED: ~A1~ ! CITY OF BOZEMAN .. '~1.')2~:'~ by its City Manager ,'. .....~.. . ',";." '.t."-I""'~''''''''~'~' . ,i\." .,1'''';'. Ii'.".'..~. ,~~~. , "'" I, "oi, '\ . .... 't.,~ 0 of:theCori11n' . iQji:"" '. ,.'.. . lSS, _ . _ . , STAT~OFM6*~Af )ss. County of Gallatin ) On this J qf1.-. day of ~~ , 2005, before me, a Notary Public for the State of Montana, personally appeared C S KUKULSKI 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 WIlNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and yearffrst above written. ..' . j (",..j ~ '<~"" ~~~~ .. ~~Ii~'.''''.'';''.'t.'i;':", ,.::- .,' 0,40 ...... . __ .~ ~ ".., CJ ~I:' ~'"1. 7 ';";oJ i'I'J: ~ '1"\",. . 0 ~'t-.~) - : ~ - "1\'.. t.:r" 1. ~ : .:: Residing at . .... .po ,.... -.:;; My Commission Expires."? /?_.l[, /2lllYJ . ~~~t,. \.II!:: ." .'",~ ".;-. '. ~ ,., "i -,:.. ....,..,... ..::- ,..; .. . ... f , . 1IIIIIIglll.II~11 ~.~~~~~ Shelley V.noe~G.ll.tln Co MT MISC 202.01 -- _0"' -- EXHIBIT A SHOWING A QO'-WIDE PUBUC STREET AND UTIUTY EASEMENT ACROSS PORTIONS OF THE El/2SWl/4 AND THE Wl/2Wl/2SEl/4 SECTION 3, T2S, R5E, P.M.M., GAllATIN COUNTY, MONTANA E-W WJ-SEC71ON UNE . h.-~ T T .---.. 88.348 ACRES -- R3 DESCRIPllON Beginning at a point on the E-W mid-section line of Section 3, T2S, RSE, P.M.M. which bears S89'48'24"W a distance of 4S.01 feet from the center 1/4 comer of said Section 3; thence along the E-W mid-section line of said Section 3 N89'48'24"E 0 distance of 90.02 feet; thence S00"53'36"W a distance of 1970.76 feet to a point on the north line of Diamond Estates Subdivision No.2, Phose I; thence along said line N89"S9'30"W a distance of 90.01 feet; thence NOO"S3'36"E a distance of 1970.4S feet to the Point of Beginning. Said area being 4.071 acres. .'!in 'h ~.... . ,- ~ . ... \IIIIIII~I~I ~~~~~: Ih.ll.Y l,/.no.~G.ll.l1n Co PIT ~~C___~~0.!_________j \.'-~---"'"'"""""'"'---------- Consent to Annexation of Adjacent County Right of Ways to the City of Bozeman I, ~ ~\~ {.\.,.N~ ' Chairman of the Board of County Commissioners, holder of benefici~est in the street rights of way described on Exhibit" A" attached hereto and made part hereof, do hereby acknowledge and agree to the annexation of these street rights of way by the City of Bozeman. Dated this 3 \ "6\: day of ~~s\ , 2005 . Chairman Board of County Commiss oners .. .," ~. .. 1IIIIIIn~.11 ~~~~~~~ ., , Sh'11~V Vano.-Gal1ltin Co ~T ~ISC 212.11 . EXHIBIT A H01JING A 30'-WIDE COUNTY ROAD EASEMENT FOR FLANDER MILL ROAD AND A 65'-WIDE PUBUC STREET EASEMENT FOR FUTURE OAK STREET ACROSS PORTIONS OF THE Wl/2 SECTION 3, T2S, R5E, P.M.II., GAUATIN COUNTY, MONTANA N89"48'24"E 630.02' - - - . ~~ T - I .---.. ~ ~ ~ ~ ::i~ Q:::'- DESCRIPTION l:t!'<t: 'r }.;:c[ ~~ Beginning at a point which tj bears N86"'55' 43-E 0 distance !.:!:! of 1294.58 feet from the W1/4 Q::: comer of Section 3, T2S, RSE, ~ P.M.M.; thence N89"48'24"E a distance of 630.02 feet; thence SOO"51'01"W 0 distance of 65.01 feet to 0 point on the E-W mid-section line of said Section 3; thence oIong the said E-W mid-section line S89"48'24"W a distance of 600.00 feet to 0 point on the W1 /16 line of said Section 3; thence along sold W1/16 line SOO"SO'2S"W a distance of 1838.33 feet; thence N89"S9'30"W 0 distance of 30.00 feet; thence NOO.SO'28"E 0 distance of 1903.23 feet to the Point of Beginning. Said area being 2.206 acres. N89"'59'JO"W 30.00'