HomeMy WebLinkAbout04- McDonald Annexation Agreement
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MCDONALD ANNEXATION
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this S". day of )J(I,~ ~ ,2004,
by and between the CITY OF BOZEMAN, a municipal corporation and political subdivision of the State
of Montana with offices at 411 East Main Street, Bozeman, Montana 59771-0640, hereinafter referred to
as "City", and SAM E. MCDONALD, JR., and JUDITH C. MCDONALD, 2906 2nd Avenue N., Billings,
MT 59101, hereinafter referred to as "Landowner".
WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafter referred to
as the MCDONALD ANlVEXATION tract situated in Gallatin County, Montana, and more particularly
described as follows:
A tract of land being the E Yz W Yz SW V4 and W % W % E % SE % of Section 3, Township 2
South, Range 5 East, Principal Meridian Montana, Gallatin County State of Montana and being
more particularly described as follows.
Beginning at a point on the south line of said Section 3 which bears S89059'47"W a distance of
982.44 feet from the southeast comer of said Section 3, said point being the W-E-El/256 comer
of said Section and the southwest corner of Diamond Estates Subdivision No.1; thence along the
south line of said Section 3 S89059'47"W a distance of 982.43 feet to the W-El/64 comer of said
Section, said point also being the southeast comer of Diamond Estates Subdivision No.2; thence
along the W - E 1/64 line of said Section and the east line of Diamond Estates Subdivision No. 2
NOOo58'57"E a distance of 2642.94 feet to the C-W-El/64 comer; thence along the E-W mid-
section line of said Section 3 N89048'24"E a distance of 988.66 feet to the C-W-E-El/64 corner,
said point also being the northwest comer of Diamond Estates Subdivision No.1; thence along
the W-E-E line and the west line of Diamond Estates Subdivision No.1 SOl006'58"W a distance
of 2646.33 feet to the Point of Beginning. Said Tract of land being 59.823 acres more or less along
with and subject to any and all existing easements.
WHEREAS, the Landowner has petitioned the City for annexation of said tract of land; and
WHEREAS, the MCDONALD ANNEXATIONis not within the corporate limits of the City
or other municipality and may therefore be annexed to the City in accordance with the provisions of this
Agreement and M.C.A. Tide 7, Chapter 2, Part 43.
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McDonald Annexation Agreement
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WHEREAS, all parties recognize that the annexation of the MCDONALD ANNEXA TION
pursuant to Section 7 -2A305, et seq., M.C.A. will entide 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 landowner can agree to
the provisions of services to the area to be annexed; and
WHEREAS, the City's present water supply and sewer collection system is insufficient to enable it
to supply reasonably adequate water and sewer service to additional customers outside the present city
boundaries; and
WHEREAS, all parties recognize that the development of the MCDONALD ANNEXATION
will impact area streets, and that future improvements may require additional public street improvements
for traffic circulation; and
WHEREAS, the Landowner wishes to convey to the City certain water rights or take some
equivalent action to provide water and sewer service to the MCDONALD ANNEXATION, and
WHEREAS, the Landowner finds that this Agreement will provide for the most satisfactory and
dependable water supply and sewer supply or service available to furnish water and wastewater collection,
and provide traffic circulation for development near and within the MCDONALD ANNEXA TION,
and
WHEREAS, the making and performance of this Agreement is desirable to promote the
development of the most adequate water supply, wastewater collection and traffic circulation pattern for
the City as it now exists and as it is reasonably expected to enlarge; and
WHEREAS, the securing of an adequate water supply, wastewater collection, and traffic systems
by the City is necessary and of mutual advantage to the parties hereto.
WHEREAS, the parties have determined that it is in the best interests of the City and Landowner,
and in furtherance of the public health, safety and welfare of the community to enter into and implement
this Agreement.
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McDonald Annexation Agreement
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WIT N E SET H:
IN CONSIDERATION of the mutual covenants and agreements herein contained, the parties
hereto agree as follows:
1. Recitals
The above recitals are true and correct.
2. Annexation
The Landowner flied an application for annexation of the MCDONALDANNEXATIONwith
the City on August 26, 2003. The City, on October 13, 2003, adopted a Resolution of Intent to Annex
the MCDONALD ANN"EXA TION By execution of this Agreement, the City has manifested its
intention to annex the MCDONALD 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 MCDONALD
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 MCDONALD 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 MCDONALD 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
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McDonald Annexation Agreement
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City for delivery of water to and within the MCDONALD ANEXATION. Nothing in this Agreement
shall obligate the City to pay for right-of-way acquisition, engineering, construction, and other costs for the
delivery of water to or within the MCDONALD ANNEXA TION to include, but not limited to, any
impact fees, hook-up, connection, or development charges which have been or may be established by the
City.
5. Municipal Sewer Service Dermed
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 tenns and conditions which apply to the City's provision of this service. The term
does not contemplate the extension of lines or construction of necessary improvements at any cost to the
City for collection of sewage at and within the MCDONALD ANNEXA TION. 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 MCDONALD ANNEXA TION to include,
but not limited to, any impact fees, hookup, connection, or development charges which may be established
by the City.
6. Water Rights
The parties acknowledge the following City policy:
Prior to annexation of propeny, 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 propeny when fully developed The fee
may be used to acquire water rights or for improvements to the water system, which would create
additional water, supply capacity. Except, however, that for any annexation in excess of ten (10)
acres, this policy shall be carried out prior to fmal plat approval of each development phase.
Section 2, No.5, COnmllssion Resolution 3137, Adopted August 19, 1996
The Landowner understands and agrees that they must provide sufficient water rights in
accordance with the City's policy according to the following schedule:
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McDonald Annexation Agreement
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MCDONALD ANNEXA TION, prior to final site plan approval, or filing of any
final subdivision plat, whichever occurs first that will create additional subdivision
lots and/or development proposals.
The Landowner shall provide sufficient water rights or cash-in-lieu as calculated by the City in
accordance with its policy at the time of calculation. The Landowner 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 Water Design Report
Prior to future development of the property, the Landowner may be required to have prepared by
a Professional Engineer, at Landowner's expense, a comprehensive design report evaluating existing
capacity of sewer and water utilities in the area. The report must include hydraulic evaluations of each
utility for both existing and post-development demands, and the report findings must demonstrate
adequate capacity to serve the full development of the land If adequate infrastructure capacity is not
available for full development, the report must identify necessary system improvements required for full
development. The Landowner agrees to complete at Landowner's expense, the necessary system
improvements to serve the full development.
8. Future Development Limitations
Landowner understands and agrees that substantial limitations for growth exist in the wastewater
collection system for this property, which will need to be addressed in conjunction with development of
the parcel. The future developer will be responsible for installing any facilities required to provide full
municipal services to the property in accordance with the City's Infrastructure Master Plans and all city
policies and guidelines that may be in effect at the time of development. Prior to development of the
MCDONALD ANNEXATION the developer's engineer will be required to prepare a comprehensive
design report evaluating the existing capacity of both the water and sanitary sewer utilities. Thus,
Landowner understands and agrees that there is no right, either granted or implied by the City, for the
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McDonald Annexation Agreement
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Landowner to develop any of the MCDONAW ANNEXA TION until it is verified by the City that
necessary municipal services, including but not limited to police and fire protection, and sewer and water
capacity, are available to all or a portion of the MCDONALD ANNEXA TION.
9. Stormwater Master Plan
Landowner understands and agrees that a Stonnwater Master Plan for the MCDONALD
ANNEXA TION for a system designed to remove solids, oils, grease, and other pollutants from the
runoff from the public streets may be required to be provided to and approved by the City Engineer at the
time of any future development. The master plan, if required, must depict the maximum sized
retention! detention basin location and locate and provide easements for adequate drainage ways within
the area to transpon runoff to the stormwater receiving channel(s). The plan shall include site grading and
elevation information, typical storm water detention! retention basin and discharge structure details, basin
sizing calculations, and stormwater maintenance plan.
10. Waiver of Right-to-Protest Special Improvement Districts
Landowner has executed a Waiver of Right-to-Protest Creation of Special Improvement Districts
for maintenance of any parks within the annexed area and! or of a City-wide Park Maintenance District,
and Waivers of RighNo-Protest Creation of Special Improvement Districts, which would provide a
mechanism for the fair and equitable assessment of maintenance costs for such parks, is attached hereto as
Exhibit "A"", and is hereby incorporated in and made a pan of this Agreement.
Landowner has further executed a Waiver of Right-to-Protest Creation of Special Improvement
Districts for improvements, including: 1) paving, curb and gutter, sidewalk, and storm water drainage
improvements for Durston Road and West Oak Street, 2) signalization improvements for the intersections
of Ferguson Road with Durston Road and West Oak Street, and 3) trunk sewer main improvements and
regional lift station to serve the property, is attached hereto as Exhibit "B", and is hereby incorporated in
and made a pan of this Agreement.
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McDonald Annexation Agreement
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Landowner agrees that in the event an S.I.D. is not utilized for the completion of these
improvements, the developer agrees to participate in an alternative financing method for the completion
of said improvements on a fair share, proportionate basis as determined by square footage of property,
taxable valuation of the property, traffic contribution from the development or a combination thereof.
12. Utility Easements
The Landowner understands and agrees that utility easements, a minimum of thirty (30) feet in
width, may be necesscuy for the installation and maintenance of water and sewer utility services to the
annexed parcel. The Landowner shall create such easements in locations agreeable to the City during the
appropriate development procedures, but in no event later than the filing of any final plat or site plan
review or issuance of a building permit on the parcel(s).
13. Public Access and Utility Easements
The landowner understands and agrees that the following executed public access and utility
easements will be provided to the City Engineer's Office and filed with the Clerk & Recorder's Office: 1)
fifty (50) feet for the nOM half of Durston Road, and 2) sixty (60) feet for the south half of West Oak
Street.
14. Impact Fees
Landowner and Landowner/Developer hereby acknowledge that annexation and development of
their property will impact the City's existing street, water and sewer infrastructure, and fire service
requirements. At the time new structures apply to the City's Water and Sewer facilities, the Landowners
shall pay all Water and Sewer Impact Fees, which are due. The Landowner and Landowner/Developer
and their successors shall pay all Fire, Street, Water and Sewer Impact Fees required by chapter 3.24,
Bozeman Municipal Code, or as amended, at the time of application for any permit listed in Section
3.24.0S0A, 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
coun of competent jurisdiction, Landowner agrees to pay the City fees or assessments established by the
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McDonald Annexation Agreement
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City for impact on Ciiyservices 111 accordance with a new or revised Chapter of the Bozeman Municipal
Code lawfully enacted as a result of such court decision after the date of the court decision. If, prior to
enactment of such revised Chapter, the Landowner, applies for any permit, which actuates or would have
actuated impact fees pursuant to the current Chapter 3.24 of the Bozeman Municipal Code, the
Landowner further agrees to pay at that time, the amount calculated for all such fees based upon the rates
established at the date of this agreement.
If the Court above declares Chapter 3.24 of the Bozeman Municipal Code invalid, and if
Landowner would have been entided to a refund under the court's decision but were it not for the sole
fact of the Landowner paying impact fees because of this agreement, then all such impact fees paid prior
to the court's decision shall be held in escrow until a revised Chapter of the Code is enacted after the
Coun's decision.
At the time the revised code is enacted, then all such fees held in escrow shall be released to the
city and the balance, if any, returned to the Landowner and! or Landowner/Developer. All accumulated
interest on the sum held in escrow shall be released to the City or Landowner on the same percentage as
the money released to either party bears to the total sum held in escrow.
Landowner funher understands and agrees that any improvements, either on- or off-site, necessary-
to provide connection of Annexation Tracts to municipal services which are wholly attributable to the
property are "project related improvements" as defined in Chapter 3.24, Bozeman Municipal Code, or as
amended, and as such, are not eligible for impact fee credits.
If Landowner defaults on this condition at the time such is to be performed, and should default
not be remedied or corrected within thirty (30) days after written notice by City to the Landowner and
Landowner/Developer of such default, City may at their option:
A) Declare the amounts owing for impact fees immediately due and payable and City
shall have the right and privilege to take legal action against Landowners for the
collection of such sum, including the enny of any judgment. In addition, the City
may, at its option, enforce payment of such amount by levying an assessment on
the premises.
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McDonald Annexation Agreement
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B) Elect any other remedy available to City Wlder 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 bOWld by such a
declaration or judgment and, therefore, notwithstanding any judgment either
limiting impact fee payments Wlder annexation agreements to specified amoWlts, or
prohibiting any such payment, landowner will pay such amoWlt as specified above.
14. Progressive Urban Design
The Landowner Wlderstands that with annexation of said property it is the intent of the
Landowner and City that future development will comply with the goals and policies of the Bozeman 2020
Community Plan. Having recognized the City's concern for implementation of progressive urban design
guidelines outlined in the Bozeman 2020 Conununity Plan for both community and neighborhood design,
the Landowner Wlderstands and agrees that with submittal of a preliminary plat application or site plan
review application for all or any portion of the property the future developer shall implement a Master
Plan of the land use patterns and types for development of the property that addresses compatibility with,
and sensitive to, the immediate environment of the site and the adjacent neighborhoods relative to
architectural design, building mass and height, neighborhood identity, landscaping, historical character,
orientation of buildings, and visual integration.
15. Additional T enns of Waivers
The panies recognize that these documents shall be filed and of record with the Gallatin COWlty
Clerk and Recorder prior to the sale of any land with the MCDONALD ANNEXATION. The patties
further agree that the City may file these documents at any time.
16. Governing Law and Venue
TIlls agreement shall be construed under and governed by the laws of the state of Montana. In the
event of litigation, venue is in the Eighteenth Judicial District Court, in and for County of Gallatin, State
of Montana.
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McDonald Annexation Agreement
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In the event it becomes necessaty 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 entided to
reasonable attorney's fees and costs, to include the salary and costs of in-house counsel including City
Attorney.
18. Waiver
No waiver by either party of any breach of any term, covenant or agreement shall be deemed a
waiver of the same or any subsequent breach of this same or any other term, covenant or agreement. No
covenant, term or agreement shall be deemed waived by either party unless waived in writing.
19. Invalid Provision
The invalidity or unenforceability of any provision of this agreement shall not affect the other
provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable
provision were omitted
20. Modifications or Alterations
No modifications or amendment of this Agreement shall be valid unless evidenced by a writing
signed by the panies hereto.
21. No Assignment
It is expressly agreed that the Landowner and/or Landowner/Developer shall not assign this
Agreement in whole or in pan without prior written consent of the City.
22. Successors
TIlls Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties
hereto and their respective heirs, successors and assigns.
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McDonald Annexation Agreement
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23. Covenants to Run with the Land
The parties intend that the terms of this Agreement shall be covenants rwming with the land and
shall not expire at their deaths or upon transfer of ownership of the propeny.
The undersigned Landowner and Landowner/Developer affirms that they have authority to enter
into this Agreement on behalf of their corporation, and to bind the corporation to this Agreement
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the
day and year fIrst above written.
SAM E. MCDONALD, JR., General Partner
MCDONALD LAND COMPANY LIMITED PARTNERSHIP
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JUDITH C. MCDONALD, General Partner
MCDONALD LAND COMPANY LIMITED PARTNERSHIP
STATE OF lJ\oVltrLV\P... )
COUNlY OF Ye..tloW?+oV\t'- :ss
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On this ~ day of N~O'lt\ tv' , 2004, before me, a Notary" Public for the
State of MDV\ t1..V\.tl , personally appeared Sam E. McDonald, Jr., and Judith C. McDonald, known
to me to be the persons that executed the foregoing Annexation Agreement, and acknowledged to me that
they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affIxed my offIcial seal the day and
year first above written.
(SEAL)
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McDonald Annexation Agreement
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By: HRIS A. KUKULSKI, City Manager
STATE OF MeNTANA )
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COUNTI OF GALlATIN )
On this I grv-. day of ~. . ,.loot.before me, a Notaxy Public for the
state of Montana, personally appe ed Chris Kukulski and Robm Sullivan, known to me to the persons
described in and who executed the foregoing instrument as 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 official seal the day and
year first above written. ~ O{~~
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McDonald Annexation Agreement
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EXHIBIT" A"
WAIVER OF RIGHT-TO-PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICT
FOR A CITY-WIDE PARK. MAINTENANCE DISTRICT
The undersigned owner of the real propeny situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
A tract of land being the E ~ W ~ SW 1,4 and W ~ W ~ E ~ SE 1,4 of Section 3, Township 2
South, Range 5 East, Principal Meridian Montana, Gallatin County State of Montana and being
more particularly described as follows.
Beginning at a point on the south line of said Section 3 which bears S89059'47"W a distance of
982.44 feet from the southeast comer of said Section 3, said point being the W-E-El/256 comer
of said Section and the southwest comer of Diamond Estates Subdivision No.1; thence along the
south line of said Section 3 S89059'47"Wa distance of 982.43 feet to the W.El/64 comer of said
Section, said point also being the southeast comer of Diamond Estates Subdivision No.2; thence
along the W-E1I64 line of said Section and the east line of Diamond Estates Subdivision No.2
NOoo58'57"E a distance of 2642.94 feet to the C-W-E1/64 comer; thence along the E-W mid.
section line of said Section 3 N89048'24"E a distance of 988.66 feet to the GW-E-E1I64 comer,
said point also being the northwest comer of Diamond Estates Subdivision No.1; thence along
the W-E.E line and the west line of Diamond Estates Subdivision No.1 SOl006'58"W a distance
of 2646.33 feet to the Point of Beginning. Said Tract of land being 59.823 acres more or less along
with and subject to any and all existing easements.
IN CONSIDERATION of receiving approval for annexation of the subject propeny from the
City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration,
the receipt of which is hereby acknowledged, and in recognition of the impact to City parks which will be
caused by the development of the above-described propeny, the owner has waived and do hereby waive
for itself, its successors and assigns, the right to protest the creation of one or more special improvement
districts for maintenance of any parks within the annexed area and/or of a City.wide Park
Maintenance District, which would provide a mechanism for the fair and equitable assessment of
maintenance costs for City parks, or to make any written protest against the size or area or creation of the
district be assessed in response to a duly passed resolution of intention to create one or more special
improvement districts which would include the above-described property.
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McDonald Annexation Agreement
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-- TIlls waiver shall be a covenant numing with the land and shall not expire with the dissolution of
the corporation, provided however this waiver shall apply to the lands herein described
The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the
successors-in-interest and assigns of the parties hereto.
DATEDthis~dayof /lJd~L , 2004.
.
SAM E. MCDONALD, JR., General Partner
MCDONAID LAND COMPANY LIMITED PARTNERSHIP
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JUDITH C. MCDONALD, General Partner
MCDONALD LAND COMPANY LIMITED PARTNERSHIP
STATE OF WlDn+ctVltA.. )
COUN1Y OF '6 \DlJJO~ :ss
)
~5fu day of Novern bcr ,2004, before me, a Notary Public for the
State of -~ , personally appeared Sam E. McDonald, Jr., and Judith C. McDonald,
known to me to be the persons that executed the foregoing Annexation Agreement, and acknowledged to
me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL)
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McDonald Annexation Agreement
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EXHIBIT "B"
WANER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR OURSTON ROAD AND COlTONWOOO ROAD STREET IMPROVEMENTS
The undersigned owner of real propeny situated in the County of Gallatin, State of Montana, and
more particularly described as follows:
A tract of land being the E ~ W ~ SW'i4 and W ~ W ~ E ~ SE 'i4 of Section 3, Township 2
South, Range 5 East, Principal Meridian Montana, Gallatin County State of Montana and being
more panicularly described as follows.
Beginning at a point on the south line of said Section 3 which bears S89059'47"Wa distance of
982.44 feet from the southeast comer of said Section 3, said point being the W-E-El/256 comer
of said Section and the southwest comer of Diamond Estates Subdivision No.1; thence along the
south line of said Section 3 S89059'47"Wa distance of 982.43 feet to the W-El/64 comer of said
Section, said point also being the southeast comer of Diamond Estates Subdivision No.2; thence
along the W-E1I64 line of said Section and the east line of Diamond Estates Subdivision No.2
NOoo58'57"E a distance of 2642.94 feet to the C-W.El/64 comer; thence along the E-W mid-
section line of said Section 3 N89048'24"E a distance of 988.66 feet to the GW-E-E1I64 comer,
said point also being the northwest comer of Diamond Estates Subdivision No.1; thence along
the W.E-E line and the west line of Diamond Estates Subdivision No.1 SOI006'58"W a distance
of 2646.33 feet to the Point of Beginning. Said Tract of land being 59.823 acres more or less along
with and subject to any and all existing easements.
IN CONSIDERATION, of receiving approval for annexation of the subject property from the
City of Bozeman, along with the accompanying rights and privileges and for other valuable consideration,
the receipt of which is hereby acknowledged, have waived and do hereby for itself, it's successors and
assigns, waive the right to protest the creation of one or more special improvement districts for
improvements, including: 1) paving, curb and gutter, sidewalk, and stonnwater drainage
improvements for Durston Road and West Oak Street, 2) signalization improvements for the
intersections of Ferguson Road with Durston Road and West Oak Street, and 3) trunk sewer main
improvements and regional lift station to serve the property, or to make any written protest against
the size or area or creation of the district to be assessed in response to a duly passed resolution of
intention to create one or more special improvement districts which would include the above-described
15
McDonald Annexation Agreement
<
" I11111111I 111111111111111111111111111111111111111111 ~~t~~~1 ~~ ~A
Shelley Vance-Gallatin Cc MT MIle Ie,"
-.....-....-. .".".-. .-
property. lbis waiver shall be a covenant running with the land and shall not expire upon the dissolution
.
of the company provided however this waiver shall apply only to the lands herein described
The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the
successors and assigns of the patties hereto.
DATED this ~ day of 11/()(j4-, t..--. , 2004.
r.
SAM E. MCDONALD, JR., General e ,
MCDONALD LAND COMPANY LIMITED PARTNERSHIP
.~~~~. ~C-~~
JUDITH C. MCDONALD, General Partner
MCDONALD LAND COMPANY LIMITED PARTNERSHIP
STATE OF Mon.f!VlC\. )
COUNTY OF Yel \D~ne. :ss
)
On this 6"0 day of NDVe:v\I\..\xv , 2004, before me, a Notary Public for the
State of ~f1LVLtA. , personally appeared Sam E. McDonald, Jr., and Judith C. McDonald,
known to me to be the persons that executed the foregoing Annexation Agreement, and acknowledged to
me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(S1;:AL)
-~
.. MI.E ...............
.............-. D1
"'>[1 IF'Jllln..... ~.. 10_
16
McDonald Annexation Agreement
Addendum 1 to Professional Services Agreement
Pursuant to the provisions of paragraph 2 of the Agreement between the City of Bozeman, P.O. Box 1230,
Bozeman, Montana, a Municipal Corporation of the State of Montana, ("City"), and Freilich, Leitner &
Carlisle, Inc. ("Consultant"), 1150 One Main Plaza, 4435 Main Street, Kansas City, Missouri 64111 (the
"Parties"), dated December 11, 2002, the Parties mutually a ree that by this Addendum, the total
compensation to be paid by the City to the Consultant . ereby in ed to a not to of
$25,000.
r llich, Senior Partner
Leitner, & Carlisle
)
) ss.
County )
-A
On this ~ day of e the uI?-dersigned, a Notary Public for
~ State of ~rsonallY p , known to me to be the
'!/]1 <... ~!1. J 0 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 Freilich, Leitner & Carlisle, Inc..
\\\,\\"""",,
IN~E9~~REOF, I have hereunto set my hand and affixed my Notarial Seal the day and
year first#""~~eii:..~ '\
I ."~.;f' J ~~... \
.! .~ (I). ::
=*: ..... :*:
- . . -
~LlIOTARVSEAL ~j
"'~' ~~." ~
.",~" "
~ ~~"""\1<~
l'7.t, ST~1t "'"....
"I'l "';"'\lI\\\\~
Notary Public for the State of issouri
~
/YJt1-/t. J-E ~ DcksdAJ
(Printed Name) k fH7.S "S
Residing in VdkIVSo^, d ,
My Commission Expires 5 / ~y /200S-
. -
ACCEPTED: 1-~-
-
CITY OF BOZEMAN
All~ J ~ by its City Manaqer
,
- .r'
Clerk of the City Commission
STATE OF MONTANA )
) ss.
County of Gallatin )
On this , '6f'kday of ~ ' 2003 before me, a Notary Pnblic for the State of
Montana, personally appeared CLA V. JOHNSON and ROBIN L. SULLIVAN, known to me to be the
City Manager and Clerk of the City Commission for 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.
(SEAL)
WRP-1I'O - ~~
N~aryPUbliC for the tate of ontana
ll.fAf\~ G(e.-tJ ({l~
(Printed Nanle)
Residing at Bozeman, Montana /29 /20QJ
My Commission Expires: 03