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HomeMy WebLinkAbout04- McDonald Annexation Agreement - -...-- . 111111_11111111 ~:t~~~l,~, - /i!.ATTa~ ~h.l~_v v.no.-G~h.un ~;;.ftT "Ise 18,01 j 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. 1 McDonald Annexation Agreement - . IIIII~III~ IIIIIIIIIII~. ~ 111I1III ~t~&2:l,~ Shallay Vanoa-Gallatin Co MT MISC li5.11 ',,---..,...,."" ',.' --"..~ ...--..'"'.-..".-.-- . ~,._--'- ~, 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. 2 McDonald Annexation Agreement 1III1IIIII1II !:t~~:~,~, Sn.ll.y Vano.-Gallatin Co MT MISC 96,00 -- -,' - -- 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 3 McDonald Annexation Agreement ...... ..-....--.--.-. IIII.III~III ~~2~~~~'~ Snelley Vanoe-GallaUn Co "'T "'ISC~~,llllll._.._.__._ __ 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: 4 McDonald Annexation Agreement ----.--.--. 11111111I11~lnllnm ~:~~~~~~ Shelley Vance-Gallatin Cc MT MISC ie,llIll1 "- --... 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 5 McDonald Annexation Agreement 11111111~11111111111111111111111~1I11111111111111111 ~~t~~~~~: ~R Sn.ll.y Vano.-Gallatln Co MT MISC 98.00 ...-. . -.. ._".,. -.......-- ------ - ...___n 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. 6 McDonald Annexation Agreement 111111111111111111111111" 1111111111111 1111111111111111 ~J~~~~l: ~A Shellev Vanoe-Gallatin Co MT MISC 95,00 ---- -.--- ~ 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 7 McDonald Annexation Agreement IIII.~II~III !~~~:t,~ Shelley Vance-Gallatin Cc MT MISt le,llllll --.. 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. 8 McDonald Annexation Agreement IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~ II~ IIII ~~t~~~~~: ~A Snallay Vanoa-Gallattn Co MT MISC SIll," - .....--.". ..- 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. 9 McDonald Annexation Agreement 1 t . IIIIIIIIIIIIIIIIIIIIIIIIIIII~IIIIIIIIIIIII~IIIIIIIIII ~~t~~?J~ ~A 17. Attorney's Fees Shelley Vance-Callatln Co MT MISC 91Ullll --.----..-....- ...-... ._~_.- 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. 10 McDonald Annexation Agreement . , II1I1IIIII11111 ~~..~~~J~~ SI'l.l1.~.nO.~Q.~t1n Co I'IT I'ItSC_ ~I~' _ _ _ _ _ "- 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 -Sv..~~ ~,~ ~.t:::J~JC\) JUDITH C. MCDONALD, General Partner MCDONALD LAND COMPANY LIMITED PARTNERSHIP STATE OF lJ\oVltrLV\P... ) COUNlY OF Ye..tloW?+oV\t'- :ss ) 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) (priote .m. J1 ). No Pu -.................. Residing at .......... lrl .My Conunission Expires: "to. . " .............. . (Use 4 digits for expiration year) 11 McDonald Annexation Agreement . II~IIII~I ~IIII ~.IIIIIIIII~ I ~~~~J~ ~ Sh.ll.V V.no.-Gallatin Co MT MIle ell,"" "- CITY OF BOZEMAN CQ;J-<~jJ.} By: HRIS A. KUKULSKI, City Manager STATE OF MeNTANA ) :ss 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{~~ .- (SE~rr . :ili.'~'r~,,~ 111 Ltf1.e b Yen In g~r ,""'" I..!"~" '" .' '" /, ""I. <; / CJ) /Jto .... ~ '0; (printed Name Here) ~:' ~=1..:"\ \ CO) t "1: :lo: 'V.~1 Notary Public for the State of Montana \;J: ..".:= !ITI$ Residing at B 0'( f -4Yt tI...AI'\.. .,.\~ .-:<:;' -Y.' ~:a:....~.. My CommissIOn Expires: 3 Jl.S- I/. ft} 7 -~ *. t::"-'..-::' " S'- '., ',' C) ~ '. ~ '. .'" ~ ~ (Use 4 digits for expiration year) . -.., ""1~ """:h"...." ~ ........ ."t ~ :t .._..... ~'I ",,,,- "t""'U.'1 ulJ.\ " .\ -'" 12 McDonald Annexation Agreement ,t . . IIIIII~II~III ~~~~J~~ SMelley Vance.GallaUn Cc:lI'4T "'I~ _ 18,11_ _ _ ___ 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. 13 McDonald Annexation Agreement . . IIII.~I.~I~I g~~J~~, Shelley Vanoe-Gallatin Co MT MIlC 98,00 -.' -- 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 ~v-~ ~ Q,. \I\k ~~..J.kJ 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) e Here) ........ No P lic for the State 0 _MLlC............. Residing at .................. rI. My Commission Expires: "1:1 '1 .1r.............. . (Use 4 digits for expiration year) 14 McDonald Annexation Agreement . . 11111111111111111 11111111111111111111111111111111111111 ~~t~:~~~~~R S~ellev Vanoe-Gallatln Co "T M1SC S8,IIllll 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