HomeMy WebLinkAbout12 NWX Annexation Agreement Inter-office Ori final to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman MT 549771-1230
2018 NW CORNER COTTONWOOD & OAK
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this day of Atra-, , 2019,
by and between the CITY OF BOZEMAN, a municipal corporation and self-governing political
subdivision of the State of Montana with offices at 121 N. Rouse Avenue, Bozeman, Montana 59771-
0640, hereinafter referred to as "City", and NWX, LLC at PO Box 11890, Bozeman, Montana 59719,
hereinafter referred to as "Landowner".
WITNESSETH:
WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafter referred
to as the 2018 NW CORNER COTTONWOOD & OAK ANNEXATION situated in Gallatin County,
Montana, and more particularly described as follows:
An area of land comprised described as follows:
TRACT 5 CERTIFICATE OF SURVEY NO. 2552 LOCATED NE '/4 OF S4 T02S, R05E,
P.M.M, GALLATIN COUNTY, MT
All as depicted on the 2018 NW CORNER COTTONWOOD & OAK ANNEXATION
MAP.
2018 NW Corner Cottonwood&Oak Annexation Agreement 1
WHEREAS,the Landowner petitioned the City for annexation to the City of said tract of land;
and
WHEREAS,the 2018 NW CORNER COTTONWOOD &OAK ANNEXATION is not within
the corporate limits of the City or other municipality and may therefore be annexed to the City in
accordance with the provisions of this Agreement and Title 7,Chapter 2, Part 46,Mont. Code Ann.;and
WHEREAS, all parties recognize the annexation of the 2018 NW CORNER COTTONWOOD
& OAK ANNEXATION pursuant to Section 7-2-4601, et seq., Mont. Code Ann. will allow the 2018
NW CORNER COTTONWOOD & OAK ANNEXATION to connect to and utilize City services,
including municipal water and sewer service, fire service, and the City's street system; and
WHEREAS, Section 7-2-4610, Mont. Code Ann. provides that a municipality and landowner
can agree to the provisions of services to the area to be annexed; and
WHEREAS, the parties recognize additional development on the 2018 NW CORNER
COTTONWOOD & OAK ANNEXATION will impact area streets and fire services, and that future
improvements may require additional public street improvements for traffic circulation and the
provisions of fire services;and
WHEREAS, the Landowner finds this Agreement will provide for the most satisfactory and
dependable water supply and sewer supply or service,and provide traffic circulation and fire service for
development of the 2018 NW CORNER COTTONWOOD&OAK ANNEXATION; and
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.
WITNESSETH:
2018 NW Corner Cottonwood&Oak Annexation Agreement 2
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 filed an application for annexation of the 2018 NW CORNER COTTONWOOD
& OAK ANNEXATION with the City on October 23,2018. By execution of this Agreement,the City
manifests its intent to annex the 2018 NW CORNER COTTONWOOD & OAK ANNEXATION tract
pursuant to the terms and conditions of this Agreement. Subject to the provisions of Title 7, Chapter 2,
Part 46, Mont. Code Ann. the City shall, upon execution of this Agreement, adopt a Resolution of
Annexation of the 2018 NW CORNER COTTONWOOD & OAK ANNEXATION. Further, upon the
execution of this Agreement,the Landowner shall do all things required by this Agreement and all things
necessary and proper to aid and assist the City in carrying out the terms, conditions and provisions of
this Agreement and to effect the annexation of the 2018 NW CORNER COTTONWOOD & OAK
ANNEXATION.
3. Services Provided
The City will, upon annexation,make available to the 2018 NW CORNER COTTONWOOD&
OAK ANNEXATION existing City services only to the extent currently available,or 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 40, Article 2, Bozeman Municipal Code, as amended,
as well as any other terms and conditions which apply to the City's provision of municipal water service
2018 NW Corner Cottonwood&Oak Annexation Agreement 3
but does not include the extension of lines or construction of necessary improvements at any cost to the
City for delivery of water to and within the 2018 NW CORNER COTTONWOOD & OAK
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 2018 NW CORNER
COTTONWOOD & OAK ANNEXATION to include, but not limited to, any impact fees, hook-up,
connection, or development charges which have been or may be established by the City.
5. Municipal Sewer Service Defined
The term "municipal sewer service" as is used in this Agreement shall be the service which is
supplied by the City in accordance with Chapter 40, Article 3, Bozeman Municipal Code, as amended,
as well as any other terms and conditions which apply to the City's provision of this service but does not
include the extension of lines or construction of necessary improvements at any cost to the City for
collection of sewage at and within the 2018 NW CORNER COTTONWOOD&OAK ANNEXATION.
Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition, engineering,
construction, and other costs for the collection of sewage services to or within the 2018 NW CORNER
COTTONWOOD & OAK ANNEXATION to include, but not limited to, any impact fees, hookup,
connection,or development charges which may be established by the City.
6. Water and Sewer Connections
Landowner understands and agrees that upon development, water and sewer services must be
constructed in accordance with design and specifications approved by the City prior to the installation
of the water and sewer lines.Landowner must contact the City Water and Sewer Superintendent to obtain
details of construction requirements. Landowner must notify the City Water and Sewer Superintendent
a minimum of 48 hours prior to construction of the services and/or disconnection of the well and septic
system abandonment.
2018 NW Corner Cottonwood&Oak Annexation Agreement 4
Landowner further understands and agrees that prior to connection to the City water and sewer system,
the existing on-site sewage treatment system must be properly abandoned and certification provided to
the City Water and Sewer Superintendent that the abandonment occurred. The applicant must report the
abandonment to the Gallatin City County Health Department. In addition to abandonment of the septic
tank and leach field,the applicant must demonstrate that the sanitary sewer service to the septic tank has
been completely disconnected from the old septic system prior to connection to the City sanitary sewer
system.
Any wells presently used for domestic purposes may be retained for irrigation only, with no physical
connection to domestic water piping. Certification that there is no physical connection between an on-
site well and the domestic water piping must be provided. The City Water and Sewer Superintendent
may perform an inspection ofthe property and certify that the disconnection of the well and septic system
abandonment are properly completed. Landowner understands and agrees that if Landowner fails to
properly abandon the existing system and/or fails to disconnect the existing well from the domestic water
piping as required herein the City may upon ten day's written notice to the Landowner terminate water
and/or sewer services to the property. Costs of all disconnects and/or subsequent reconnects shall be
borne by Landowner.
7. Water Rights
The Landowner specifically recognizes and agrees that provisions for water rights or cash in-lieu
of water rights shall be provided upon further development or subdivision of the property in accordance
with Section 38.410.130, Bozeman Municipal Code. The amount of water rights or cash-in-lieu thereof
due at the time of further development or subdivision of the property will be calculated based on the
annual demand for volume of water the development will require multiplied by the most current annual
unit price in effect on the date the water rights are transferred or payment-in-lieu of water rights is to be
2018 NW Corner Cottonwood &Oak Annexation Agreement 5
made to the City. As such, the Landowner acknowledges that the rates for cash in-lieu of water rights
may increase over time as established by Resolution of the City Commission.
8. Comprehensive Water and Water Design Report
Prior to future development of the property the City may require the Landowner 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 the proposed development, the report must identify necessary water or wastewater system
improvements necessary for the proposed development. If improvements to this water or wastewater
system are necessary, the Landowner agrees prior to development of the 2018 NW CORNER
COTTONWOOD&OAK ANNEXATION to complete,at Landowner's expense,the necessary system
improvements to serve the proposed development.
9. Future Development Limitations
The Landowner shall be responsible for installing all facilities required to provide full municipal
services to the property in accordance with the City's Infrastructure Master Plans and all City regulations,
policies and guidelines that may be in effect at the time of any future development. Thus, Landowner
understands and agrees that there is no right, either granted or implied, for the Landowner to further
develop any of the 2018 NW CORNER COTTONWOOD & OAK ANNEXATION until it is verified
by the City that the necessary municipal services, including but not limited to police and fire protection,
streets, and sewer and water capacity, are available to all or a portion of the 2018 NW CORNER
COTTONWOOD & OAK ANNEXATION. Notice is thus provided to the Landowner that prior to
additional development of the property, the Landowner will be solely responsible for installing, at
2018 NW Corner Cottonwood&Oak Annexation Agreement 6
Landowner's sole expense, any facilities or infrastructure required to provide full municipal services to
the 2018 NW CORNER COTTONWOOD & OAK ANNEXATION in accordance with the City's
infrastructure plans, adopted Growth Policies/Community Plans, and all other city regulations, policies
and guidelines that may be in effect at the time of development.
10. Stormwater Master Plan
Landowner understands and agrees a Stormwater Master Plan for the 2018 NW CORNER
COTTONWOOD & OAK ANNEXATION for a system designed to remove solids, oils, grease, and
other pollutants from the runoff from the public streets may be required to be provided to and approved
by the City Engineer at the time of any future development. The plan must demonstrate that adequate
treatment of runoff from the public streets and all future lots will be achieved by providing spot
elevations, flow direction arrows, detention and/or retention basin details (including basin sizing
calculations and basin typical sections), outlet structure details, and culvert capacity calculations. The
plan must also locate and provide easements for adequate drainage ways within the annexation area to
transport treated runoff to the stormwater receiving channel. The plan shall include site grading and
elevation information,typical stormwater detention/retention basin and discharge structure details,basin
sizing calculations,and stormwater maintenance plan.
11. Waiver of Right-to-Protest Special Improvement Districts
A. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Improvement
Districts (SID) for the maintenance of any parks within the annexed area and/or of a City-wide Park
Maintenance District. The Landowner agrees such SID will provide a mechanism for the fair and
equitable assessment of maintenance costs for such parks. The waiver is attached hereto as Exhibit"A"
and is hereby incorporated in and made a part of this Agreement.
2018 NW Corner Cottonwood&Oak Annexation Agreement 7
B. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Improvement
Districts for street improvements including paving, curb and gutter, sidewalk, lighting, and stormwater
drainage facilities for BAXTER LANE, NORTH COTTONWOOD ROAD, HARPER PUCKETT
ROAD, WEST OAK STREET,AND NORTH LAUREL PARKWAY. Landowner agrees such an SID
will provide a mechanism for the fair and equitable assessment of construction and maintenance costs
for such improvements. The waiver is attached hereto as Exhibit`B"and is hereby incorporated in and
made a part of this Agreement.
C. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Improvement
Districts for intersection improvements to the intersections of BAXTER LANE AND HARPER
PUCKETT, BAXTER LANE AND NORTH COTTONWOOD ROAD, BAXTER LANE AND
NORTH LAUREL PARKWAY,WEST OAK STREET AND NORTH COTTONWOOD ROAD,AND
WEST OAK STREET AND NORTH LAUREL PARKWAY. Landowner agrees such an SID will
provide a mechanism for the fair and equitable assessment of construction and maintenance costs for
such improvements. The waiver is attached hereto as Exhibit "C" and is hereby incorporated in and
made a part of this Agreement.
D. Landowner agrees that in the event an SID is not utilized for the completion of these
improvements as described in subsections A, B, and C above, the Landowner shall 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. Public Street and Utility Easement
The Landowner understands and agrees that a public street and utility easement(s) shall be
provided for ADDITIONAL RIGHT-OF-WAY ALONG BAXTER LANE, COTTONWOOD ROAD,
2018 NW Corner Cottonwood&Oak Annexation Agreement 8
NORTH LAUREL PARKWAY, AND WEST OAK STREET WHICH WILL CONTAIN A 10-FOOT
UTILITY EASEMENT. THE REQUIRED RIGHT-OF-WAY WIDTH SHALL BE CONSISTENT
WITH THE CITY COLLECTOR AND ARTERIAL STREET STANDARDS AS DEFINED IN THE
DESIGN AND SPECIFICATION MANUAL AND TRANSPORTATION MASTER PLANS. The
Landowner, at its sole expense, has created such an easements in a location and form agreeable to the
City and the easements will be filed at the Gallatin County Clerk and Recorder's Office.
13. Street Improvements
The Landowner understands and agrees that at the time of future development the full street sections
of BAXTER LANE, WEST OAK STREET, NORTH COTTONWOOD ROAD, AND NORTH
LAUREL PARKWAY fronting this property will be required to be improved to a City standard. If
additional offsite right-of-way is required for the aforementioned street sections the landowner will be
responsible for obtaining the required right-of-way prior to development.
14. Impact Fees
Landowner acknowledges that annexation and development of their property will impact the
City's existing street, water and sewer infrastructure, and the City's fire service. As approved by the
City,the land owners and their successors shall pay:
A) Fire impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at
time of issuance of building permit.
B) Transportation impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as
amended, at time of issuance of building permit.
C) Water impact fees as required by Chpt.2,Art.6.Div. 9 BMC,or as amended,at the time
of connection to city water.
D) Sewer impact fees as required by Chpt.2,Art.6.Div.9 BMC,or as amended,at the time
of connection to city sewer.
The amount of impact fee to be paid for connection to the city's water and sewer services, if any,
shall be calculated based on the provisions of the Bozeman Municipal Code,as amended,in effect at the
2018 NW Corner Cottonwood&Oak Annexation Agreement 9
time of application for a permit to connect. The amount of street or fire impact fees to be paid, if any,
shall be calculated based on the provisions of the Bozeman Municipal Code,as amended,in effect at the
time an application for building permit is submitted.
Landowner further understands and agrees that any improvements, either on-site or off-site,
necessary to provide connection of the 2018 NW CORNER COTTONWOOD&OAK ANNEXATION
municipal services and which are wholly attributable to the property as determined exclusively by the
city are considered "project related improvements" as defined in Chapter 2, Article 6, Division 9,
Bozeman Municipal Code, 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 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.
15. Additional Terms
The parties recognize these documents shall be filed and of record with the Gallatin County Clerk
and Recorder prior to the sale of any land within the 2018 NW CORNER COTTONWOOD & OAK
ANNEXATION. The parties further agree that the City may file these documents at any time.
16. Governing Law and Venue
This agreement shall be construed under and governed by the laws of the state of Montana. In
the event of litigation, venue is in the Eighteenth Judicial District Court, in and for County of Gallatin,
State of Montana.
17. Attorney's Fees
2018 NW Corner Cottonwood&Oak Annexation Agreement 10
In the event it becomes necessary for either party to this Agreement to retain an attorney to
enforce any of the terms or conditions of this Agreement, then the prevailing party shall be entitled to
reasonable attorney's fees and costs,to include the salary and costs of in-house counsel including City
Attorney.
18. Waiver
No waiver by either party of any breach of any term, covenant or agreement shall be deemed a
waiver of the same or any subsequent breach of this same or any other term,covenant or agreement. No
covenant,term or agreement shall be deemed waived by either party unless waived in writing.
19. Invalid Provision
The invalidity or unenforceability of any provision of this agreement shall not affect the other
provisions hereof, and this Agreement shall be construed in all respects as if such invalid or
unenforceable provision were omitted.
20. Modifications or Alterations
No modifications or amendment of this Agreement shall be valid unless evidenced by a writing
signed by the parties hereto.
21. No Assignment
It is expressly agreed that the Landowner and/or Landowner/Developer shall not assign this
Agreement in whole or in part without prior written consent of the City.
22. Successors
This Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties
hereto and their respective heirs,successors and assigns and specifically to any subsequent purchaser of
the annexed property.
23. Covenants to Run with the Land
2018 NW Corner Cottonwood&Oak Annexation Agreement 11
The parties intend that the terms of this Agreement shall benefit the 2018 NW CORNER
COTTONWOOD & OAK ANNEXATION and shall be covenants running with the land and shall not
expire at their deaths or upon transfer of ownership of the property.
The undersigned Landowner affirms that they have authority to enter into this Agreement and to
bind themselves to this Agreement.
2018 NW Corner Cottonwood&Oak Annexation Agreement 12
IN WITNESS WHEREOF,the parties hereto have caused this agreement to be executed the day and
year first above written.
LANDOWNER
By: Bryan Klein,Manager
STATE OF )
:ss
COUNTY OF )
On this�_day of �Tjl f1Q, , 2019, before me, the undersigned, a Notary
Public for the State of Ar7ta a , personally appeared f3riiQn V160
known to me to be the landownerahat executed the ithin instrument, and acknowledged to me that he
executed the same for and on behalfan-86 mer'-
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL)
eta? PuP A&L
NATAL (Printed Name Here)
NOTARY
PUCfort Not Public for the State of
,�►L`E "u,�r'; N 0 TA R Y PUBLIC for the Notary
OTARIAL
�= State of Montana Residingat &?'P,MW
_+ SEAL *= Residing at My Commission Expires: I -1-ap�a
Bozeman, Montana
y p (Use 4 digits for expiration year)
oF►ao M Commission Expires
January 01, 2022
2018 NW Corner Cottonwood&Oak Annexation Agreement 13
CITY OF BOZEMAN
By: An rea Surratt City Manager
ATTEST: •$0Z�'
„4�"CZA
A
i = U.
(A t� Clerk
••��TIN CO��1 .
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this of _ ,2019, before me,a Notary Public for the
state of Montana,personally appeared Andrea Surratt and Robin Crough, known to me to the persons
described in and who executed the foregoing instrument as City Manager and Clerk e 61;
Gonunissiam respectively, of the City of Bozeman, whose names are subscribe 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.
(SEAL)
BRENDA SWEENEY
Ali for for the State of Montana (Printed Name Here)
e.� N
.c Public for the State of Montana
-- Residing at. Residin
=' .
SEAL Bozeman, Montana g
,
My Commission Expires: My Commissi0 ires:
December 02, 2022 (Use 4 digits for expi on year)
2018 NW Corner Cottonwood &Oak Annexation Agreement 14
EXHIBIT"A"
WAIVER OF RIGHT-TO-PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICT
FOR A CITY-WIDE SPECIAL DISTRICT FOR PARKS,TRAILS OR OPEN SPACE
2018 NW CORNER COTTONWOOD & OAK ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
TRACT 5 CERTIFICATE OF SURVEY NO. 2552 LOCATED NE '/4 OF S4 T02S, R05E,
P.M.M, GALLATIN COUNTY,MT
IN CONSIDERATION of receiving approval for annexation of the subject property from the
City of Bozeman, along with accompanying rights and privileges and for other and valuable
consideration, the receipt of which is hereby acknowledged, and in recognition of the impact to City
parks,trails, and open space which will be caused by the development of the above-described property,
the Landowner has waived and does hereby waive for itself, its successors and assigns forever the right
to protest the creation of one or more special districts to fund capital improvements, operations, and
maintenance of any parks,trails, or open spaces within the annexed area and/or of a City-wide special
district to fund capital improvements, operations, and maintenance of parks, trails, and open spaces
throughout the City, which would provide a mechanism for the fair and equitable assessment of costs
for City parks,trails, and open spaces, 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 districts for the above described purposes and which would include the above-described property.
This waiver is made for the benefit of the property described above and shall be a covenant
running with the land.
The terms, covenants and provisions of this waiver shall extend to, and be binding upon the
successors-in-interest and assigns of the Landowner.
2018 NW Corner Cottonwood&Oak Annexation Agreement 15
DATED this�day of Vie.. , 2019.
LANDOWNER
NWX,LLC
By: Bryan Klein,Manager
STATE OF Aonja )
:ss
COUNTY OF )
On this_ I Q, —day of P , 2019,before me,the undersigned, a Notary Public
for the State of A00 fiq Na —, personally appeared Aoan KIPLO ,
known to me to be the landowneL#iA e ecuted the,within instIlent, and acknowledged to me that he
executed the same for and on be0r o"faonaoer NW
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL)
�t a Li P, P t►���P�t-
N ATA L I E P U R K E TT (Printed Name Here)
` 1►`` " t; NOTARY PUBLIC for the Y
Notar Public for the State of )%1 if a(la
NOTARIAL '' State of Montana Residing at ()OZM9n
SEAL t_ Residing at M Commission Expires: I-1 -101a
Bozeman, Montana Y P
',Eovlwl"\� My Commission Expires (Use 4 digits for expiration year)
January 01, 2022
2018 NW Conner Cottonwood&Oak Annexation Agreement 16
EXHIBIT"B"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
2018 NW CORNER COTTONWOOD & OAK ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
TRACT 5 CERTIFICATE OF SURVEY NO. 2552 LOCATED NE I/- OF S4 T02S, R05E,
P.M.M, GALLATIN COUNTY, MT
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 to
BAXTER LANE,NORTH COTTONWOOD ROAD, HARPER PUCKETT ROAD, WEST OAK
STREET, AND NORTH LAUREL PARKWAY which will be caused by the development of the
above-described property, the owner has waived and does hereby waive for itself, its successors and
assigns forever the right to protest the creation of one or more special improvement districts for the
construction and maintenance of following improvements: paving, curb/gutter, sidewalk, lighting,
and storm drainage facilities for BAXTER LANE, NORTH COTTONWOOD ROAD, HARPER
PUCKETT ROAD,WEST OAK STREET,AND NORTH LAUREL PARKWAY, 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.
In the event a SID is not utilized for the completion of these improvements,the developer agrees
to participate in an alternate financing method for the completion of said improvements on a fair share,
proportionate basis as determined by the City on the basis of the square footage of property, taxable
valuation of the property,traffic contribution from the development or a combination thereof.
2018 NW Corner Cottonwood&Oak Annexation Agreement 17
This waiver is made for the benefit of the property described herein shall be a covenant running
with the land.
The terms, covenants and provisions of this waiver shall extend to, and be binding upon the
successors-in-interest and assigns of the Landowner.
DATED this�-day of�jLW-ei 12019.
LANDOWNER
NWX,LLC
By: Bryan Klein,Manager
STATE OF )
:ss
COUNTY OF C72110 tin )
On this I_day of JRrip, , 2019, before me,the undersigned, a Notary Public
for the State of JAQ rffU A personally appeared , known
to me to be the landowner;4hat ecuted t within instrument,and acknowledged to me that he
executed the same for and on b'eWbdIandYv dr`
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL)
J�1 12 lip, kclia�
(Printed Name Here)
I11II,,/ NATALIE PURKETT Notary Public for the State of�} �1
.�;►�`E v ►+; NOTARY PUBLIC for the Residing at2p111 (I
NOTARIALfj= State Of Montana
-• SEAL *_ Residing at My Commission Expires: -1-a��,�
Bozeman, Montana (Use 4 digits for expiration year)
",,OFMo�.� My Commission Expires
III'`\ January 01, 2022
2018 NW Corner Cottonwood&Oak Annexation Agreement 18
EXHIBIT"C"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECL L IMPROVEMENT DISTRICTS
2018 NW CORNER COTTONWOOD & OAK ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
TRACT 5 CERTIFICATE OF SURVEY NO. 2552 LOCATED NE '/a OF S4 T02S, R05E,
P.M.M, GALLATIN COUNTY, MT
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 to THE
BAXTER LANE AND HARPER PUCKETT, BAXTER LANE AND NORTH COTTONWOOD
ROAD, BAXTER LANE AND NORTH LAUREL PARKWAY, WEST OAK STREET AND
NORTH COTTONWOOD ROAD, AND WEST OAK STREET AND NORTH LAUREL
PARKWAY INTERSECTONS which will be caused by the development of the above-described
property,the owner has waived and does hereby waive for itself, its successors and assigns forever the
right to protest the creation of one or more special improvement districts for the construction and
maintenance of intersection improvements for THE BAXTER LANE AND HARPER PUCKETT,
BAXTER LANE AND NORTH COTTONWOOD ROAD, BAXTER LANE AND NORTH
LAUREL PARKWAY, WEST OAK STREET AND NORTH COTTONWOOD ROAD, AND
WEST OAK STREET AND NORTH LAUREL PARKWAY INTERSECTONS, 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.
2018 NW Corner Cottonwood&Oak Annexation Agreement 19
In the event a SID is not utilized for the completion of these improvements,the developer agrees
to participate in an alternate financing method for the completion of said improvements on a fair share,
proportionate basis as determined by the City on the basis of the square footage of property, taxable
valuation of the property,traffic contribution from the development or a combination thereof.
This waiver is made for the benefit of the property described herein shall be a covenant running
with the land.
The terms, covenants and provisions of this waiver shall extend to, and be binding upon the
successors-in-interest and assigns of the Landowner.
2018 NW Corner Cottonwood&Oak Annexation Agreement 20
DATED this 94*—day of J LxN%.e,, , 2019.
LANDOWNER
'aA��e)
NWX,LLC
By: Bryan Klein,Manager
STATE OF
:ss
COUNTY OF P1a )
On this 1 �. day of �( P, , 2019, before me, the undersigned, a Notary Public
for the State of Jjnt1 n a ,personally appeared [Yu n yf l f o , known
to me to be the landownerth ecuted a within instrument, a acknowledged to me that he
h ���v�il �
executed the same for and on e-`'o`�la n oer.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL)
Lie, pump
NATAL (Printed Name Here)
NOTARY
PUBLIC for the IE PURKETT Notary Public for the State of�
onWn
State of Montana Residingat f)krn2n
NOTARIAL Residing at
My Commission Expires:
-; �=
Bozeman, Montana
of My Commission Expires (Use 4 digits for expiration year)
January 01, 2022
2018 NW Corner Cottonwood&Oak Annexation Agreement 21
2018 NW CORNER COTTONWOOD & OAK -
ANNEXATION
TRACT 5 OF CERTIFICATE OF SURVEY NO.2552 LOCATED NE<OF SECTION
4,T2S,R5E,PPM,GALLATIN COUNTY,MT
>oo o ,aa Soo
(eIrEV)
EXISTING 30 FOOT ��� I i
"�rio sy RIGHT OF WAY EASEMENT
p PER COUNTY ROAD MAP
T1S R5E SHEET NO.6
BAXTER LANE(100'-ROK9
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ft1'S0731Y d0.oe'
5ar,smE».�
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POINT OF BEGI\NTNG
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V�
^ 10� ANNEXATION
a� AREA
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162.35
ACRES
Nera315w rw.ua IN Q cJ
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Neo,so,w.ur.5s 41
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LAUREL GLEN ^Q�
jSTATION V
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N89-13-13-W 264 ST ,Hoar
___ —�.�_� ___ Ee ��--_'�1<Ei�4___�S..E1LW__��=C1rrL= —E,ow----_E,pn� i
WEST OAKS ET(125'-ROW)WF
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LEI
DESCRIPTION ANNEXATION AREA SUMMARY
A de lo,wn of iand beug d,e NE'A of secWn a aiw krgWn as Tma s of described in Certified Cornet Rnord Book 3,Pace 922 doc d 2294164 OTAL ANNEXATION AREA:162,35 acres (7.071,995.63)Sq.F.
CerdBcale or Survey No.2S52:1 ted in the NE%or section a,T—hIp alw being the south .t Comer of Traa 1 of Ce lfkate of Bunn r