HomeMy WebLinkAboutResolution 4662 Stucky Road Annexation r
COMMISSION RESOLUTION NO. 4662
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS
TRACT OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF
THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE l
CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT.
WHEREAS, the City of Bozeman received a request for annexation from Nehls
Enterprises LLC and Sl-1 Acquisitions LLC, requesting the City Commission to extend the
boundaries of the City of Bozeman so as to include an area of land containing 20.62 acres south of
Stucky Road, lying west of the intersection of South 19'`Avenue and Stucky Road; and
WHEREAS,SH Acquisitions LLC,is the current landowner of record of property located
at 3000 Stucky Road described as West One-Half (Wl/2), Northeast One-Quarter (NE %),
Northwest One-Quarter(NW%)of Section 23,Township 2 South,Range 5 East,P.M.M.,Gallatin
County,Montana; and
WHEREAS, an annexation staff report has been prepared in accordance with the 1
Commission's goals and policies for annexation and was presented to the Commission on July 27,
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2015;and
WHEREAS, a public meeting on said annexation petition was duly noticed and held on 3
July 27,2015; and
WHEREAS,members of the public spoke in opposition and in support of said annexation
at the public meeting; and ,
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Resolution 4662, Stucky Road Annexation
WHEREAS,the City received written protest from the real property owners of the area
to be annexed. The City Commission voted unanimously to approve the annexation exceeding a
two-thirds present majority; and
WHEREAS, on July 27, 2015, the Commission preliminarily approved the annexation
and authorized City Staff and SH Acquisitions LLC to prepare and execute the final annexation
agreement to be presented for consideration at a future City Commission meeting;and
WHEREAS, on February 1, 2016, the Commission reviewed and approved the final
annexation agreement and authorized City Staff and the Landowner to execute the documents;and P
WHEREAS, the provision of available services, including, but not limited to, streets,
rights-of-way, easements, water rights or cash in lieu, waivers of protest against creation of SID's,
improvements to Stucky Road, and water and sewer hookup fees, to said contiguous tract as
described is the subject of a written agreement between the City and the Landowner; and
WHEREAS said contiguous tract is known as the West One-Half W1/2 Northeast
One-Quarter (NE '/4),Northwest One-Quarter(NW 1/4)of Section 23, Township 2 South,Range 5
East, P.M.M., Gallatin County,Montana; and
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WHEREAS, the Bozeman City Commission hereby finds that the annexation of this
contiguous tract is in the best interests of the City of Bozeman and the inhabitants/owners thereof.
NOW, THEREFORE, BE IT RESOLVED by the City Cormlussion of the City of �
Bozeman,Montana,that:
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That it is hereby declared that,pursuant to Title 7,Chapter 2,Part 46,Mont. Codes Ann.,the �
following-described property, which is contiguous to the municipal boundaries of the City of
Bozeman,be annexed to the City of Bozeman and that the boundaries of said City shall be extended
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so as to embrace and include such 20.62 acres,to wit:
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Resolution 4662, Stucky Road Annexation
Lep,al Description
An area of land being the West One-Half (W '/2), Northeast One-Quarter (NE '/4),
Northwest One-Quarter(NW'/4) of Section 23,Township 2 South,Range 5 East, P.M.M.,
Gallatin County, Montana,and farther described as follows:
Commencing at the EW-1/64 corner common to Sections 14 and 23, Township 2 South,
Range 5 East, P.M.M., thence along the West line of the NE1/4NEIANW1/4 of said
Section 23 S00°13'05"W a distance of 670.77 feet to the Northwest coiner of Tract 3,
C.O.S. 2725;thence along the West line of said Tract 3 S00°13'27"W a distance of 670.84
feet to a point on the North line of Tract 4,C.O.S.2725;thence along the North line of said
Tract 4 S89°34'32"W a distance of 669.62 feet to the Southeast corner of Tract 2 of C.O.S.
1996 thence along the East line of C.O.S. 1996 N00°08'13"E a distance of 1337.80 feet to
the W 1 A 6 corner common to said Sections 14 and 23; thence along the South line of the
SW1/4 of said Section 14 N89°15'10"E a distance of 671.64 feet to the Point of Beginning. f
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Said tract containing in area 20.624 acres,along with and subject to any existing easements
as described on the STUCKY ROAD Annexation Map.
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Section 2
The effective date of this annexation is February 1,2016.
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Section 3
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The annexation of the above-described tract is subject to the terms of the Agreement dated
February 1,2016, by and between the City of Bozeman and SH Acquisitions LLC, owner of said
tract of land.
PASSED AND APPROVED by the City Commission of the City of Bozeman,Montana,
at a regular session thereof held on the V day of February, 2016.
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Resolution 4662, Stucky Road Annexation
CARSON TAYLOR
Mayor
ATTEST:
SUCXULAS , e
City Cle '7 0
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APPROVED AS TO FORM:
GktG U LLIEVAN
City Attorney
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Inter-office Original to:
City of Bozeman
Department of Community Development
20 East Olive Street
Bozeman,MT 59715
2540015
Page: 1 of 19 03/17/2016 10:33.69 AM Fee: $133.o0
Charlotte
IlII Mills -
!llI -I III11f IlII IIII II[ICounty
lIII I�Illii III illll III IIII MISS
STUCKY ROAD
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this _ day of `1 ',p } t kj , 2016
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 Nehls Enterprises LLC, c/o Vicevich Law,Attention David
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Vicevich,Esq.,524 E Park St., Suite B,Butte,MT 59701, hereinafter referred to as "Landowner".
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WITNESSETH:
WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafter referred
to as the STUCKY ROAD ANNEXATION being a tract of land addressed at 3000 Stucky Road, being
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the West One-Half W1/2 Northeast One-Quarter #t( ), Q (NE '/4}, Northwest One-Quarter (NW '/a) of
Section 23, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana, being more fully
bounded and described as follows: I€
Beginning at the EW-1/64 corner common to Sections 14 and 23, Township 2 South,
Range 5 East, P.M.M., thence along the West line of the NEl/4NE1/4NW1/4 of said
Section 23 S00°13'05"W a distance of 670.77 feet to the Northwest corner of Tract 3,
C.O.S. 2725; thence along the West line of said Tract 3 S00°13'27"W a distance of
670.84 feet to a point on the North line of Tract 4, C.O.S. 2725; thence along the North
line of said Tract 4 S89°34'32"W a distance of 669.62 feet to the Southeast corner of i
Tract 2 of C.O.S. 1996 thence along the East line of C.O.S. 1996 N00°08'13"E a distance
of 1337.80 feet to the W1/16 corner common to said Sections 14 and 23;thence along the
South line of the SW1/4 of said Section 14 N89°15'10"E a distance of 671.64 feet to the
Point of Beginning.
Said tract containing in area 20.624 acres, along with and subject to any existing
easements as described on the STUCKY ROAD Annexation Map.
WHEREAS,the Landowner petitioned the City for annexation to the City of said tract of land;
and
WHEREAS, the STUCKY ROAD 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 STUCKY ROAD ANNEXATION
pursuant to Section 7-2-4601, et seq., Mont. Code Ann. will allow the STUCKY ROAD
ANNEXATION to connect to and utilize City services, including municipal water and sewer service,
fire service, and the City's street system; and
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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 I
WHEREAS, the parties recognize additional development on the STUCKY ROAD
ANNEXATION will impact area streets and fire services, and that future improvements may require
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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 STUCKY ROAD ANNEXATION;and
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Stucky Road Annexation Agreement 2
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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.
W TNESSETH:
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 STUCKY ROAD ANNEXATION
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with the City on April 29, 2015. By execution of this Agreement,the City manifests its intent to annex
the STUCKY ROAD ANNEXATION tract pursuant to the terms and conditions of this Agreement.
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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 STUCKY ROAD 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 STUCKY ROAD
ANNEXATION.
3. Services Provided
The City will, upon annexation, make available to the STUCKY ROAD ANNEXATION
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existing City services only to the extent currently available, or as provided in this Agreement.
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Stucky Road Annexation Agreement 3
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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 but does not include the extension of lines or construction of necessary improvements at any
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cost to the City for delivery of water to and within the STUCKY ROAD 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 STUCKY ROAD 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 STUCKY ROAD 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 STUCKY ROAD ANNEXATION 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 Landowner agrees to provide water rights or cash in-lieu of water rights to the City at an
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amount equal to the anticipated average annual water demand required for any new connections or new
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development on the property. In the event water rights are not provided the amount of-cash-in-lieu due
at the time of connection, 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 payment-in-lieu of water rights is to be 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.
7. Comprehensive Water and Water Desip-n 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 STUCKY ROAD ANNEXATION to complete, at Landowner's expense, the
necessary system improvements to serve the proposed development.
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8. Future Development Limitations
The Landowner shall be responsible for installing all facilities required to provide full
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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 STUCKY ROAD ANNEXATION until it is verified by the
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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 STUCKY ROAD
ANNEXATION including Stucky Road as described in Section 9, below. Notice is thus provided to
the Landowner that prior to additional development of the property, the Landowner will be solely
responsible for installing, at Landowner's sole expense, except as provided in Section 9 below
regarding Stucky Road,any facilities or infrastructure required to provide full municipal services to the
STUCKY ROAD 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
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at the time of development.
9. Stucky Road Improvements
The Landowner agrees that prior to construction of any habitable structure on the STUCKY 3
ROAD ANNEXATION, the entire cross section width of Stucky Road from the intersection of South
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l 91h Avenue to the western boundary of the STUCKY ROAD ANNEXATION shall be improved to a
collector standard road section as described in the long range transportation plan for Bozeman,
whichever such plan is in place at the time such improvements are made. Landowner recognizes the
required improvements to Stucky Road are necessary to provide adequate and sufficient access for i!
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vehicular, pedestrian, and multi-modal transportation, are reasonably related to and necessary to
mitigate the impacts of developing the STUCKY ROAD ANNEXATION to the adopted zoning
designation.
Stucky Road improvements shall include dedication or an easement to the City of all necessary
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right-of-way including on the STUCKY ROAD ANNEXATION and right-of-way on adjacent
properties necessary to complete the entirety of Stucky Road to a collector standard, all necessary l
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subsurface improvements, and all other necessary improvements including but not limited to bike lanes, i
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parking lanes, signage, curb, gutter, boulevard, and sidewalk on both sides of the required section of
Stucky Road.
A portion of the Stucky Road improvements are potentially eligible for contribution by the City
of impact fees and Landowner recognizes Stucky Road improvements are not presently listed for
impact fee funding in the City's transportation impact fee capital improvement program. Landowner
agrees nothing herein binds the City to add Stucky Road improvements to its transportation impact fee
capital improvement program.
Landowner recognizes Stucky Road, as a designated collector street, provides a critical
east/west corridor for the overall street network for the City and improvements to Stucky Road are
necessary to mitigate the impacts of any future development on the STUCKY ROAD ANNEXATION.
Therefore, in addition to the Landowner recognizing and agreeing Stucky Road must be completed
prior to development as stated above, the Landowner agrees to participate in an equitable fair share of
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improvement costs for improving the entirety of Stucky Road as described herein to a collector
standard. The Landowner further understands and agrees that portions of Stucky Road lie outside of
the City's boundaries and that the City has limited ability to compel participation by other parties to
participate in cost share for improvements to Stucky Road which may cause delay to improvements.
As such, Landowner agrees the City is in no way bound or obligated to use eminent domain to further
the completion of improvements to Stucky Road as required by this Agreement. The City agrees to t
work in good faith with the Landowner to make road improvements but Landowner may need to work
with and encourage participation by other Landowners along the required section of Stucky Road in
order for road improvements to move forward in a time frame desired by Landowner.
Landowner shall provide a waiver of right to protest creation of a special improvement district
for Stucky Road Improvement as required pursuant to Section 11.
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10. Stormwater Master Plan
Landowner understands and agrees a Stormwater Master PIan for the STUCKY ROAD
ANNEXATION for a system designed to remove solids, oils, grease, and other pollutants from the
runoff from the public streets may he required to be provided to and approved by the City Engineer at
the time of any future development. Such plan, it' required, must depict the maximum sized
retention/detention basin location and locate and provide easements for adequate drainage ways within
the area to transport runoff to the stormwater receiving channel(s). The plan shall include site grading
and elevation information, typical stormwater detention/retention basin and discharge structure details,
basin sizing calculations,and stormwater maintenance plan.
11. Waiver of Right-to-Protest Special Improvement Districts
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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.
B. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Improvement
Districts for street improvements including paving, curb and gutter, sidewalk and stormwater drainage
facilities for Stucky Road including the intersection with South I9th Avenue. The 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 agrees that in the event an SID is not utilized for the completion of these
improvements as described in subsections A and B above, the Landowner shall participate in an
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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. Road Rights of Way Dedication
The Landowner understands and agrees to dedicate 45 foot road right-of-way south of the
entire north property boundary (Section 23, T2S, R5E delineation line) for Stucky Road as shown on
the annexation map. This requirement does not obviate the requirements for necessary right-of-way to
be provided to the City for the completion of Stucky Road as stated in Section 9,above.
13. Public Street and Utility Easement
The Landowner understands and agrees that utility easements, a minimum of thirty (30) feet in
width, may be necessary for the installation and maintenance of water and sewer utility services to the
STUCKY ROAD ANNEXATION parcel. The Landowner, at its sole expense, shall create such
easements in locations and form 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.
14. Impact Fees
Landowner acknowledges that annexation and development of its property will impact the f
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 for the existing residence per Chpt. 2, Art. 6. Div.
9 BMC, or as amended,calculated at time of annexation.
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B) Water impact fees as required by Chpt. 2, Art, 6. Div. 9 BMC, or as amended, at the
time of application for connection to city water.
C) Sewer impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the
time of application for connection to city sewer.
D) Street impact fees as required by Chpt. 2, Art. 6. Div, 9 BMC, or as amended, at the
Stucky Road Annexation Agreement 9
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time of application for development approval.
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 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 development approval is deemed sufficient for review.
Landowner further understands and agrees that any improvements, either on-site or off-site,
necessary to provide connection of the STUCKY ROAD ANNEXATION to 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 Ci to the Landowner and 'I
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 Landowner for I
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. R
B) Elect any other remedy available to City under the laws of the State of Montana. jt
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15. Additional Terms
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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 STUCKY ROAD ANNEXATION. The
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parties further agree that the City may file these documents at any time.
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16. Governina 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. Attornev's Fees
In the event it becomes necessary for either party to this Agreement to retain an attorney to
enforce any of the terms or conditions of this Agreement, then the prevailing party shall be entitled to
reasonable attorney's fees and costs, to include the salary and costs of in-house counsel including City
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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
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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 3
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.
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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
The parties intend that the terms of this Agreement shall benefit the STUCKY ROAD
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.
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IN WITNESS WHEREOF,the parties hereto have caused this agreement to be executed the day and
year first above written.
Nehls Enterprises LLC, c/o Vicevish Law, Attention David Vicevish, Esq., 524 E Park St., Suite B,
Butte, MT 59701
LANDOWNER
Name
Nehls Enter rises LLC //G_Kh,,- /' 4oay e y_
((fin behalf oj) (Capacity)
STATE OF M )
4� :ss
COUNTY OF ,\�
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On this day ofCQ,m0R1,C , 2015, before me,the undersigned, a Notary
Public for the State of ( nr& , personally appeared t known to
me to be the person that executed the within instrument, and acknowledged to me that he executed the
same as —on behalf of Nehls Enterprises LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
CSEAL
ASHLEY FREEMAN
NOTARY PUBLIC for the
State of Montana (Printed Name He ) �1f1 Residing at Butte,Montana Notary Public for thMy Commission Expires
NO October 03,2046 Residing at
My Commission Expires: Nolslw�t 0
(Use 4 digits for expiration year)
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Stucky Road Annexation Agreement 13
CITY OF BOZEMAN
By: Chris A.�Kukulski, City Manager
ATTEST:
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C1ek10f a City-Commission:?� ,`
is r s
STATE OF MONTANA
:ss
COUNTY OF GALLATIN }
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On this day of k 201$, before me,a Notary Public for the
state of Montana, personally appeared Ch Kukulski and Stacy Ulman, 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, f
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IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day
and year first above written.
7, HEATHERATHER SIENVENUE
�'��� Notfuy Public„y`�othfl State Af Montan rented Name Here)
Residing at' otar Public for the State of Montana
��.41oz�man, Montana Y`%q� y Commiaslon Expire: -% Residing at
>,F° My Commission Expires:
„ January 26>2018
(Use 4 digits for expiration year)
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Stucky Road Annexation Agreement 14
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EXHIBIT "A"
WAIVER OF RIGHT-TO-PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICT
FOR A CITY-WIDE PARK MAINTENANCE DISTRICT
STUCKY ROAD ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
Beginning at the EW-1/64 corner common to Sections 14 and 23,Township 2 South,
Range 5 East, P.M.M., thence along the West line of the NE1/4NE1/4NW1/4 of said
Section 23 S00013105"W a distance of 670.77 feet to the Northwest corner of Tract 3,
C.O.S. 2725; thence along the West line of said Tract 3 S0001312711W a distance of
670.84 feet to a point on the North line of Tract 4, C.O.S. 2725; thence along the
North line of said Tract 4 S89034132"W a distance of 669.62 feet to the Southeast
corner of Tract 2 of C.O.S. 1996 thence along the East line of C.O.S. 1996
N0000811311E a distance of 1337.80 feet to the W1/16 corner common to said
Sections 14 and 23; thence along the South line of the SW1/4 of said Section 14
N89015'10"E a distance of 671.64 feet to the Point of Beginning. Said tract
containing in area 20.624 acres, along with and subject to any existing easements.
IN CONSIDERATION of receiving approval for annexation of the subject property from the
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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 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 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
i
intention to create one or more special improvement districts which would include the above-described l
property.
Stucky Road Annexation Agreement 15
ii
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-inte►•est and assigns of the Landowner.
DATED this_\L day of �C.0 \V,)-E'j� 12015.
LANDOWNER
Name
� I�
1�ehls Enterprises LLC 1 A e4 Nb,
(On behalf qfi (Capacity)
STATE OF tkuxkaco,, )
:ss
COUNTY OFS qt,(
On this Vf " day of �,� ,( , 2015, be re me,the undersigned, a Notary
Public for the State of �� GUf\� , personally appeared , ° known to
me to be the person that executed the within instrument, and acknowledged to me that he executed the
same as jet16eAon behalf of Nehls Enterprises LLC.
13
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official sea]the day j
and year first above written.
�Y FR@ ,. ii_EY FREEMAN
AR f" r. Y PUBLIC for thg
_..a of Montana (Printed Name e)r Cnvk rzfwon
S EAL kasi.ng at Bung,Montana Notary Public for the State of L �
My Commission Expires
Of- October 03,2016 Residing at
My Commission Expires: 0 (j}
(Use 4 digits for expiration year)
it
t
Stucky Road Annexation Agreement 16
I#
j;
E
EXHIBIT `B"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
STUCKY ROAD ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
Beginning at the EW-1/64 corner common to Sections 14 and 23, Township 2 South,
Range 5 East, P.M.M., thence along the West line of the NE1/4NE1/4NW1/4 of said
Section 23 S00113'05"W a distance of 670.77 feet to the Northwest corner of Tract 3,
C.O.S. 2725; thence along the West line of said Tract 3 S00013'27"W a distance of
670.84 feet to a point on the North line of Tract 4, C.O.S. 2725; thence along the
North line of said Tract 4 S89134'32"W a distance of 669.62 feet to the Southeast
corner of Tract 2 of C.O.S. 1996 thence along the East line of C.O.S. 1996
N0000811311E a distance of 1337.80 feet to the W1/16 corner common to said
Sections 14 and 23; thence along the South line of the SW1/4 of said Section 14
N89015'1011E a distance of 671.64 feet to the Point of Beginning. Said tract
containing in area 20.624 acres, along with and subject to any existing easements.
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
i
consideration, the receipt of which is hereby acknowledged, and in recognition of the impacts to
a
Stucky Road and the intersection of Stucky Road and South 191h Avenue which will be caused by the
development of the above-described property, the owner has waived and does hereby waive for itself,
1
its successors and assigns forever the right to protest the creation of one or more special improvement
s
districts for the construction and maintenance of following improvements: paving, curb/gutter,
I;
sidewalk, storm drainage facilities for Stucky Road, 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.
li
Stucky Road Annexation Agreement 17I
d
In the event an SID is not utilized for the completion of these improvements, the Landowner
agrees to participate in an alternate 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.
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 U day of C)CCVY�b e-C , 2015.
LANDOWNER
Name
Nehls Enterprises LLC Vkt,'rnV-1 C< \AGtf �
(On hehadf o� {Capacity}
STATE OF )
COUNTY OF ss
On this\'�` day of �ps� ,� , 2015, before me, the undersigned, a Notary
Public for the State of_ (2-FCWSb_ , personally appeared )?AD�f.� -F_ N �k& known to I
me to be the person that executed the within instrument, and acknowledged to me that he executed the
same as �eh�� on behalf of Nehls Enterprises LLC.
r
U
Stucky Road Annexation Agreement 18 f
e
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
(SEAL)
BEY FRFF
ASHLEY FREEMAN
z��oTAI& 9y NOTARY PUBLIC for the (Printed Name Here ��
State of Montana Notary Public for the State of
SEAL Rzsiding at Buda,Montana Y
My Commission Expires Residing at
i Ot October 03, 016 My Commission Expires: q
(Use 4 digits for expiration year)
a
k
f
i
1
Stucky Road Annexation Agreement 19f
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