HomeMy WebLinkAbout16- Annexation Agreement - B. Holzer and M. Cleary - Kable Subdivision Return to:
City of Bozeman
City Clerk
PO Box 1230
3ozeman, MT 50771-1 230ABLE SUBDIVISION ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this I day of !)&etn 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 North Rouse Avenue,
Bozeman, Montana 59771-0640, hereinafter referred to as "City", and Brett Holzer and
Margaret Cleary, 2406 Durston Road, Bozeman MT 59718 and Leon Liebman, 1323 Mount
Ellis Lane, Bozeman MT 59715, hereinafter referred to as "Landowner".
WITNESSETH:
WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafter
referred to as the KABLE SUBDIVISION ANNEXATION situated in Gallatin County, Montana,
and more particularly described as follows:
Lots 5, 6, 7 and 8, Block 2, Kable Subdivision, according to the plat thereof, on
file and of record in the office of the Clerk and Recorder, Gallatin County,
Montana, located in the Northeast Quarter of Section 11, Township 2 South,
Range 5 East of P.M.M., and adjacent North 25th Avenue, all described as
follows:
Beginning at the northwest corner of Lot 8, Block 2, said Kable Subdivision;
thence easterly 089°19'40", assumed azimuth from north, 196.07 feet along
the north line of said Lot 8 and its easterly extension to the northeast corner
of said Kable Subdivision; thence southerly 180°57'43" azimuth 337.19 feet
along the east right of way line of North 25th Avenue; thence westerly
269°21'00" azimuth 195.92 feet along south line of said Lot 5 and its easterly
extension to the southwest corner of said Lot 5; thence northerly 000°56'14"
azimuth 337.11 feet along the west line of said Lots 5 through 8 inclusive to
the Point of Beginning.
WHEREAS,the total area of the KABLE SUBDIVISION ANNEXATION is as follows:
Kable Subdivision Annexation Agreement 1
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Area of Lots 5, 6, 7 and 8 = 46,176 square feet, 1.0601 acres or 4,289.9 square
meters. Subject to existing easements.
Area of adjacent North 25th Avenue = 20,231 square feet, 0.4644 acres or
1879.5 square meters. Subject to existing easements.
Total area = 66,407 square feet, 1.5245 acres or 6,169.4 square meters.
Subject to existing easements.
WHEREAS, the Landowner petitioned the City for annexation to the City of said =
tract of land; and
WHEREAS, the KABLE SUBDIVISION ANNEXATION is not within the corporate
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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, MCA; and
WHEREAS, all parties recognize that the annexation of the KABLE SUBDIVISION
ANNEXATION pursuant to Section 7-2-4601, et seq., MCA will allow the KABLE
SUBDIVISION ANNEXATION to connect to and utilize City services, including municipal
water and sewer service, as requested by Landowner's representative on June 8, 2016 and
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approved by the City on August 22, 2016; and
WHEREAS,.Section 7-2-4610, MCA provides that a municipality and landowner may
agree upon a plan for the provision of services to the area to be annexed; 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 KABLE SUBDIVISION ANNEXATION; and
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WHEREAS, the parties have determined that it is in the best interests of the City and
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Landowner, and in furtherance of the public health, safety and welfare of the community to 4
enter into and implement this Agreement.
WITNESSETH:
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IN CONSIDERATION of the mutual covenants and agreements herein contained, the
parties hereto agree as follows:
1. Recitals 1`
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The above recitals are true and correct.
2. Annexation
The Landowner applied for annexation of the KABLE SUBDIVISION ANNEXATION
with the City on June 8, 2016. By execution of this Agreement, the City manifests its intent
to annex the KABLE SUBDIVISION ANNEXATION tract pursuant to the terms and
conditions of this Agreement. Subject to the provisions of Title 7, Chapter 2, Part 46, MCA
the City shall, upon execution of this Agreement, adopt a Resolution of Annexation of the
KABLE SUBDIVISION 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 KABLE SUBDIVISION ANNEXATION.
3. Services Provided
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The City will, upon annexation, make available to the KABLE SUBDIVISION
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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
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provision of municipal water service 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 KABLE SUBDIVISION 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 KABLE SUBDIVISION ANNEXATION to include, but
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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
KABLE SUBDIVISION ANNEXATION. Nothing in this Agreement shall obligate the City to
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pay for right-of-way acquisition, engineering, construction and other costs for the sewer
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services to or within the KABLE SUBDIVISION ANNEXATION to include, but not limited to, f,
any impact fees, hookup, connection or development charges which may be established by
the City.
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6. Water Rights
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The Landowner agrees to pay cash in-lieu of water rights upon annexation in
accordance with Section 38.23.180, BMC. Upon further development or subdivision of the
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property, the amount of water rights or cash in-lieu thereof due at the time of development
or subdivision 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 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.
There are four existing lots zoned for residential use associated with this petition. A
residential use exists on Lot 7 and Lot 8 in Block 2 of the Kahle Subdivision. Cash in-lieu of
water rights for Lot 7 and Lot 8 in the amount of$2,808.00 (Two Thousand Eight Hundred
and Eight dollars and no cents) is due at the time of the return of the signed Annexation
Agreement to the City. In accordance with Section 38.23.180.C.3, BMC, the Landowner may
defer cash in-lieu of water rights for Lot 5 and Lot 6 in Block 2 of the Kable Subdivision, as
no uses exist on the parcels. The Landowner acknowledges and agrees to pay deferred cash
in-lieu of water rights at the time of development. The Landowner shall execute and record
Kable Subdivision Annexation Agreement 5
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the notice of restriction on future development of Lot 5 and Lot 6 in Block 2 of the Kable
Subdivision attached hereto as Exhibit "D" and hereby incorporated in and made a part of r.
this Agreement.
7. Comprehensive Water and Water Design Report
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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
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report must include hydraulic evaluations of each utility for both existing and post-
development
demands, and the report findings must demonstrate adequate capacity to
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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 property to complete, at Landowner's expense, the necessary system improvements to
serve the proposed development.
8. Future Development Limitations
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
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granted or implied, for the Landowner to further develop any of the KABLE SUBDIVISION n
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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 KABLE SUBDIVISION 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 Landowner's sole expense, any
facilities or infrastructure required to provide full municipal services to the KABLE
SUBDIVISION ANNEXATION in accordance with the City's infrastructure plans, adopted
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Growth Policies/Community Plans and all other city regulations, policies and guidelines
that may be in effect at the time of development.
9. Stormwater Master Plan
Landowner understands and agrees a Stormwater Master Plan for the KABLE
SUBDIVISION ANNEXATION for a system designed to remove solids, oils, grease, and other
pollutants from the runoff from adjacent public streets and the area of the KABLE R
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SUBDIVISION ANNEXATION may be required to be provided to and approved by the City x
Engineer at the time of any future development. Such 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 transport runoff to the stormwater receiving
channel(s). The plan shall include site grading and spot elevation information, flow
direction arrows, typical stormwater detention/retention basin and discharge structure
details, basin sizing calculations, culvert capacity calculations and Stormwater maintenance
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plan.
Kable Subdivision Annexation Agreement 7
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10. 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
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and/or of a City-wide Park Maintenance District. The Landowner agrees such SID will
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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. a
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 North 25th Avenue and Durston
Road. 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 shall execute a Waiver of Right-to-Protest Creation of Special
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Improvement Districts for intersection improvements to the intersection of North 27th
Avenue and Durston Road and the intersection of Fowler Avenue and Durston Road. The
Landowner agrees such an SID will provide a mechanism for the fair and equitable
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assessment of construction and maintenance costs for such improvements. The waiver is
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attached hereto as Exhibit "C" and is hereby incorporated in and made a part of this
Agreement.
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D. Landowner agrees that in the event an SID is not utilized for the completion of
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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
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a fair share, proportionate basis as determined by square footage of property, taxable
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valuation of the property, traffic contribution from the development or a combination
thereof.
11. Public Street and Utility Easement
The Landowner understands and agrees that public street and utility right-of-way is
necessary to support future development of the KABLE SUBDIVISION ANNEXATION. The
Landowner understands and agrees that a public street and utility easement shall be
provided for Durston Road across the entire northern property boundary of the subject
property. The public street and utility easement shall be from the northern Lot 8 boundary
line to 50' south from the centerline of Durston Road to accommodate long-term future
widening of Durston Road as it is designated as a minor arterial street in the City's long
range transportation plan. The Landowner, at its sole expense, has created such an
easement in a location and form agreeable to the City. The easement will be filed at the
Gallatin County Clerk and Recorder's Office. The easement must be provided to the City at
the time the signed Annexation Agreement is returned to the City.
12. Street Improvements
Landowner understands and agrees that at the time of any demolition, relocation or
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substantial improvement (as defined in 38.42.3060, BMC) to the single household dwelling
Kable Subdivision Annexation Agreement 9
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on the property, the two existing drive accesses off of Durston Road must be properly
abandoned with curb and gutter reconstructed, and a drive access meeting City standards
must be constructed along North 25th Avenue to serve the property.
13. Water and Sewer Service
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Landowner understands and agrees that within 60 days of City Commission
approval of the Annexation Agreement, the existing residence on the property must be
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connected to City water and sewer utilities. 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. The City Water and Sewer Superintendent may in his or her discretion consent to
extend the 60-day deadline to connect the existing residence on the property to City water
and sewer utilities.
Landowner further understands and agrees that upon 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. 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 k
must be provided. Landowner must notify the City Water and Sewer Superintendent a
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Kable Subdivision Annexation Agreement 10
minimum of 48 hours prior to disconnection of the well and septic system abandonment.
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The City Water and Sewer Superintendent may perform an inspection of the 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.
14. Impact Fees
Landowner acknowledges that annexation and future development of their property
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will impact the City's existing street, water and sewer infrastructure, and the City's fire
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service. Landowner agrees to pay: .
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a. Fire impact fees equal to the amount per Chpt. 2, Art. 6, Div. 9 BMC, or as
amended, at the 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 the 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 fees 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
Kable Subdivision Annexation Agreement �1
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Bozeman Municipal Code, as amended, in effect at the time an application for development
approval is deemed sufficient for review.
The existing dwelling on the property will begin receiving Emergency Medical
Service and Fire services upon annexation which represents new demand for service to be
mitigated with a fire impact fee payment of$220.54 (Two Hundred and Twenty dollars and
Fifty-Four cents) to be paid at the time the signed Annexation Agreement is returned to the
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City.
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Landowner further understands and agrees that any improvements, either on-site j4
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or off-site, necessary to provide connection of the KABLE SUBDIVISION 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 b, Division 9, Bozeman Municipal Code, as amended, and as such, are not
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eligible for impact fee credits.
If Landowner defaults on this condition at the time such condition is to be
performed, and if the default is not remedied or corrected within thirty (30) days after
written notice by City to the Landowner 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 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. Payback Districts
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The KABLE SUBDIVISION ANNEXATION is within multiple payback districts.
Landowner agrees to pay the following paybacks at the time the signed Annexation
Agreement is returned to the City.
a. HRDC 8" sewer payback amount of $7,480.51 (Seven Thousand Four Hundred
Eighty dollars and Fifty One cents)
b. HRDC 8" water payback amount of$9,096.67 (Nine Thousand Ninety Six dollars
and Sixty Seven cents)
c. HRDC 10" water payback amount of $855.64 (Eight Hundred Fifty Five dollars
and Sixty Four cents)
d. Main Mall sewer payback amount of $461.76 (Four Hundred Sixty One dollars
and Seventy Six cents)
e. Durston Road payback amount of$1,470.70 (One Thousand Four Hundred and
Seventy dollars and Seventy cents)
16. Additional Terms
A. Landowner acknowledges and agrees that within 60 days of City Commission approval
of the Annexation Agreement, an Amended Plat must be filed with the Gallatin County
Clerk and Recorder showing the relocation or removal of the existing boundary line
between Lots 7-8, Block 2, Kable Subdivision so the existing single household dwelling
will be located out of the required yards for the R-3, residential medium density zoning
district.
B. 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 with the KABLE SUBDIVISION
ANNEXATION. The parties further agree that the City may file these documents at any
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time.
Kable Subdivision Annexation Agreement 13
17. Governing Law and Venue
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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
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for County of Gallatin, State of Montana.
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18. Attorney'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 Attorney.
19. Waiver
No waiver by either party of any breach of any term, covenant or agreement shall be
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deemed a waiver of the same or any subsequent breach of this same or any other term,
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covenant or agreement. No covenant, term or agreement shall be deemed waived by either
party unless waived in writing.
20. Invalid Provision
The invalidity or unenforceability of any provision of this Agreement shall not affect
the other provisions hereof, and this Agreement shall be construed in all respects as if such
invalid or unenforceable provision were omitted.
21. Modifications or Alterations
No modifications or amendment of this Agreement shall be valid unless evidenced
by a writing signed by the parties hereto.
Kahle Subdivision Annexation Agreement 14
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22. 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.
23. Successors
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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,
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24. Covenants to Run with the Land
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The parties intend that the terms of this Agreement shall benefit the KABLE
SUBDIVISION 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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
Kable Subdivision Annexation Agreement 15
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DATED this day of �P�lb , 2016.
LANDOWNER
�--) ett Holze
STATE OF MONTANA )
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COUNTY OF 0LI
On this 144'�' day of D(C2XY()K1,tV , 2016, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared Brett Holzer known to me to be the
person that executed the within instrument, and acknowledged to me that he 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)
rinted m ere)
n�M.KAT CHLOE M.KATSILAs Notary Public for the State of
UZ`S�nTA/?�SAC.. NOTARY PUBLIC for the
r stag of Montana Residing at Wa
���•• l RPsj'R at East Helena,Montana
+ � � My Commission Expires: t I�l 2CJ �f
" My Commission Expires� Use 4 digits for expiration ear January 19,2019 ( g• P• on year)
Kable Subdivision Annexation Agreement 16
DATED this /`I day of b?cen?De , 2016.
LANDOWNER
Margaret Cleary
STATE OF MONTANA )
:ss
COUNTY 0176a,(,o,-bC4 t )
On this day of QeC�r- 2016, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared Margaret Cleary known to me to be
the person that executed the within instrument, and acknowledged to me that he executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
r— _• — (S
CHLOE M.KATSILAS
�?•�tnR '� NOTARY PUBLIC for the
State of Montana (Printe ame ere)
7C. ?�' )I ke.,,:J; galFastHelena,Montana Notary Public for the State of M4-W�
IAMy Commission Expires
M� January 19,2019 Residing at6jItILL9&
My Commission Expires: { / 11 / 24
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(Use 4 digits for expiration year)
Kable Subdivision Annexation Agreement 17
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DATED this Gday of 2016•
LANDOWN f
Leon Liebman
STATE OF MONTANA )
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COUNTY OF
On thisday of �C 11V_ , 2016,before me,the undersigned, a Notary
Public for the State of Montana, personally appeared Leon Liebman known to me to be the
person that executed the within instrument, and acknowledged to me that he executed the
same.
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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.
(SEAL)
AUSTIN BOSMA (Printed Name Here) 411711,
J• ?�`'; Notary Public s
P'aozAarq�s ';for the State of Montane Notary Public for the State of /Li7
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*: *= Residing at: Residing at 2 , f �,7
SEAL,' = Belgrade, Montana
My Commission Expires:��:Yfc�
My Commission Expires-
or
February 26,2020 (Use 4 digits for expiration year)
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Kable Subdivision Annexation Agreement 18
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DATED this day ofIJIi , 201�
CITY OwF*BOZEMAN
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By: Chris A. Kukulski, City Manager
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ATTEST: kv
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C terk of the i�'t•y C
TIN CO.l`10
STATE OF MONTANA )
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COUNTY OF lV ) q,�
On this day of ebtvar , 201�, before me, the undersigned, a Notary
Public for the State of Montana, persona y appeared Chris Kukulski and Robin Crough
known to me to be 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 an 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)
PEARL MICHALSON
Nolary Pubic (Printed Name Here)
_q�P•NOtARjA[,4 for the State of Montana Notary Public for the State of MT
Residing at:
SF,AL.=Q;< Bozeman, Montana Residing at �'�Qh�2✓��
9 • Q'.' My Commission Expires:
OF Me�` March 10,2020 My Commission Expires: 2o20
(Use 4 digits for expiration year)
Kable Subdivision Annexation Agreement 19
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Return to:
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City of Bozeman
City Clerk
PO Box 1230 t
Bozeman, MT 59771-1230 EXHIBIT "A"
WAIVER OF RIGHT-TO-PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICT
FOR A CITY-WIDE PARK MAINTENANCE DISTRICT
KABLE SUBDIVISION ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State
of Montana, and more particularly described as follows:
Lots 5, 6, 7 and 8, Block 2, Kable Subdivision, according to the plat thereof, on
file and of record in the office of the Clerk and Recorder, Gallatin County,
Montana, located in the Northeast Quarter of Section 11, Township 2 South,
Range 5 East of P.M.M.
SUBJECT to all easements of record or apparent from a visual inspection of
the property.
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 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
intention to create one or more special improvement districts which would include the
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above-described property.
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Kable Subdivision Annexation Agreement 20
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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.
DATED this. day of be4-'-e 1 e;- , 2016.
LANDOWNER
ZIf
rett Hoy z
STATE OF MONTANA )
:ss
COUNTY OF Aallac-hn )
On this 11444' day of C2�'Vt.r!x� , 2016, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared Brett Holzer known to me to be the
person that executed the within instrument, and acknowledged to me that he 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) /
CHLOE M.KATSiLAS W
rinted Name Here)
NOTARY PUBLIC(fir the
State of Mlntar,a Notary Public for
/the
' State of
fit:tL Residing at East Helena,tdudans Residingat
My Commission Expires
t_
�M January 19,2019 My Commission Expires: t W—L?
(Use 4 digits for expiration year)
Kable Subdivision Annexation Agreement 21
DATED this day of .P vv 2016.
LANDOWNER
'--V 0"-JVk" I
Margaret&eary
STATE OF MONTANA )
/� :
COUNTY OF�J�h?'iss
)
On this 1LH`h day of (J'12Ck XJ9-r , 2016, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared Margaret Cleary known to me to be
the person that executed the within instrument, and acknowledged to me that he executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
Ile ."".KA,s& NOTARY P�!RL�C``'r rinted a ere)
jAnState of
c ResiJicg at Casa i!e ,a,':• n ana
Notary Public for the State o
-T My Commissio, (�2n V63 Residing at&2L -Lal
T M January
,� 19 20
My Commission Expires: /Iq���
(Use 4 digits for expiration year)
Kable Subdivision Annexation Agreement 22
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DATED this Gday of 2016.
LANDOWNER
r
Leon Liebman
STATE OF MONTANA )
:ss
COUNTY OF ll h )
On this day of 4LLeli� 2016, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared Leon Liebman known to me to be the
person that executed the within instrument, and acknowledged to me that he 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)
AUSTIN BOSMA
,.`J9�.••.,s [Printed Name Here)
P.• ?sue: Notary Public •T
�0TAArg4. for the State of Montana Notary Public for the State of
* — Residing at: Residing at Fy/sf:
Belgrade, Montana My Commission Expires:
,maco nny Commission Expires: (fuse 4 digits for expiration year)
February 26,2020
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Kable Subdivision Annexation Agreement 23
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Return to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman, MT 59771-1230 EXHIBIT "B"
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WAIVER OF RIGHT TO PROTEST CREATION OF I'
SPECIAL IMPROVEMENT DISTRICTS FOR STREET IMPROVEMENTS
KABLE SUBDIVISON ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State
of Montana, and more particularly described as follows:
Lots 5, 6, 7 and 8, Block 2, Kable Subdivision, according to the plat thereof, on
file and of record in the office of the Clerk and Recorder, Gallatin County,
Montana, located in the Northeast Quarter of Section 11, Township 2 South,
Range 5 East of P.M.M.
SUBJECT to all easements of record or apparent from a visual inspection of
the property.
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 North 25th Avenue and Durston Road which will be caused by the
1
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
i
more special improvement districts for the construction and maintenance of following
improvements: paving, curb and gutter, sidewalk, lighting and storm drainage facilities for
North 25th Avenue or Durston 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
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create one or more special improvement districts which would include the above-
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described property.
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Kable Subdivision Annexation Agreement 24
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In the event an 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 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#day of hek--e4lde — , 2016.
LANDOWNER
rett Hol e
STATE OF MONTANA )
•ss
COUNTY OFGAjajk, )
On this )4f41 day of 2016, before me, the undersigned, a Notary
Public for the State of Montana, ersonally appeared Brett Holzer known to me to be the
person that executed the within instrument, and acknowledged to me that he 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)
CHLOE M.KA7SILAS
w'4 garC, NO1ARY PIJBUC for ttta
Na e e)
S/to
State of,lentana
t, ��AL Residing at East Helena,rtoblic for the State of Il/lUVl�` Yl� My Commission Expirat EastJanuary 19,2019 ission Expires: i/1R/2PJ��
(Use 4 digits for expiration year)
Kable Subdivision Annexation Agreement 25
DATED this I LI day of bV r P t4n )L,P P , 2016.
(LANDOWNER
vV Y
Margaret eary
STATE OF MONTANA )
:ss
COUNTY OF80/M )
On this *1 day of T�CO2 f'YL r , 2016, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared Margaret Cleary known to me to be
the person that executed the within instrument, and acknowledged to me that he 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)
CHLOE M.KATSILAS ( rinted Na )
100 K*It/Yl�c--�
NOIARY PUBLIC for the Notary Public for the State of
",R,,
Sf1F.o of MonLL na Residing at
r,t East I.eiona,Mcnlans ^
[Ay Commission Expires My Commission Expires: I `�
a-M January 19,209 (Use 4 digits for expiration year)
Kable Subdivision Annexation Agreement 26
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DATED this day of l��i d ,2016,
LANDOWN
c.
Leon Liebman
STATE OF MONTANA )
:ss
COUNTY OF 7i )
On this %3 day of � '1-i� 2016, before me,the undersigned, a Notary
Public for the State of Montana, personally appeared Leon Liebman known to me to be the
person that executed the within instrument, and acknowledged to me that he executed the
same.
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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.
(SEAL) -a''(Printed Name Here) lht,
AUSTIN BOSMA Notary Publi for the State of M
e. Notary Public Residing at r
�pTAA/44 _for the State of Montana
SEAL * Sesrding at: My Commission Expires:l=e a c�
` r 8eJ rade, Montana
9 '•. P?: 9 (Use 4 digits for expiration year)
or '0,,, MY Commission Expires:
February 26,2020
EXHIBIT"C"
Kahle Subdivision Annexation Agreement 27
i
Return to:
City of Bozeman
City Clerk
P4 Box 1230
Bozeman, MT 99771-1230
WAIVER OF RIGHT TO PROTEST CREATION OF
SPECIAL IMPROVEMENT DISTRICTS FOR INTERSECTION IMPROVEMENTS
KABLE SUBDIVISION ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State
of Montana, and more particularly described as follows:
Lots 5, 6, 7 and 8, Block Z, Kable Subdivision, according to the plat thereof, on
file and of record in the office of the Clerk and Recorder, Gallatin County,
Montana, located in the Northeast Quarter of Section 11, Township 2 South,
Range 5 East of P.M.M.
SUBJECT to all easements of record or apparent from a visual inspection of
the property.
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 intersections of North 27th Avenue and Durston Road and Fowler
i
Avenue and Durston Road 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
f
forever the right to protest the creation of one or more special improvement districts for
the construction and maintenance of following improvements: intersection improvements
for North 271h Avenue and Durston Road and intersection improvements for Fowler
Avenue and Durston Road to serve the property, 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 I
s
above-described property.
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Kable Subdivision Annexation Agreement 28
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In the event an 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 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.
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Kable Subdivision Annexation Agreement 29
3
DATED this-L�—dayof hew~ ` , 2016,
LANDOWNER
L-irett Ho e
STATE OF MONTANA )
•ss
COUNTY OFCI )
On this I LHkIday of Ll(`k-"1- -' - . 2016, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared Brett Holzer known to me to be the
person that executed the within instrument, and acknowledged to me that he 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) rn
(Printed Nam er
�oEM.kgps _, t ^. . ,;ws Notary Public for the State of &AftIR nk--)
sna Npf,.; Residing at
Moita
SEAL ft�;;.;, '� My Commission Expires:
�M Myna
rn,i.::,;;,;E.-pir2s (Use 4 digits for expiration year)
Janua
Kable Subdivision Annexation Agreement 30
DATED this day of Lc2e wx�_, 2016.
LANDOWNER
Marga t Cleary
STATE OF MONTANA )
:ss
COUNTY OF IGrt�►'l )
On this 144'1 day of 7�►� , 2016, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared Margaret Cleary known to me to be
the person that executed the within instrument, and acknowledged to me that he 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)
WrinteHere)
CHLOE M.KATSILpS
lAR NOiARY PUBLIC for the Notary Public for the State ofWLMAAA—)
State of f/IonGinp
`; L Residing at East l l�leoa,,Mchitana Residing at I P,f'i�
My Commission Expires My Commission Expires: I`) 201
r January 19,2019 (Use 4 digits for expiration year)
Kable Subdivision Annexation Agreement 31
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DATED this day off , 2016. f
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LANDOWNER }
Leon Liebman
STATE OF MONTANA )
COUNTY OF '�k
On this day of D2'<X450016, before me,the undersigned, a Notary
Public for the State of Montana, personally appeared Leon Liebman known to me to be the x
person that executed the within instrument, and acknowledged to me that he 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) GG¢,�• ��'—
AUSTIN BOSMA (Printed Name Here) r �7
5C4N BpS'
J •' ?> Notary Public Notary Publi r the State of 41
:�OTARIj :for the State of Montana Residing at O2lj l lC, Ott
Residing at:
,.SEAL.=�, Belgrade, Montana My Commission Expires: � Q
,?iF ••• P= My commission Expires: (Use 4 digits for expiration year) 7
OF Mp,, February 26,2020 y
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Kable Subdivision Annexation Agreement 32
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ecorded original to:
Ci of Bozeman
Depar ent of Community Development o
20 E. Olive eet r
Bozeman,MT 9715
"=turn to:
4;ity of Bozeman
City Uerk EXHIBIT "D"
PO BOX 1230
3ozornarl, MT 59771-1230
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NOTICE OF BUILDING PERMIT RESTRICTIONS
THE KABLE SUBDIVISION ANNEXATION l
LOTS 5-6. BLOCK 2. KABLE SUBDIVISION. CITY OF BOZEMAN, MONTANA l
NOTICE IS HEREBY GIVEN to all potential purchasers of Lots 5 and 6 in Block 2,
within the Kable Subdivision, which is described herein, that the annexation of Lots 5-8,
Block 2, Kable Subdivision was completed with the deferral of payment of cash in-lieu of
water rights for Lots 5 and 6 in accordance with Section 38.23.180 of the Bozeman
Municipal Code. The property is more particularly described as follows:
Lots S and 6, Block 2, Kable Subdivision, located in the Northeast Quarter of
Section 11, Township 2 South, Range 5 East of P.M.M., City of Bozeman,
Gallatin County, Montana according to the plat thereof, on file and of record
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in the office of the Clerk and Recorder, Gallatin County, Montana.
l
THEREFORE, BE ADVISED, that Building Permits for Lots 5 and 6 in Block 2 of
the Kable Subdivision, City of Bozeman, Montana will not be issued until cash in-lieu of
water rights is paid and accepted by the City of Bozeman.
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Kable Subdivision Annexation Agreement 33
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DATED this 13 day of C�L,l�� , 2016.
LANDOWNER��2
�/
Leon Liebman
STATE OF MONTANA )
:ss
COUNTY OF
On this 3� day of 2016, before me, the undersigned, a Notary
Public for the State of Montana,personally appeared Leon Liebman known to me to be the
person that executed the within instrument, and acknowledged to me that he executed the
same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seat the
day and year first above written.
(SEAL) '
AUSTIN BOSIVIA
Notary Public (Printed Name Here)
P�oTAArR�r _for the State of Montana Notary public for the State of
Residing at-
SEAL.-* / '��r�r, .�T SEAEJ.=
��r: Belgrade, Montana
My commission Expires: My Commission Expires:
February 26,2020
•, ,., ' (Use 4 digits for expiration year)
Kahle Subdivision Annexation Agreement 34
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