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HomeMy WebLinkAboutResolution 4628 Rocky Mountain Retail LLC Annexation (Murdoch's) COMMISSION RESOLUTION NO. 4628 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 CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT. WHEREAS, the City of Bozeman received a request for annexation from Rocky Mountain Retail LLC requesting the City Commission to extend the boundaries of the City of Bozeman so as to include an area of land containing 3.889 acres, located at 2507 and 2511 N. Seventh Avenue; and WHEREAS, Rocky Mountain Retail LLC, is the current landowner of record of property described as Tracts 5, 6, 9 & 10, Gordon Mandeville State School Section Subdivision located in the SE1/4 of Section 36, Township 1 South, Range 5 East, P.M.M., Gallatin County, Montana,requesting the City Commission to extend the boundaries of the City of Bozeman; and WHEREAS, An annexation staff report has been prepared in accordance with the Commission's goals and policies for annexation and was presented to the Commission on July 20, 2015; and WHEREAS, A public meeting on said annexation petition was duly noticed and held on July 20,2015; and WHEREAS,No members of the public spoke in regards to said annexation at the public meeting; and 2526900 Q�P Page: 1 of 23 10/06/2015 12:19:55 PM Fee: $161.00 1 Charlotte Mills - Gallatin County, MT MISC IIIIIII IIIIII���IIIII����IIIIIII�IIIII IN IIII IIIII IIIII IIIII IIIIIII III 1111111111 IN 1111 Resolution 4628, Murdochs Annexation WHEREAS, The City did not receive any written protest from the real property owners of the area to be annexed; and WHEREAS, On July 20, 2015, the Commission preliminarily approved the annexation and authorized City Staff and the Landowner to prepare and execute the final annexation agreement to be presented for consideration at a future City Commission meeting; and WHEREAS, on September 28, 2015, the Commission reviewed and approved the final annexation agreement and authorized City Staff and the Landowner to execute the documents; and 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, 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 Tracts 5, 6, 9 & 10, Gordon Mandeville State School Section Subdivision located in the SETA of Section 36, Township 1 South, Range 5 East, P.M.M., Gallatin County,Montana; and 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 Commission of the City of Bozeman,Montana,that: Section 1 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 so as to embrace and include such 3.889 acres,to wit: Page 2 of 4 Resolution 4628, Murdochs Annexation Legal Description A tract of land located in the SE1/4 of Section 36, Township 1 South, Range 5 East, P.M.M., Gallatin County, Montana, more particularly described as follows: Tracts 5, 6, 9 & 10, Gordon Mandeville State School Section Subdivision. SUBJECT to all easements of record or apparent from a visual inspection of the property. The described parcel has an area of 3.889, more or less as described on the Murdochs Annexation Map. Section 2 The effective date of this annexation is September 28, 2015. Section 3 The annexation of the above-described tract is subject to the terms of the Agreement dated September 9, 2015, by and between the City of Bozeman and Rocky Mountain Retail 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 28th day of September,2015. Page 3 of 4 Resolution 4628, Murdochs Annexation JE K. USS ��♦5O2 . Ma r ATTEST: S A l�, My APPROVED AS TO FORM: GhiEGAILLIVAN City Attorney Page 4 of 4 MURDOCH'S ANNEXATION AND ZONE MAP AMMENDMENT OF TRACTS 5, 6, 9 & 10 OF THE GORDON MANDEVILLE STATE SCHOOL SECTION SUBDIVISION SITUATED IN THE SE1/4 OF SECTION 36, T1S, R5E, P.M.M., GALLATIN COUNTY, MONTANA N Bpio-e Aa Noam �,�,:YA=.a>.�e•:/new AL: .�wa aLsaxr eoavAv arr furs c.nl n NOT pMa aT sus AwuuauG I for pA I i - &tZSTING COUNTY ZONING Y—I I _ I res 58930'S5'E 4/0.0.3'5' I i 1 I as I from' eam I I I to,/eA ) I varwxr prs� 1 �;� \ ncz urw sawa-ue' I ms LOT 6 � \ LOT 9 3 I i 1 I �o uvvu rrzn R 79MG COUNTY ZONING Y-1 I PROPOSED CITY ZONING B-2 tly , tory1. 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Rouse Avenue Bozeman, MT 59715 MURDOCH'S ANNEXATION AGREEMENT THIS AGREEMENT made and entered into this c�'O�- day of 1� , 2015, 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 Rocky Mountain Retail, LLC, 2311 N. Seventh Avenue, 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 MURDOCH'S ANNEXATION situated in Gallatin County, Montana, and more particularly described as follows: A tract of land located in the SEU4 of Section 36, Township 1 South,Range 5 East, P.M.M., Gallatin County,Montana,more particularly described as follows: Tracts 5, 6, 9 & 10, Gordon Mandeville State School Section Subdivision. SUBJECT to all easements of record or apparent from a visual inspection of the property. The described parcels have a combined area of 3.889. WHEREAS, the Landowner petitioned the City for annexation to the City of said tract of land; and MURDOCH'S ANNEXATION AGREEMENT/PAGE 1 WHEREAS, the MURDOCH'S 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, MCA; and WHEREAS, all parties recognize the annexation of the MURDOCH'S ANNEXATION pursuant to Section 7-2-4601, et seq., MCA, and will allow the MURDOCH'S 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, MCA, 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 MURDOCH'S 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 MURDOCH'S 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. WITNESETH: 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. MURDOCH'S ANNEXATION AGREEMENT/PAGE 2 2. Annexation The Landowner filed an application for annexation of the MURDOCH'S ANNEXATION with the City on May 6, 2015. By execution of this Agreement, the City manifests its intent to annex the MURDOCH'S 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 MURDOCH'S 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 MURDOCH'S ANNEXATION. 3. Services Provided The City will, upon annexation, make available to the MURDOCH'S 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 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 MURDOCH'S 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 MURDOCH'S ANNEXATION, including, but not limited to, any impact fees, hook-up, connection, or development charges which have been or may be established by the City. MURDOCH'S ANNEXATION AGREEMENT/PAGE 3 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 MURDOCH'S 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 MURDOCH'S ANNEXATION, including, but not limited to, any impact fees, hookup, connection, or development charges which may be established by the City. 6. Water Rights The Landowner specifically recognizes and agrees that provisions for water rights or cash in- lieu of water rights shall be further provided upon development or subdivision of the property in accordance with Section 38.23.180, BMC. The amount of water rights or cash-in-lieu thereof due at the time of 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 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. The Landowner must perform a water rights search to determine if any exist for this property. Any water rights that exist for this property must be transferred to the City of Bozeman prior to development. If insufficient water rights exist, cash-in-lieu of water rights, in an amount determined by MURDOCH'S ANNEXATION AGREEMENT/PAGE 4 the Director of Public Service, must be paid prior to development in accordance with Section 38.23.180, BMC. 7. 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 MURDOCHS ANNEXATION to complete, at Landowner's expense, the necessary system improvements to serve the proposed development. 8. 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 MURDOCH'S 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 MURDOCH'S 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 MURDOCH'S ANNEXATION AGREEMENT/PAGE 5 infrastructure required to provide full municipal services to the MURDOCH'S 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. 9. Stormwater Master Plan Landowner understands and agrees a Stormwater Master Plan for the MURDOCH'S 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 MURDOCH'S ANNEXATION may be required to be provided to and approved by the City 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 plan. 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. 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 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 MURDOCH'S ANNEXATION AGREEMENT/PAGE 6 facilities for: North 7tn 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 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. 11. Public Street and Utility Easement The Landowner and City understand and agree that public street and utility easement or dedicated right-of-way necessary to serve this property presently exist. 12. 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. 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. One existing building on the site will begin receiving fire/EMS services upon annexation which represents new demand for service to be mitigated with a fire impact fee payment of$123.43 which is due upon return of the signed Annexation Agreement to the City. MURDOCH'S ANNEXATION AGREEMENT/PAGE 7 Landowner further understands and agrees that any improvements, either on-site or off-site, necessary to provide connection of the MURDOCH'S 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 the 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 t h e 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; and b) Elect any other remedy available to the City under the laws of the State of Montana. 13. 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 with the MURDOCH'S ANNEXATION. The parties further agree that the City may file these documents at any time. 14. GoverninLy 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 the County of Gallatin, State of Montana. 15. 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 MURDOCH'S ANNEXATION AGREEMENT/PAGE 8 reasonable attorney's fees and costs, to include the salary and costs of in-house counsel including City Attorney. 16. 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. 17. 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. 18. Modifications or Alterations No modifications or amendment of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto. 19. 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. 20. 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. MURDOCH'S ANNEXATION AGREEMENT/PAGE 9 21. Covenants to Run with the Land The parties intend that the terms of this Agreement shall benefit the MURDOCH'S 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. MURDOCH'S ANNEXATION AGREEMENT/PAGE 10 LANDOWNER Rocky Mountain Retail,LLC Tr2 aS i (On behalf oj) (Capacity) STATE OF Mom nk ) :ss COUNTY O&IL-6 ) On this day of , 2015, beef re me the ndersigned, a Notary Public for the State of , personally appearedjUknown to me to be he person that executed the within instrument, and acknowledged to me"Ybadhe executed the same as_12 n i 4 U on behalf of Rocky Mountain Retail, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) d ( rinted Name Here) ALLISON R COFFMAN Notary Pub ' for the State of MQO&IZ Notary Public Residing at { for the State of Montag ir: My Commission Expires: Residing at: SF,AI..Q, Bozeman, Montana (Use 4 digits for expiration year) P; My Commission Expires: 9 OF MO June 19, 2017 MURDOCH'S ANNEXATION AGREEMENT/PAGE I I 1 CITY OF BOZEMAN By: Chris A. Kukulski, City Manager ATTEST: tjOF.B o> f•.j � 61.I��.t _ ._! r�• Cle �JrU�N:+. 1683 STATE OF MONTANA ) :SS COUNTY OF GALLATIN ) On this day of ay W, , 2015,before me, a Notary Public for the state of Montana,personally appeared Chris 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) Cone Mma S (Printed Name Here) CORIE THOMAS Notary Public for the State of Montana Q .' Notary Public Residing at NptnHrq�. -for the State of MontannResid ng at: My Commission xpires: u9Sl;AI..P�Q; Belgrade,i Montana (Use 4 digits for expiration year) �.. o�Mod; My Commission Expires: June 19, 2019 MURDOCH'S ANNEXATION AGREEMENT/PAGE 12 EXHIBIT "A" WAIVER OF RIGHT-TO-PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICT FOR A CITY-WIDE PARK MAINTENANCE DISTRICT MURDOCH'S ANNEXATION The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: A tract of land located in the SE1/4 of Section 36, Township 1 South, Range 5 East, P.M.M., Gallatin County, Montana, more particularly described as follows: Tracts 5, 6, 9 & 10, Gordon Mandeville State School Section Subdivision. 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 above-described property. This waiver is made for the benefit of the property described above and shall be a covenant running with the land. MURDOCH'S ANNEXATION AGREEMENT/PAGE 13 ( 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 2015. LANDOWNER Rocky Mountain Retail,LLC (On behalf oj) (Capacity) STATE OF ) :ss COUNTY GV ) On this day of �� , 2015, bef� me, he undersigned, a Notary Public for the State of , personally appeared known to me to be perso that executed the within instrument, and acknowledged to me that e executed the same as J on behalf of Rocky Mountain Retail, LLC. -hre4svrcr IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. C6 ALLISON R COFFMAN Notary Publle Q 1 Aw,14.y for the State of Montana (Printed Name Here) ' J *• " . Residingat: Bozeman, Notary Pu for the State of M Montana Y ' My Commission Expires: Residing at June 19, 2017 My Commission Expires;) 1� (Use 4 digits for expiration year) MURDOCH'S ANNEXATION AGREEMENT/PAGE 14 EXHIBIT "B" WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS MURDOCH'S ANNEXATION The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: A tract of land located in the SE1/4 of Section 36, Township 1 South, Range 5 East, P.M.M., Gallatin County, Montana, more particularly described as follows: Tracts 5, 6, 9 & 10, Gordon Mandeville State School Section Subdivision. 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 N. 7"' Avenue 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, storm drainage facilities for North 7t"Avenue, 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 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. MURDOCH'S ANNEXATION AGREEMENT/PAGE 15 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 7' day of -" P , 2015. LANDOWNER w N Rocky Mountain Retail, LLC (On behalf q) (Capacity) STATE OFkt ) :ss COUNTY O ) On this day o 9&c , 2015, bef re me, the undersigned, a Notary Public for the State of , personally appeared known to me to be t perso that executed the within instrument, and acknowledged to in at 14Gexecuted the same as on behalf of Rocky Mountain Retail, LLC. a,wrer IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) , l 501Ay (Printed Name Here) att iON R CO IAI�� Notary Publk for the State of for the slato of Residing at 0 My Commission Expires: � - j :�, .:tii;Al..�;: �c,zertl�►r�, �dt®fltaft�=1 t�n �, my comminloft E��ir� � (Use 4 digits for expiration year) Juno 19, 20 t (Use 4 digits for expiration year) MURDOCH'S ANNEXATION AGREEMENT/PAGE 16 MURDOCH'S ANNEXATION AND ZONE MAP AMMENDMENT OF TRACTS 5, 6, 9 & 10 OF THE GORDON MANDEVILLE STATE SCHOOL SECTION SUBDIVISION SITUATED IN THE SE1/4 OF SECTION 36, T1S, R5E, P.M.M., GALLATIN COUNTY, MONTANA aou ..11—IF a 9uwr aAeetrYr BOZE9YAN an tears I 1 l0r rA 1 JWSMG COUNTY ZONING M-1 1 �I el v.twr _ I _w eov n moo'lsl r I zl w.e 689'S0'5'E 44. 1 A i 1 I�aM esM 1 � 1 I 1 1 jI 1 LOr 1BA 1 r 1 wcwr anrts dyx 1 � I I ',3 \ w:t uru smut xea 1 f ins 3 LOT 6 1 YY LOT 9 1 1 \ <pp 1 1 8 vi 1 eAPtiy 9i i uv>iArrm R R E17S97NG COUNTY ZONING Y-1 PROPOSED CITIr ZONING B-2 i u 8 1 «zanwn I Fx,� i LOtY�n°B,IT 1 c«tuursn asvgn rnvun 1 I 1 CB euda 1 2+N LOT 10 LOT 5 I 1 IiZIS17NG COUNTY ZONING M-1 1 I 1 PROPOSED CITY ZONING B-2 I 1 rw AnF I Ba..rL 1 Ra 1 ___ Or itrBOID/A4 on r1a0a' as1Y 1V _N89'51'36' tar 1J I � _ __ms.rws v.�ro ______ 1 �,j lAnrs 1 I 1 w i uui LOr 1 1 1 91 IwsmG CITY ZONING B-2 bj bl GL I 1 1 wur meaoi I 1 � I , I i I i I i cesaBpnon A lrad vl lane beis9 IOta 5,q 9 and l0 vl Ue Oadm Ymdnine stale Sdied s<dim '.. swawlm,uwatw a u YI/A S clM]6,Tis,RBC.P.0 u.,Oavatln CamtY.Ym(mv.and ',. b<Fy MIM1a dexoaed va iMe.s < '.. Begin Y vt the aaulh<vel Noma I Iv!)A of fh<satId 1—Po dx 1 al lots)k 0 of Ue teem mdex8le Sfvle Sd+vd Seclbn SAd✓.Wm, d p9Nt v beH9 m the ae>taly nghl-pl-waY a a:h)ln A thence fr vNl al be9'^^tig dm9 xa 4MY riq t-vl-rl N aL v e sW09'4)'W 30.94 le 1v naUavxl al Lvl 11 al the Bar -d-St-S—I Seclbv Sub 1.thm<e dm9 the ealh f e vl Iv and it I sdd v m II—I'86'W 440,11 feet tv v DeNI m lAe tMY rlyht-a•ai Dne al ilea tine:ihm<e dm9 dd 585.02 1<et lv the aulh.esl caner a Lvl>A vl the AmndId I't-a0 10L l vIN>k1l0 8 0. Oaem Ilmdavna State S hn SW U l91 inmca ding <>tt l a ald bl )A 58950'S5'E AIBOJ 1<cl I.Necponf vl bg.Fq..sa'd Tract being 3889 vaeA GASTbN RNGlNERRING SUwww1C d S19BS'Tmma METES AND BOUNDS DESCRIPTION FOR MURDOCK'S ZONE MAP AMENDMENT A tract of land being lots 5, 6, 9 and 10 of the Gordon Mandeville State School Section Subdivision, situated in the SE1/4 Section 36,T1S, RSE, PMM, Gallatin County, Montana, and being further described as follows: Beginning at the southeast corner of lot 7A of the Amended Plat of Lots 7 & 8 of the Gordon Mandeville State School Section Subdivision, said point also being on the westerly right-of-way line of North 7th Avenue;thence from said point of beginning along said westerly right-of-way line of North 71h Avenue S00°09'47"W 384.94 feet to the northeast corner of Lot 11 of the Gordon Mandeville State School Section Subdivision;thence along the north line of lots 4 and 11 of said subdivision N89'51'36"W 440.11 feet to a point on the easterly right-of-way line of Flora Lane;thence along said right-of-way line N00*10'32"E 385.02 feet to the southwest corner of Lot 7A of the Amended Plat of Lots 7 & 8 of The Gordon Mandeville State School Section Subdivision:thence along the south line of said lot 589'50'55"E 440.03 feet to the point of beginning. Said Tract being 3.889 acres.