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HomeMy WebLinkAbout18- Annexation Agreement - TKA Properties - Starner Annexation EE ED Original to: 2609159 Page: 1 of 36 03/23/2018 04:01:50 PM Fee $252.00 City CleCity of rk Bozeman IIII IIIIIIIIItI11��1111111111111�11111IN 1111�11111111111111�11111III111111111111111111 MISC PO Box 1230 Bozeman, MT 59771-1230 STARNER ANNEXATION AGREEMENT THIS AGREEMENT made and entered into this_10:�day of roAV-6-4 . 2018,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 TKA PROPERTIES, 1276 N 15th Ave Suite 103, Bozeman, MT 59715, hereinafter referred to as "Landowner". The City and Landowner are collectively referred to as "the Parties." WITNESSETH: WHEREAS, Landowner is owner in fee of a tract of certain real property,hereinafter referred to as the STARNER ANNEXATION situated in Gallatin County, Montana, to be referred to herein as "the Property" and more particularly described as follows: The property is located at the southwest corner of the intersection of Reeves Road East and Campbell Road. The property is further described as: A tract of land being Lot 3, Block 2,and a portion of the Campbell Road Right- of-Way of the Walker Property Subdivision,Plat J-164 located in the Southeast One-Quarter of Section 26 and the Southwest One-Quarter of Section 25, Township 1 South, Range 5 East, P.M.M. more particularly described as follows; Beginning at the Southwest Corner of Lot 3, Block 2; thence along the East Right of Way boundary of 19th Avenue N12°19'53"E, a distance of 24.01 feet to a point; Starner Annexation Agreement 1 thence along a spiral curve being the East Right of Way boundary of 19th Avenue with a chord bearing of N09°44'47"E,and a chord length of 268.12 feet to a point; thence along said 19th Avenue Right of Way,along a curve concave to the West 181.44 feet,having a radius of 1094.93 feet, a delta angle of 9°29'40",a chord bearing of N00°05'02"E,and having a chord length of 181.23 feet,to a point; thence along a curve concave to the South 347.68 feet, having a radius of 990.21 feet, a delta angle of 20°07'03", a chord bearing of S62°26'40"E, and having a chord length of 345.90 feet to a point; thence along the Eastern Right of Way boundary of Campbell Road, S24°50'01"W,a distance of 109.27 feet to a point; thence continuing along the Eastern Right of Way boundary of Campbell Road, along a curve concave to the Northwest 356.50 feet,having a radius of 1744.28 feet,a delta angle of 11°42'37",a chord bearing of S30°41'19"W,and having a chord length of 355.88 feet,to a point; thence along the Northern Right of Way boundary of US Highway 10, N53°27'23"W,a distance of 161.71 feet to the point of beginning containing 2.658 acres more or less. Subject to all easements of record or apparent from a visual inspection of the property. WHEREAS,Landowner petitioned the City for annexation to the City of said Property; and WHEREAS, the Property 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 that the annexation of the Property pursuant to Section 7-2-4601,et seq.,MCA will allow the Property to connect to and utilize City services, including municipal water and sewer service, stormwater infrastructure, fire service, and the City's street system,as requested by Landowner on September 6,2017 and approved by the City on November 6,2017; and Starner Annexation Agreement 2 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 parties recognize additional development on the Property will impact area streets, police, fire, and recreation services, water and sewer systems, among others, and that development of the property will require improvements to City facilities and services including streets for traffic circulation and the provisions of police, fire, fire, and recreational services; and WHEREAS, Landowner finds this Agreement will provide for the most satisfactory and dependable water supply and sewer service, stormwater infrastructure, and provide traffic circulation and City services necessary for development of the Property; and WHEREAS,the parties have determined that it is in the best interests of the City and Landowner,and in furtherance of the public health,safety,and welfare of the community to enter into and implement this Agreement. WITNESSETH: 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 Landowner filed an application for annexation of the Property with the City on April 12,2017. By execution of this Agreement,the City manifests its intent to annex the Property Starner Annexation Agreement 3 pursuant to the terms and conditions of this Agreement and Landowner agrees to be bound by the terms of this Agreement in regards to any future development of the Property..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 Property. Further, upon the execution of this Agreement, 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 Property. 3.Services Provided The City will, upon annexation, make available to the Property 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 Property.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 Property 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 Starner Annexation Agreement 4 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 Property. Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition,engineering,construction,and other costs for the sewer services to or within the Property to include,but not limited to,any impact fees,hookup,connection,or development charges,which may be established by the City. 6.Water and Sewer Connections Landowner understands and agrees that 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. 7.Water Rights Landowner agrees to provide water rights or cash-in-lieu of water rights to the City at an amount equal to the anticipated average annual water demand required for any new connections or new development on the property in accordance with Section 38.23.180, Bozeman Municipal Code. Upon further development or subdivision of the 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, Starner Annexation Agreement 5 Landowner acknowledges that the rates for cash-in-lieu of water rights may increase over time as established by Resolution of the City Commission. 8.Comprehensive Water and Water Design Report Prior to further future development of the property the City may require 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, Landowner agrees prior to development of the Property to complete, at Landowner's expense, the necessary system improvements to serve the proposed development.The city requires the looping of water mains where possible per City of Bozeman Design Standards and Specification Policy Section V.S. The applicant is advised the City will evaluate the water main connection and looping requirements at the time of any future development. 9.Future Development Limitations Landowner understands and agrees that there is no right, either granted or implied, for Landowner to further develop any of the Property until it is verified by the City that the necessary municipal services, including but not limited to police and fire protection,streets, stormwater infrastructure, and sewer and water capacity, as provided herein or as may be Starner Annexation Agreement 6 required pursuant to the City's approval of an application for development of the Property, are available to all or a portion of the Property. Notice is thus provided to Landowner that prior to additional development of the property, any facilities or infrastructure required to provide full municipal services to the Property must be constructed in accordance with the City's infrastructure master plans,adopted Growth Policies/Community Plans,and all other city regulations,policies,and guidelines that may be in effect at the time of development. 8. The applicant is advised that the property falls within the Bozeman Solvent Site boundary. The property is underlain by an aquifer contaminated with perchloroethylene (PCE). No irrigation wells may be installed on this property. Upon future development, Campbell Road must be constructed to a full local street standard from the intersection of Frontage Road to the northern property boundary, prior to a future final plat or site plan approval. The City may accept a less that full local street construction or waiver if it deems appropriate to coordinate with development of the larger area. 10. Stormwater Master Plan Landowner understands and agrees a Stormwater Master Plan for the Property for a system designed to remove solids, oils, grease, and other pollutants from the runoff from adjacent public streets and the area of the Property will 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 must include site grading and spot elevation information,flow Starner Annexation Agreement 7 direction arrows, typical stormwater detention/retention basin and discharge structure details,basin sizing calculations,culvert capacity calculations,and stormwater maintenance plan. 11. Waiver of Right-to-Protest Special Improvement Districts A. Landowner must 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. 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 must 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 Campbell Road. 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 must 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 Frontage Road. Landowner agrees such an SID will provide a mechanism for the fair and equitable assessment of construction and maintenance costs for such improvements. The waiver is attached hereto as Exhibit"C"and is hereby incorporated in and made a part of this Agreement. Starner Annexation Agreement 8 D. Landowner must execute a Waiver of Right-to-Protest Creation of Special Improvement Districts for improvements to Reeves Road East. 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"D"and is hereby incorporated in and made a part of this Agreement. E. Landowner must execute a Waiver of Right-to-Protest Creation of Special Improvement Districts for intersection improvements to the intersection of Campbell Road and Frontage Road. 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"E"and is hereby incorporated in and made a part of this Agreement. F. Landowner must execute a Waiver of Right-to-Protest Creation of Special Improvement Districts for intersection improvements to the intersection Campbell Road and Spring Hill Road. 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"F"and is hereby incorporated in and made a part of this Agreement. G. Landowner must execute a Waiver of Right-to-Protest Creation of Special Improvement Districts for intersection improvements to the intersection of Campbell Road and Reeves Road East. Landowner agrees such an SID will provide a mechanism for the fair and equitable assessment of construction and maintenance costs for such improvements. Starner Annexation Agreement 9 The waiver is attached hereto as Exhibit "G" and is hereby incorporated in and made a part of this Agreement. H. Landowner must execute a Waiver of Right-to-Protest Creation of Special Improvement Districts for intersection improvements to the intersection of Frontage Road and Springhill Road. 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"H"and is hereby incorporated in and made a part of this Agreement. I. Landowner must execute a Waiver of Right-to-Protest Creation of Special Improvement Districts for intersection improvements to N. 19th Avenue and Springhill Road. 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 "I" and is hereby incorporated in and made a part of this Agreement. J. Landowner agrees that in the event an SID is not utilized for the completion of these improvements as described in subsections A through I above, Landowner must participate in an alternative financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property,traffic contribution from the development,or a combination thereof. 12.Public 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 Starner Annexation Agreement 10 utility services to the Property parcel. Landowner, at its sole expense, must 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. 13.Public Street Easement The Landowner understands and agrees that public street and utility right of way is necessary to support future development of the Property.Section 38.23.060.A,BMC requires provision of easements whether public or private for utilities, drainage, vehicular or pedestrian access. The Landowner understands and agrees that they will provide such easements as are required to meet the 110 foot minor arterial width requirement for Frontage Road using the City's standard easement form before approval of any development on the Property. Landowner acknowledges that this easement is necessary to offset the impacts of future development of the Property. 14.Impact Fees Landowner acknowledges that annexation and development of its property will impact the City's existing street,water and sewer infrastructure, and the City's fire service. As approved by the City, Landowner and its successors must pay: Fire impact fees equal to the amount per Chpt.2,Art. 6,Div. 9 BMC,or as amended,at the time of application for development approval. Transportation impact fees equal to the amount per Chpt. 2,Art. 6, Div. 9 BMC, or as amended, at the time of application for development approval. Starner Annexation Agreement 11 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. 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. The amount of impact fees to be paid for connection to the City's water and sewer services, if any,must 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, must 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 Property 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 condition is to be performed, and if the default is not remedied or corrected within thirty(30) days after written notice by City to Landowner of such default, City may at their option: 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. Starner Annexation Agreement 12 Elect any other remedy available to City under the laws of the State of Montana. 15. Assessments Landowner understands and agrees that after this Agreement is recorded the Property will be subject to City assessments for arterial and collector streets, street maintenance,and tree maintenance on the same basis as all other properties in the City. 16. Payback Districts The applicant must provide payment for the Solvent Site Water Main Payback District, in accordance with Resolution No. 3519,prior to connecting to the water system. 17.Additional Terms The parties recognize these documents must be filed and of record with the Gallatin County Clerk and Recorder prior to the sale of any land with the Property. The parties further agree that the City may file these documents at any time. 18.Governing Law and Venue This Agreement shall be construed under and governed by the laws of the state of Montana. In the event of litigation,venue is in the Eighteenth Judicial District Court, in and for County of Gallatin,State of Montana. 19.Attorngys 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. 20.Waiver Starner Annexation Agreement 13 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. 21.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. 22.Modifications or Alterations No modifications or amendment of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto. 23.No Assignment It is expressly agreed that Landowner shall not assign this Agreement in whole or in part without prior written consent of the City. 24.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. 25.Covenants to Run with the Land The parties intend that the terms of this Agreement shall benefit the PROPERTY and shall be covenants running with the land and shall not expire at their deaths or upon transfer of ownership of the property. Starner Annexation Agreement 14 The undersigned Landowner affirms that they have authority to enter into this Agreement and to bind themselves to this Agreement. 26.Remedies The Landowner understands and agrees the City may require the terms of this Agreement as conditions of approval for any land use development application. In addition, the Landowner agrees that should it be determined by the City to not be in compliance with the terms of this Agreement the City may withhold approval of any such land use application to include but not be limited to site plan,subdivision,zoning, or building permit. 27.No Third-Party Beneficiary This Agreement is for the exclusive benefit of the Parties, does not constitute a third- party beneficiary agreement,and may not be relied upon or enforced by a third party. 28.Integration This Agreement and all Exhibits attached hereto constitute the entire agreement of the Parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the Parties. There are no understandings between the Parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. Starner Annexation Agreement 15 DATED this 1 day of 2018. LANDOWNER Tort Starner TKA PROPERTIES, LLC STATE OF MONTANA ) :SS COUNTY OF (2aai-Laro\1 ) On this 23 day of SA m a a r-- 2018, before me, the undersigned, a Notary Public for the State of Montana, person-ally appeared Tom Starner, known to me to be the any;t F, of TKA Properties, LLC 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) .................... OyFj JUDITH THEIS (Printed Name Here) NOTARY PUBLIC for the St f P t Noary Public or the State of Montana ate of mT SEAL Residing at Residing at Livingston,Montana M Commission Expires: - z- `s My Commission Expires ymm on p OF August 22,2018 (Use 4 digits for expiration year) Starner Annexation Agreement 16 DATED this day of MA144�4 , 2018. CITY OF BOZEMAN Andrea Surratt City Manager F BO ,0 2 " ATTEST: ► • • . � ' Robin Crough 9�•• 1883 •�� C � � 0 . STATE OF MONTANA ) :ss COUNTY OF Ga ) On this ( 54k\day of �A ar(� 2018, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Andrea Surratt and Robin Crough known to me to be t4,e persons described in and who executed the foregoing instrument as City Manager and�C�lerk 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. sWF BRENDA S E �e�.11111 j /Fy Notary Public '',. (Printed Name Here) KoTAR1g4 <;for the State of Montana Notary Public for the State of Residing at: Residing at z v� ;.SEAL ; Bozeman, Montana g �,; My Commission Expires: My Commission Expires: I p18 December 02,2018 1 (Use 4 digits for expiration year) Starner Annexation Agreement 17 EXHIBIT"A" WAIVER OF RIGHT-TO-PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICT FOR A CITY-WIDE PARK MAINTENANCE DISTRICT STARNER ANNEXATION The undersigned owner of the real property situated in the County of Gallatin, State of Montana,and more particularly described as follows: The property is a tract of land being Lot 3, Block 2, Walker Subdivision, Section 26, Township 1 South, Range 5 East, Principal Montana Meridian, Gallatin County and 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,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. Starner Annexation Agreement 18 The terms, covenants and provisions of this waiver shall extend to, and be binding upon the successors-in-interest and assigns of Landowner. 1 ` DATED this 2�. day of J ANj L'14'V-y 2018. LANDOWNER Tom`Starner TKA PROPERTIES, LLC STATE OF MONTANA ) :ss COUNTY OF f au arf j On this ;23 day of 2018, before me, the undersigned, a Notary Public for the State of Montana, personal y appeared Tom Starner, known to me to be the 0u;A;0-R of TKA Properties, LLC 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) JUDI_FH T H E I S (Printed Name Here) duo ca H TtEt s y�'s' NOTARY PUBLIC for the Notary Public for the State of M T State of Montana SEAL : Residing at Residing at P;? Livingston,Montana ..• My Commission Expires: � ..... ° My Commission Expires August 22,2018 (Use 4 digits for expiration year) Starner Annexation Agreement 19 EXHIBIT"B" WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR STREET IMPROVEMENTS CAMPBELL ROAD STARNER ANNEXATION The undersigned owner of the real property situated in the County of Gallatin, State of Montana,and more particularly described as follows: The property is a tract of land being Lot 3, Block 2, Walker Subdivision, Section 26, Township 1 South, Range 5 East, Principal Montana Meridian, Gallatin County and 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 Campbell Road 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 and gutter, sidewalk, lighting, and storm drainage facilities for Campbell 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. 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 Starner Annexation Agreement 20 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 Landowner. DATED this day of �`� '`� , 2018. LANDOWNER ram!,,---- _ Tom St rner TKA PROPERTIES, LLC STATE OF MONTANA ) :SS COUNTY OF G°s"j r� ) On this 2 3 day of__Ta_ m 4 A jij 2018, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Tom Starner, known to me to be the otj- "i=r- of TKA Properties, LLC 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) `. (Printed Name Here) 3,DcrH T t s •11�TH'T•• JUDITH THEIS Notary Public for the State of M T— ;�° ., NOTARY PUBLIC for the•"°7AR`°` State of Montana at Li v i ig c,-s i c AI /+1.z-' SEAL. : Residing at My Commission Expires: S�-2 z- zr r,� Q= Livingston,Montana (Use 4 digits for expiration year) My Commission Expires August 22,2018 Starner Annexation Agreement 21 EXHIBIT"C" WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR STREET IMPROVEMENTS TO FRONTAGE ROAD STARNER ANNEXATION The undersigned owner of the real property situated in the County of Gallatin, State of Montana,and more particularly described as follows: The property is a tract of land being Lot 3, Block 2, Walker Subdivision, Section 26, Township 1 South, Range 5 East, Principal Montana Meridian, Gallatin County and 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 Frontage Road 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 and gutter, sidewalk, lighting, and storm drainage facilities for Frontage 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. 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 Starner Annexation Agreement 22 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 Landowner. DATED this day of VI uur 2018. LANDOWNER Tom tarner TKA PROPERTIES, LLC STATE OF MONTANA ) :ss COUNTY OF nTl ) On this :L3 day of �_Tfer u&P_ 2018, before me, the undersigned, a Notary Public for the State of Montana, persona 11 y appeared Tom Starner, known to me to be the C?c1:1,Jg-R' of TKA Properties, LLC 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) _` _ (Prin ed Name Here) �,Ai>i>i t rT+its JUDITH THEIS Notary Public for the State of m-r ryF�s, NOTARY PUBLIC for the Residing at Lt rJ! r7 ��a T "°T�R`°�' = State of Montana ; SEAL Residing at My Commission Expires: �P Livingston,Montana (Use 4 digits for expiration year) My Commission Expires August 22,2018 Starner Annexation Agreement 23 EXHIBIT"D" WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR STREET IMPROVEMENTS TO REEVES ROAD EAST STARNER ANNEXATION The undersigned owner of the real property situated in the County of Gallatin, State of Montana,and more particularly described as follows: The property is a tract of land being Lot 3, Block 2, Walker Subdivision, Section 26, Township 1 South, Range 5 East, Principal Montana Meridian, Gallatin County and 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 Reeves Road East 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 and gutter,sidewalk,lighting,and storm drainage facilities for Reeves Road East,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 Starner Annexation Agreement 24 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 Landowner. DATED this zl�rl day of � if , 2018. LANDOWNER Tom Starner TKA PROPERTIES, LLC STATE OF MONTANA ) :ss COUNTY OF SpyLt-ei-rir� ) On this ;k3 day of 2018, before me, the undersigned, a Notary Public for the State of Montana, personpeared Tom Starner, known to me to be the 0C6tyER of TKA Properties, LLC 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) (Printed Name Here)j—uo d-rH NOTARY PUBLIC .........., JUQITN Notary Public for the State of M ,Q• �s., IG for the f e : State of Montana Residing at L,2 a 1i(;S r &L� NT SEAL Residing at Livingston,Montana My Commission Expires: �j.•, .�.;� My commission Expires (Use 4 digits for expiration year) August 22,2018 Starner Annexation Agreement 25 EXHIBIT"E" WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR INTERSECTION IMPROVEMENTS TO CAMPBELL ROAD AND FRONTAGE ROAD STARNER ANNEXATION The undersigned owner of the real property situated in the County of Gallatin, State of Montana,and more particularly described as follows: The property is a tract of land being Lot 3, Block 2,Walker Subdivision, Section 26, Township 1 South, Range 5 East, Principal Montana Meridian, Gallatin County and 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 intersection of Campbell Road and Frontage 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 forever the right to protest the creation of one or more special improvement districts for the construction and maintenance of following improvements: intersection improvements including but not limited to paving, curb and gutter,sidewalk,lighting,traffic control,and storm drainage facilities for Campbell Road and Frontage 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 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 Starner Annexation Agreement 26 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 Landowner. DATED this 23`6 day of 2018. LANDOWNER <��1 I; --- Tom Starner TKA PROPERTIES, LLC STATE OF MONTANA ) :ss COUNTY OF G�L�r rin ) On this -z 3 day of 'a N a-8 2018, before me, the undersigned, a Notary Public for the State of Montana, personalTy Tom Starner, known to me to be the 0w ,,E-rz of TKA Properties, LLC 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. _ ilEAL JUDITH THEIS (Prin ed Name Here),J-,LD c 7-te NOTARY PU6LiC for the Notary Public for the State of 1�r "oTAR�`• State of Montana SEAL Residing at Residing at Liv,A r 5r,- M Livingston,Montana My commission Expires My Commission Expires: 3 _�;t t August 22,2018 (Use 4 digits for expiration year) Starner Annexation Agreement 27 EXHIBIT"F" WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR INTERSECTION IMPROVEMENTS TO CAMPBELL ROAD AND SPRINGHILL ROAD STARNER ANNEXATION The undersigned owner of the real property situated in the County of Gallatin, State of Montana,and more particularly described as follows: The property is a tract of land being Lot 3, Block 2,Walker Subdivision, Section 26, Township 1 South, Range 5 East, Principal Montana Meridian, Gallatin County and 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 intersection of Campbell Road and Springhill 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 forever the right to protest the creation of one or more special improvement districts for the construction and maintenance of following improvements: intersection improvements including but not limited to paving, curb and gutter,sidewalk,lighting,traffic control,and storm drainage facilities for Campbell Road and Springhill 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 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 Starner Annexation Agreement 28 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 Landowner. DATED this 2_�Jday of �"P"r _,2018. 1.1 LANDOWNER Tom Starner TKA PROPERTIES, LLC STATE OF MONTANA ) :ss COUNTY OF i_i_,4r,,� ) On this 2_day of - As u 2018, before me,the undersigned, a Notary Public for the State of Montana, personally peared Tom Starner, known to me to be the 0 L-- i';E-F_ of TKA Properties, LLC 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) JUDITH THEIS (Printed Name Here)-:►c- tTl+ "Eds c' NOTARY PUBLIC for the ' 'NOTARgCr Notary Public for the State of mT- State of Montana SEAL = Residing at Residing at l iV/ A)G s CA)� At Livingston,Montana"' P My Commission Expires My Commission Expires: - v August 22,2018 (Use 4 digits for expiration year) Starner Annexation Agreement 29 EXHIBIT"G" WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR INTERSECTION IMPROVEMENTS TO CAMPBELL ROAD AND REEVES ROAD EAST STARNER ANNEXATION The undersigned owner of the real property situated in the County of Gallatin, State of Montana,and more particularly described as follows: The property is a tract of land being Lot 3, Block 2,Walker Subdivision, Section 26, Township 1 South, Range 5 East, Principal Montana Meridian, Gallatin County and 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 intersection of Campbell Road and Reeves Road East 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: intersection improvements including but not limited to paving, curb and gutter,sidewalk,lighting,traffic control,and storm drainage facilities for Campbell Road and Reeves Road East 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 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 Starner Annexation Agreement 30 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 Landowner. DATED this O;' day of c,-0(; tv-u , 2018. LANDOWNER Tom St rner TKA PROPERTIES, LLC STATE OF MONTANA ) :ss COUNTY OF 6Rt ►-rn; ) On this :23 day of jj-aagRrK 2018, before me, the undersigned, a Notary Public for the State of Montana, persona Ily appeared Tom Starner, known to me to be the 0cz E-R of TKA Properties, LLC 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) , JUDITH THEIS (Printed Name Here)Jzcz>tTt4 -r(+61 s ';SNOT RAF%-, NOTARY PUBLIC for the] Notary Public for the State of MT" State of Montana SEAL : Residing at Residing at i-i vi n, o szc�, m - �� Livingston,Montana My Commission Expires: ""OF;, ?.'` My Commission Expir August 22,2018 (Use 4 digits for expiration year) Starner Annexation Agreement 31 EXHIBIT"H" WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR INTERSECTION IMPROVEMENTS TO FRONTAGE ROAD AND SPRINGHILL ROAD STARNER ANNEXATION The undersigned owner of the real property situated in the County of Gallatin, State of Montana,and more particularly described as follows: The property is a tract of land being Lot 3, Block 2,Walker Subdivision, Section 26, Township 1 South, Range 5 East, Principal Montana Meridian, Gallatin County and 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 intersection of Frontage Road and Springhill 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 forever the right to protest the creation of one or more special improvement districts for the construction and maintenance of following improvements: intersection improvements including but not limited to paving, curb and gutter,sidewalk,lighting,traffic control,and storm drainage facilities for Frontage Road and Springhill 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 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 Starner Annexation Agreement 32 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 Landowner. DATED this Ze day of 2018. LANDOWNER Tom Starner TKA PROPERTIES, LLC STATE OF MONTANA ) :ss COUNTY OF 6 g-rr&j ) On this 3 day of LTA tj u A P_ 2018, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Tom Starner, known to me to be the 0�Aj ER of TKA Properties, LLC 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. JU DI T Ell' H......... NOTARY PUBLIC for the (Prin ed Name Here) -Ju►D I—h 7 KE"f 5 a State of Montana Notary Public for the State of M T SEAL € Residing at Livingston,Montana Residing at_Ltvr iU tssTn fti, My Commission Expires My Commission Expires: a-a a-L?v t 3' August 22,2018 (Use 4 digits for expiration year) Starner Annexation Agreement 33 EXHIBIT"I" WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR INTERSECTION IMPROVEMENTS TO N. 19TH AVENUE AND SPRINGHILL ROAD STARNER ANNEXATION The undersigned owner of the real property situated in the County of Gallatin, State of Montana,and more particularly described as follows: The property is a tract of land being Lot 3, Block 2,Walker Subdivision, Section 26, Township 1 South, Range 5 East, Principal Montana Meridian, Gallatin County and 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 intersection of N. 19th Avenue and Springhill 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 forever the right to protest the creation of one or more special improvement districts for the construction and maintenance of following improvements: intersection improvements including but not limited to paving, curb and gutter, sidewalk, lighting, traffic control, lighting, and storm drainage facilities for N. 19th Avenue and Springhill 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 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 Starner Annexation Agreement 34 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 Landowner. r� DATED this Z3 day of _�tZ4 Ja. 2018. LANDOWNER Tom tarner TKA PROPERTIES, LLC STATE OF MONTANA ) :ss COUNTY OF 6AaA- Uj ) On this a,3 day of -j i7 N u n E S 2018, before me,the undersigned, a Notary Public for the State of Montana, personally appeared Tom Starner, known to me to be the _0 L";Yu E� of TKA Properties, LLC 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) - ` JUDITH THEIS (Prin ed Name Here) j:7,0 irtr ";-Et s NOTARY PUBLIC Montana for the of State of Mo Notary Public for the State of M T SEAL Residing at Residing at L i V 7 PJ 5�o n,`r �� Q` Livingston,Montana , •. My Commission Expires My Commission Expires: R--2-a �o I August 22,2018 (Use 4 digits for expiration year) Starner Annexation Agreement 35 1 / l \ / 1 / SCALE ]LOT 2 BLK 2 / WALKER PROPERTY SUBDIVISION ZONING:COUNTY RO LAND USE:COMMERCIAL s R = 990.21' \ T = 144.28' L = 286.54' j D = 16°34'48" F / TRACT 4-A COS 1498C ZONING:COUNTY RO LAND USE:SINGLE FAMILY RESIDENTIAL F \ CITY LIMITS NORTH I9TH AVE 5� �I�� s\\\\ \\ 240 PUBLIC RIGHT OF WAY 0 6 R / s \ \ ZONING:M2 115.59' \k EY PE i / R = 814.93' \ \ \ \ / / T = 119.96' \ g\ SPIRAL CURVE L = 235.25' \s \\ \ / C = N09°44'47"E L = 268.12' 4 / LOT 3 B]L]K 5 \ \ v�// WALKER PROPERTY s 40; / SUBDIVISION ZONING:COUNTY RO �\ U / LAND USE:UNDEVELOPED CITY LIMITS PROPOSED ANNEXATION N53"27'23"W \ / \\ AND INITIAL PROPOSED 101.71' / \ \ B2 ZONING AREA s 2609158,Page: 1 of 5 03/23/2018 04:01:50 PM Fee $35.00 This copy is a true and correct copy ofF the Charlotte Mills - Gallatin County, MT MISC on i rrlocument on file in my office. I IIIIIII IIIIII III IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIII IIIIIII III IIIII IIIII IIII IIII ' B OZ' zeman City Clerk •• ' •. PLATTE • so. . RESOLUTION NO. 4890 �TrN co•�`� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF CERTAIN CONTIGUOUS TRACTS 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 TRACTS. WHEREAS,the City of Bozeman received a petition for annexation from TKA Properties requesting the City Commission to extend the boundaries of the City of Bozeman so as to include an area of land containing 2.02 acres, located at the southwest corder of Reeves Road East and Campbell Road; and - F WHEREAS,TKA Properties is the current landowner of record of real property described as Section 26, Township 1 South, Range 5 East, Block 2, Lot 3, Walker Subdivision, Bozeman 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 was prepared in accordance with the Commission's goals and policies for annexation and was presented to the Commission on November 20"',2017; and f WHEREAS, a public meeting on said annexation petition was duly noticed and held on November 20th,2017; and r r, i WHEREAS,the City did not receive any written protest from the real property owners of I! the area to be annexed;and f; Page 1 of 4 Resolution 4890,Starner Annexation WHEREAS,on November 20"',2017,the Commission approved the annexation and 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 tracts as described is the subject of a written agreement between the City and the Landowner;and WHEREAS, said tracts are described as Lot 3, Block 2, and a portion of the Campbell Road Right-of-Way of the Walker Property Subdivision,Plat J-164 located in the Southeast One- Quarter of Section 26 and the Southwest One-Quarter of Section 25, 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 2.658 acres,to wit: Legal Description A tract of land being Lot 3,Block 2, and a portion of the Campbell Road Right- of-Way of the Walker Property Subdivision,Plat J-164 located in the Southeast Page 2 of 4 Resolution 4890,Starner Annexation One-Quarter of Section 26 and the Southwest One-Quarter of Section 25, Township 1 South,Range 5 East, P.M.M.more particularly described as follows; Beginning at the Southwest Corner of Lot 3, Block 2; thence along the East Right of Way boundary of 19th Avenue N12°19'S3"E, a distance of 24.01 feet to a point; thence along a spiral curve being the East Right of Way boundary of 19th Avenue with a chord bearing of N09°44'47"E, and a chord length of 268.12 feet to a point; thence along said 19th Avenue Right of Way, along a curve concave to the West 181.44 feet,having a radius of 1094.93 feet, a delta angle of 9°29'40", a chord bearing of N00°05'02"E, and having a chord length of 181.23 feet,to a point; thence along a curve concave to the South 347.68 feet, having a radius of 990.21 feet, a delta angle of 20°07'03", a chord bearing of S62°26'40"E, and having a chord length of 345.90 feet to a point; thence along the Eastern Right of Way boundary of Campbell Road, S24°50'01"W, a distance of 109.27 feet to a point; thence continuing along the Eastern Right of Way boundary of Campbell Road, along a curve concave to the Northwest 356.50 feet, having a radius of 1744.28 feet, a delta angle of 11'42'37", a chord bearing of S30°41'19"W, and having a i chord length of 355.88 feet,to a point; thence along the Northern Right of Way boundary of US Highway 10, N53°27'23"W, a distance of 161.71 feet to the point of beginning containing 2.658 acres more or less. P SUBJECT to all easements of record or apparent from a visual inspection of the e ro p pe rtS'• i Section 2 j The effective date of this annexation is April 12,2018. f i y if C`. I% l Page 3 of 4 lip i r Resolution 4890,Starner Annexation PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman,Montana, at a regular session thereof held on the 19th da ar ,2018. CYNT L. U Mayor Bp2 ATTEST: ^vim•• ��� °9•. y�4F,+ • -,r • it ROBIN CROUGH * • y__� =r_' City Clerk •• - g83 �TrIv C0 APP VED AS FORM: LTVAN City Attorney Page 4 of 4 LOT 2 BLK 2 / WALKER PROPERTY SUBDIVISION ZONING COUNTYRO /` LAND USE:COMMERCIAL / R = 990.21' \T = 144.28' :'\i i , D = 16'34'48" / TRACT4A %` ' l % l / COS 2498C / ZONING:COUNTY RO LAND USE:SINGLE FAMILY RESIDENTIAL �`✓`/\-LOT 3 BLIP\2 NORTH 19TH AVE t�/\` KER',Rb�E TY \ /i / \\\• J \\ 240'PUBLIC `l'\,�.,S 'IV ISIO ! RIGHT OF WAY \/\f'� 11118 CRE J'\j\! \\i // N24*5000°E wxs G atz i`\ ll PRo'pp6 E ZON Gi$2\ .. ! / t 15.59' \ E]ISTIN.G'ZON G;COU,NTY,R I LYD�USE�>INDE1(ELOZ'E (;;\ / R = 814.93' \ a' / / \ SPIRAL CURVE L = 235.25' �\/'`.,/\/ / /�\_\X / D = 16'45'04° C = N09'44'47"E ✓\\\\\\ \/'' /`X /x %\ / \ P L = 268.12' i`�'\�'\ i•.,/ \j /'' / N T / LOT 3 BLK 5 \ / l / \✓ yv / WALKER PROPERTY 'v ! �� �w // SUBDIVISION ZONING:COUNTY RO O / LAND USE:UNDEVELOPED \`\ PROPOSED ANNEXATION N53'27'23 w !� / "` /`..,'\ \ AND INITIAL PROPOSED 101.71' // !`/� / B2 ZONING AREA A d �x No. HE1l- BY We ON�W.I BY:CCB STARNER MADISON ENGINEERING «C E ED BY:P B _E)amIT 895 TEMWOLOGYBLVD,SUM 203 PaACcr dox¢z ccB A 1 ANNEXATION AND B�9,RB BY:aB • BozEaiAN,arr s9�ls sxAxtxx ZONE MAP EXHIBIT ANNEXATION LOT 3 BLOCK 2 WALKER SUB. ( )sssozsz pwcl sas sxo PAX �oscr«,Y_na 4 I�,