HomeMy WebLinkAbout18- Annexation Agreement - BarTimCo Properties, LLC - Park Place 2018 Annexation Original to: PLATTED
City of Bozeman
City Clerk 2616301
PO Box 1230
Bozeman, MT 59771-1230 1 of z� 06i12,201e 03:25:46 PM Fee $189.00
Charlotte Mills - Gallatin County, MT MISC
IIIIIII IIIIII III IIIII IN IIIIIII IIIIII IN IIII IIIII IIIII IIIII IIIIIII III 1111111111111111111 IIII
PARK PLACE 2018 ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this LZ-!— day of t 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 BarTimCo Properties, LLC, 701
Gold Avenue, 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 PARK PLACE 2018 ANNEXATION situated in Gallatin County, Montana,to
be referred to herein as "the Propert/'and more particularly described as follows:
A description of land being Tract IC and Tract ID of Certificate of Survey No.
1372 B, located in the SE %4 of Section 22; a 40' wide County Road No. 259
Easement, located in the SW 1/4 of Section 23; and a tract of land located in the NE
1/4 NE %4 of Section 27; situated in Township 1 South, Range 5 East, Principal
Meridian, Gallatin County, Montana,more particularly described as follows:
Beginning at the Northeast Corner of Section 27, also being the Southeast Corner
of Tract I of Certificate of Survey No. 1372 B, the Point of Beginning; thence
S.1°53'26"W. along the East line of Section 27 a distance of 836.91 feet to the
Northeast Right-of-Way line of the Montana Rail Link Railroad; thence
N.52°18'43"W. along said Railroad Right-of-Way a distance of 581.25 feet to the
Right-of-Way of the Montana Department of Transportation Bargain and Sale Deed
Park Place 2018 Annexation Agreement 1
Document No.2170717;thence N.37°41'29"E.along said Right-of-Way a distance
of 0.70 feet;thence N.15°43'59"W.a distance of 81.76 feet;thence N.52°l 8'31"W.
a distance of 98.49 feet; thence N.69°31'56"W. a distance of 166.95 feet to the
Northeast Right-of-Way line of the Montana Rail Link Railroad; thence
N.52°18'43"W. along said Railroad Right-of-Way a distance of 1613.49 feet;
thence N.1°48'08"E. a distance of 712.83 feet;thence S.89°52'46"E. a distance of
2047.78 to the Northeast Corner of Tract 1 C of Certificate of Survey No. 1372 B,
also being the West Right-of-Way line of a 40' wide County Road No. 259
Easement;thence 5.87°59'02"E. a distance of 40.00 feet to the East Right-of-Way
line of said County Road Easement;thence S.2°00'58"W. along said County Road
Easement Right-of-Way a distance of 1412.22 feet; thence N.87°59'02"W. a
distance of 40.00 to the Point of Beginning.
The area of the above described parcel of land is 70.56 acres,more or less.
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 January 31, 2018 and approved by
the City on April 9, 2018;and
WHEREAS, Section 7-2-4610, MCA provides that a municipality and landowner may
agree upon a plan for the provision of services to the area to be annexed;and
WHEREAS,the parties recognize additional development on the Property will impact
area streets, police, fire, and recreation services, water and sewer systems, among others,
Park Place 2018 Annexation Agreement 2
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, 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
January 31, 2018. By execution of this Agreement, the City manifests its intent to annex the
Property 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 ofAnnexation of the Property.Further,upon
Park Place 2018 Annexation Agreement 3
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 Munic pal 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
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
Park Place 2018 Annexation Agreement 4
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.
&.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 water and sewer lines.
Landowner further understands and agrees that that sanitary wastewater capacity
limitations may exist downstream of the Property and that such capacity limitations must be
resolved to the City's satisfaction prior to occupancy of any development on the Property.
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,
Landowner acknowledges that the rates for cash-in-lieu of water rights may increase over
time as established by Resolution of the City Commission. Payment of for cash-in-lieu of
water rights for the existing buildings on the property is due at time of annexation.
Park Place 2018 Annexation Agreement 5
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.
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
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
Park Place 2018 Annexation Agreement 6
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.
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
direction arrows, typical stormwater detention/retention basin and discharge structure
details,basin sizing calculations,culvert capacity calculations,and stormwater maintenance
plan. Stormwater presently flows to the northwest corner of the property. Landowner
understands and agrees that they must prevent Stormwater from draining onto adjacent
property.
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.
Park Place 2018 Annexation Agreement 7
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 Nelson 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 (US 10). Landowner agrees
such an SID will provide a mechanism for the fair and equitable assessment of construction
and maintenance costs for such improvements. The waiver is attached hereto as Exhibit"C"
and is hereby incorporated in and made a part of this Agreement.
D. Landowner must execute a Waiver of Right-to-Protest Creation of Special
Improvement Districts for intersection improvements to the intersection of Nelson Road and
Frontage Road (US 10).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 agrees that in the event an SID is not utilized for the completion of these
improvements as described in subsections A,B,C and D above,Landowner must participate
in an alternative financing method for the completion of said improvements on a fair share,
Park Place 2018 Annexation Agreement 8
proportionate basis as determined by square footage of property, taxable valuation of the
property,traffic contribution from the development, or a combination thereof.
12.Utillty.Easements
The Landowner understands and agrees that utility easements, a minimum of thirty
(30)feet in width,may be necessary for the installation and maintenance of water and sewer
utility services to the 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.
13.Public Street Easements
The Landowner understands and agrees that certain public street and utility rights of
way are necessary to support development of the Property. Landowner must dedicate right-
of-way or provide the City Engineering Division an original,executed easement on the City's
standard form at the time of the Landowner's execution of this Agreement granting to the
public forever an easement for Nelson Road consistent with a collector street classification
where adjacent to the parcel for future construction of Nelson Road and installation of public
and private utilities.
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.
Park Place 2018 Annexation Agreement 9
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.
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
Park Place 2018 Annexation Agreement 10
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.
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.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.
17.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.
18.Attorne s fees
In the event it becomes necessary for either party to this Agreement to retain an
attorney to enforce any of the terms or conditions of this Agreement, then the prevailing
party shall be entitled to reasonable attorney's fees and costs,to include the salary and costs
of in-house counsel including City Attorney.
19.Waiver
Park Place 2018 Annexation Agreement 11
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
i
party unless waived in writing.
20, Invalid Provision
The invalidity or unenforceability of any provision of this Agreement shall not affect
the other provisions hereof,and this Agreement shall be construed in all respects as if such
invalid or unenforceable provision were omitted.
21.Modifications or Alterations
No modifications or amendment of this Agreement shall be valid unless evidenced by
a writing signed by the parties hereto.
22._No-Assign
meat
It is expressly agreed that Landowner shall not assign this Agreement in whole or in
part without prior written consent of the City.
23.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.
24 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.
Park Place 2018 Annexation Agreement 12
The undersigned Landowner affirms that they have authority to enter into this
Agreement and to bind themselves to this Agreement.
25.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.
25.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.
26. 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.
Park Place 2018 Annexation Agreement 13
DATED this Z!Z ay of , 2018.
LANDOWNER
BarTimCo Properties, LLC, a
Montana limited liability company
BY:
e n'tj erse
ITS: —
STATE OF MONTANA )
I ss.
County of Gail At /1 )
On this f q day of , 2018, before me, a Notary Public in and for said
State, personally appeared Kent Me elis, the authorized agent of BarTimCo Properties, LLC,
and acknowledged to me that he executed the same for and on behalf of BarTimCo Properties,
LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first written.
(SEAL) Notary Public fo the StatcVbf Mona
Printed Name: V,if f-VI
COREEN A GORE
`OQ�EN'A Notary Public
O.•�oTnarq� _for the State of Montana
— - Residing at:
.SEAL.-` Bozeman, Montana
`=,9Q My Commission Expires:
OF Mo June 28, 2021
' ' 'llllll
DATED this.Q�day of 3Arip— , 2018.
CITY OF BOZEMAN
ndrea Surratt
City Manager
ATTEST: $0
. 1L
;vim •� �"�� •'9 '
Robin Crough
Clerk ��L:.. 1�83 .0
77N CO
STATE OF MONTANA )
:ss
COUNTY OF C-� )
On this day of '1k,1nQ 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 the persons described in and who executed the foregoing instrument as
City Manager an JP k respectively, of the City of Bozeman,whose
names are subscribe 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.
NEY BRENDA SWEE
`a,OAgw�,• AA l ,
=ma,kOTARfq'.OA for the State of ontana
Residing at: (Printed Name Here)
' SEAL.; Bozeman, Montana Notary Public for the State of
' �•• My Commission Expires:December at
♦� � December 02,2018 Residing
at
Commission Expires: a t'I'q
(Use 4 digits for expiration year)
Park Place 2018 Annexation Agreement 15
EXHIBIT"A"
WAIVER OF RIGHT-TO-PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICT
FOR,A CITY-WIDE PARK MAINTENANCE DISTRICT
PARK PLACE 2018 ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State
of Montana,and more particularly described as follows:
A description of land being Tract 1C and Tract 1D of Certificate of Survey No.
1372 B, located in the SE '/4 of Section 22; a 40' wide County Road No. 259
Easement, located in the SW 1/4 of Section 23;and a tract of land located in the NE
IA NE 1/4 of Section 27; situated in Township 1 South, Range 5 East, Principal
Meridian,Gallatin County,Montana,more particularly described as follows:
Beginning at the Northeast Corner of Section 27, also being the Southeast Corner
of Tract 1 C of Certificate of Survey No. 1372 B, the Point of Beginning; thence
S.1°53'26"W. along the East line of Section 27 a distance of 836.91 feet to the
Northeast Right-of-Way line of the Montana Rail Link Railroad; thence
N.52°18'43"W. along said Railroad Right-of-Way a distance of 581.25 feet to the
Right-of-Way of the Montana Department of Transportation Bargain and Sale Deed
Document No.2170717;thence N.37°41'29"E.along said Right-of-Way a distance
of 0.70 feet;thence N.15°43'59"W.a distance of 81.76 feet;thence N.521 18'31"W.
a distance of 98.49 feet; thence N.69°31'56"W. a distance of 166.95 feet to the
Northeast Right-of-Way line of the Montana Rail Link Railroad; thence
N.52°18'43"W. along said Railroad Right-of-Way a distance of 1613.49 feet;
thence N.1°48'08"E. a distance of 712.83 feet;thence S.89°52'46"E. a distance of
2047.78 to the Northeast Corner of Tract I of Certificate of Survey No. 1372 B,
also being the West Right-of-Way line of a 40' wide County Road No. 259
Easement; thence S.87°59'02"E. a distance of 40.00 feet to the East Right-of-Way
line of said County Road Easement;thence S.2°00'58"W. along said County Road
Easement Right-of-Way a distance of 1412.22 feet; thence N.87°59'02"W. a
distance of 40.00 to the Point of Beginning.
The area of the above described parcel of land is 70.56 acres,more or less.
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
Park Place 2018 Annexation Agreement 16
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.
The terms, covenants and provisions of this waiver shall extend to, and be binding
upon the successors-in-interest and assigns of Landowner.
Park Place 2018 Annexation Agreement 17
DATED this/clay of1,11"Vil , 2018.
LANDOWNER
BarTimCo Properties, LLC, a
Montana limit liability company
BY: l�
Ke ersel'
ITS:
STATE OF MONTANA )
la�-
ss.
County of Od A )
On this I q day of , 2018, before me, a Notary Public in and for said
State, personally appeared Kent Mers lis, the authorized agent of BarTimCo Properties, LLC,
and acknowledged to me that he executed the same for and on behalf of BarTimCo Properties,
LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first written.
I
(SEAL) Notary Public for State f 7ra?a
Name: V e
Printed 0 CA D
COREEN A GORE
OPEN A'�0 : Notary Public
C-0; .�;for The State of Montana
ARIq�
—'— - ��esidiryg at:
Np;.SEAL.�Q;= Bozeman, Montana
My Comrnis:,on Expires:
OF O Jur.e 28,2021
EXHIBIT"B"
WAIVER OF RIGHT TO PROTEST CREATION OF
SPECIAL IMPROVEMENT DISTRICTS FOR STREET IMPROVEMENTS TO NELSON
ROAD PARK PLACE 2018 ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin,State
of Montana,and more particularly described as follows:
A description of land being Tract 1C and Tract 1D of Certificate of Survey No.
1372 B, located in the SE I/4 of Section 22; a 40' wide County Road No. 259
Easement, located in the SW'/4 of Section 23; and a tract of land located in the NE
%4 NE '/4 of Section 27; situated in Township 1 South, Range 5 East, Principal
Meridian, Gallatin County, Montana,more particularly described as follows:
Beginning at the Northeast Corner of Section 27, also being the Southeast Corner
of Tract 1 C of Certificate of Survey No. 1372 B, the Point of Beginning; thence
S.1°53'26"W. along the East line of Section 27 a distance of 836.91 feet to the
Northeast Right-of-Way line of the Montana Rail Link Railroad; thence
N.52°18'43"W. along said Railroad Right-of-Way a distance of 581.25 feet to the
Right-of-Way of the Montana Department of Transportation Bargain and Sale Deed
Document No.2170717;thence N.37°41'29"E.along said Right-of-Way a distance
of 0.70 feet;thence N.15°43'59"W.a distance of 81.76 feet;thence N.52°18'31"W.
a distance of 98.49 feet; thence N.69°31'56"W. a distance of 166.95 feet to the
Northeast Right-of-Way line of the Montana Rail Link Railroad; thence
N.52°18'43"W. along said Railroad Right-of-Way a distance of 1613.49 feet;
thence N.1°48'08"E. a distance of 712.83 feet;thence S.89°52'46"E. a distance of
2047.78 to the Northeast Corner of Tract I of Certificate of Survey No. 1372 B,
also being the West Right-of-Way line of a 40' wide County Road No. 259
Easement;thence S.87°59'02"E. a distance of 40.00 feet to the East Right-of-Way
line of said County Road Easement;thence S.2°00'58"W. along said County Road
Easement Right-of-Way a distance of 1412.22 feet; thence N.87159'02"W. a
distance of 40.00 to the Point of Beginning.
The area of the above described parcel of land is 70.56 acres,more or less.
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 Nelson Road which will be caused by the development of the above-described
Park Place 2018 Annexation Agreement 19
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 Nelson 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
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.
Park Place 2018 Annexation Agreement 20
DATED this/tay of al,,fel , 2018.
LANDOWNER
BarTimCo Properties, LLC, a
Montana limited liability company
BY:
Kent ers is
ITS:
STATE OF MONTANA )
/�I : ss.
County of V 4A-16 )
On this 2 day of 1 a- , 2018, before me, a Notary Public in and for said
State, personally appeared Kent M rselis, the authorized agent of BarTimCo Properties, LLC,
and acknowledged to me that he executed the same for and on behalf of BarTimCo Properties,
LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first written. �A
(SEAL) Notary Public fo�the St of MAnta�a
Printed Name: 0 C e e✓l p��
COREEN7AGOR]E� 09; NotaryV."�OTARi for the StateiZesid�.SEAL.- BozemanMy Commisp
June 28, 2021
EXHIBIT"C"
WAIVER OF RIGHT TO PROTEST CREATION OF
SPECIAL IMPROVEMENT DISTRICTS FOR STREET IMPROVEMENTS TO FRONTAGE
ROAD (US 10)PARK PLACE2018 ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State
of Montana,and more particularly described as follows:
A description of land being Tract I and Tract I of Certificate of Survey No.
1372 B, located in the SE 1/4 of Section 22; a 40' wide County Road No. 259
Easement, located in the SW 1/4 of Section 23; and a tract of land located in the NE
'/4 NE `/4 of Section 27; situated in Township 1 South, Range 5 East, Principal
Meridian, Gallatin County,Montana,more particularly described as follows:
Beginning at the Northeast Corner of Section 27, also being the Southeast Corner
of Tract 1 C of Certificate of Survey No. 1372 B, the Point of Beginning; thence
S.1°53'26"W. along the East line of Section 27 a distance of 836.91 feet to the
Northeast Right-of-Way line of the Montana Rail Link Railroad; thence
N.52°18'43"W. along said Railroad Right-of-Way a distance of 581.25 feet to the
Right-of-Way of the Montana Department of Transportation Bargain and Sale Deed
Document No.2170717;thence N.37°41'29"E.along said Right-of-Way a distance
of 0.70 feet;thence N.15°43'S9"W.a distance of 81.76 feet;thence N.52°18'31"W.
a distance of 98.49 feet; thence N.69°31'56"W. a distance of 166.95 feet to the
Northeast Right-of-Way line of the Montana Rail Link Railroad; thence
N.52°18'43"W. along said Railroad Right-of-Way a distance of 1613.49 feet;
thence N.1°48'08"E. a distance of 712.83 feet;thence S.89°52'46"E. a distance of
2047.78 to the Northeast Corner of Tract 1C of Certificate of Survey No. 1372 B,
also being the West Right-of-Way line of a 40' wide County Road No. 259
Easement;thence 5.87°59'02"E. a distance of 40.00 feet to the East Right-of-Way
line of said County Road Easement;thence S.2°00'58"W.along said County Road
Easement Right-of-Way a distance of 1412.22 feet; thence N.87°59'02"W. a
distance of 40.00 to the Point of Beginning.
The area of the above described parcel of land is 70.56 acres,more or less.
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(US 10)which will be caused by the development of the above-
Park Place 2018 Annexation Agreement 22
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(US 10),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.
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.
Park Place 2018 Annexation Agreement 23
DATED this Iay of l , 2018.
LANDOWNER
BarTimCo Properties, LLC, a
Montana limite lity company
BY: 1
Ke Merselis
ITS: -44QiT
STATE OF MONTANA )
I : SS.
County of Ga 11 6 1 n )
On this & day of MON 2018, before me, a Notary Public in and for said
State, personally appeared Kent M selis, the authorized agent of BarTimCo Properties, LLC,
and acknowledged to me that he executed the same for and on behalf of BarTimCo Properties,
LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first written. 'A
(SEAL) Notary Public for e State f Mfly appa�
Printed Name: O yZ e-K y-(f
COREEN A GORE
o?�EN A'G�q i Notary Public
°•'�o'ARv; for the State of Montana
=N� SEAL.* Dozeman, Montana
9�OFMo'` My Commi;:�•on Expires:
I,,,,,,N` June 128, 2021
EXHIBIT"D"
WAIVER OF RIGHT TO PROTEST CREATION OF
SPECIAL IMPROVEMENT DISTRICTS FOR INTERSECTION IMPROVEMENTS TO
NELSON ROAD AND FRONTAGE ROAD(US_10 f
PARK PLACE 2018 ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin,State
of Montana,and more particularly described as follows:
A description of land being Tract 1C and Tract 1D of Certificate of Survey No.
1372 B, located in the SE 1/4 of Section 22; a 40' wide County Road No. 259
Easement,located in the SW '/4 of Section 23; and a tract of land located in the NE
IA NE '/4 of Section 27; situated in Township 1 South, Range 5 East, Principal
Meridian, Gallatin County, Montana,more particularly described as follows:
Beginning at the Northeast Corner of Section 27, also being the Southeast Corner
of Tract 1C of Certificate of Survey No. 1372 B, the Point of Beginning; thence
S.1°53'26"W. along the East line of Section 27 a distance of 836.91 feet to the
Northeast Right-of-Way line of the Montana Rail Link Railroad; thence
N.52°18'43"W. along said Railroad Right-of-Way a distance of 581.25 feet to the
Right-of-Way of the Montana Department of Transportation Bargain and Sale Deed
Document No.2170717;thence N.37°41'29"E.along said Right-of-Way a distance
of 0.70 feet;thence N.15°43S9"W.a distance of 81.76 feet;thence N.52°18'31"W.
a distance of 98.49 feet; thence N.69°31'56"W. a distance of 166.95 feet to the
Northeast Right-of-Way line of the Montana Rail Link Railroad; thence
N.52°18'43"W. along said Railroad Right-of-Way a distance of 1613.49 feet;
thence N.1°48'08"E. a distance of 712.83 feet;thence 5.89°52'46"E. a distance of
2047.78 to the Northeast Corner of Tract I of Certificate of Survey No. 1372 B,
also being the West Right-of-Way line of a 40' wide County Road No. 259
Easement;thence 5.87159'02"E. a distance of 40.00 feet to the East Right-of-Way
line of said County Road Easement;thence S.2°00'58"W. along said County Road
Easement Right-of-Way a distance of 1412.22 feet; thence N.87°59'02"W. a
distance of 40.00 to the Point of Beginning.
The area of the above described parcel of land is 70.56 acres,more or less.
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
Park Place 2018 Annexation Agreement 25
the impacts to the intersection of Nelson Road and Frontage Road (US 10)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 for Nelson Road and Frontage Road (US 10) 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
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.
Park Place 2018 Annexation Agreement 26
l
DATED this of 1 , 2018.
LANDOWNER
BarTimCo Properties, LLC, a
Montana limited liability company
BY: Li
Kent erse s
ITS: �,a6,
STATE OF MONTANA )
(( : ss.
County of &'L A
16 )
On this 11 day of 2018, before me, a Notary Public in and for said
State, personally appeared Kent Me selis, the authorized agent of BarTimCo Properties, LLC,
and acknowledged to me that he executed the same for and on behalf of BarTimCo Properties,
LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first written.
(SEAL) Notary Public for State o ana
Printed Name: o re e rI �U V
COREEN A GORE
p Notary Public
for the State of Montana
SEAL __ es fi-:; at:
P��;; Bozeman, ri,"ontana
„�OF Mod, My Cornmi::�:•on Expires:
June.:e. 2021