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Home My WebLink About05- Cattail Lake Annexation Agreement t ~ j 1/1 PlArTiD ~ 1111111111111111111111111111111111111111111111111111111 ~~~~~?~r~p Shelley Vance-Gallatin Co MT MISC 160,00 CA TT AIL LAKE ANNEXATION AGREEMENT fl day of 'J}et<1,-ht<.-- ;lOdS THIS AGREEMENT is made and entered into this :'1 ,~by ~ and between the CITY OF BOZEMAN, a municipal corporation and political subdivision of the State of Montana, with offices at 411 East Main Street, Bozeman, Montana 59771-0640, hereinafter referred to as "City", and Crestview Lake LLC, R. Scott Hacker, Managing Member, 4200 Expressway, Missoula, MT 59808, hereinafter referred to as "Landowners". WITNESSETH: WHEREAS, the Landowners are owners in fec of a tract of certain real property, hereinafter referred to as the CATTAIL LAKE ANNEXA TION, situated in Gallatin County, Montana, and more particularly described as follows: Lot 3, Minor Subdivision #221 is located in the SW t;.; of Section 26, T1 S, R5E, PMM, Gallatin County, Montana, consisting of ::1:42.18 acres, and the adjacent public rights-oi-way of Catamount Street (fka East Hulbert Road) and Davis Lane. WHEREAS, the Landowners have petitioned the City for annexation ofthe contiguous tract; and WHEREAS, the CATTAIL LAKE ANNEXATION is not within the corporate limits of the City or other municipality but is contiguous to the City and may therefore be annexed to the City in CA 1'1' AIL LAKE ANNEXATION AGREEMENT I . . 111111111111111111111111111111111111111111111111111111I ~~2~~?~r~p Shelley Vance-Gallatin Co MT MISC 160.00 accordance with the provisions of this Agreement and M.C.A. Title 7, Chapter 2, Part 43, and WIIEREAS, all parties recognize that the annexation of the CA TT AIL LAKE ANNEXATION pursuant to Section 7-2-4301, et seq., M.C.A., will entitle the said property to City services, including municipal water and sewer service, upon their availability; and WHEREAS, M.C.A. Section 7-2-4305 provides that a municipality and landowners can agree to the provision of services to the area to be annexed; and WHEREAS, the City's present water supply is insufficient to enable it to supply reasonably adequate water service to additional customers outside the present city boundaries; and WHEREAS, the Landowners wish to convey to the City certain water rights or take some equivalent action to provide water and sewer service to the CATTAIL LAKE ANNEXATION; and WHEREAS, all parties recognize that the development of the CA TT AIL LAKE ANNEXA TION will require additional public street improvcments for traffic circulation on Davis Lane, Catamount Street (/ka Hulbert Road), Valley Center Road. and North 27'h Avenue; and WHEREAS, all parties recognize that the development of the CA TT AIL LAKE ANNEXA TION will impact the intersections of North 2ih Avenue/Valley Center Road. Davis Lane/Catamount Street (/ka Hulbert Road). Catamount Street {fka Hulbert Road)/North 2ih Avenue, and Davis Lane/Valley Center Road, and WHEREAS, the Landowners finds that this Agreement will provide for the most satisfactory and dependable water supply or service available to furnish water and provide traffic circulation for development near and within the CATTAIL LAKE ANNEXATION; and WllEREAS, the making and performance of this Agreement is desirable to promote the development of the most adequate water supply and traffic circulation pattern for the City as it now CATTAIL LAKE ANNEXATION AGREEMENT 2 . . 1111111111111111111111111111111111111111111111111111111 ~~2~~?~r~p Shelley Vance~Gallatin Cc MT MISC 160 00 exists and as it is reasonably expected to enlarge; and WHEREAS, the securing of an adequate water supply and traffic system by the City is necessary and of mutual advantage to the parties hereto; and WHEREAS, the parties have determined that it is in the best interests of the City and the Landowners, and in furtherance of the public health, safety and welfare of the community to enter into and implement this Agreement. IN CONSIDERATION ofthe mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. Recitals. CA TT AIL LAKE ANNEXATION is adjacent to thc existing right-of-way for Davis Lane and Catamount Street (fka Hulbert Road). 2. Annexation. The Landowner filed an application for annexation ofthe CA IT AIL LAKE ANNEXATION with the City. The City, on June 7, 2004, adopted a Resolution of Intent to Annex the CATTAIL LAKE ANNEXATION. By execution of this Agreement, the City has manifested its intention to annex the CA TT AIL LAKE ANNEXATION tract pursuant to the terms and conditions of this Agreement. Subject to the provisions of Title 7, Chapter 2, Part 43, the City shall, upon execution of this Agreement, adopt a Resolution of Anncxation of the CA TT AIL LAKE ANNEXATION to the City. Further, upon the execution of this Agreement, the Landowners shall do all things necessary and proper to aid and assist the City in carrying out the terms, conditions and provisions of this Agreement and effectuate the annexation of the CA TT AIL LAKE ANNEXATION to the City. CATTAIL LAKE ANNEXATION AGREEMENT 3 . , 3. Services Provided. 1111111111111111111111111111 11111111111111 11111 11111111 ~~,~~:6;~~p Shelley Vance-Gallatin Co MT MISC 160,00 The City will, upon annexation, make available only existing City scrvices to the extent currently availablc, including municipal water service, municipal sewer service, police protection, and fire protection, to the CATTAIL LAKE ANNEXATION, as provided in this Agreement. 4. Municival 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 13.12, Bozeman Municipal Code, or as may be amendcd, as well as any other terms and conditions which apply to the City's provision of this scrVIce. The term does not contemplate the extension of lines or construction of nccessary improvements at any cost to the City for delivery of water to and within the CA TT AIL LAKE ANNEXATION. Nothing in this Agreement shall obligate thc City to pay for right-of-way acquisition, engineering, construction, and other costs for the delivery of water to or within the CATTAIL LAKE ANNEXATION to include, but not limited to, any impact fees, hook-up, connection, or development charges which may be established by the City. 5. Municival 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 13.24, Bozeman Municipal Code, or as may be amended, as well as any other terms and conditions which apply to the City's provision of this service. The term does not contcmplate the extension of lines or construction of necessary improvements at any cost to the City for collection of scwage at and within the CA TT AIL LAKE ANNEXATION. Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition, engineering, construction, and other costs for the collection of sewagc services to or CA 1'1' AIL LAKE ANNEXATION AGREEMENT 4 . . . 1111111111111111111111111111111111111111111111111111111 ~~2~~?~?:P Shelley Vance-Gallatin Co MT MISC 160.00 within the CA TT AIL LAKE ANNEXATION to include, but not limited to, any impact fees, hookup, connection, or development charges which may be established by the City. 6. Water Riehts. The parties acknowledge the following City policy: Prior to annexation of property, it shall be the policy of the City of Bozeman to acquire usable water rights, or an appropriate fee in lieu thereof, equal to the anticipated average annual consumption of water by residents and/or users of the property when fully developed. The fee may be used to acquire water rights or for improvements to the water system, which would create additional water supply capacity. Except, however, that for any annexation in excess often (10) acres, this policy shall be carried out prior to final plat approval of each development phase. Seetion 2, No.5, Commission Resolution 3137, Adopted August 19, 1996 The Landowners shall provide sufficient water rights or cash. in-lieu as calculated by the City in accordance with its policy at time of calculation. The Landowners further understand that the City will calculate the average annual diversion requirement necessary to provide water to this annexation tract on thc basis of the zoning designation and/or City-approved development for the property at the time such calculation is made. The Landowners agree to provide sufficient water rights or cash-in-Iieu of water rights prior to filing of any Final Subdivision Plat, Final Site Plan approval, or the issuance of any building permit, whichever occurs first. 7. Comprehensive Water and Sewer Desien Report Prior to future devcIopment of the property, the Landowner shall have prepared by a Professional Engineer, at Landowner's expense, a comprehensive design report evaluating existing capacity of sewer and water utilities. 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 devcIopment of the land. If adequate water and/or sewer capacity is not CATTAIL LAKE ANNEXATION AGREEMENT 5 . . 111111111111111111111111111111111111111111111111111111I ~~2~~?~f:p Shelley Vance-Gallatin Co MT MISC 16000 available for full development, the report must identify necessary water system and sewer system improvements requircd for full development. The Landowner agrees to complete at Landowner's expense, the necessary system improvements to serve the full development. 8. Future Development The Landowners understand and agree that all future development on the CA TT AIL LAKE ANNEXA TION Tract shall be served by City Water and Sewcr as provided for in the City's facility master planning documents. The Landowners understand and agree that municipal services are not currently available to the area proposed for annexation and that there is no right, either granted or implied by the City, for the Landowners to develop any of the CATTAIL LAKE ANNEXATION Tract until it is verified by the City that necessary municipal services, including but not limited to police and fire protection, are available to all or a portion ofthe CA TrAIL LAKE ANNEXATION Tract. Landowners further understand and agree that at the time futurc development provides municipal water and sewer services to the existing residences, that they must connect to these serviccs. After connection to city water services, any existing wells may be used only for irrigation purposes only, and the septic systems and tanks must be properly drained, filled and abandoned. Upon future development of the CATTAIL LAKE ANNEXATION Tract, the City WaterlSewer Department will review plans for development of the proposed water infrastructure when they are provided and make any recommendations required to supply water to any proposed development on the CA TT AIL LAKE ANNEXATION Tract. 9. Impact Fees Landowner(s) hereby acknowledge that annexation and developmcnt of their property will CA 1'1' AIL LAKE ANNEXATION AGREEMENT 6 , . 1111111111111111I11111111111111111111111111111111111111 ~~,~~r:?:, Shelley Vance-Gallatin Co MT MISC 160.00 impact the City's existing street, water, and sewer infrastructure, and fire service requircments. Landowners shall pay to the City Fire and Street Impact Fees for any existing structurcs within the Tract prior to or at the time of Landowners' execution of this Agreement. At the time of connection to the City's water and sewer facilities, the landowners shall pay all applicable watcr and sewer impact fees for any existing structures within the Tract. At the time of any further development on the properties, the landowners and their successors shall pay all Fire, Street, Water and Sewer Impact Fees required by chapter 3.24, Bozeman Municipal Code, or as amended, at the timc of application for any permit listed in Section 3.24.050A, 3.24.060A, 3.24.070A, or 3.24.080A, respectivcly. Landowners further understand and agree that any improvements, either on- or off-site, necessary to provide connection of CA TT AIL LAKE ANNEXATION Tract to municipal services which are wholly attributable to thc property arc "project related improvements" as dcfined in Chapter 3.24, Bozeman Municipal Code, or as amended, and as such, are not eligible for impact fee credits. If Landowncr shall dcfault on this condition at the time such is to be performed, and should default not be remedied or corrected within thirty (30) days after written notice by City to Landowner of such default, City may at their option: A) Dcclare the amounts owing for impact fees immediately due and payable and City shall have the right and privilege to take legal action against Landowncr for the collection of such sums, including the entry of any judgment. In addition, the City may, at its option, enforce payment of such amounts by levying an assessment on the premises. B) Elect any other remedy available to City under the laws of the State of Montana. C) Any waiver by City of any default shall not be construed as a waiver of any subsequent default. L..andowner(s) hereby acknowlcdge and agree that it shall be no dcfense to the enforcement of this provision by City that impact fees imposed pursuant to Chapter 3.24 of the Bozeman Municipal CA 1'1' AIL LAKE ANNEXATION AGREEMENT 7 . . 111111111111111111111111111111111111111111111111111111I ~~2~~~~r ~p Shelley Vance-Gallatin Co MT MISC 16000 Code are subsequently voided or declared invalid by a court of competent jurisdiction. It is the express intention of the parties not to be bound by such a declaration or judgmcnt and, therefore, notwithstanding any judgment either limiting impact fee payments under annexation agreements to specified amounts, or prohibiting any such payment, landowner will pay such fees as specified above, in the amounts calculated for all such fees based upon the rates established at the date ofthis agreement. 10. Stormwater Master Plan Landowner understands and agrees that a Stormwater Master Plan for the CA TT AIL LAKE ANNEXATION for a system designed to remove solids, oils, grease, and other pollutants from the runoff from the public streets must be provided to and approved by the City Engineer at the time of any future development. The master plan must depict the maximum sized retention/detention basin location and locate and provide easements for adequate drainage ways within the area to transport runoff to the stormwater receiving channel(s). The plan shall include site grading and elevation information, typical stormwater detention/retention basin and discharge structure details, basin sizing calculations, and storm water maintenance plan. 11. Traffic Analysis Report Landowner shall provide a detailed Traffic Analysis Report(s) at the time of future development of any portion of the annexed property. 12. Waiver of Ril!ht-to-Protest Special Improvement Districts Thc Landowncrs have executed a Waivcr of Right-to-Protcst Creation of Special Improvement District for a) Street improvements including paving. curb/gutter, sidewalk and storm drainagefacilities/or the following streets: Davis Lane. Valley Center Road, and North 2ih Avenue; CA TT AIL LAKE ANNEXATION AGREEMENT 8 . 1111111111111111111111111111111111111111111111111111111 ~~2~~?~~:P Shelley Vanoe-Gallatin Co MT MISC 160,00 b) Signalization Improvements for the following intersections: North 2ih Avenue/Valley Center Road. Davis Lane/ Catamount Street (fka Hulbert Road). Catamount Street (fica Hulbert Road)/North 27'h Avenue, and Davis Lane/Valley Center Road; andfor apark maintenance district. Said Waivers are attachcd hereto as Exhibits A and B. 13. Utility Easements Landowner understands and agrees that utility eascments, a minimum of30 feet in width, will be necessary for the installation and maintenance of water and sewcr utility services to the annexed parcel. The Landowner shall create such easements in locations agreeable to the City during the appropriate dcvelopment procedure, but in no event later than the filing of any final plat or site plan or issuancc of a building pcrmit on any of the parcels. 14. Parks. Ooen Space and Trails Landowner understands and agrees that any contiguous parks, open space, and/or trails shall bc extended to the annexed property. Said plan is attached hereto as Exhibit C. 15. Diversitv Landowner understands and agrees that to achieve the goals and objectives set forth in the Bozeman 2020 Community Plan, a diversity of housing types and (net) densities shall bc provided. Said plan is attached hercto as Exhibit D. 16. Additional Terms of Waivers The parties recognize that these documents shall be executed and returned to the Bozeman Planning and Community Developmcnt Departmcnt within one year of preliminary approval of the annexation request by the Bozeman City Commission. The pmties also recognize that these documents shall be filed and of record with the Gallatin County Clerk and Recorder prior to thc sale CA 1'1' AIL LAKE ANNEXATION AGREEMENT 9 . . . 111111111111111111111111111111111111111111111111111111I ~~2~~?0~:P Shelley Vance-Gallatin Co MT MISC 160.00 or transfer of ownership of any land within the CATTAIL LAKE ANNEXATION. The parties further agree that the City may me these documents at any time. 17. Governin2: Law and Venue This Agreement shall be construed under and governed by the laws of the state of Montana. In the event of litigation concerning this Agreement, venue is in the Eighteenth Judicial District Court, Gallatin County, State of Montana. 18. Attorney's Fees In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any ofthe terms or conditions of this Agreement, then the prevailing party shall bc cntitled to reasonable attorney's fees and costs, to include the salary and costs of in-house counsel including City Attorney. 19. Waiver No waiver by either party of any brcach of any term, covenant or agreement shall be dccmed a waiver of the same or any subscquent breach of this same or any other term, covenant or agreement. No covenant, term or agreement shall be deemed waived by cither 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 rcspects as if such invalid or unenforceable provision were omitted. 21. Modifications or Alterations No modification or amendment of this Agreement shall be valid unIcss evidenced by a CA 1'1' AIL LAKE ANNEXA nON AGREEMENT 10 .. . writing signed by the parties hereto. 1111111111111111111111111111111111111111111111111111111 ~~~~~?oF~p 22. No Assienment Shelley Vance-Gallatin Co MT MISC 160.00 It is expressly agreed that the Landowners shall not assign this Agrccmcnt 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 cnforccable by the partics hereto and their respective heirs, successors and assigns. 24. Covenants to Run with the Land The parties intend that thc terms of this Agreement shall bc covenants running with the land and shall not expire at thcir deaths or upon transfer of ownership of the property. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. , LAN?ERS~ ~/~ (:./L-- Crestview Lakc l.LC R. Scott Hacker, Managing Member 4200 Expressway, Missoula, MT 59808 STATE OF MONT ANA ) f-'I ~ " ." ,., ss ' '.:':J.j (""".' ..'\.... County of GaHaiifl ) ,,,..,p', - ~\\\\\\\\\.. .,,e,,.,.,,,.,, /'C ~\\~ p,..,. - 4- ..-) I.. C('"C_J # p.. . Ilk::';.' On this ( ) . .~ day of -1 <z- (!:: bV\) ? Ii! , 2-00&, bef#~e~"tlie---an~'igned, a Notary Public .for the State ~f Mont.ana, personally appeared ~. scA :-1~)~~"r~ kno~~~~me to be the Managmg Member, of CrestvIew Lake LLC, the corporatlOn t~t e~ecutC:-.,d~_'t':~tPl~lnstrument, and acknowledged to me that he cxecuted the same for and on bc~~of sai&!2IPfPOratlQ~;' % ;,,>,... .. L1NDA:HAVERFIELD '%:7;-.... NOTAR~PUBUC'fortheStateofMontana IN WITNESS WH~REOF, I have ~ereunto set my l.1and, and affi~gtJ11-Y N&;~~i~t~~r~YO~7 year first above WrItten. dv_,-A :"L? J~t'-.-y-.(:-,-. ,~(;c( "';;II,'":,~_,,,:,,,-;':'- CA 1'1' AIL LAKE ANNEXA TION AGREEMENT II . . 111111111111111111111111111111111111111 1111111111111111 ~~2~~?0~:P Shelley Vance-Gallatin Co MT MISe 160,00 == see previous page == (Signature above) (Seal) (Printed Name above) Notary Public for State of Montana Residing at: Commission Expires: (Use 4 digits for expiration year) CITY OF BOZEMAN ~A.~ By: Chris Kukulski, City Manager ATTEST: @Z~ Clerk of the City Commission STATE OF MONTANA ) ss County of Gallatin ) ~ .2-005 On the E day of D ec('/.Il1 b e..r ,W66;-before me, a Notary Public for the State of Montana, personally appearcd CHRIS KUKULSKI AND ROBIN L. SULLIVAN, known to me to be the City Manager and Clerk ofthe City Commission respectively, of the City of Bozcman, whosc names are subscribed to the within instrument and acknowledged to mc that they executed the same for and on behalf of said City. IN WITNESS WIIEREOF, I havc hereunto set my hand and affixed my Notarial Seal on the day and year first written above. ~ C' /} /) , t2;.utli j! Ytl.-k-Itt....-. , i.II/ " 'gn ure above) ,.,' , r,r;/..,- ..I, , Z C . _-,'<?-t"........ .... ,i'-. /;;"'1" c{iln:r.. c :J tJ.-f K "'" v'" II, =. 'T , :3.;.~~~~iAL... :. (Printed Name above) :::~. ',l:~;}I:. :. Notary Public for State of Montana ~ :. ',,~""" ^- L :: yo .~ Residil~g ~t: I) 6:~-rYl d.-rL \ '-7Ylvo-.v-t;i-t1- L-> _ '::'" .,.~t .,': CommIS~I~)t1ExPI ~:~/J1/Jd'~M_'~3/) .:JOOb "III/ /,-:,: <- <, (Use 4 dIgIts for explra on year) {j II CATTAIL LAKE ANNEXATION AGREEMENT 12 '. . 1111111111111111111111111111111111111111111111111111111 ~~2~~?oF:p Shelley Vanoe-Gallatin Co MT MISC 160,00 EXHIBIT A WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS ROCKY MOUNTAIN TIMBERLANDS ANNEXATION The undersigned owners of the real property situated in the City of Bozeman, County of Gallatin, State of Montana, and more particularly described as follows: Lot 3, Minor Subdivision #221 is located in thc SW t;.; of Section 26, T1 S, R5E, PMM, Gallatin County, Montana, consisting of ::1:42. I 8 acres, and the adjacent public rights-of- way of Catamount Street (fka East Hulbert Road) and Davis Lane. IN CONSIDERATION of receiving approval for annexation for 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 which will be caused by the development of the above-described property, has waived and do hereby waive for itself, its succcssors and assigns, the right to protest the creation of one or more special improvement districts for: a) Street improvements including paving, curb/gutter, sidewalk and storm drainage facilities for the following streets: Davis Lane, Valley Center Road, and North 2ih Avenue; and b) Signalization Improvements for the following intersections: North 2ih A venue/Valley Center Road, Davis Lane/Catamount Street (fka l-lulbert Road), Catamount Street (fka Hulbert Road)/North 2ih A venue, and Davis Lane/Valley Center Road; or to make any written protest against the size or ~ · 1111111111111111111111111111111111111111111111111111111 ~~2~~?0~~P Shelley Vance-Gallatin Co MT MISC 160.00 In the event Special Improvement Districts are not utilized for the completion of these projects, we agree to participate in an alternate financing method for complction of said improvements on a fair share, proportionate basis as determined by square footage of the property, linear front footage ofthe property, taxable valuation ofthe property, or a combination thereof .rhis waiver shall be a covenant running with the land and shall not expire. The terms, covenants and provisions of the Waiver shall extend to, be binding upon the successors-in-interest and assigns of the parties hereto. _ zcrs DATED this q Je day off),;, (') ~c, L-(~_. ,2006. I"ANIJ~RS /"/~r iff:~ CrestvIew Lake LrC R. Scott Hacker, Managing Member 4200 Expressway, Missoula, MT 59808 STATE OF MONTANA ) y\..'\,-:-';o.cult, ss County of Eiallatln ) "((Y;S On this Cj {~ day of ~D~<!..::.k\ rO'>l?. , 2BB6; before me, the undersigned, a Notary Public for the State of Montana, personally appeared R. Scott Hacker, known to me to be the Managing Member, of Crestview Lake LLC, the corporation that executed the within instrument, and acknowledged to me that he executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and alIixed my Notarial Seal the day and year first above written..__ /'~ h . ,,,,.,\\\'I\\IIII!//I/IIIIZZ \' . \\~\\~ Il :1 . / " ~~~ .71.~// ,/",/ \~, "'. _ r ,.' ,,~, I (., ,i / ,~ ?Ijf\\I,c::.b'<<.", ' /lU,'(/' 'I. / (\,...,.l...../( :I>> ~ .... ....<..;'~r,,<;-"- ' ..' ' L.", ~ " t'~<v.....,.. ........~"\" (,nature above) I, g .:}/'t \.~ -:1~ ",'" 1 ,.. .~> .,' "." ., '.-' g ! "','-'-',-'qv".- .~o,~ ,', l/Lid.", / Ij(t vr.;. ,If:" I( ( (Seal) 2,~,,::'d:':,Hi\.L: (Printed Name above) %...; Notary Public ~or State of Montana ~ tP .. 'd. / J " '/... \,j'l",>-, <:;; Resl I~g ~t: c/n<t'/ I^J-i._ . " ~?'f:. u-' '. ,,/ CommISSIOn ExpIres: (0 - .s-' 2 (,(I / "//l I' " \", ZlllllliiJ!1iliil>;U..;....,.. (Use 4 digits for expiration year) . . . 1111111111111111111111111111111111111111111111111111111 ~~~~:~ofo~, Shelley Vance-Gallatin Co MT MISC 160,00 EXHIBIT B WAIVER OF RIGHT TO PROTEST CREA TION OF PARK MAINTENANCE DISTRICT ROCKY MOUNTAIN TIMBERLANDS ANNEXATION The undersigned owners of the real property situated in the City of Bozeman, County of Gallatin, State of Montana, and more particularly described as follows: Lot 3, Minor Subdivision #221 is located in the SW Yt of Section 26, TIS, R5E, PMM, Gallatin County, Montana, consisting of ::1:42.18 acres, and the adjacent public rights-of- way of Catamount Street (tka East Hulbert Road) and Davis Lane. 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 rcceipt of which is hereby acknowledged, and in recognition ofthe impacts which will be caused by the development ofthe abovc-described property, has waived and do hereby waive for itself, its successors and assigns, the right to protest the creation of a city-wide park maintenance district which will provide a mechanism for the fair and equitable assessment of maintenance costs for city parks; or to make any writtcn protest against the size or area or creation of the district to 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. . · · · 1111111111111111I11111111111111111111111111111111111111 g~~~0~~' Shelley Vance-Gallatin Co MT MISC 160 00 area or crcation of the district to be assessed in rcsponse to a duly passed resolution of intention to create one or morc special improvement districts which would include the above-described property. In the cvent Special Improvement Districts are not utilized for the completion of these projects, we agree to participate in an aIternatc financing method for completion of said improvements on a fair share, proportionate basis as determined by square footage of the property, linear front footage of the property, taxable valuation of the property, or a combination thereof. This waiver shall be a covenant running with the land and shall not expire. The terms, covenants and provisions of the Waiver shall extend to, be binding upon the successors-in-interest and assigns of the parties hereto. " J t ' --- Z .("' (i ':3 DATED this (/ "day ofL)~:: C.. ',:.>/,-\ b~. ,(' , 2BB6. LANZ.'.W."-'-'-. RS t ! _ ,);1:jY" :;,v-- Crestview Lake LL R. Scott Hacker, Managing Member 4200 Expressway, Missoula, MT 59808 STA TE OF MONT ANA ) ~\, '\ I 7) L" L"/ <,. ss County of Gal-hrtin ) .. Zce~ On this Cj J nIl. day of_D'7 i..! L ,c ~ b. (2:..._ ,W%', beforc mc, the undersigned, a Notary Public for the State of Montana, personally appearcd R. Scott Hacker, known to me to be the Managing Member, of Crestview Lake LtC, the corporation that exccuted the within instrument, and acknowledged to me that he cxecuted thc same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hcreunto set my hand and affixed my Notarial Seal the day and year first above written. de I:, .. . 1'1111'1l1'!/', .~, \\\\\...,.".., ',0//11 \ , ) '/ .,..Ol ~\\\"III'.- . .."'. . ..' #'''' ~ ?:...Ij~~[;(t:-;:!/,~:, ( _j_[.(61...,....- \1. /-,).-:rv'LK"/-<-"..L,,,,{ $' <0 ....~ ....;: r:,~ ?~;~,. I if~/ "<.>~;\ (Signature abovc)_ / ' ",: ,",,<' .\ ,CC ../ ". ~, :' ",\' , ,;< / /1 dt, /. !,- L ,,'1< ell(' I..{ 00 '...: .. 'C' - (Seal) ~ >', .. ~ '" (Printed Name above) ~ " .' 2 Not~r~ Public for..Stptc ofM?_~tana %~>.' Resldll1g at: c-/c / (", j-) // ~2;; .,,>J,:,:" Commission Expires~ C.. <;' I ["J(1? or' I., ".,'~ \ ',-' ,,:' " "';;;;1;1:'. ('S~'c' (Use 4 digits for expiration year) Illi,!;:,',';;:, 'i; ,. ~..\ I"" ,.". ~ . .. 1111111111111111111111111111111111111111111111111111111 ~~~~~?o~:P Shelley Vance-Gallatin Co MT MISC 160 00 Consent to Annexation of Adjacent Right of Way Affidavit I WIlLIAM .A.-. r1Wl~f Gallatin County , administrati ve head r or owner, and holder of heneficial intcrest in the street rights of way described on the cxhibit attached hcreto and madc pat1 hereof, do hcreby acknowledge and agrce to the annexation of these street rights of way by the City of Bozeman. Dated this t2-ctayof ~ ,200-.5 Title: ! ' , ~ (h'" .- r, ' I, "," M1~-- , ., , I~ . CRESTVIEW ANNEXATION '>- TO THE CITY m BOZEMAN A PARCf_L or LAND RFINC; LOT 3 AND ADJACf_Nl D[DICATED RIGHTS-Of .-WAY OF MINOR 'iU8DIVISION NO 221, LOCAITD IN TlI[ SOUTHWEST Ol)AFdU< OF SECTION Jb, TOWNSHIP 1 ~iOUTlI, RANGE 5 EAST, AND A PORTION Of IHL [XISTING COUNTY ROAD [ASEMENT ON DAVI:> LANE, LOCATED IN THf SOUTHEAST Ql)AR If R or SECTION 27, lOWNSllIP 1 SOUTH, RANc[ 5 EAST. "M.M, GALLATIN COUNTY, MONTANA 101M ARE^ 45,9]:) AeRtS / wrST 1/4 COR <:iI:..C. 26 0. .: M LfJ "'" mg]N 0 U)'Qw (grog N~~ NQj~ 00 m_ I~. N~~ TRACT A N88"SO'19"E LOT 2 ~ 0 I c NO. '65' 35.00' R ,.ua. NO 221 0 I c.O,j. I ,JINO .... - r::::: I 0S54'18'36"E - 0 --- <D ;;; . 38,69' 569'09'35"E ~ . . /'"'' --- (',~ _ SSe. S80'0?'30"E - '-' b<:J....'0 <9' 92.34 - tJl '" . ",. <~ 'f,- ~ .... \[ -'0' , ~"""'''''E LOT 1 ~ E · I 34.32' I- MINOR SUB. NO. 17.' --- lL S89'20'24"E ~ ~ 0 ! 30.00' - '-' ,-50' N89'57'49"E - c ~ 91.39' ..... .. I DEDICATED R/W ..... - .. ~EXISTING COUNTY c> - I - OJ - U ~ I ROAD lAS(MENT - c !!!!!!!!!!!!!!! .. '"'''- N89'44'54"E J :> ;), wrST I.INE iiiiiiiiiiiiiii ,. Of LOI ., 91.5S' - OJ IW ..... :Z iiiiiiiiiiiiiii ..... i <( OJ !!!!!!!!!!!!!!! .r: . -.J l.Ol J - tJl tJlNOR 5U[l. NO. 221 I CI) ~ 15 1<( ;0 ~ ::" Lor 4 ;"1 tvlIN()R SUB. NO. ;;>71C "I")I . ;" WEST liNt . b I -SECTION 26 00 ~ L Y'DEDICATED R/W <D ..., ;" ... I-50' SOUTII I.INE b 0 '"0'"" "~ tJl : I S89'44'~4''W . '..' 300U' SOUIH LINE '"-I /'omwm ,;. OC '" '~ % % .1.... I CATAMOUNT $TRi::ET_ _J N89"44't14 Mt. lL3I.08' ^v POINT or~" \[ S89.44'54"W 1452,61' "'--SOUIH 1/4 COR, BEGINNING I II i I DEDICATeD R!W I SFe. COR.' 00' ; ! : I '. J See. 26 I ~DIVI51(JN, PI1^~f. -h11l CREEK 51) i CA I I D~scription: I I Ihe fOllowing d~~~cribed percel 01 land is Lot 3 arId the adjacent dedicated rigbl-uf-way of Minor ~ Subdivi::;ion No. 221. located in the SOI,Jlhwest Quarter of SectiQrl 76. Township 1 South. Ronge 5 ECI~t. and a portion of thl2 c)(j::;t1ny county rood eosemenl on Davis Lane. located in t,hp. Southeast Quarter of Section 27. Township 1 South, Rongc 5 rust. Principal Meridion Muntana. Gallatin County, Montonq: Commencing ot th~= SOutheast corner of 50ld Section 27: thence on on C1pproxirnute bearing of South 89"44'54" West. (JIang the south linl'! 01 said ::;edion, 0 distance of .30.00 fc(!t to the Point of Beginning; thence North 00"39'36" last, along I,he we::;! lin~ of the existing county rOCld cQsement for Davis Lane, 0 distance of 1519,57 fed; ltlcn(:~ South 89'20'24" Eost, (] distance of .30.00 feet to the :iQuthwest corner of TrClct A of Certificote of Survey Nu. 165A; thence North 50"19'48" East, along the SOlJth~rly line o( said tract, a distance of 186.40 feet; thence North 88"50'19" E.ast, along said SOl.JthE:!rly li(Jt:!, CI distance of J5.00 feet to the ::;olJthwcst comer of Lot 2 of !j(lid subdivision; thence in 0 cJf!(J~!f(Jlly southeasterly direction along said southerly line thr"ough the following B courses: South :)4"18'jfj" East, (I di::;lmlu, uf .18.69 feet; South 58"29'41" I:.ast, Q disl,onl:;:l'! or 77~~.1 0 feet; 0 200' 400' (iOD' South Gg'09'J5" Eo::;!, a distance of 102,,31) feet; I I I 1 I I North eg"57'49" [051, (J distuf)ce of 91.j9 feel; SeA L t. South tl-O'OO'30" [Qst, a Jistur)c:e of 92.,YI feet; North 89"44'(J4" East, 0 di~tonce of 5'1,.5:2 t~~t: 1:1I:.^RING 8N:;I~;: MINOR SuBDIVISION NO. 221 ~oLJth 58"19'50" tc']st, 0 distance of fj(;7.84 f~~t; t.b7^nnex.dwg NOr"th 89-44'54" [a::;!, 0 distonce of 91 ,:,:) fE;!~t DRAWN BY tn ttl(~ northwe:st corner of Lot 4 Df Mirlur Subdivision No. 221C; thence South UO-48'36" We::;t, QIQng the iQ:~, SUIWtyfO Ay. we~t line of said 10\ Qnd alorlY its southerly extension. a Ji:>tonce of 1061,68 feet to 0 puirl\ iJr1 lM TD&~,::)\ THOMAS, DEAN & HOSKINS, INC. :south line. of said Section 26: then(.~ ~(")ufh flg.44'54" West, olong said south lirl{.' and Olonq tt~e sOlJth lirH.~ of said Section 27, a distance of 14.:,2,fj1 t~et 1('1 IhE,! Point of Beqinning ,J. B E1\CINEERING CONSlILTANTS , GREAT FALL':5-UOiLMAN-KAlIsr'fll MONTANA The describl7!d parcel C<:"Hltoins <'l~.9j~) oere::" mOf>2 ur' less. SPOKANE WASHINGTON LEWISTON IDAHO . C R ES1V1 EW ANNEXATION ... 'j TO IHl CITY ore BOZEMAN (RIGHT m WAY PORTION) A rARCf L Of" LAND BEING I)HJICATED RIGH1-Of -WAY ADJACENT TO LOT 3 OF MINOR SU[JDIVISION NO 221, loeATCD IN THE SOUTHWESl OUAR I fRO, SECTION 2f" I UWNSHIP 1 SOUTH, i<ANG[ 5 EAST, AND A PORIIUN 0, TlI[ [XISTING C01IN1Y IWAD [ASEMENT ON DAVIS LANF, I aeATCD IN THE SOU I H[AST OUARl f R Of S[CTION 27, TOWNSHIP 1 SOUIH, RANG[ 5 EAST, PM.M, GAl LATIN COUNTY, MONTANA D- r"') ill TOT AL ARlA .:576 ACRES "'" m~N /'WEST 1/4 COR. lOa: SEe, 20 10 a ;: mo N~~ Ni,j~ m_ N~~ iiiiiiiiiiiiiii 0 '" - - '" ;:; ill iiiiiiiiiiiiiii ~ I~ ~ ;: 1RACT A lJJl '} ~ , <'" NO. lEi5A MINQ~ SU8. NO 221 c,o.... - w - 0 <D III ,...-j. iiiiiiiiiiiiiii :E: ~ ~ I- 6 ~ z :E I ~ 0 _0 - -I: I Lol 1 ~~ I t.4INOR SUB. NO. 2:21 - .."l - -;; - ~ - , - Q) ~ g COUNTY ROAD DEDICATED R/W .. leASEMENl - :> iiiiiiiiiiiiiii 30' ~WEST LINE ). - Q) .... ..., OF LOT 3 ~ .... ..... Q) 0 !!'!!!!!!!!!!!! r. ,..., - III ..., W Z <( ..J [.0" .:3 en ~INOR SUB. NO. :2~ 1 5> <( 0 t_(J1.4 <'ua NO. 221C ~INOR '"' R/W SOUTH UNr SECTION 26 SOUTH IIN, -D[DICATED R/W Of L01 3~ CATAMOUNT STREET /SOll"48'36"W N89'44.54"E 1372.68' 30_01' .NR9.44'.~4"E 123108' '"" POINT Of _/, S8g.44'S4"W 1452.61' ~D[DICATEO RXW- \ I i! ; I f \ "'SOUTII 1 /4 em!. BEGINNING I 00' BOIYl5ION. f'HA5f. J 50' SEC. 26 COR. , CAHAlL CREEK SU ~ Desc:riplior1: The following described parcel of land is dec;lic::cl\eJ right-of-woy odjoc::ent 10 I.,ut 3 of Minor Subdivision No. 221, located in the Southwest Ql.Jortcr of Section 26. Township 1 South. Range 5 Eost, ond CI portion of the exi=:;ting cuunty road easement on [Jovis I arH:. located in the South~m;t Quuder of Section 27, Tnwrl:;liip 1 South, Range j Eost, Princ::ifHll Meridian Montano, Gollotin County, Montana: Commencing at the SOl.Jth<:!ost comer of said Section 27; thence on On approximote. bcorirll:;! of South 8g.4'1'~4" West. along the =:;:oultl line of said section, CI ("jisturlce of .30.00 feet to lhe Point uf l3eginninq; thence North 00'39'36" Cast. alonq the we::;l line of the existing counl,y rood ~:o:;(!rn(!nt for [")uvis Lone. a distance of 1.519,57 feet; thence South 89-20'24" rust. a distance 01 .30,00 f~el to \tIe southwest corner of Iract A at Certific:ot€ of Survey No. l1:i5A; thcrlce NOr"ttl SO'19J4~" tClS\. olong the 0 200' ~OO' 600' southerly line of 50id trOC!. 0 dlstaf'(:~ of 6~.~9 teet; !henc:e South OO"jg'jfj" West, olQng the we:;! line I I I l___-----..J of :;cid Lot j, Q distance of 1530.75 feel; thence North [\9.4~':>4" East. along the 50IJth Iln/'! of ='iclid SeA L f. lut, u distance of 1 j'12,r-;a feet; thf'!nC:f: South OO'48'j6" We::,t. Cl di:;tor'lc:e of 30.01 teet to (l tlQlnt Of1 the south line of soid Sec::tion 26; thence South fJ9-44'~4" Wt:::;\. ulony said sOlJth line (In(l Illong trlC I:JI:.ARING 8A~~IS. MINOr~ SunDIVISION NO. 221 south line of 5uid Se'ction 27, a distonce of 1457.61 feet to th€ Point of {1cginniny. 557RWAr\!lcx.Jwg lhe d€scrihp.d parcel cOrltuirl~ 3.76 aues, more or Ie:;:;. [)f~AWN BY !r~ SURVEYED BY TD&~-y... THOMAS, DEAN & HOSK1NS, INC. I.. 8 E'i(;INEERING CONSULTANTS f r.1~I.A' i AI I :;-fluif.MAN-K.ALISPELL MON1ANA SI:O~;A~~ WASHING IUN LEwlSTON IDAHO .. " '7 Schematic Site Plan ~ Crestview at Cattai.' Lake W NOT TO SCALE 11-14-05 m(Q)(:::I~:SS rr) ~ ARCHITECTURE: m~N , JAB '" U)'O<D , 1O '" g " NN~ " .. N ... N~2 , N ~ :g " _0 " _0 , !!!!!!!!!!! '" , iiiiiiiiiiiiiii ~ .+ ~, iiiiiiiiiiiiiii .. "',', iiiiiiiiiiiiiii . · ..~ '....... - 0 .,.+ ---., ==== ~ ..+ I - :E HIGHf:R DENSITY i = .... M\A.TI...fAMH...Y I - l!: 20. 2S UNITS I ACRE 55 ~ '. '1,.~" I I - ~ (,~~"- ~ , - ~ .....:\'\., ~ ' - q '\:'~ ..+ , =- l'l.. ............. " = <:!II . .... ~ ;?:5 .. ,.... I -,.!!l * , -~! . ~ ~ ~ li~~ I : dh i : "'<<(I).." ' I> .. , ~...u.iuu ...... ': , I .....~ - , ,i .., .- , ~ ."'~ ' , ~ ....~ ! ~ , I ~ i ~#t · IS , HIGHIiR DENSIlY .. ~_ ~ , " ~ IOlLTI.f'AMllY .... ..8 II... II...... ~ 20. 2S UNITS I ACRE : ~ " , . , . ' ~~p-~ . I " .,,"'1:............: " :$i~01t ". ...OINITV . L'B~'~;~1I .' "'. ,...-.::. · .t~~~~',<.:'::':."',,,~,~ : I -----.--..---..-.---...-.-..-...-------...-- CATAlIOUNT r:~:7:~~.~~~'~ (' . !Wi ~ I , I ~ .,. I i i ~ i " -**------- ~ \ " .,. " ~ \ ,. " , I \ CRESTVIEW AT CATTAIL LAKE BOZEMAN, MT