HomeMy WebLinkAbout01- North 27th Area Annexation Agreement
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ANNEXATION AGREEMENT
THIS AGREEMENT is made and entered into this 9th
day of
A .,
bl'e'iig~, 2001, 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 SANDAN, LLC, c/o Sandra Hamilton & Daniel
Madison, P.O. Box 1254, Bozeman, MT 59771-1254, hereinafter referred to
as" Landowners" .
WITNESSETH:
WHEREAS, Landowners are owners in fee of a tract of certain real
property, hereinafter referred to as the North 27th Area Annexation-
SANDAN, LLC, Property, Parcels A & B, and described as follows:
All of Minor Subdivision No. 145A, Tract 2 of C.O.S. No. 2050 and a
plat recorded at Film 12, page 1159, all located in the Southwest
Quarter and the Northwest Quarter of Section 35, Township 1 South,
Range 5 East, P.M.M., Gallatin County, Montana.
WHEREAS, the Landowners have petitioned the City for annexation of the
contiguous tractsi and
WHEREAS, the North 27th Area Annexation-SANDAN, LLC, Property, Parcels
A & B, are not within the corporate limits of the City or other
municipality but are contiguous to the City and may therefore be annexed
to the City in accordance with the provisions of this Agreement and
M.C.A. Title 7, Chapter 2, Part 43i and
WHEREAS, all parties recognize that due to lack of adequate water
supplies, City fire protection is not available to portions of the North
27th Area Annexation-SANDAN, LLC, Property, Parcels A & B, containing
structuresi and
WHEREAS, the Bozeman City Commission will annex property not
containing structures, hereinafter referred to as Parcel A, at this time,
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and will annex the property containing structures, hereinafter referred
to as Parcel B, when sufficient water supplies for fire protection are
available, or by November 1, 2005, whichever occurs first.
WHEREAS, all parties recognize that the annexation of the North 27lli
Area Annexation-SANDAN, LLC, Property, Parcel A, consisting of 60.65~
acres more particularly described in Exhibits A-I and A-2 attached hereto
and incorporated herein by reference, pursuant to Section 7-2-4301, et
seg., M.C.A., will entitle the said property to City services, including
municipal water and sewer service, upon their availability; and
WHEREAS, all parties recognize that, due to the lack of adequate water
supply for fire suppression and protection, the North 27th Area Annexation
Parcel B, 59.03~ acres more particularly described in Exhibits B-1 and B~
2 attached hereto and incorporated herein by reference, will be annexed
automatically upon the availability of adequate municipal water services
or by November I, 2005, whichever occurs first; 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 distribution and sewer collection
systems are insufficient to enable it to supply reasonably adequate water
and sewer service to the subject property; 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 North 27th Area Annexation-SANDAN, LLC, Property, Parcels .A & B;
and
WHEREAS, all parties recognize that the development of the North 27th
Area Annexation-SANDAN, LLC, Property, Parcels A & B, will impact area
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streets, and may require additional public street improvements for
traffic circulation; and
WHEREAS, the Landowners find that this Agreement will provide for the
most satisfactory and dependable water supply or service available to
furnish water and wastewater collection, and provide traffic circulation
for development near and within the North 27th Area Annexation-SANDAN,
LLC, Property, Parcels A & B; and
WHEREAS, the making and performance of this Agreement is desirable to
promote the development of the most adequate water supply, wastewater
collection and traffic circulation pattern for the City as it now 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 ilnplement this
Agreement.
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.
The Landowners filed an application for annexation of the North 27th
Area Annexation-SANDAN, LLC, Property, Parcels A & B, with the City. The
City, on September 20, 1999, adopted a Resolution of Intent to Annex the
North 27th Area Annexation-SANDAN, LLC, Property, Parcels A & B.
By
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execution of this Agreement, the City has manifested its intention to
annex the North 27th Area Annexation-SANDAN, LLC, Property, Parcel A,
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 Annexation of the North 27th
Area Annexation-SANDAN, LLC, Property, Parcel A, 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 North 27th Area Annexation-SANDAN, LLC, Property,
Parcel A, to the City.
3. Services Provided.
The City will, upon annexation, make available only existing City
services to the extent currently available, including municipal water
service, municipal sewer service, police protection, and fire protection,
to the North 27th Area Annexation-SANDAN, LLC, Property, Parcel A, as
provided in this Agreement.
4. Municipal Water Service Defined.
The term "municipal water service" as is used in this Agreement shall
be the serVlce which is supplied by the City in accordance with Chapter
13.12, 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 contemplate the extension of lines or construction of
necessary improvements at any cost to the City for delivery of water to
and within the North 27th Area Annexation-SANDAN, LLC, Property,
Parcel A. Nothing in this Agreement shall obligate the City to pay for
right-of-way acquisition, engineering, construction, and/or other costs
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for the delivery of municipal water service to or within the North 27th
Area Annexation-SANDAN, LLC, Property, Parcel A, to include, but not
limited to, any impact fees, hook-up, connection, or development charges
which 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
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 contemplate the extension of lines or constl'uction of
necessary improvements at any cost to the City for collection of sewage
at and within the North 27th Area Annexation-SANDAN, LLC, Property,
Parcel A. Nothing in this Agreement shall obligate the City to pay for
right-of-way acquisition, engineering, construction, and other costs for
the collection of sewage services to or within the North 27th Area
Annexation-SANDAN, LLC, Property, Parcel A, to include, but not limited
to, any impact fees, hookup, connection, or developlnent charges which may
be established by the City.
6. Water Riqhts.
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 of ten (10) acres,
this policy shall be carried out prior to final plat approval
of each development phase.
Section 2, No.5, Commission Resolution 3137, Adopted August. 19, 1996
The North 27th Area Annexation-SANDAN, LLC, Property, Parcels A & B,
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1311.00
consists of approximately 120 acres. The Landowners understand and agree
that they must provide sufficient water rights.
Cash-in-1ieu of water
rights will be calculated and due at the time of subdivision or
development of the property.
7. Comprehensive Water and Sewer Desiqn Report.
Prior to any further development of the property, the Landowners may
be required to have prepared by a Professional Engineer, at Landowners'
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 water and/or sewer
capacity is not available for full development, the report rnust identify
necessary water system and sewer system improvements required for full
development.
The Landowners agree to complete at Landowners' expense,
the necessary system improvements to serve the full development.
8. Waiver of Riqht-to-Protest Special Improvement Districts.
Landowners have executed a Waiver of Right-to-Protest Creation of
Special Improvement Districts for improvements, including; 1) A City-wide
Park Maintenance District, which would provide a mechanism for the fair
and equitable assessment of maintenance costs for City Parks; 2) Street
improvements, including paving, curb/gutter, sidewalk, and storm drainage
facilities, and any associated traffic signals for the following streets;
a) Davis Lane; b) North 27th Avenue; c) Deadmans Gulch Road; and d)
Hulbert Road; 3) Water main improvements for trunk water lines including
the following: Davis Lane; and 4) Trunk sewer main improvements to serve
the property as outlined in the Wastewater Facility Plan.
Said Waiver is
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attached hereto as Exhibit C, and is hereby incorporated ln and made a
part of this Agreement.
9. Public Street and Utility Easements.
Landowners understand and agree that utility easements, a minimum of
thirty (30) feet in width, will be necessary for the installation and
maintenance of water and sewer utility services to the annexed parcel.
The Landowners shall provide public street and utility easements for the
adjacent collector and arterial streets as follows; a) a 50' easement
(the east one half of the 100' arterial width) shall be granted for Davis
Lane; b) a 65' easement shall be granted for North 27th Avenue. A
preliminary design of the horizontal alignment and the four lane
transition of the street shall be submitted by the owners engineer for
review and approval by the City Engineer to ensure the easement will be
adequate. The design and easement will need to expand at the southeast
corner of the property to account for the transition to the future 4 lane
(split) facility south of the proposed annexation; and c) a 65' easement
shall be granted for Deadmans Gulch Road. The Landowners shall create any
such other easements in locations agreeable to the City during the
appropriate development procedure, but in no event later than the filing
of any final plat or site plan or issuance of a building permit on the
subject property.
10. Stormwater Master Plan.
Landowners understand and agree that a Stormwater Master Plan for the
North 27th Area Annexation-SANDAN, LLC, Property, Parcels A & B, 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
to transport runoff to the Stormwater receiving channel(s).
The plan
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must depict the maximum sized retention/detention basin locations and
locate and provide easements for adequate drainage ways within the area
shall include site grading and elevation information, typical Stormwater
detention/retention basin and discharge structure details, basin sizing
calculations, and Stormwater facilities maintenance plan.
11. Future Development.
Landowners understand and agree that all future development on the
North 27th Area Annexation~SANDAN, LLC, Property, Parcels A & B, shall be
served by City Water and Sewer as provided for in the City's facility
master planning documents.
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 North 27th Area
Annexation~SANDAN, LLC, Property, Parcels A & B, until it is verified by
the City that necessary municipal services are available to all or a
portion of the North 27th Area Annexation~SANDAN, LLC, Property, Parcels
A & B.
Upon future developlnent of the North 27th Area Annexation~SANDAN, LLC,
Property, Parcels A & B, the City Water/Sewer 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 North 27th Area Annexation-SANDAN, LLC,
Property, Parcels A & B.
Prior to the issuance of building permits for any new construction on
the property, an approved pressurized water supply (fire hydrants)
meeting the flow requirements of the 1994 UFC Appendix III~A shall be
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provided to the subject property.
The water system shall be installed,
tested and approved by the city prior to the issuance any building
permits.
12. Impact Fees.
The Landowners hereby acknowledge that annexation and development of
their property will impact the City's existing street, water and sewer
infrastructure, and fire service requirements.
At the time new
structures apply to the City's Water and Sewer facilities, the Landowne~'s
shall pay all Water and Sewer Impact Fees which are due.
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 time of application for any permit listed in Section 3.24.0S0A,
3.24.060A, 3.24.070A, or 3.24.080A, respectively.
If the impact fees
currently imposed pursuant to Chapter 3.24 of the Bozeman Municipal Code
are subsequently voided or declared invalid by a court of competent
jurisdiction, Landowners agree to pay the City fees or assessments
established by the City for impact on City services in accordance with a
new or revised Chapter of the Bozeman Municipal Code lawfully enacted as
a result of such court decision after the date of the court decision.
If, prior to enactment of such revised Chapter, the Landowner applies for
any permit which actuates or would have actuated impact fees pursuant to
the current Chapter 3.24 of the Bozeman Municipal Code, the Landowner
further agrees to pay at that time, the amount calculated for all such
fees based upon the rates established at the date of this agreement.
If the Court above declares Chapter 3.24 of the Bozeman Municipal Code
invalid, and if landowner would have been entitled to a refund under the
court's decision but were it not for the sole fact of the landowner
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paying impact fees because of this agreement, then all such impact fees
paid prior to the court's decision shall be held in escrow until a
revised Chapter of the Code is enacted after the Court's decision.
At the time the revised code is enacted, then all such fees held In
escrow shall be released to the city and the balance, if any, returned to
the landowner. All accumulated interest on the sum held in escrow shall
be released to the City or landowner on the same percentage as the money
released to either party bears to the total sum held in escrow.
Landowners further understand and agree that any improvements, either
on- or off-site, necessary to provide connection of North 27th Area
Annexation-SANDAN, LLC, Property, Parcels A & B, to municipal services
which are wholly attributable to the property are "project related
improvements" as defined in Chapter 3.24, Bozeman Municipal Code, or as
amended, and as such, are not eligible for impact fee credits.
The City has indicated its desire for Landowner to complete water main
and sewer main improvements which are not wholly attributable to the
property, and Landowner has indicated its willingness to make such
improvements.
Landowners may obtain credit against that portion of
development impact fees due or to become due for any improvements not
wholly attributable to the property by having its offer accepted by the
City to construct non-site-related improvements, in accordance with
Chapter 3.24, Bozeman Municipal Code, or as amended.
If Landowners default 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 Landowners of such default,
City may at their option:
A) Declare the amounts owing for impact fees immediately due and
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payable and City shall have the right and privilege to take
legal action against Landowners for the collection of such
sum, including the entry of any judgment.
In addition, the
City may, at its option, enforce payment of such amount by
levying an assessment on the premises.
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.
D) It is agreed that it shall be no defense to the enforcement of
this provision by City that impact fees imposed pursuant to
Chapter 3.24 of the Bozeman Municipal 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 judgment 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 amount
as specified above.
13. Additional Terms of Waivers.
The parties also recognize that these documents shall be filed and
recorded with the Gallatin County Clerk and Recorder prior to the sale or
transfer of ownership of any land within the North 27th Area Annexation-
SANDAN, LLC, Property, Parcels A & B.
The parties further agree that the
City may file these documents at any time.
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14.
Governinq 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.
15. Attorneys 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.
16. Waiver.
No waiver by either party of any breach of any term, covenant or
agreement shall be deemed a waiver of the same or any subsequent breach
of this same or any other term, covenant or agreement. No covenant, term
or agreement shall be deemed waived by either party unless waived in
writing.
17. Invalid Provision.
The invalidity or inability to enforce any provision of this Agreement
shall not affect the other provisions hereof, and this Agreement shall be
construed in all respects as if such invalid or unenforceable provision
were omitted.
18. Modifications or Alterations.
No modification or amendment of this Agreement shall be valid unless
evidenced in writing and signed by the parties hereto.
19. No Assiqnment.
It is expressly agreed that the Landowners shall not assign this
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Agreement in whole or in part without prior written consent of the City.
20. Successors.
This Agreement shall be binding upon, insure to the benefit of and be
enforceable by the parties hereto and their respective heirs, successors
and assigns.
21. Covenants to Run with the Land.
The parties intend that the terms of this Agreement shall be covenants
running with the land and shall not expire at their 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.
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S~ton
Partner, SANDAN, LLC
STATE OF MONTANA)
:ss
county of Gallatin)
. .. . ',I i lUll J,~ If'l
'<'<y\....~:.;~fi.l;~J.- day of F?3~i, 2001, Sandra Hamilton, whose identity I
.~,~...' Y~t~t'!.(4'''{.lii. the basis of t' fJ.--ra ............ \. \<...--...t '(\L.-J LL<J LvL ,personally
~\/:~~\~~~~j~.~orn to me, a Notary. Public for the State of Montana, to be
,.,; ',' J'(t~'~r: Q~ SANDAN, LLC, subscrlbed before me, and acknowledged to me
~ ('.~~}~~~~ecuted the within instrument for and on behalf of SANDAN, LLC.
. ,y, .~"
.,...... >,tDJ>~~ESS WHEREOF I have hereunto set my hand and affixed my seal
':l""~~~A'~~""~nd year first written above.
J~ '," IL, ;" "t~'il~'l:~\'
~
Notary Public for the State of Montana
Residing at.0 u l ~ , Montana
Commission Expires; / - I\). Z 0 \J t.
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~
,
Daniel Madison
Partner, SANDAN, LLC
STATE OF MONTANA)
:ss
County of Gallatin)
On the \ day of F t.b~ i, 2001, Daniel Madison, whose identity I
verified on the basis of t'f:.IC).........v;I-'--_,,<..-".\\J.........~"-- ,personally
appeared, sworn to me, a Notary Public for the State of Montana, to be
the Partner of SANDAN, LLC, subscribed before me, and acknowledged to me
that he executed the within instrument for and on behalf of SANDAN, LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal
the day and year first written above.
Notary Public for the State of Montana
Residing au-t> a t ~.~ , Montana
Commission Expires: 1_ I \l - 't is v z.
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CITY OF BOZEMAN
\
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Clark Johnson, City Manager
rJ:kJ k~
Clerk of the City Commission
STATE OF MONTANA)
:ss
County of Ga~atin) ~
On the 9 day of , 2001, before me, a Notary Public
for the State of Montan , personally appeared CLARK JOHNSON AND ROBIN L.
SULLIVAN, known to me to be the City Manager and Clerk of the City
Commission respectively, of the City of Bozeman, whose names are
subscribed to the within instrument and acknowledged to me that they
executed the same for and on behalf of said City.
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on
the day and year first written above.
otary Public
Residing at
Commission
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EXHIBIT A-I
~ll~JJlfl~"l~'I(~'~!' 'illflIWl~ 111111 (~111 ~~~~;~}:,
North 27m Area Annexation, SANDAN L.L.C. Property ~ Parcel A
Description:
A tract of land being a portion of Lot 2A of Minor Subdivision No. l45A and a portion of Tract 2
of Certificate of Survey No. 2050, the herein described tract being located in the Northwest
Quarter of Section 35, Township 1 South, Range 5 East, Principal Meridian Montana, Gallatin
County, Montana and being more particularly described as follows:
Beginning at the southeast comer of the Northwest Quarter of Section 35, said comer being
marked by a found 2" brass cap; thence South 89041'58" West, along the south line of said Lot 2A
of Minor Subdivision No. l45A, a distance of 1126.15 feet; Thence in generally northwesterly
and northerly directions through the following 10 courses:
North 30022'19" West, 483.25 feet;
North 59037'41" East, 87.36 feet;
North 30022'19" West, 65.00 feet;
South 59037'41 " West, 87.36 feet;
North 30022'19" West, 236.99 feet;
North 00013'52" East, 893.36 feet;
South 89046'08" East, 58.43 feet;
North 00013'52" East, 60.00 feet;
North 89046'08" West, 58.43 feet;
North 00013'52" East, 194,08 feet
to a point on the south line of Tract 1 of Certificate of Survey No. 2050; thence North 89044'23"
East, along said south line, a distance of 1525.91 feet to a point on the east line of the Northwest
Quarter of Section 35; thence South 00013'52" West. along said east line, a distance of 1825.94
feet to the point of beginning.
The described tract contains 60.65 acres, more or less.
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EXHIBIT A-2
NORTH 27TH AREA ANNEXATION
SANDAN L.L,C, PROPERTY - PARCEL A
A TRACT OF LAND BEING A PORTION OF LOT 2A OF MINOR SUBDIVISION NO. 145A.
AND A PORTION OF TRACT 2 OF C.O,S, NO. 2050. LOCATED IN THE NORTHWEST-QUARTER OF SECTION 35.
TOWNSHIP 1 SOUTH. RANGE 5 EAST, P.M.M., GALLATIN COUNTY, MONTANA
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N 1/4 COR..
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NW COR..
SEC, 35
TRACT ;050
C,O,5,
SOUTH LINE OF
TRACT 1. C.O.5.
N69'44'2:\"E
1525,91'
LINE fABLE
Line 8eorinq Q;stonce
L1 N59" 3 7' 41 "( 87.36'
LZ N30'22'19 "w 65.00'
U 559' 37"4 1 '"VI 87.36'
L4 589'46'08"( 58,4.3'
L5 N00'13'5Z"( 60,00'
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CONTAINS 60,65 ACRES
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SEC, 35
SE COR, NW 1/4.
SEe. 35
EAST LlN E OF ------
LOT 1A. MINOR
SUB, 145A
\ SOUTH liNE OF LOT 1A
MINOR SUB, 145A
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EXHIBIT B-1
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Shelley Vanoe-Gallatln Co ~T MISC 138,00
North 27m Area Annexation, SANDAN L.L.C. Property - Parcel B
Description:
A tract of land being Lot IA and a portion of Lot 2A of Minor Subdivision No. 145A, a portion
of Tract 2 of Certificate of Survey No. 2050 and the property described on the plat of record, FiJm
12, Page 1159, Gallatin County records. The herein described tract is located in the Northwest
Quarter and the Southwest Quarter of Section 35, Township 1 South, Range 5 East, Principal
Meridian Montana, Gallatin County, Montana, and is more particularly described as follows:
Beginning at the west 1/4 comer of said Section 35; thence North 89041'24" East, along the
westerly line of Lot 1 A of Minor Subdivision No. I45A, a distance of 30.00 feet; thence North
00009'17" East, along the west line of said Lot lA, a distance of 360.24 feet, to a point on the
south line of a plat recorded on Film 12, Page 1159 of Gallatin County records; thence North
89048'56" West, along the south line of said plat, a distance of 30.00 feet; thence North 00009'17"
East, along the west line of Section 35, a distance of 149.89 feet; thence South 89049'53" East,
along the north line of said plat, a distance of 30.00 feet to a point on the west line of said Lot 2A;
thence North 00009'17" East, along said west line of Lot 2A, a distance of 291.90 fe.et, to the
southwest comer of Lot 1, Minor Subdivision No. 145; thence North 89043'57" East, along the
south line of said Lot 1, a distance of 223.37 feet; thence North 00013'55" East, along the east line
of said Lot 1, a distance of 195.10 feet, to the northeast comer of said Lot 1; thence South
89042'52" West, along the north line of Lot 1 and its westerly prolongation, a distance of 253.63
feet; thence North 00009'17" East, along the west line of Section 35, a distance of 830.93 feet, to
the southwest comer of Tract 1 of Certificate of Survey No. 2050; thence North 89044'23" East,
along the south line of Tract 1, a distance of 1126.47 feet; thence in a generally southerly and
southeasterly direction through the following 10 courses:
South 00013'52" West, a distance of 194.08 feet;
South 89046'08" East, a distance of 58.43 feet;
South 00013'52" West, a distance of 60.00 feet;
North 89046'08" West, a distance of 58.43 feet;
South 00013'52" West, a distance of 893.36 feet;
South 30022'19" East, a distance of 236.99 feet;
North 59037'41' East, a distance of 87.36 feet;
South 30022'19" East, a distance of 65.00 feet;
South 59037'41" West, a distance of 87,36 feet;
South 30022'19" East, a distance of 483.25 feet;
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1111111111111111111111 ~~;~~~,~~,
Shelley Vance-Gallatin Co ~T ~ISC 138,00
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to a point on the south line of Lot 2A, Minor Subdivision No. 145A; thence South 89041'58"
West, along said south line, a distance of 198.91 feet; thence South 00013'15" West, along the east
line of said Lot lA, a distance of331.47 feet; thence South 89041'44" West, along the south line
of said Lot lA a distance of 1324.60 feet; thence North 00010'12" East, along the west line of Lot
lA, a distance of 331.34 feet, to the point of beginning.
The described tract contains 59,03 acres, more or less.
lA
EAST UN E OF -
LOT lA. MINOR
SUB, 145A
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L2 S3D'22'19T 65,00' 11)0 :
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L4 N89'~6'08"W 58.43' rt)N~
L5 500'1.3'52 "W 50.00' Q ii~
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L7 589' 41'58"W 198,91' S
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L8 500'13'15 "W 33147' ID
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L9 NOD'10'12"E 331.34'
L10 N89'41'24 "E 30.00'
LlI NOO'09'17"E 360,24'
L12 N89'48'56"W 30.00' u
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Ll6 N89'43'SrE 223.37" u
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MINOR suB, 145A SEC, 35
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EXHIBIT B-2
NORTH 27TH AREA ANNEXATION
SANDAN L.L,C. PROPERTY - PARCEL B
A TRACT OF LAND BEING LOT 1A AND A PORTION OF LOT 2A OF MINOR SUBDIVISION NO. 145A,
A PORTION OF TRACT 2 OF C,O,S. NO. 2050 AND A PLAT RECORDED ON FILM 12, PAGE 1159.
LOCATED IN THE NW 1/4 AND IN THE SWI /4 OF SECTION 35. T1 S, R5E, P.M.M" GALLATIN COUNTY, MONTANA
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ANNEXATION BOUNDARY
CONTAINS 59,03 ACRES
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MINOR SUB. 145A
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SUB, 1 45A
S89'41'44"W
1324,60
SOUTH LINE OF LOT 1 A
MINOR SUB 145A
1/12/01
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TH:OMAS~DE.AN&HOSKINS..INC.
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the Wastewater Facility Plan,
or to make any written protest against the
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1111111111111111111111 ~~;~~~,~~
Shelley Vanoe-Gallatln Co ~T ~ISC 138,00
EXHIBIT C
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
NORTH 27TH AREA ANNEXATION TRACTS-SANDAN, LLC, PROPERTY, PARCELS A & B
The undersigned owners of the real property situated in the County of
Gallatin, State of Montana, and more particularly described as follows;
All of Minor subdivision No. 145A; a tract of land
described in a plat recorded in Film 12, Page 1159; and
Tract 2 of C.O.S. #2050, all located in the Southwest
Quarter and the Northwest Quarter of Section 35,
Township 1 South, Range 5 East, P.M.M., Gallatin County,
Montana.
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 on traffic, and
the need for municipal water and sewer services that will be a result of
the development of the above-described property, the owners have waived
and do hereby waive for themselves, their successors and assigns, the
right to protest the creation of one or more special improvement
districts for:
1) A City-wide Park Maintenance District, which would
provide a mechanism for the fair and equitable assessment of maintenance
costs for City Parks; 2) Street improvements, including paving,
curb/gutter, sidewalk, and storm drainage facilities, and any associated
traffic signals for the following streets: a) Davis Lane; b) North 27th
Avenue; c) Oeadmans Gulch Road; and d) Hulbert Road; 3) Water main
improvements for trunk water lines including the following: Davis Lane;
and 4) Trunk sewer main improvements to serve the property as outlined in
size or area or dreation of the district to be assessed in response to a
duly passed resolution of intention to create one or more special
,
.
11111111111111111111 II ~~;~~~,~~,
Shelley Vanoe-Gallatin Co ~T ~ISC
138.00
improvement districts which would include the above~described property.
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 completion of said improvements on a fair share,
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----------------,-
L---------
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 with the dissolution of the limited partnership, provided however
this waiver shall apply to the lands herein described.
The terms, covenants and provisions of the Waiver shall extend to, and
be binding upon the successors-in-interest and assigns of the parties
hereto.
DATED this
!
day of
r~j~nhr_-J ' 2001.
~~,~-
Sandra Hamilton
Partner, SANDAN, LLC
STATE OF MONTANA)
:ss
County of Gallatin)
. "'\JIf"','~l/."ithe,,-1- day of -F~i 2001, Sandra Hamilton, whose identity I
",7-":. '2,,~::(I-,i~.6n the basis of f/;-U ~'-- , lCA( "LA.lvt.<:>u----L ,personally
,.'~''''' . '. .. . '_ ~'..pworn to me, a Notary Publlc for the State of Montana, to be
. ,,~,(\)\~ '~ n~:i;>~\ SANDAN, LLC, subscribed before me, and acknowledged to me
~ i '\~:~.~..".s~ff:'X:ecuted the within instrument for and on behalf of SANDAN, LLC,
\).-0' ;'::\'~l{i:.t;j.~ESS WHEREOF, I have hereunto set my hand and affixed my seal
~;"'.~hf::..;~,,'.'~nd year first written above.
J~ 7":; (.~: ' .".,,~'
Notary Public for the State of Montana
Residing at..6v"t.~ , Montana
Commission Expires; /-1 \J - ? vu '----,
1111111111111111111111 ~~;~~~~,~~,
Shelley Vanoe-Gallatln Co ~T ~ISC 138,00
. ,
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Daniel Madison
Partner, SANDAN, LLC
STATE OF MONTANA)
:ss
County of Gallatin)
On the l day of f::~(, 2001, Daniel Madison, whose identity I
verified on the basis of 7~6~ l~~~ ~ ,personally
appeared, sworn to me, a Notary Public for the State of Montana, to be
the Partner of SANDAN, LLC, subscribed before me, and acknowledged to me
that he executed the within instrument for and on behalf of SANDAN, LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal
the day and ye~r first written above.
L------------------------'
Notary Public for the State of Montana
Residing at , Montana
Commission Expires: