HomeMy WebLinkAbout05- Sundance Business Court Annexation Agreement
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SUNDANCE BUSINESS COURT ANNEXA nON /":--(.J-
ANNEXA nON AGREEMENT
THIS AGREEMENT made and entered into this 1 flth day of _----MajL______,'___, 2005, by and
between the CITY OF BOZEMAN, a municipal corporation and political subdivision of the State of Montana
with otliees at 411 East Main Street, Bozeman, Montana 59771-0640, hereinafter referred to as "City", and JOE
F. MCLENDON, representing McLendon Investments, L.L.C., 1000 Laurel Road Road, Bozeman, Montana
59715, hereinafter referred to as "Landowner",
WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafter referred to as the
SUNlJANCE BUSINSS COURT ANNEx"A110N tract situated in Gallatin County, Montana, and more
particularly described as follows:
A Tract of land being Lot 27 of the Gordon Mandeville State School Section subdivision
located in the Northeast One-Quarter of Section 36, Township I South, Range 5 East, Principal
Meridian Montana, Gallatin County, State of Montana. Said Tract of land being 1,754:1:: acres
more or less along with and subject to any and all existing easelnents.
WIU:REAS, the Landowner has petitioned the City for annexation of said tract of land; and
WHEREAS, the SUNDANCE BUSINSS COURTANNEXA nON 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 M,C.A Title 7, Chapter 2, Part 43.
WHEREAS, all parties recognize that the annexation of the SUNDANCE BUSINSS COURT
ANNEXATION pursuant to Section 7-2-4305, et seq., M.C.A. will entitle the said property to City services,
including llllHlicipal water and sewer service, upon their availability; ancl
WHEREAS, M,C.^, Section 7-2-4305 provides that a municipality and landowner can agree to the
provisions of services to the area to be annexed; and
WHEREAS, the City's present water supply and sewer collection system is insufficient to enable it to
supply reasonably adequate water and sewer service to additional customers outside the present city boundaries;
and
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WHEREAS, all parties recognize that the development of the SUNDANCE RUSINSS COURT
ANNEXA110N will impact area streets, and that future improvements may require additional public street
improvements for traffic circulation; and
WHEREAS, the Landowner wishes to convey to the City certain water rights or take some equivalent
action to provide water and sewer service to the SUNDANCE BUSINSS COURT ANNEXATION; and
WHEREAS, the Landowner finds that this Agreement will provide for the most satisfactory and
dependable water supply and sewer supply or service available to furnish water and wastewater collection, and
provide traffic circulation for development near and within the SUNDANCE RUSINSS COURT
ANNEXA110N; and
WHEREAS, the making and performance or 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, wastewater collection, and traffic systems by
the City is necessary and of mutual advantage to the parties hereto.
WHEREAS, the parties have determined that it is in the best interests or the City and Landowner, and
in furtherance or the public health, safety and welfare of the community to enter into and implement this
Agreement.
WIT N ESE T H:
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 Landowner filed an application for annexation of the SUNDANCE lJUSINSS COURT
ANNEXATION with the City on May 27, 2004. The City, on August 2, 2004, adopted a Resolution of
Intent to Annex the SUNDANCE RUSINSS COURT ANNEXA110N. By execution of this Agreement,
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the City has manifested its intention to annex the SUNDANCE BUSINSS COURT ANNEXA TlON 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 Annexation of the SUNDANCE
BUSINSS COURT to the City. Further, upon the execution of this Agreement, the Landowner 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 SUNDANCE /JUS1NSS COURT ANNEXATION tract
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 SUNDANCE BUSINSS COURT ANNEXATION, as provided in this Agreement.
4. Municipal Water Service Defined
The term "municipal water service" as is used in this agreement shall be the service which is supplied by
the City in accordance with Chapter 13.12, Bozeman Municipal Code, or as may be amended, as well as any
other tenns 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 SUNDANCE RUSINSS COURT ANEXATlON. 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 SUNDANCE BUSINSS COURT ANNEXAl'JON 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.
s. 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 construction of necessary improvements at any cost to the City for collection of sewage
at and within the SUNDANCE BUSINSS COURT ANNEXATION. Nothing in this Agreement shall obligate
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the City to pay for right-of-way acquisition, engineering, construction, and other costs for the collection of
sewage services to or within the SUNDANCE BUS1NSS COURT ANNEXATION to include, but not limited
to, any impact fees, hookup, connection, or development charges which may be established by the City.
6. Water Ril!hts
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 Landowner understands and agrees that they must provide sufficient water rights in accordance
with the City's policy according to the following schedule:
SUNDANCE BUS1NSS COURT ANNEXA TlON, consisting of a total of J,754-r. acres, prior
to annexation of said lands to the corporate limits of the City of Bozeman,
The Landowner shall provide sufficient water rights or cash-in-lieu as calculated by the City in
accordance with its policy at the time of calculation, The Landowner further understands that the City will
calculate the average annual diversion requirement necessary to provide water to this annexation tract on the
basis of the zoning designation and/or City-approved development for the property at the time such calculation
is made.
7. Cmllprehensive Water and Water Desil!l1 Rel)Ort
Prior to future development of the property, the Landowner may be required 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 full development, the
report must identify necessary system improvements required for full development The Landowner agrees to
complete at Landowner's expense, the necessary system improvements to serve the full development
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8. Future Development Limitations /111111111111/1111111111//111110 //1111//111/1111/1/111 ~:~;~~~~:
Sn.ll.y Vano.-Gallatln Co MT MISC 108.00 .
Landowner understands and agrees that substantial limitations for growth exist in the wastewater
collection system for this property, which will need to be addressed in conjunction with development of the
parcel. The future developer will be responsible for installing any facilities required to provide full municipal
services to the property in accordance with the City's Infrastructure Master Plans and all city policies and
guidelines that may be in effect at the time of development. Thus, Landowner understands and agrees that there
is no right, either granted or implied by the City, for the Landowner to develop any of the SUNDANCE
BUS1NSS COURT until it is verified by the City that necessary municipal services, including but not limited to
police and fire protection, and sewer and water capacity, are available to all or a portion of the SUNDANCE
BUS1NSS COURTANNEXATlON.
9. Stormwater Master Plan
Landowner understands and agrees that a Storm water Master Plan for the SUNDANCE BUSINSS
COURT ANNEXATION for a system designed to remove solids, oils, grease, and other pollutants from the
runoff from the public streets may be required to be provided to and approved by the City Engineer at the time
of any future development. The master 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 transpOJi runoff
to the stormwater receiving channel(s). The plan shall include site grading and elevation information, typical
slormwater detention/retention basin and discharge structure details, basin sizing calculations, and stormwater
rnaintenance plan.
to. Waiver of RhdIt-to-Protest Special Improvement Districts
Landowner has executed a Waiver of Right-to-Protest Creation of Special Improvement Districts for
maintenance of any parks within the annexed area and/or of a City-wide Park Maintenance District, and Waivers
of Right-to-Protest Creation of Special Improvement Districts, which would provide a mechanism for the fair
and equitable assessment of maintenance costs for such parks, is attached hereto as Exhibit "A", and is hereby
incorporated in and made a part of this Agreement.
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Landowner has further executed a Waiver of Right-to-Protest Creation of Special Improvement Districts
for improvements, including: 1) street improvements including but not limited to paving, curb and gutter,
sidewalk, stormwater drainage improvements to Griffin Drive and NOIth 71h A venue, and 2) any associated
traffic signalization improvements at the intersection of Griffin Drive and North ih A venue, is attached hereto
as Exhibit "B", and is hereby incorporated in and made a palt of this Agreement.
Landowner agrees that in the event an S.LD. is not utilized for the completion of these improvements,
the developer agrees to participate in an alternative financing method for the completion of said improvements
on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the
property, traffic contribution from the development or a combination thereof.
12. Utility 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 annexed parcel.
The Landowner shall create such easements in locations agreeable to the City during the appropriate
development procedures, but in no event later than the filing of any final plat or site plan review or issuance of a
building permit on the parcel(s).
13. Impact Fees
Landowner and Landowner/Developer 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 Landowners shall pay all Water and
Sewer Impact Fees, which are due. The Landowner and Landowner/Developer 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'()60A, 3.24Jl70A, or 3.24.080A,
respectively. Tr 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, Landowner agrees 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
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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 hased 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
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 halance, if any, returned to the Landowner and/or Landowner/Developer. 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 hears to the total sum held in escrow.
Landowner further understands and agrees that any improvements, either on- or off~site, necessary to
provide connection of Annexation Tracts 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.
If Landowner defaults on this condition at the time such is to be performed, and should default not be
remedied or corrected within thirty (30) days after written notice by City to the Landowner and
Landowner/Developer of such default, City may at their option:
A) Declare the amounts owing for impact fees immediately due and payable and 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 patties 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.
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14. Public Street and Utility Easements 111111111111111111111111111111111111111111111111111111I ~~t~~r~!:p
Shallay Vanoa-Gallatin Co MT MISC 109.00
The Landowner understands and agrees that public street and utility easements for Griffin Drive, fifteen
(15) feet in width along the north half of Griffin Drive, shall be necessary for future improvements to Griffin
Drive. The Landowner shall create such casements in locations determined agreeable to the City during
annexation of said tract of land.
15. Additional Terms of Waivers
The parties recognize that these documents shall be filed and of record with the Gallatin County Clerk
and Recorder prior to the sale of any land with the SUNDANCE BUSINESS COURT ANNEXA TlON. The
parties further agree that the City may file these documents at any time.
16. Governine: 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.
17. Attorney'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,
18. 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.
19. 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.
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20. Modifications or Alterations SMelley Vanoe-Gallatln Co MT MISC 108.00
No modifications or amendment of this Agreement shall be valid unless evidenced by a writing signed
by the parties hereto.
21. No Assil!nmcnt
It is expressly agreed that the Landowner and/or Landowner/Developer shall not assign this Agreement
in whole or in part without prior written consent of the City.
22. 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.
23. 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,
The undersigned Landowner and Landowner/Developer affirms that they have authority to enter into
this Agreement on behalf of their corporation, and to bind the corporation to this Agreement
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and
year first above written.
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Shelley Vance-GallatIn Cc MT MISC 108,00
LANDOW~ER
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IBy: JOE F. MCLENU6N, Representing
l/MCLENDON INVESTMENTS, L.L.c.
STATE OF MONTANA )
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COUNTY OF GALLATIN )
On this :;)&.- dayof ~~ ,2004, before me, a Notary Public for the State of
Montana, personally appeared Joe McLendon, representing McLendon Investments, L.L.c., known to me to he
the person that executed the foregoing Annexation Agreement, and acknowledged to me that he/she executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first
above written.
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I Sundancc Business Court Annexation Agreement 10
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SMelley Vance-Gallatin Cc MT MISC 108.00
CITY OF BOZEMAN
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By: CHRIS A. KUKULSKI, City Manager
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STATE OF MONTANA )
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COUNTY OF GALLA TIN )
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On this j tof1aay of ~_._ ,2005, before me, a Notary Public for the state of
Montana, personally appeared Chris Ku~ lski and Robin Sullivan, known to me to the persons descrihed in and
who executed the foregoing instrument as City Manager and Clerk of the Ci ty Commission respecti vel y, of the
City of Bozeman, whose names are subscribed to the within instrument and acknowledged to me that they
executed the same for and on behalf of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first
above written.
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I Sundance Busincss Court Annexation Agl'ccmcnt 11
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EXHIBIT "A"
WAIVER OF RIGHT-TO-PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICT
FOR A CITY-WIDE PARK MAINTENANCE DISTRICT
The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and
more particularly described as follows:
A Tract of land being Lot 27 of the Gordon Mandeville State School Section subdivision
located in the NOltheast One-Quarter of Section 36, Township 1 South, Range 5 East, Principal
Meridian Montana, Gallatin County, State of Montana. Said Tract of land being 1.754:t acres
more or less along with and subject to any and all existing easements.
IN CONSIDERATION of receiving approval for annexation of the subject property from the City of
Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt
of which is hereby acknowledged, and in recognition of the impact to City parks which will be caused by the
development of the above-described property, the owner has waived and do hereby waive for itself, its
SLlccessors and assigns, 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
lnake 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 shall be a covenant running with the land and shall not expire with the dissolution of the
corporation, 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.
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DA TED this~ day of _.. .:c:.. r;---e ,In "C#<--" , 2004.
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Shelley Vanoe-Gallatin Co MT MISC 108.00
LANDOWNER
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B~y;i6E F. MCLENDON'; representing
~CLENDON INVESTMENTS, L.L.c.
STATE OF MONTANA )
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COUNTY OF GALLA TIN )
On this .2.~ day of :~tJ-yr-..~ .2004, before me, a Notary Puhlie for the State of
Montana, personally appeared Joe McLendon. representing McLendon Investments. L.L.C. known to me to be
the person that executed the foregoing Annexation Agreement, and acknowledged to me that he/she executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first
ahove written.
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Notary Public for the State of Montana
Residing at Bozeman, Montana
My Commission Expires August 1, 2008
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SMelley Vanoa-Gallatln Co MT MISC 108.00
EXHIBIT "B"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR GRIFFIN DRIVE AND NORTH 7TH A VNUE STREET IMPROVEMENTS
The undersigned owner of real property situated in the County of Gallatin, State of Montana, and more
particularly described as follows:
A Tract of land being Lot 27 of the Gordon Mandeville State School Section subdivision
locatcd in the Northeast One-Quarter of Section 36, Township 1 South, Range 5 East, Principal
Meridian Montana, Gallatin County, State of Montana. Said Tract of land being 1.754::t acres
more or less along with and subject to any and all existing easements.
IN CONSIDERATION, of receiving approval for annexation of the subject property from the City of
Bozeman, along with the accompanying rights and privileges and for other valuable consideration, the receipt of
which is hereby acknowledged, have waived and do hereby for itself, it's successors and assigns, waive the right
to protest the creation of one or more special improvement districts for improvements, including: 1) street
improvements including but not limited to paving, curb and gutter, sidewalk, and storm water drainage
improvements for GrUfin Drive and North 1" A venue, and 2) any associated traffic signalization
improvements at the intersection of Griffin Drive and North 1" A venue, or to make any written 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. This
waiver shall be a covenant running with the land and shall not expire upon the dissolution of the company
provided however this waiver shall apply only to the lands herein described.
The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the succcssors
and assigns of the parties heret~.
;::?,
DATED this;2;L day of ~.c: -e...,..tI-..::- ,2004.
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Shelley Vance-Gallatin Cc MT MISe 108.00
LANDOWNER
~
~:JOE F. MCLEN N, Representing
VMCLENDON INVESTMENTS, L.L.c.
ST ATE OF MONT AN A )
:ss
COUNTY OF GALLA TIN )
On this d')- day of ~'b,-tA___t/Yhj)J.._' ,2004, before me, a Notary Public for the State of
Montana, personally appeared Joe McLendon, representing McLendon Investments, L.L.C., known to me to be
the person that executed the foregoing Annexation Agreement, and acknowledged to me that he/she executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first
above written.
( SEAL) CAUtl~1-(._ ~"V6/0JeL~~
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~' -:.(... , . ~ ." ..,) S' // Notary Public for the State of Montana
........., 'v.' ~ ~ /..... Residing at 'B GJ~~ n<7 .
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/111 01'" M' \\', Charlene K. Hoskins
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II/Ii III \ 1 '> ',\ \ No~ry Public for the State of Montana
ResIding a~ 8?zeman, Montana
My CommissIOn f.xpires August 1, 2008
I Sundance Business Court Annexation Agreement 15
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111111111111111111111111111111111 111111111 111111 1111111 ~~t~f~0~~P
Shelley Vanoe-Gallatin Co MT MISC 108.00
PUBLIC STREET AND UTILITY EASEMENT
GRIFFIN DRIVE
McLendon Investments, LLC, of 1000 Laurel Ranch Road, Bozeman, MT 59718, GRANTOR, in
consideration of $1,00 and other good and valuable consideration, receipt of which is hereby
acknowledged, grants to the City of Bozeman, a municipal corporation ofthe State of Montana, with
offices at 411 East Main, P,O, Box 1230, Bozeman, Montana 59771-1230, GRANTEE, a perpetual
street and utility casement for the use ofthe public, over, under, and across, a strip ofland situated in
Gallatin County, Montana, 15.00 feet wide to be located on the following described real property:
Lot 27, GORDON MANDEVILLE STATE SCHOOL SECTION SUBDNISION, according to
the plat thereof, on file and ofrccord in the Office ofthe Clerk and Recorder, Gallatin County,
Montana, and located in the SE 1/4 of Section 36, Township I South, Range 5 East ofP,M,M..
The easement is the south 15.00 feet of said Lot 27, and is more particularly shown and described on the
attached EXHIBIT A, which by this reference is made a part hereof
The GRANTOR states that it possesses the real property described above and that it has a lawful right to
grant an easement thereon.
The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy the rights and privileges
herein granted without any interruption by the GRANTOR.
The terms, covenants, and provisions of this casement shall extend to and be binding upon the heirs,
executors, administrators, personal representatives, successors, and assigns of the parties hereto.
DATED this ~YOf ~.'
::Jlf-Vt..ljf-~ ,2005,
GRAJ'Fq McLendon Inveshnents, r;'C, a Montana Limited Liability Company
,~77~
by;:-J6e F, McLendon, ~ging member
",/
ST ATE OF MONT ANA }
}ss,
County of Gallatin }
On Ibis :;15 day of , ]a r1 Uti V~'-_ ~_, 2005, before me, _111 /'VIllA el Ilisj2W
a Notary Public for the State of Mont a a, personally appeared Joe F. McLendon, known to me to be a
managing member of McLendon Investments, LLC, a Montana LjmitedLiabil ity Company, and the person
whose name is subscribed to the within instrument and acknowledged to me that he executed the same, for
and on behalf of said Limited Liability Company,
. " .
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111111111111111111111111111111111111111111111111111111I ~~t~e~0F~p
Shelley Vanoe-Gallatin Co MT MISC 108.00
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year
in this instrument first above written, \\\\\\1 \ 11111 111111
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NOTARY PUB~ FqR T' ~T~T:E QF MONTANA - -
Printed Name: /{ n.A \ ,-, II S 1 ( ~ *: S cv':"-- L : * ~
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Residing at / ~ { C.,. ~l.P' 1.,.. j .~$
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My Commission e jresJgtit~200L % '1)' . . , . " . . ~~:f
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ACCEPTED:
C~A. U,O~
CITY OF BOZEMAN
by: Chris Kuk:ulski,City Manager
ATTEST: . ",-
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Clerk of City Commission
ST ATE OF MONT ANA }
}ss,
County of Gallatin }
On this IbM day of m~ ' 2005, before me, ~~ il&.f!#~a
Notary Publie for the State of ntana, personally appeared CHRIS KUKUL and R BIN L.
SULUV AN, known to mc to be the City Manager and Clcrk ofthc City Commission for the City of
Bozcman and the persons whose namcs are subscribed to the within instrument, and acknowledged to mc
that they executcd the same for and on behalf of the City of Bozeman.
TN WITNESS WHEREOF, I have hereunto set my hand and affixed my onicial seal the day and year first
written above,
- VW.PML- t~~ (SE~9.
NOTARY PUBLIC F R THE S ATE OF MONTANA l":' ...;. I ~
Printed Name: ).t,f l--e n-€-(5v~ ;'vic;;-e~ ,,\ f' 'T .~ ~ J
Residing at ~~_.__,_ '., ..1 ., i t ~..,:.. .'
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My Commission expires 3/Z'O 200tt.2 ." ~'? 1"1, _'
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G:\c&h\04\04245\oflke\Pub1ic Street and Utility Easemcnt.wpd
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It) : EXHIBIT A
It)~:; 15' WID PUBLIC STREET AND UTILITY EASEMENT FOR GIFFIN DRIVE
:8:! ACROSS La 27, GORDON MANDEVILLE STATE SCHOOL SECTI N SUBDIVI ION
CO-~
..... ~ LOCA TED N THE SE 1/4 OF SECTION 36, T. 1 5., R. 5 . OF P.M. .,
N2ii: GALLATIN COUNTY, MONTANA
_'" 1:;
=='" u lj
=== g: E LOT 27 .h
-- -
iiiiiiiiii """~"' ~ " 76.040 SQ FT ~. '?-
= r= g- :i; 1.7456 Acres ~ ~ ~
== Or-.OLf1"b 0 t ~
-.q- ___uIt.Da... ~ Z t:.
==== ~ -, ~ 1i c ~ 0 w ZONED M-2 (COUNTY) w is ~ ~
iiiiiiiiii E 1__ ::!, {l g E ~ l.o~ (CURRENTLY VACANr EXCEPT AS SHOWN) '8 ~ w ~ S? 0. r
-.... 0 0 it .~ u... _ ~~ ~b t:3 0 N ~ ] E
_:IE: ---1 W ~ W ~ L.~ ~g 8 p ~ lob ~ I g.oI:::' LL
!!!!!!!!! 0 6 > " gZ '" ~ t;~ 0 ::!' 2- ,E 01
_ 0 N C (D 01{) r<"J t"- @...... .._J (,1 ---l 0
- 0 ""? 1"-.."-- l;>> W 1/)'--
iiiiiiiiii .s E ~ c> I"'- ~ ~,-
= .- ~ rf"J g 60 .-~ ~ L
iiiiiiiiii ~ tZ w g 6
!!!!!!!!! --'II b t"1 l...L..
_. Ot
= 0 W log
!!!!!!!!! J. ", ~ t; '!;>
_0 C">ICo om
=11: [oT""" (f)r-,.
!!!!!!!!! ~ t;g ~NEW 15,00 FOOT WIO~ PUBLIC STREET AND UTILITY EASEMENT /8 ~
iiiiiiiiii >- gZ\_,_ OB9"45'00" // '!!
- .! g \'-'_,_ ___ __~ N89"45'00"E ______ ;' ;
_ iJ) \ '
== .. - \, '" 269"45'00" ; 269"45'00"
==== ~ ',- 3.23 S89"45'00"W 60.00 S89"45'00"W _ _ _ _ _.._
,- - - 313,23 S89"45'00.W SE COR. LOT 27, GORDON
MANDEVILLE STATE SCHOOL '"
,.., S~CTION SUBDIVISION '"
w 0 POINT OF BEGINNING ~
o
~~ .. Griffin Drive tract ~ L1N~ ~ ~C..:,,3~ !:. !..... s"..., ~ ~__E,._ __ _ _, b _ __ _ __
" - - ~ - ~- - - - - -,., - - ~' ,- - - , - - --- - N LINE OF SEC, 1, T, 2 S" R. 5 E. ",8
g~ b~
08 0 ~ ~~ (()
~~ ~~.- -.t
.. .
269'08'03" ;;,:;
314,08 S89'08'D3"W _ _,- - ,.,.. -
'-COT 20 LOT 21 I I.OT ?7 . I ~
I LONED M-1 (CITY) I lONED M 1 (City) I 0 S
ZONED 82 (C1IY) I I I - '"
I I I ~::!,
r-;r McCHESNEY INDUSTRIAL PARK 9 ~
o
N
LEGAL DESCRIPTION OF PUBLIC STREET AND UTILITY EASEMENT
_.~'.~---'.'-"_.~-,.,.,,,,~'.
An easement for public street and utility purposes for Griffin Drive, over. under and acroSS the south 15,00 feet of
Lot 27. GORDON MANDEVILLE STATE SCHOOL SECTION SUBDIVISION, according to the plat thereof. on file and of record
in the office of the Clerk and Recorder. Gallotin County, Montono, Said eosement is described as follows:
Beginning at the southeast corner of soid Lot 27;
thence westerly 269' 45' DD", ossumed ozimuth from north. 253.23 feet along the south line of said Lot 27;
thence northerly ODD' 18' 28" ozimuth 15,00 feet along the west line of said Lot 27;
thence eosterly 089" 45' DO" azimuth 253,08 feet on a line parallel ond offset 15.00 feet northerly from the south line of
soid Lot 27;
thence southerly 179' 45' DO" azimuth 15.00 feet along the eost line of said Lot 27, to the point of beginning,
Area = 3.797 sq ft. 0.0872 acre or 352,8 sq meters,
Scale In Feet
60 0 60
IL_..~ "
18 0 18
Scale In Meters
CURRENT OWNER: McLENDON INVESTMENTS, LLC
DEED REF: DOC, NO, 215.361:5
Engineering and Surveying Inc,
205 Edelweiss Drive. 80zeman, Montane 59718
Phone (406) 587~ 1115 . Fax [406) 587.9768
www.chengineers.com · info@chengineers,com Sheet 1 of 1 # 0 4 245 (E)
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