HomeMy WebLinkAbout95- Sundance Springs Annexation Agreement
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SUNDANCE SPRINGS ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this 20th day of November ,1995,
by and between the CITY OF BOZEMAN, a municipal corporation and political subdivision of the
State of Montana with offiees at 411 East Main Street, Bozeman, Montana 59771-0640, hereinafter
referred to as "City" and SOURDOUGH CREEK PROPERTIES, P.O. Box 1645, Great Falls, MT.
59403, hereinafter referred to as "Landowner".
WHEREAS, Landowner, is owner in fee of a traet of certain real property, hereinafter
referred to as the "Sundance Springs Annexation" situated in Gallatin County, Montana, and more
particularly described as follows:
A tract ofland containing 147.23 acres, being Certificate of Survey No.1735, situated in the
northeast one-quarter of Section 25, T2S, R5E, and the northwest one-quarter of Section
30, T2S, R6E, P.M.M., Gallatin County, Montana.
WHEREAS, the Landowner has petitioned thc City for annexation of the contiguous tract;
and
WHEREAS, all parties recognize that the annexation of the Sundance Springs Annexation,
et seq., M.C.A., will entitle the said tract to available City services, including municipal water and
sewer service; and
WHEREAS, the City's present water supply is insufficient to enable it to supply reasonably
adequate water service to additional customers outside the prcsent city boundaries; and
WHEREAS, all parties recognize that the developmcnt of the Sundance Springs Annexation
will impact Goldenstein Lane, South Third Avenue and Sourdough Road, and will requirc 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 Springs Annexation; and
WHEREAS, the Landowner finds that this agrcement will provide for the most satisfactory
and dependable water supply or service available to furnish water and provide traffic cireulation for
dcvelopment within the Sundancc Springs Annexation; and
WHEREAS, the making and performanee 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
exists and as it is reasonably expected to expand; and
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. fiLM 179 PACE 807
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SUNDANCE SPRINGS ANNEXA nON AGREEMENT
PAGE TWO OF SEVEN
WHEREAS, the securing of an adequate water supply and traffic system by the City is
neeessary and of mutual advantage to the parties hereto.
WIT NE SET H:
IN CONSIDERATION of the mutual covenants and agreemcnts herein contained, the parties
hereto agree as follows:
1. Recitals.
The above recitals are true and correct.
2. Annexation.
The City Commission will annex the Sundance Springs Annexation in accordance with its
decision on April 11, 1994, and January 17, 1995..
3. Services Provided.
The City will, upon annexation, make currently and existing City services available to the
Sundanee Springs Annexation.
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, 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 Sundance Springs Anncxation. This Agreement does not
relieve the Landowner of any impact fees, hook-up, connection, or development charges which have
been or may be established by the City.
5. Municipal Sewer Service Defined.
The term "municipal sewer service" as is used in this agreement shall be the service which is
supplied by the City in accordance with Chapter 13.24, Bozeman Municipal Code, 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 eost to the City
for collection of sewage at and within the Sundanee Springs Annexation. This Agreement does not
relieve the Landowner of any impact fees, hookup, connection, or development eharges which have
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~ fILM 179 rACE 808
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SUNDANCE SPRINGS ANNEXATION AGREEMENT
P AGE THREE OF SEVEN
been or may be established by the City.
6. Water Rights.
The parties acknowledgc the following City policy:
Prior to annexation of property, it shall be thc policy ofthe City of Bozeman to acquire usablc
water rights, or an appropriate fee in lieu thereof, equal to the anticipated average annual
consumption of water by residents and/or users ofthe property whcn 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 anncxation 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 2716 adoptcd
October 3, 1988
The Sundance Springs Anncxation consists ofapproximatcly 147.23 acres.
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 Springs Annexation, consisting of a total of 147.23 acrcs, prior to filing of
any final subdivision plat, fmal site plan approval or the issuance of any building
permit, whichcver oecurs fIrst.
The Landowner shall supply such water rights or fee in lieu as calculated by the City in
accordance with its policy at the time of calculation. The Landowner further undcrstands that thc
City has calculated the average annual diversion requircment necessary to provide water on thc basis
of the zoning designation for the propcrty at the time such calculation is made. The amount of
average annual diversion necessary to provide water bascd on potential development of the property
is calculated to be one hundred (l00) acre-feet. The cash in lieu ofthis amount equals Thirty-Five
Thousand Eight Hundred Two Dollars and Eighty-Two Cents ($35,802.82) and shall be paid by the
Landowner prior to Final Subdivision Plat approval.
The Landowner agrees to provide sufficient water rights or full payment of the calculated
amount of fee in-lieu of water rights prior to filing of any Final Subdivision Plat, Final Site Plan
approval or the issuancc of any building pcrmit, whichever occurs first.
7. Waiver of Ri~ht-to-Protest Special Improvement Districts for South Third Avenue..
In recognition of the impact to South Third A venue which will be caused by the development
ofthe above-described property, Landowner has exceuted a Waiver of Right-to-Protest Creation of
Speeial Improvement Districts for improvements to South Third A vcnue. This waiver is attached
hereto as Exhibit "A".
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filM 179 PACE 8Q9
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SUNDANCE SPRINGS ANNEXATION AGREEMENT
P AGE FOUR OF SEVEN
8. Waiver of Right-to-Protest Special Improvement Districts to Realit:n the Intersection of
South Third Avenue and Goldenstein Lane.
In recognition of thc impact to South Third Avenue and Goldenstein Lane, which will be
caused by the development of the above-described property, Landowner has executed a Waiver of
Right-to-Protest Creation of Special Improvement District for improvements to realign the
intersection of South Third Avenue and Goldenstein Lane. This waiver is attached hereto as Exhibit
"B".
9. Waiver of Right-to-Protest Special Improvement Districts for Sit:nalization at the
Intersection of Ka2.}' Boulevard and South Third A venue.
In reeognition of the impact to Kagy Boulevard and South Third A venue, which will be
caused by the development of the above-described property, Landowner has executed a Waiver of
Right-to-Protest Creation of Special Improvement Districts for signalization improvements at the
intersection ofKagy Boulevard and South Third Avenue. This waiver is attached hereto as Exhibit
tiC".
10. Waiver of Ril:ht-to-Protest Special Improvement Districts for Sourdoul:h Road.
In recognition of the impact to Sourdough Road which will be caused by the development of
the above-described property, Landowner has executed a Waiver of Right-to-Protest Creation of
Special hnprovement Districts for improvements to Sourdough Road. This waiver is attached hereto
as Exhibit "D".
11. Additional Terms of Waivers.
All parties recognize that these documents shall be filed by the applicant and be of record with
the Gallatin County Clerk and Recorder prior to the sale of any land within the Sundance Springs
Annexation by the Landowner. The parties further agree that the City may file these documents at
any time.
12. Utility Easements.
The Landowner understands and agrees that utility easements, a minimum of thirty (30) feet
in width, will be necessary for the installation and maintenance of water and sewer utility serviees to
the annexed parcel. The Landowner shall create sueh easements in IDeations agreeable to the City
during the subdivision procedure or planned unit development procedure but in no event later than
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FILM 179PACf 810
SUNDANCE SPRINGS ANNEXATION AGREEMENT
P AGE FIVE OF SEVEN
the filing of any fmal plat or site plan or issuance of a building permit on any of the parcels.
The Landowner further understands and agrees that adequate easements, being one hundred
(100) feet of total cventual right -of-way widths for the realignmcnt of the intersection of South 3rd
A venue and Goldenstein Lane shall be granted to the City prior to signing of this Agreement. This
easement(s) is attached hereto as Exhibit "F"
13. South Third/Graf Street/Wa20n Wheel Road Intersections.
The Landowner acknowledges and agrecs that the vehicular traffic generated from
development of this property will utilize the intersections of South Third A venue with Graf Street and
Wagonwheel Road. The City hereby acknowledges payment of a one lump-sum paymcnt prior to
signing of this Agreement based on a prorata share of the project costs associated with thc
modifications to said intersections previously eompleted by the City. The prorate share is equal to
Two Thousand Four Hundred Dollars And No Ccnts ($2,400.00) for all land annexed in accordance
with this agreement, being a total of 147.23 acres.
14. Sanitary Sewer Capacity.
The Landowner acknowledges and agrces that the development of this property will utilizc
existing sanitary sewer mains owncd and operated by the City of Bozcman, and agrees to eorrect any
sanitary sewer capacity problems identificd by the City of Bozeman Engineering Departmcnt as being
caused by development of said property. Corrections to the sanitary sewer capacity shall be
completed prior to Final Subdivision Plat approval.
15. Environmental Constraints.
The landowner acknowledges and agrees that development constraints exist on said property
due to the presence of sensitive environmental conditions, including but not limited to groundwater,
surface water resourccs, floodplain, wildlife and wildlifc habitat. The attached Exhibit "E" pertaining
to these environmental concC111S shall be exccuted and filed at the Gallatin County Clerk & Recorder's
Office.
16. Governing Law.
This agreement shall be construed aeeording to the laws of the State of Montana. In the event
of liquidation, venue is in the Eighteenth ludieial District, in and for County of Gallatin, State of
Montana.
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FILM 179 PACE 811
SUNDANCE SPRINGS ANNEXATION AGREEMENT
PAGE SIX OF SEVEN
17. Invalid Provision.
Thc invalidity or unenforceability of any provision of this agreement shall not affcct the other
provisions hereof, and this agreement shall be eonstrued in all respects as if sueh invalid or
unenforceable provision were omittcd.
18. Modifications or Alterations.
No modification or amendment oftms agreement shall be valid unless evideneed by a writing
signed by the parties hereto.
19. No Assi2nment.
It is expressly agreed that the Landowner shall not assign this agreement in wholc or in part
without prior written consent of the City.
20. Successors.
This agreement shall be binding upon, inure to the benefit of and be enforceable by the parties
hereto and their rcspective 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 dcaths 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.
CITY OF BOZEMAN
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JAME E. WYSOCKI
Its City Manager
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fiLM 179 PACE 812
SUNDANCE SPRINGS ANNEXATION AGREEMENT
PAGE SEVEN OF SEVEN
LANDOWNER
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JA ET S. CONNOLL Y, P
UR DOUGH CREEK
STATE OF MONTANA )
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COUNTY OF r:( ,(M /,-
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On thisl t. ~day of , 1995, before me, a Notary Public for the State of
Montana, personally appeared Ja t S. Connolly, President, Sour Dough Creek Properties, known
to me to the person whose name is subscribed to the within instrument and acknowledged to me that
she executed the same.
TN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
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Notary Public for~
Montana. '[ I
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filM 179 PACE 813
EXHIBIT" A"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR PAVEMENT, CURB, GUTTER, SIDEWALK, AND DRAINAGE
TO SOUTH THIRD A VENUE
We, the undersigned owners of real property situated in the County of Gallatin, State of
Montana, and more particularly deseribed as follows:
A tract ofland containing 147.23 acres, being Certificate of Survey No.1735,
situated in the northeast one-quarter of Section 25, T2S, R5E, and the northwest
one-quarter of Section 30, T2S, R6E, P.M.M., Gallatin County, Montana.
IN CONSIDERATION, ofreceiving annexation approval from the City of Bozcman,
along with the aeeompanying rights and privileges and for other valuable consideration, the
receipt of which is hereby acknowledged, have waived and do hereby for ourselfs, our heirs,
executors, administrators, personal representatives, successors and assigns, waive the right to
protest the creation of onc or more special improvement districts for curb, gutter, sidewalk,
pavement, and drainage to South Third A venue to City street standards or to make any written
protest against the size or area or creation of the district to be asscssed 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 at our death,
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
heirs, executors, administrators, personal representatives, successors and assigns of the parties
hereto.
DATEDthiS&daYOfk,1995.
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filM 179PACf 814
Sundance Springs Annexation Agreement - Exhibit "A"
Waiver of Right-to-Protest Creation ofS.l.D.
South Third A venue
Page Two of Two
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!ANET S. CONNOLLY", ESIDENT
. SOUR DOUGH CREEK'PROPERTIES
STATE OF MONTANA)
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COUNTY OF €-AS€-ABE ~ .. ~:... .... ~
On this / ~ ~day of 1995, before me, a Notary Pubic for the State of
Montana, personally appeare Janet S. Connolly, President, Sour Dough Creek Properties, known
to me to be the person whose mime is subscribed to the within instrument and aeknowledgcd to
me that 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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Notary Public f~State ~
Montana. 't: /
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, fiLM 179 PACE 815
EXHIBIT "B"
WAIVER OF RlGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
TO REALIGN THE INTERSECTION OF
SOUTH THIRD A VENUE AND GOLDENSTEIN LANE
We, the undersigned owners of real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
A traet ofland containing 147.23 acres, being Certificate of Survey No.1735,
situated in the northeast one-quarter of Section 25, T2S, R5E, and the northwest
one-quarter of Section 30, T2S, R6E, P.M.M., Gallatin County, Montana.
IN CONSIDERATION, ofreeeiving annexation approval 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 ourselfs, our heirs,
executors, administrators, personal representatives, successors and assigns, waive the right to
protest the ereation of one or more special improvement districts for the realignment of the
intersection of South Third A venue and Goldenstein Lane or to make any written protest against
the sizc 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 whieh would include thc above-
described property.
This waiver shall be a covenant running with the land and shall not expire at our death,
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
heirs, executors, administrators, personal representatives, successors and assigns of the parties
hereto.
DATED this&day of .If!;;//., 1995.
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, FILM 179 P^CE 816
Sundance Springs Annexation Agreement - Exhibit liB"
Waiver of Right-to-Protest Creation of S.I.D.
Realignment Intersection of South Third A venue and Goldenstein Lane
Page Two of Two
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TANET S. CONNOLLY, P. SIDENT
// SOUR DOUGH CREEK ROPERTIES
STATE OF MONTANA )
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COUNTY OF- CASCADE :)~.~/~~'t~) r' C/~/ !.;.....
On this I t~ day of 1995, before me, a Notary Pubie for the State of
Montana, personally appeare Janet S. Connolly, President, Sour Dough Creek Properties, known
to me to be the person whose name is subscribed to the within instrument and acknowledged to
me that she executed the same.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my offIcial seal the day
and year first above written.
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Notary Public for the State of
Montana. C ~
Residing:, "
Commission Expires: Lf --T - '7 'T
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FILM 179 FACE 817
EXHIBIT "e"
WAIVER OF RIGHT TO PROTEST
CREA nON OF SPECIAL IMPROVEMENT DISTRICTS
FOR SIGNALIZATION AT THE INTERSECTION OF
KAGY BOULEVARD AND SOUTH THIRD A VENUE
Wc, the undersigned owners ofrcal property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
A tract ofland containing 147.23 acres, being Certificate of Survey No.1735, situated in
thc northeast one-quarter of Scction 25, T2S, R5E, and the northwest one-quarter of
Section 30, T2S, R6E, P.M.M., Gallatin County, Montana.
IN CONSIDERATION, ofrecciving annexation approval from the City of Bozeman,
along with the aceompanying rights and privileges and for other valuable consideration, the
receipt of which is hcreby acknowledged, havc waived and do hereby for ourselfs, our heirs,
executors, administrators, personal representatives, successors and assigns, waive the right to
protest the ereation of one or more special improvemcnt districts for signalization improvements
at the intersection of Kagy Boulevard and South Third A venue or to make any written protest
against the size or arca or ereation 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
thc above-described property.
This waiver shall be a covenant running with the land and shall not expire at our death,
providcd however this waiver shall apply only to the lands herein described.
The tcrms, covenants and provisions of the Waivcr shall extend to, and be binding upon thc
heirs, executors, administrators, personal reprcsentatives, succcssors and assigns of thc parties
hereto.
DATEDthi~YOf Ak)?/., 1995.
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Sundance Springs Annexation Agreement - Exhibit "C" fILM 179 PAct 818
Waiver of Right-to-Protest Creation ofS.I.D.
Signalization at Kagy Boulevard and South Third Avenue
Page Two of Two
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.0NET S. CONNOLLY, p. SIDENT
/ SOUR DOUGH CREEK P OPERTlES
STATE OF MONTANA )
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COUNTY OF€ASeADE ),t,('.?;'1 C( (~2'! i
On this I a ~ay of 1995, before me, a Notary Pubie for the State of
Montana, pcrsonally appeared net S. Connolly, Prcsidcnt, Sour Dough Creek Propcrties, known
to mc to be the person whose name is subscribed to the within instrument and acknowledged to
me that she executcd 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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Notary Public for &::.:
Montana. ~
Residing: -
Commission Expires: 'f-/ -r,'T
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fILM 179 PACE 819
EXHIBIT" 0"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
FOR PAVEMENT, CURB, GUTTER, SIDEWALK, AND DRAINAGE
TO SOURDOUGH ROAD
We, the undersigned owners of real propcrty situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
A traet ofland containing 147.23 aeres, being Certificate of Survey No.1735,
situated in the northeast one-quarter of Section 25, T2S, R5E, and the northwest
one-quarter of Section 30, 1'2S, R6E, P.M.M., Gallatin County, Montana.
IN CONSIDERATION, of receiving annexation approval 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 wai ved and do hereby for ourselfs, our heirs,
executors, administrators, personal representativcs, successors and assigns, waive the right to
protest the creation of one or more special improvement districts for curb, gutter, sidewalk,
pavement, and drainage to Sourdough Road to City street standards 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 at our death,
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
heirs, executors, administrators, personal representatives, suceessors and assigns of the parties
hereto.
DATEDthi~~dayof /I~)?/. ,1995.
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Sundance Springs Anncxation Agreement - Exhibit "D" FILM 179 PACE 820
Waivcr of Right-to-Protest Creation ofS.l.D.
Sourdough Road
pagc Two of Two
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/)ANET S. CONNOLL Y, ~SIDENT
/1 SOUR DOUGH CREEK ROPERTIES
ST A TE OF MONT ANA )
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COUNTY OF CASCAD~ r~,~<'/(1<:~J '1 (<d-:L
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On this / Ie, - day of 1995, before me, a Notary Pubic for the State of
Montana, personally appeare anet S. Connolly, President, Sour Dough Creek Properties, known
to me to be the person whose name is subscribed to the within instrument and acknowledged to
me that shc executed the same.
TN WITNESS WHEREOF, I have hereunto set my hand and affixed my official scal the day
and year first above written.
10 'f flY1 ~
Notary Public for the SUl~
Mo~t~na. C ~ ~
Resldmg: .
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fiLM 179 PACE 821
EXHIBIT "E"
ACKNOWLEDGEMENT OF ENVIRONMENTAL CONSTRAINTS
W c, the undersigned owners of rcal propcrty situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
A tract ofland containing 147.23 acres, bcing Certificate of Survey No.1735, situated
in the northeast one-quarter of Section 25, T2S, R5E, and the northwest one-quarter
ofScction 30, T2S, R6E, P.M.M., Gallatin County, Montana.
IN CONSIDERATION, of receiving annexation approval from the City of Bozeman, along
with the accompanying rights and privileges and for other valuable consideration, the receipt of which
is hereby acknowledged, and in recognition of the potential impact to the environment, acknowledges
and agrees that development constraints exist on said propcrty due to the presence of sensitive
environmental conditions, including but not limited to groundwater, surface water resources,
floodplain, wildlife and wildlife habitat.
DA TED this,,&daY of ..A~?J. ,1995.
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JANET S. CONNOLLY, P SIDENT
/SOUR DOUGH CREEK PROPERTIES
STATE OF MONT ANA )
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COUNTY OF--eASCADE)4/~:::j) Y(~l:-.:::L
On this I i-J day 0& 1995, before me, a Notary Pubic for the State of Montana,
personally appeared Janet S. onnolly, President, Sour Dough Creek Properties, known to me to be
the person whose name is subscribed to the within instrument and acknowledged to me that 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.
L yo;:~
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Notary Public for the State 0
Montana. ~~
Residing: . ....
Commission Expires;y - / - 1"T
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. filM 179 PACE 822
EXHIBIT F
PUBLIC STREET AND UTILITY EASEMENT
Sour Dough Creek Properties, of Great Falls, Montana, the GRANTOR(S), in
consideration of One Dollar ($1.00) and other good and valuable consideration, receipt of
which is acknowledged, grant(s) to the City of Bozeman, a municipal corporation of the State
of Montana, 411 East Main, Bozeman, MT 59771-0640, GRANTEE, a perpetual street and
utility easement for the use of the public, in through and across a strip of land situated in
Gallatin County, Montana, of variable width, described as follows:
See Attached Exhibits F~ 1 and F-2
The GRANTOR states that they possess the real property described above and that
they have 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, eovenants and provisions of this easement and agreement shall extend to
and be binding upon the heirs, executors, administrators, personal representatives, successors
and assigns of the parties hereto. ~~/
DATED this ./.;?tt day of , 1995.
:l!?:d ~4
Ja~~~~~nnOllY, President
Sour Dough Creek Properties
STATE OF MONTANA )
: ss.
GALLATIN COUNTY )
On this ~ day of IJv-emlk( , 1995: before me, a Notary Public in and for
the State of Montana, personally appeared -J' a(j() , known to me to
be the person whose name is subscribed to within this instrument a d acknowledged to me
that he did execute the same.
In witness whereof, I have hereunto set my hand and affixed my official seal the day
and year first above written.
/7)~/1}./~'
NOTARY P ~ FOR THE STATE OF MONTANA
Residing at L-t-- \.4(\YlrJ-
My Commission expires f() 1'- rt7
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filM 179 PACE 823
ACCEPTED:
CIL') BOZEMA~/i. . '. ,f
By.' .L,.~ , ~, ~k1l.
Jam s E, Wysocki
City Manager
~.T ST: J~
.,~~~ ~
Clerk of the City Commission
STATE OF MONTANA)
: ss,
Gallatin County )
Vt; ~),
On thisd'J day of //-ilf.'//-h.'( , 19;t(before me, a Notary Public for
the State of Montana, personally appeared James E. Wysocki and Robin L. Sullivan, known
to me to be the City Manager and Clerk of the City Commission known to me to be the
persons whose names are subscribed to the foregoing instrument and acknowledged to me
that they executed the same.
In itness whereof, I have hereunto set my hand and affixed my seal on the day and
year first ritten above,
;,':1:, (~~L~(~
,;~l\',:; . ,,', / Y,P B~.~ FOR THE STATE OF MONTANA
.; ", " - -..Re#'idtni"?lt V~;/fi-/i.,J
.' .e' n ~
.:; : ~tl\;ly. .comlp-lisi .' expires ,;: . Al<jj/
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. fILM 179 PACE 824
, . EXHIBIT F-1
DESCRIPTION
A tract of land located in the Northeast quarter, Section 25,
Township 2 South, Range 5 East, Principal Meridian Montana,
Gallatin County, Montana, and being more particularly described as
follows:
Beginning at the intersection of South Third Avenue and the
Northwest corner of Certificate of Survey No. 1735; thence North
89049'42" East, along the southerly property line of Minor
Subdivision No. 35-A, a distance of 12.98 feet; thence along a non-
tangent curve (#1) to the right, having a radial bearing of South
79047'15" East, a central angle of 12059'01", a radius of 1535.15
feet, and an arc distance of 347.88 feet; thence South 27058'38"
West, a distance of 243.92 feet; thence along a curve (#2) to the
left having a central angle of 28034'27", a radius of 627.08 feet,
and an arc distance of 312.73 feet; thence South 00035'48" East, a
distance of 99.97 feet to the quarter section line of section 25,
Township 2 South, Range 5 East, Principal Meridian Montana; thence
South 89024'12" West, along said quarter section line, a distance
of 155.95 feet, to the Northeast corner of South Third Avenue and
Goldenstein Lane; thence North 27058'38" East along the easterly
Right-of-Way of South Third Avenue, a distance of 705.69 feet;
thence along a non-tangent curve (#3) to the left, having a radial
bearing of North 66049'26" West, a central angle of 12052'32", a
radius of 1522.39, and an arc distance of 342.11 feet, to the TRUE
POINT OF BEGINNING, and containing 33,815.11 square feet.
". ... filM 179 PACE 825
"
..
,
..
EXHIBIT F-2
.
POINT OF MINOR SUBDIVISION
BEGINNING NO. 35A
~
. -.. 9.47 '58"t NS9' 49' 42" E 12.98'
CURVE #3 ~
6=12"52'32"
R= 1522,39' . - g' 47' 75" f
fr./) L~342. 11 '
T~171.78' CURVE #1
' ""-
~ lYe s. 6= 12"59'01"
49'2 R=1535.15'
e~w L~347,88'
T=174.69'
fr./) C.O,S. 1735
8- ' ""-
~ ~ Nee.
c,~~ ~ 18'
~~~ ~/ S2T58'3S"W 243.92' 71"Jr
~t;i!:j; ~. I
0tJ'.~if () /
I\, /
0:.s: tt0 CURVE #2
"X"
.~ 6=28.34'27"
I R=627.0S'
~ L:;:::312.73'
1\
~ T:;:::159.69' ~
WC @ 34.16' SOO.35'48" E 99.97'
1596.55
S89"24'12"W 155.95'
't GOLDENSTEIN LANE E 1/4
SEC, 25
LEGEND FOUND
NAIL IN
PROPERTY LINE PAVEMENT
~~~...............~.........._--_............. EASEMENT LINE
~ PROPOSED PUBLIC STREET
AND UTILITY EASEMENT 0 200' 400'
. FOUND PIN I I I I I I
R.B. RADIAL BEARING seA L E
.~.~
TIIIS INSTltU!\lENT WAS fILED fem RECORD IN TIllS OfFICE ON
THE 24th DA Y OF November ,A.D"ln97
OffICE Of COUNTY RECORDIm )
C~OUNTY OF CA LLA TIN ) AT 4:i1 pM., AND WAS DULY HECO)UHm IN BOO/( 179
~--,-
STATE OF MONTANA ) Of Miscellaneous RECORDS, PAnE _ 806
fee$ 120.00 d Celie!} <11 Q.nlfff RECORDER, BY J~ C:. fy~ DEPUTY
RT: City of Bozeman PG Hox 640 .
Att: Robin Sullivan Bozeman, --MT 59771-0640
-.'.,.- .'._~. ~- ~ --- -