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HomeMy WebLinkAbout03- Swenson Annexation Agreement , 11111111111111 "'10 1'1'111'11' 111111111111111' ~:t~1~:?~, . , PlAITED (: ~.... . ~' I Shelley VanQa-Gallatln CQ MT MISC 1(1;'2.00 SWENSON ANNEXATION AGREEMENT THIS AGREEM ENT is made and entered into this 6l dayof \)ece.W\k~_._, 20j2J 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 59771-1230, hereinafter referred to as "City", and Jerald Swenson, 6071 Jackrabbit Lane, Belgrade, Montana 59714 hereinafter refen-cd to as "Landowner". WITNESSETH: WHEREAS, the Landowner is owner in fee of a tract or certain real property, hereinafter referrcd to as the "SWENSON ANNEXATION", situated in Gallatin County, Montana, and more particularly described as follows: A tract of land being a portion of Lot 1, Minor Subdivision No. 221, and part ofRoxi Lane abandoned pcr Document No.2036150, all as filed with the Gallatin County Clerk and Recorder, located in the southwest quartcr of Section 26, Township 1 South, Range 5 East, P.M.M., Gallatin County, Montana, being more particularly described as follows: Commencing at the south quarter comer of said Section 26; Thcnce along the north-south mid-section line of said Section 26, North 00048'34" East a distance of 1061.82 feet, to the south line of said Lot 1 extended and thc Tme Point of Beginning; Thence leaving said north-south mid-section line and running along said south line, South 89044 '31" West a distance of 482.59 reet; Thence leaving said south line, North OO()48'34" Last distance of486.64 feet, to the beginning of a curve to the right; Thence northerly along said curve having a radius point bearing South 890 II '26" East a distance of450.00 feet, through a central angle of35038'52" an arc length of279.98 fcet; Thence North 36027'27" East distance of 125.52 feet, to the north line of said Lot 1; Thence along the said north line, South 53032'33" East a distancc of 399.97 feet to said north-south mid-section line; Thence along said north-south mid-section line, South 00048'34" West a distance of 608.81 feet to the Tme Point of Beginning; Said tract contains 8.06 acres, more or less, along with and subject to all easements of record or apparent on the ground. WHEREAS, the Landowner has petitioned the City for annexation ofthe contiguous tract; and I SWENSON ANN EX AI'IC)N AGREEMENT I I 1111111111111111111111111111111111111111111111111111111 ~:t~~~:??', Sh.llay VanQ.-Gallatln CQ MT MISC 102.00 WHEREAS, the SWENSON ANNEXATION is not within the corporate lirnits ofthc City or other municipality but is contiguous to the City and may therefore be anncxed 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 SWENSON ANNEXATION pursuant to Section 7-2-4301, et seq., M.C.A., will entitle the said property to City services, including municipal water and sewer service, upon their availability; and WHEREAS, M.C.A. Section 7-2-4305 provides that a municipality and landowncr can agree to the provision of services to the area to be annexed; and WHEREAS, the City's prcsent water supply is insufficient to cnable it to supply reasonably adequate water scrvice to additional custorncrs outside the prcscnt city boundaries; and WHEREAS, the Landowner wishes to convey to the City ccrtain water rights or take some equivalent action to provide water and sewer service to the SWENSON ANNEXATION; and WHEREAS, all partics recognize that the development of the SWENSON ANNEXATION will impact Valley Center Road and North 27th Avenue, and will require additional public strcct improvements for traffic circulation; and WHEREAS, the Landowner finds that this Agreement will provide for the most satisfactory and depcndable water supply or service available to furnish water and provide traffic circulation for development near and within the SWENSON ANNEXATION; and WH EREAS, thc making and performancc of this Agreemcnt is desirable to promotc the developmcnt of the most adequate watcr supply and traffic circulation pattcrn for the City as it now exists and as it is reasonably expect cd 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 I SWENSON ANNEXATION AGREEMENT 2 I 111111111111111111111111111111111111111111111111111111I ~~t~~~i?~~ Sh.llay VanQ.-Gallatln CQ MT MISC 102.00 WHEREAS, the parties have determined that it is in the best interests of the City and the Landowner, and in furtherance orthe public health, safety and wel fare of the community to enter into and implement this Agreement. IN CONSIDERATION ofthe mutual covenants and agreements herein contained, the parties hercto agree as follows: 1. Recitals The above recitals are true and correct. 2. Annexation The Landowner filed an application for annexation of the SWENSON ANNEXATION with the City. The City, on June 9, 2003, adopted a Resolution of Intent to Annex the SWENSON ANNEXA TION. By execution of this Agreement, the City has rnanifested its intention to annex the SWENSON ANNEXATION tract pursuant to the tenns and conditions orthis Agreernent. 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 SWENSON ANNEXATION to the City. Further, upon the execution ofthis Agreement, the Landowner shall do all things necessary and proper to aid and assist the City in carrying out the terms, conditions and provisions ofthis Agreement and effectuate the annexation of the SWENSON 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 SWENSON ANNEXATION, as provided in this Agreernent. 4. Municipal Water Service Defined The ternl "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 I SWENSON ANNEXATION AGREEMENT 3 I 1111'1111111111111111111111111111111111111111111111111I ~:t~~~Z:., Shalley VanQe-Gallatln CQ MT MISC 102.00 amended, as well as any other terms and conditions which apply to the City's provision ofthis service. The tenn does not contemplate the extension oflines or construction of necessary improvements at any cost to the City for delivery of water to and within the SWENSON ANNEXATION. Nothing in this Agreemcnt 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 SWENSON ANNEXATION to include, but not limited to, any impact fees, hook-up, connection, or development charges which may be established by the City. The applicant is further on notice that prior to dcvclopment the applicant will be responsiblc for installing any facilities required to provide full municipal services to the property in accordance with the City of Bozeman's infrastmcture master plans and all city policies that maybe in effect at the time of development. 5. Municipal Sewcr Service Defincd 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, Bozelnan Municipal Code, or as may be amended, as well as any other terms and conditions which apply to the City's provision ofthis service. The tenn docs 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 SWENSON ANNEXATION. Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition, engineering, constmction, and other costs for the collection of sewage services to or within the SWENSON ANNEXATION to include, but not limited to, any impact fees, hookup, connection, or development charges which may be established by the City. The applicant is further on notice that prior to development the applicant will be responsible lor installing any racilities required to provide rull municipal services to the property in accordance with the City of Bozeman's in frastructure lnaster plans and all city policies that may be in effect at the time of development. I SWENSON ANNEXATION AGREEMENT 4 I ------- -------- 6. Water Ril!hts 111111111111111111111111111111111111111 1111111111111111 g~;.~~?~, Sh.llay VanQa-Gallatln CQ MT MISC 102.00 The parties acknowledge the following City policy: Prior to annexation ojjJroperty, it shall he the policy of the City c?f Rozeman to acquire usahle water rights, or an appropriate lee in lieu thereof equal to the anticipated average annual consulnption o{vvater hy residenrs ({Iullor rrsers of the property when fiJ/(v developed. Thelee Inay he used to acquire water rights orfor inlprovements to the water !:')'stem which would create additional water supp(V capacity Except, however, that for any annexation in excess of ten (10) ae'res, this poli('y' 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 SWENSON ANNEXATION consists of approximately 8.06 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: SWENSON ANNEXATION, consisting o/a total of8.06acres, shall provide water rights or cash-in-lieu at the time the annexation agreement is submitted. The Landowner shall provide sufficient 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 ofthe zoning designation and/or City-approved development for the property at the time such calculation is made. 7. Comprehensive Water and Sewer Desil!n Report Prior to future development of the property, the Landowner shall have prepared by a Professional Engineer, at Landowner's expense, a comprehensive design report evaluating existing capacity of sewer and water utilities. The report must include hydraulic evaluations of each util ity 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 must identify necessary water system and sewer system I SWENSO~ ANNEXATION AGREI.:MENT 5 I . 1'1111'11111'1111111111'1111111'111'111111111111111111' ~J;~~r:??', . Shellay VanQe-Gallatln CQ MT MISC 102.00 improvements required for full development. The Landowner agrees to complete at Landowner's expense, the necessary system improvements to serve the full development. 8. Future Development Landowner understands and agrees that adequate municipal services and facilities arc not currently available to much of the area proposed for annexation, and that there is no right, either grantcd or implied by thc City, for the Landowncr to dcvelop any of the SWENSON ANNEXATION until it is verified by the City that neccssary municipal services and facilities, including but not limited to police and fire protection and road improvements, are available to all or a portion of the SWENSON ANNEXATION. The Landowner is hereby on notice ofthe following requirement upon development of the SWENSON ANNEXATION: a. The applicant is advised development ofthe subject annexation may not be permitted until improvements are made to Valley Center Road and N. 19th Avenue. b. Prior to any development ofthe subject annexation, a stormwater drainage and grading plan shall be provided to and approved by the City Engineer. The plan must demonstrate that adequate treatment of runoff from the public strects and all future lots will be achieved by providing spot elevations, How direction arrows, detention and/or rctention basin details (including basin sizing calculations and basin typical sections), outlet structure details, and culvcrt capacity calculations. The plan must also locate and provide easements for adequate drainage ways within the annexation area to transport trcatcd runoff to the stormwater receiving channel. c. A detailed Traffic impact Analysis Report may be required prior to future development ofthc subject annexation. d. Prior to development of the subject annexation, the applicant's engineer will be required to prepare a comprehensive design report evaluating the existing capacity of both the water and sewer utilities. The report must include hydraulic evaluations of each utility for both existing and post development demands. The rcport findings must demonstrate that adequate capacity is available to serve full development of the annexation area. e. if adequate water and/or sewer capacity is not available for the full development, the report must identify the water and sewer system improvements required to provide the necessary capacity. Any improvements necessary to serve the full development must be in place prior to furthcr development of the site. f. Prior to development thc applicant will be responsible for installing any facilities I SWENSON ANNEXATION AGREEMENT 6 I 1111111111111111111111111111111111111111111111111111111 ~f,7~~~:??" Shelley VanQe-Gallatln CQ ~T ~ISC 102.00 required to provide full municipal services to the property in accordance with the City of Bozeman 's infrastructure master plans and all city policies that may be in effect at the time of development. 9. Impact Fees The Landowners hereby acknow ledge that annexation and development oftheir property will impact the City's existing street, water and sewer infrastructure, and fire service requircments. Thcre are no existing structures on the property. At the timc 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 Landowners and their successors shall pay all Fire, Street, Water and Sewcr Impact Fees required by chapter 3.24, Bozeman Municipal Codc, or as amended, at the time of application for any pcrmit listed in Section 3.24.050A, 3.24.060A, 3.24.070A, or 3.24.080A, respectively. lethe impact fees currently imposed pursuant to Chaptcr 3.24 of the Bozeman Municipal Code are subsequently voided or declarcd 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 thc 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 cstabl ished at the date orthis 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 fecs paid prior to the court's decision shall be held in escrow until a revised Chapter ofthc Code is enacted after the Court's decision. I SWENSON ANNEXATION AGREEMENT 7 I - 111111111111111111111111111111111111111111111111111111I ~~t~~~~?~A Shelley VanQ.-Gallatln CQ MT MISC 102.00 At the time thc revised code is enacted, then all such fees held in escrow shall be released to the city and the balance, ifany, retumed 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 SWENSON ANNEXATION to municipal services which are wholly attributable to the property are "project rclated improvements" as defined in Chapter 3.24, Bozeman Municipal Code, or as amended, and as such, are not eligible for impact fee credits. If Landowners default on this condition at the time such is to be perfonned, and should default not be remedied or corrected within thirty (30) days aftcr written notice by City to Landowners of such default, City may at their option: A) Declare the amounts owing for impact fees immcdiately 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 agrccd that it shall be no defense to the cnforcement of this provision by the City that impact fees imposed pursuant to Chapter 3.24 ofthc 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 I SWENSON ANNEXATION AGREEMENT S I 1111111111111111111111111111 1111111111111111111'1'11111 ~:~~l~:??', Sh.ll.y VanQ.-Gallatln CQ MT MISC 102.00 declaration or judgment and, thcrcforc, notwithstanding any judgment either limiting impact fee payments undcr anncxation agrecrnents to specified amounts, or prohibiting any such payment, landowner will pay such amount as specified above. It. Stormwater Master Plan Landowner understands and agrees that a Stormwater Master Plan for the SWENSON ANNEXA TION for a system designcd to remove solids, oils, grease, and other pollutants from the runoff from the public streets must be provided to and approved by the City Engineer at the time of any future development. The master plan must depict the maximum sized retention/detention basin location and locate and provide easements for adequate drainage ways within the area to transport runoff to the stomlwater receiving channel(s). The plan shall include site grading and elevation infomlation, typical stormwater dctention/retention basin and dischargc structurc details, basin sizing calculations, and stormwater maintcnance plan. 12. Traffic Analysis Report Landowner may be required to provide a detailed Traffic Analysis Report(s) at the time of future development of any portion of the annexed property. 13. Waiver of Rieht-to-Protest Special Improvement Districts Landowner has executed a Waiver of Right-to-Protest Creation of Special Improvement Districts for street improvements, including paving, curb/gutter, sidewalk, and storm drainage appurtenances to Valley Center Road and North 2ill Avenue; signalization 0/ the intersection of Valley Center Road and North 27th A venue, andfor I rlmk snver Inain ilnprovcl1zents and installation ala ref?ionallifi station. Said Waivers are attachcd hcreto as Exhibits A. I SWENSON ANNEXATION AGREEMENT 9 I . 1111111111111111111111111111111111111111111111111111111 g~l:~~?, Sh.ll.y VanQ.-Gallatln CQ MT MISC 102.00 . 14. Rij!ht-of-Wav/Easement for Future Roadwavs Landowner has dedicated, by Public Street Easement, the following land to the City of Bozeman for right-of-way purposes, which rcprcscnt Landowner's proportionate share of the necessary right-or-way. Said Public Street Easernent will be filed with the Gallatin County Clcrk and Recorder at the tinle this Annexation Agreement is filed. a) l1te applicant shall grant the required additional public street and utility easements to the City of Bozeman for a 90-foot right-of-way (an additional 30 feet) for North 27th Avenue. 15. Utilitv Easements Landowner understands and agrees that utility easements, a minimum 01'30 feet in width, will be necessary for the installation and maintenance of water and sewer utility services to the annexed parce 1. The Landowner shall create such casements in locations agreeable to the City during the appropriate devclopment procedure, but in no event later than the fl] i ng of any fi nal plat or site plan or issuance or a building pennit on any of the parcels. 16. 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 within the SWENSON AN N EXA TION. The parties further agree that the City may file these documents at any time. 17. Governinj! Law and Venue This Agreement shall be constmed under and governed by the laws ofthe state of Montana. In the event of litigation concerning this Agreement, venue is in the Eighteenth Judicial District Court, Gallatin County, State of Montana. I SWENSON ANNEXATION AGREEMENT 10 I 111111111111111111111111111111111111111I1111111I111111I g~t?,?:?" 18. Attornev's Fees Shelley VanQe-Gallatln CQ MT MISC 102.00 Tn the event it becomes necessary for either party to this Agrecment to retain an attomey to enforce any ofthe terms or conditions ofthis Agreement, then the prevailing party shall bc cntitled to reasonable attomey's fees and costs, to include the salary and costs of in-house counsel including City Attorney. 19. Waiver No waiver by either party of any 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 teml, covenant or agreement. No covenant, term or agreement shall be deemed waived by either party unless waived in writing. 20. Invalid Provision The invalidity or unen[orceability of any provision of this Agreement shall not affect the other provisions hereof: and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 21. Modifications or Alterations No modification or amendment of this Agrcclncnt shall be valid unlcss cvidenced by a writing signed by the parties hereto. 22. No Assh?:nment It is expressly agreed that the Landowner shall not assign this Agrcement in whole or in part without prior written consent of the City. 23. Successors This Agrcement shall be binding upon, inure to the benefit of and be enforceable by the parties hereto and their respective heirs, successors and assigns. 24. Covenants to Run with the Land The parties intend that the terms of this Agrcclncnt shall be covenants running with the land and shall not expirc at their deaths or upon transtCr of ownership o!"thc propcrty. I SWENSON ANNEXAl'ION AGREEMENT II I 111111111111111111111111111111111111111111111111111111I ~~t~t?1Y?A Shelley VanQe-Gallatln CQ MT MISC 102.00 LANDOWNER 9/;~J <-\ ~ STATE OF MONTANA) raid Swenson :ss County of Gallatin ) On thisS I dayof(~ __ , 20E>~ before me, the undersigned, a Notary Public for the State of Montana, personally appeared J erald Swenson, known to be the persons whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAq~~ c~~_ m il.dok>-- ;J ), ,- ( rinted Name Here) L ;~, fYt ~ I - -' Notary Public for the State of Montana - .' -~ .' ,---.. ---, Residing a~~f"\, Montana .~-~ ; ,- - , My Commission Expires {lI4~ ,\,,- . , I "~ d I SWENSON ANNEXATION AGREEMENT 12 I . 111111111111111111111111111111111111111111111111111111I ~~t~t~1Y~A Shelley VanQe-Gallatln CQ MT MISe 102.00 Manager ATTEST: _~~J/;~, Robin L. Sullivan, Clerk of the City Commission ST A TE OF MONT ANA) :ss COllnty of Gallatin ) On the !1LI(:~. day of Avl~tLYI- , 20~, before me, a Notary Public for the State of Montana, personally appeared RON REY AND ROBIN L. SULLIVAN, known to me to be the City Manager and Clerk ofthc City Commission respectively, ofthe 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 seal on the day and year first written above. (Seal) \Lu (YVlQ rtf/Q II.. itr-z- Notary Public . . the Stat of Montana Residing at Bozeman, Montana My Commission Expires: :3 / z<) h-t)d? , I SWENSON ANNEXATION AGRn:MENT 13 I . EXHIBIT A WAIVER OF RIGHT TO PROTEST ,..... a: '" CREA TION OF SPECIAL IMPROVEMENT DISTRICTS ,..... ~ oS; No: SWENSON ANNEXATION .... ... 3 U)~~ --I"- The undersigned owners of the real property situated in the County of Gallatin, State of .... . N ...... N"lD D.S _S _s Montana, and more particularly described as follows: - -N =GI -~ - --- A tract orland being a portion of Lot I, Minor Suhdivision No. 221, and part of Roxi Lane abandoned --- - =0 per Document No.2036150, all as filed with the Gallatin County Clerk and Recorder, locatcd in thc -en -.... === lE southwest quarter of Section 26, Township I South, Range 5 East, P.M.M., Gallatin County, Montana, =l- _Ii: - being more particularly described as follows: =0 ___0 Commencing at the south quarter comer of said Section 26; _c =- -~ Thence along the north-south mid-section line of said Section 26, North 00048' 34" East a distance of =" -- _... -" I 061.82 feet, to the south line of said Lot 1 extended and the True Point of Beginning; =0 -. -. Thence leaving said north-south mid-section line and running along said south line, South 89044' 31" _0 =c -" West a distance of 482.59 feet; -> --- ,. -. Thence leaving said south line, North 00048'34" East distance of 486.64 feet, to the begimling of a =- ---. curve to the right; ~.t:: _Ul Thence northerly along said curve having a radius point bearing South 89011 '26" East a distance of 450.00 feet, through a central angle of35038'52" an arc length of279.98 feet; Thence North 36027'27" East distance of 125.52 feet, to the north line of said Lot 1; Thence along the said north line, South 53032'33" East a distance of399.97 feet to said north~south mid-section line; Thence along said north-south mid-section line, South 00048'34" West a distancc of608.81 feet to the True Point of Beginning; Said tract contains g.06 acres, more or less, along with and subjcct to all easements of record or apparent on the ground. IN CONSIDERATION ofreceiving approval for annexation of the subject property Irom the City of Bozeman, along with accompanying rights and privileges and for othcr and valuable consideration, the receipt of which is hereby acknowledged, and in recognition ofthe impact to Valley Center Road and North 27th Avenue as well as the potential impacts to the sewer infrastructure that will provide service to the property, which will be caused by the development of the above- described property, the owner has waived and do hereby waive for itself, its successors and assigns, the right to protest the creation of one or more special improvement districts for paving. curb, gutter, sidewalk. and drainage improvements to Valley Center Road and North 21" Avenue; for signalization of the intersection of Valley Cellter Road and North 27th Avenue; and any trunk sewer main improvements and for the installation ofa regionallifl statioll to service the property or I SWENSON ANNEXATION AGRI.:EMENT 14 I . \ . . . I I to make any written protest against the size or area or creation ofthe district be assessed in response to a duly passed resolution of intention to ereate 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 limited partnership, provided however this waiver shall apply to the lands herein described. The tenns, covenants and provisions of the Waiver shall extend to, and be binding upon the suecessors-in-interest and assigns ofthe parties hereto. DA TED this (~, day of J:\o~ , , 20L.;. '" LANDOWNER ~ ST A TE OF MONT ANA) :ss County of Gallatin ) On this <: -5, I day of c.~4' _ , 20 c~ ~ before me, the undersigned, a Notary Public for the State of Montana, personally appeared J erald Swenson, known to be the persons whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) (~: &1), iY/ .n-d2~~~ (Pnnted Name Here) L " ,I);-~~b /V7. !lej.::c,Vj Notary Public for the State of Montana Residing at"i1..,::t,:,,.....,.UY\:::7 (I, Montana ,., My Commission Expires { 1/6-., 1.,Yx3!:': { I 111111111111111111111111111111111111111111111111111111I ~~t~~?1~~A Shalley VanQe-Gallatln CQ MT MISC 102.00 I SWENSON ANNEXATION AGREEMENT 15 I . 111111111111 11111 1111 1111111111'11 11111 111111111 11"11' g~:~~~~?, . Shelley VanQe-Gallatln CQ MT MISC 102.00 Montana Department of Transportation I J t?:ffe c 'f M. f5>~/l" of the State of Montana Department of Transportation, administrative head or owner, and holder of beneficial interest in the street rights of way described on Exhibit A attaehed hereto and made part hereof, do hereby acknowledge and agree to the annexation of these street rights of way by the City of Bozeman. Dated this f ~Ii day of j\4t.1 ,200..L By: t4~~ Title: lSl11TC Df5,7lllCf A/)"'t~IS7(l",Ott. W:\ADM IN\A DM IN\DISTRICT _LETTERS\citics~towns-counties\CITY..BOZEMAN\Annexatjon _AgrecmenC North _ 19th . . . 11111"11"1"'11"111"1"111111111111111'1'1111111111 ~J; ~l~ E, SMelley VanQe-Gallatln CQ MT MISC 102.00 . Exhibit A A portion of the East Valley Center Road located in the southwest quarter of Section 26, Township 1 South, Range 5 East, P.M.M., Gallatin County, Montana, being more particularly described as follows: Commencing at the south quarter comer of said Section 26; Thence along the north-south mid-~section line of said Section 26, N 00048'34" E a distance of 1670.63 feet more or less, to the south Right of Way line of East Valley Center Rood and the True Point of Beginning; Thenee leaving said north-south mid--section line and running along said south Right of Way, N 53032'33" E a distance of399.97 feet; Thence leaving said south Right of Way, N 36027'27" E a distance of 150.00 feet more or less, to an intersection with the centerline of East Valley Center Road; Thence along said north Right of Way S 53032'33" E a distance of753.78 feet more or less, to the intersection with the existing City of Bozeman Boundary line as per Doc. #2071419. Thence along said line through the following courses: Thence S 44018'10" a distance of35.11 feet more or less; Thence N 71 048'40" W a distanee of 367.54 feet more or less to the True Point of Beginning. Said tract contains 2.12 acres, more or less, along with and subject to all easements of record or apparent on the ground.