HomeMy WebLinkAbout98- Tablerock Ventures, Inc. Annexation Agreement
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filM 186P^CE4595
TABLEROCK VENTURES. INC.
ANNEXATION AGREEMENT
THIS AGREEMENT is made and entered into this :30 dayof ~tJ ,
1998, by and between the CITY OF BOZEMAN, a municipal corporation and political
subdivision of the State of Montana, with offices at 411 East Main Street, Bozeman,
Montana 59771-0640, hereinafter referred to as "City", and the following property
owner, herein after referred to as "Landowners": Tablerock Ventures, Inc., a
corporation, 1368 Hartman Drive, Boise Idaho 83704 and Fund of Funds, a
corporation, 1368 Hartman Drive, Boise Idaho 83704.
WITNESSETH:
WHEREAS, Landowners are owners in fee of certain tracts of real property,
hereinafter referred to as the "Tablerock Ventures, Inc., Annexation Tract", situated
in Gallatin County, Montana, and more particularly described as follows:
Certificate of Survey No. 1988 containing 89.530 acres, located in the
Northeast and Southeast Quarter of Section 36, Township One South,
Range Five East, PMM, Gallatin County, Montana; and
WHEREAS, the Landowners have petitioned the City for annexation of the
contiguous Tract; and
WHEREAS, the Tablerock Venture, Inc., Annexation Tract is not within the
corporate limits of the City or other municipality and the Landowners assert through
petition that the property is not restricted from annexation under Section 7~2-4608,
M.C.A., and may therefore be annexed to the City in accordance with the provision
of this Agreement and M.C.A. Title 7, Chapter 2, Part 46; and
WHEREAS, all parties recognize that the annexation of The Tablerock Ventures,
Inc., Annexation Tract pursuant to Section 7-2-4601, et seq., M.C.A., will entitle the
said Tract to City services, including municipal water and sewer ser-fice, upon their
availability; and
WHEREAS, Section 7-2-4610, M.C.A., provides that a municipality and
landowners can agree to the provision of services to the area to be annexed; and
TABLEROCK VENTURES, INC. ANNEXA TlON AGREEMENT PA GE 1
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filM 186 PACf 4596
WHEREAS, the City's present water distribution and sewer collection systems
are insufficient to enable it to supply reasonably adequate water and sewer service
to the subject properties; and
WHEREAS, the Landowners wish to convey to the City certain water rights or
take some equivalent action to provide water and sewer service to The Tablerock
Ventures, Inc., Annexation Tract; and
WHEREAS, the Landowners find that this Agreement will provide for the most
satisfactory and dependable water and sewer supply or service available to furnish
water and sanitary sewer services and provide traffic circulation for development near
and within The Tablerock Ventures, Inc., Annexation Tract; and
WHEREAS, all parties recognize that the development of The Tablerock
Ventures, Inc., Annexation Tract will impact Manley Road and Griffin Drive, and will
require additional pUblic street improvements for traffic circulation; and
WHEREAS, the making and performance of this Agreement is desirable to
promote the development of the most adequate water and sewer supply 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 and sewer supply and traffic
system by the City is necessary and of mutual advantage to the parties hereto; and
WHEREAS, the parties have determined that it is in the best interests of the
City and the Landowners, and in furtherance of the public health, safety and welfare
of the community to enter into and implement this Agreement.
IN CONSIDERATION of the mutual covenants and agreements herein contained,
the parties hereto agree as follows:
1 . Recitals.
The above recitals are true and correct.
2. Annexation.
The Landowners filed a qualifying petition with one hundred (100) percent of
the freeholders of the area requesting annexation to the City. The City Commission,
on November 3, 1997, acknowledged receipt of the petition. On December 15, 1997,
the City Commission approved the petition and directed Staff to draft an Annexation
TABLEROCK VENTURES, INC. ANNEXA TlON AGREEMENT PAGE 2
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filM 186 PACE459?
Agreement. By execution of this Agreement, the City has manifested its intention to
annex the Tablerock Ventures, Inc., Annexation Tract pursuant to the terms and
conditions of this Agreement. Subject to the provisions of Title 7, Chapter 2, Part 46,
the City shall upon execution of this Agreement adopt a Resolution of Annexation of
the Tablerock Ventures, Inc., Tract to the City. Further, upon the execution of this
Agreement, the landowners shall do all things necessary and proper to aid and assist
the City in carrying out the terms, conditions, and provisions of this Agreement and
effectuate the annexation of the Tablerock Ventures, Inc., 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 Tablerock Ventures, Inc., Annexation
Tract, as provided in this Agreement.
4. Municioal Water Service Defined.
The term "municipal water service" as it 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 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 Tablerock Ventures, Inc., Annexation
Tract. Nothing in this Agreement shall obligate the City to pay for right-of~way
acquisition, engineering, construction, and/or other costs for the delivery of water to
or within the Tablerock Ventures, Inc., Annexation Tract to include, but not limited
to, any hook-up, connection, or development charges which are 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, 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
TABLEROCK VENTURES, INC. ANNEXA nON AGREEMENT PAGE 3
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fllH 186 f,~n4S98
the extension of lines or construction of necessary improvements at any cost to the
City for collection of sewage at and within The Tablerock Ventures, Inc., Annexation
Tract. Nothing in this Agreement shall obligate the City to pay for right-of-way
acquisition, engineering, construction, and/or other costs for the collection of sewage
services to or within the Tablerock Ventures, Inc., Annexation Tract to include, but
not limited to, any hookup, connection, or development charges which are or may be
established by the City.
6. Water Riqhts.
The parties acknowledge the following City policy:
Prior to annexation of property, it shall be the policy of the City of Bozeman to
acquire usable water rights, or an appropriate fee in lieu thereof, equal to the
anticipated average annual consumption of water by residents and/or users of
the property when fully developed. The fee may be used to acquire water rights
or for improvements to the water system which would create additional water
supply capacity. Except, however, that for any annexation in excess of ten
(10) acres, this policy shall be carried out prior to final plat approval of each
development phase.
Section 2, No.5, Commission Resolution 3137. adopted August 19. 1996
The Tablerock Ventures, Inc., Annexation Tract consists of approximately
89.530 acres.
The Landowners shall provide sufficient water rights or cash-in-lieu thereof in
accordance with the City's policy at the time the property is either subdivided or
developed at the discretion of the Public Services Director. The average annual
diversion requirement necessary to provide water to this annexation tract will be
determined on the basis of the existing zoning designation of the property at the time
of development.
All parties understand and agree that in order to obtain final plat or final site
plan approval, either water rights or cash-in~lieu thereof must be provided to the City
by the subdivider, landowner, or developer for all or a portion of The Tablerock
Ventures, Inc., Annexation Tract.
7. Comorehensive Water and Sewer Design Reoart
Priar to future development of the property, the Landowners shall have prepared
by a Professional Engineer, at Landowners' expense, a comprehensive design report
evaluating existing capacity of sewer and water utilities. The report must include
hydraulic evaluations of each utility for both existing and post~development demands,
TABLEROCK VENTURES, INC. ANNEXA TlON AGREEMENT PAGE 4
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filM 186 PAt E 4599
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
improvements required for full development. The Landowners agree to complete at
their own expense the necessary system improvements to serve the full development.
8. Connection of existina dwelling unit to City Water and Sewer
Landowners understand and agree that the existing home, if it is retained, shall
connect to City Water and Sewer services when they become available. The existing
septic tank shall be pumped and filled and properly abandoned after connection to City
Water and Sewer is completed.
9. Waiver of Riaht-to-Protest Special Improvement Districts
Having recognized City's concern of long term maintenance costs and the
impact of development of The Tablerock Ventures, Inc., Annexation Tract may have
on area streets and surrounding parks, Landowners have 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, which would
provide a mechanism for the fair and equitable assessment of maintenance costs for
such parks, and for street improvements, including paving, curb/gutter, sidewalk and
storm drainage for: a) Manley Road; and b) Griffin Drive; and intersection
improvements including signalization, paving, curb/gutter, sidewalk, and storm
drainage for Griffin Drive at its intersections with: a) North Rouse Avenue; b) Manley
Road; and c) North 7th Avenue; and have further executed a Waiver of Right to
Protest Creation of Rural Improvement Districts for Manley Road. Said Waivers are
attached hereto as Exhibits A and 8, and are hereby incorporated in and made a part
of this Agreement.
10. 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 or transfer of ownership of any
land within The Tablerock Ventures, Inc., Annexation Tract. The parties agree that the
City may file these documents at any time.
TABLEROCK VENTURES, /NC. ANNEXA nON AGREEMENT PA GE 5
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11 . Installation of Water Pressure Reducina Valves. f Il M 186 ?~.ct4600
Installation of pressure reducing valves may be needed on the to-be-constructed
water main. However, the actual need, locations and pressure settings of the valves
will not be finalized until the City's Water Facility Plan is completed. If the City
determines the valves are needed, Landowners agree to purchase and install the
pressure reducing valves at Landowners' expense at the time the water main is
constructed.
12. Utility Easements.
Landowners understand and agree that utility easements, a minimum of 30 feet
in width, will be necessary for the installation and maintenance of water and sewer
utility services to the annexed parcel. The Landowners shall create such easements
in locations agreeable to the City during the appropriate development procedure, but
in no event later than the filing of any final plat or site plan or issuance of a building
permit on any of the parcels.
13. Riaht-of-Way/Easement for Future Roadways.
Landowners have granted by written easement, unless otherwise provided, the
following land to the City of Bozeman for right-of-way purposes. Said easement is
attached hereto as Exhibit C, which is hereby incorporated herein and made a part of
this Agreement.
al A forty~five (451 foot wide strip along the eastern property
line, beginning at the centerline of the existing Manley Road
and proceeding west for Manley Road right-of-way.
14. Traffic Analysis ReDort.
Landowners shall provide a detailed Traffic Analysis Report(s) at the time of
future development of any portion of the annexed property.
15. Storm water Master Plan.
Landowners understand and agree that a Storm water Master Plan for The
Tablerock Ventures, Inc., Annexation Tract for a system designed to remove solids,
oils, grease, and other pollutants from the runoff from the public streets must be
provided to and approved by the City Engineer at the time of any future development.
The master plan must depict the maximum sized retention/detention basin locations
and locate and provide easements for adequate drainage ways within the area to
TABLEROCK VENTURES, INC. ANNEXA nON AGREEMENT PAGE 6
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transport runoff to the Storm water receiving channel(s). The plan shall include site
grading and elevation information. typical Storm water detention/retention basin and
discharge structure details, basin sizing calculations. and Storm water facilities
maintenance plan.
16. Future Development.
Landowners understand and agree that all future development on the Tablerock
Ventures, Inc., Annexation Tract shall be served by City Water and Sewer as provided
for in the City's facility master planning documents. Landowners understand and
agree that municipal services are not currently available to much of the area proposed
for annexation. There is no right, either granted or implied by the City, for the
Landowners to develop any of The Tablerock Ventures, Inc., Annexation Tract until
it is verified by the City that necessary municipal services, including but not limited
to police and fire protection, are available to all or a portion of The Tablerock
Ventures, Inc., Annexation Tract.
Therefore, the phasing and timing of any and all infrastructure improvements
and other development to occur in The Tablerock Ventures, Inc., Annexation Tract
shall be subject to review and approval by the City to ensure optimal utilization of
infrastructure resources to ensure adequate provision of services that will not create
long or short term maintenance problems for the City.
Landowners understand and agree that they may be required to install and use
labor saving equipment and/or devices, e.g. automatic read water meters, in all new
development to occur in the Tract.
17. Impact Fees.
Landowners shall pay to the City Fire and Street Impact Fees for the existing
structures within the Tract prior to or at the time of Landowners' execution of this
Agreement. At the time the existing and/or new structures apply for connection to the
City's Water and Sewer facilities, the Landowners shall pay all Water and Sewer
Impact Fees which are due. Landowners further understand and agree that any
improvements, either on- or off-site, necessary to provide connection of The Tablerock
Ventures, Inc., Annexation Tract to municipal services which are wholly attributable
to the property are "project related improvements" as defined in Chapter 3.24,
TABLEROCK VENTURES, INC. ANNEXA nON AGREEMENT PAGE 7
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Bozeman Municipal Code, or as amended, and as such, are not eligible for impact fee
credits.
18. Governing Law and Venue.
This Agreement shall be construed under and governed by the laws of the state
of Montana. In the event of litigation concerning this Agreement, venue is in the
Eighteenth Judicial District Court, Gallatin County, State of Montana.
19. Attornev'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.
20. 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.
21. 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.
22. Modifications or Alterations.
No modification or amendment of this Agreement shall be valid unless
evidenced by a writing signed by the parties hereto.
23. No Assignment.
It is expressly agreed that the Landowner shall not assign this Agreement in
whole or in part without prior written consent of the City.
24. 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.
25. Covenants to Run with the Land.
The parties intend that the terms of this Agreement shall not expire at their
TABLEROCK VENTURES, ING. ANNEXA TlON AGREEMENT PAGE B
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fILM 186 P^CE46Q3
deaths or upon sale or transfer of ownership of the property.
The undersigned Landowners affirm that they have authority to enter into this
Agreement on behalf of themselves, their corporations and partnerships, and to bind
the undersigned, corporations or partnerships to this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
TABLEROCK VENTURES, INC.
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STATE OF /AU n1fe...}
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County of ~/J~( ,Ju, )
On thiSc::1SfJ1 day of . 7Yl1rc-h , 19 7 e, before me, a Not~ry Public
for the State of (/.~(ntc~, pe~sonally appeared LX/1J1'}r..g k{J.({U ,
known to me to be th "P,-'()d(c;&1f of Tablerock Ventures, Inc., the
corporation that executed the foregoing Annexation Agreement, and acknowledged
to me that he/she executed the same for and on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal as of the day and year first above written.
.r .", '.-."'" . "EVELYN'F.' TP:OKA ._.~, , /
... ~ Comm. # 1117363 (J) .,l /) /
U). . NOTARY PUBLIC. CALIFORNIA . / '\~.
" .' Cit, . COO"" .f S.. ,,,",i,,, ::!Iiotary Public for the State of ec,c, . iV
S 1 My Comm. Expires Nov. 18,2000 l .. ::331'~ f,..., C( 9"IJJJ/
( eal) ~......... .............. ..... ReSiding: . , Ch0JrA.rtJ ). '. It
Commission Expires: AnJ.' / q 0< 00:0
TABLEROCK VENTURES, INC. ANNEXA nON AGREEMENT PAGE 9
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FILM ~86 D1r.t4604
FUND OF F NO I II.; ,.
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STATE OF (A /lt~(t1~-a/ )
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County of '~1~C15 \i.:i )
o . .~ftJd In' ~ tl{} .
n this ) ~ of , CUe , 19 , before me, a ,%tarv. Public
for the State of C.tA!J c' fi11..-i/, personally appepred "'.-:UAriJI'j (~ IOj{L/ ,
known to me to be the [p,r()A / CJ; 1.-1- of Fund of Funds, the
corporation that executed the foregoing Annexation Agreement. and acknowledged
to me that he/she executed the same for and on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal as of the day and year first above written.
r . .... 'EV'E'LYN'F~T'AOKA"~~ ~.
~ Comm./1117363 Ul
... . . NOT ARY PUBLIC, CALIFORNIA ...
Ul City & County of San Franclaco ...
(Seal) 1.. .,. ~ . .~y.:om~. .EXP~I8S N~~, 18,2~OOJ
CITY OF BOZEMAN
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CLARK V. JOHNSON
Its City Manager
ATTEST:
(]~X~
Clerk of the City Commission
STATE OF MONTANA )
ss
County of Gallatin )
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l.,-/"! day of l , 19iL, before me, a Notary Public for the
On this /} ,-,'I (.,"'-
State of Montana, personally eared Clark V. Johnson and Robin L. Sullivan, known
to me to be the persons wh xecuted the foregoing instrument as City Manager and
Clerk of the City Commission respectively, of the City of Bozeman, whose names are
subscribed to the within instrument and acknowledged to me that they executed the
same for and on behalf of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal as of the day and year first above written.
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TABLEROCK VENTURES, INC. ANNEXA nON AGREEMENT PAGE 10
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EXHIBIT "A" fiLM 186 PACE46qS
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
TABLEROCK VENTURES. INC.. ANNEXATION TRACT
We, the undersigned owners of the real property situated in the County of
Gallatin, State of Montana, and more particularly described as follows:
Certificate of Survey No. 1988 containing 89.530 acres, located in the
Northeast and Southeast Quarter of Section 36, Township One South,
Range Five East, PMM, Gallatin County, Montana.
IN CONSIDERATION of receiving approval for annexation of the subject
property to the City of Bozeman, along with accompanying rights and privileges and
for other and valuable consideration, the receipt of which is hereby acknowledged, in
recognition of the impacts on traffic, parks, and the need for municipal sewer and
water services that will be a result of the development of the above-described
property, have waived and do hereby waive for ourselves, our heirs, personal
representatives, successors and assigns, the right to protest the creation of one or
more special improvement district for: 1) a Special Improvement Maintenance District
for the maintenance of any parks within the annexed area or of a City-wide Park
Maintenance District; and 2) street improvements, including paving, curb/gutter,
sidewalk, and storm drainage to a) Manley Road; b) Griffin Drive; and 3) intersection
improvements, including signalization, paving, curb/gutter, sidewalk, and storm
drainage to a) the intersection of North 7th Avenue and Griffin Drive; b) the
intersection of Manley Road and Griffin Drive; and c) the intersection of North Rouse
Avenue and Griffin Drive.
In the event Special Improvement Districts are not utilized for the completion
of these projects, we agree to participate in an alternate financing method for
completion of said improvements on a fair share, proportionate basis as determined
by square footage of the property, linear front footage of the property, taxable
valuation of the property, or a combination thereof.
We further waive our right to make any written protest against the proposed
work or against the extent or creation of the districts 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.
TABLEROCK VENTURES, INC. ANNEXA nON AGREEMENT PA GE 11
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fILM 186 rACE 4606
We warrant that we are lawfully seized and possessed of the real' property
described above and that we have a lawful right to convey the property or any part
of it.
DATED this "30 day of MAJ..Q.,,~ , 1998.
TABLEROCK VENTURES, INC.
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STATE OF UI !f:{/Jb~ ss
County of ~1.~he11 o:r'w )
On this ~ day of ~H ' 19~, before me, ~ Notary Public
for the State of ~lf. , personally appeared L:A<XU::tVU':: 0$77 ,
known to me to be the f.u-sf'Df1IJ:r of Tablerock Ventures, Inc., the
corporation that executed the foregoing Annexation Agreement, and acknowledged
to me that he/she executed the same for and on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal as of the day and year first above written.
....""",...... ." ... .. . ...(
~ EVELYN F, TAOKA
... ~' Comm. # 1117363 Ul (l I
(/); . NOTARY PUBLIC. CALIFORNIA _ ~ L:"(. . ~
City & County of San FranCISco . \ .
(Seal) 1 ,.., My Comm, Expires Nov. li,2000 TNotary Publicfor t,~e State of CA!jv r I) (,,,*,
~~~. .................. ." Residing:? 13. j~G?fJ1C~/'1) S' . C,41iJ<f!//
Commission Expires:, / l5' ~'<::jOJ
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STATE OFVllpli]fl )
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C1 k' )
County of, )0(1 tfS c()
On this ~ day of --.JI\.AJ..Q.~ ' 19 98, before me, ~otary Public
for the State of CALI + . , personally appeared z::Attu--xJc.~ ~T7 ,
known to me to be the PU'I Db'V1" of Fund of Funds, the
corporation that executed the foregoing Annexation Agreement, and acknowledged
to me that he/she executed the same for and on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal as of the day and year first above written.
r. . EVELYN'F. TAOKA ..~ ~ ,.1 014:/
... Comm. # 1117363 Ul
. . NOT ARY PUBLIC. CALIFORNIA
~ . , City . C,""ty of S.. ,,,,,;uo t ' <
Notary Public for Jhe State -..% a . c {',~'if
My Comm, Elpiru Nov. li, ~OOO
(Sea I) ~ . ~ ~.... ~...... w . . . . Residing:, --ii:i .M.(-f..A/ntrJ.' Sr. fA 91/11
or .. . ~ ... .. "T ~. .
Commission Expires: /YN. / t) dvG\)
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TABLEROCK VENTURES, INC. ANNEXA nON AGREEMENT PA GE 12
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EXHIBIT "B" fiLM 186 PACE 4607
WAIVER OF RIGHT TO PROTEST "
,
CREATION OF RURAL IMPROVEMENT DISTRICTS
TABLEROCK VENTURES, INC.. ANNEXATION TRACT
We, the undersigned owners of the real property situated in the County of
Gallatin, State of Montana, and more particularly described as follows:
Certificate of Survey No. 1988 containing 89.530 acres, located in the
Northeast and Southeast Quarter of Section 36, Township One South,
Range Five East, PMM, Gallatin County, Montana.
IN CONSIDERATION of receiving approval for annexation of the subject
property to the City of Bozeman, along with accompanying rights and privileges and
for other and valuable consideration, the receipt of which is hereby acknowledged, do
hereby waive, for ourselves, our heirs, personal representatives, successors and
assigns, the right to protest creation of Rural Improvement Districts. In doing so, we
do not waive any right to comment on, protest, and/or appeal any assessment formula
which may be proposed if we believe it to be inequitable.
This waiver shall be a covenant running with the land and shall not expire.
We warrant that we are lawfully seized and possessed of the real property
described above and that we have a lawful right to convey the property or any part
of it.
DATED this"SJ day of M.M(~:t{ , 1998.
T ABLEROCK VENTURES, INC.
ST A TE OF w.1(l.;rY1t~ )
County of r~/l ~ (}(~.u ss
)
On this 30 day of AVttl..c..J~ , 19LL, before me, a Notary Public
for the State of ~, personally appeared LA-JIlf-Nc..e. VOSTI '
known to me to be the r',tfS (T)6 /\J-q-- of Tablerock Ventures, Inc., the
corporation that executed the foregoing Annexation Agreement, and acknowledged
to me that he/she executed the same for and on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal as of the day and year first above written.
/. . . EVELYN F. ii:OK,i."~
... ~' Camm. # 1117363 Ul .j .
U) ~... NOTARY PUBLIC. CALIFORNIA _ . ~ ~
" City & County of San FranCISCO .... . \ ... ,
(Seal) i ",' My Comm Expires Nov: 18,2~O~ t No ary Public for the State %C,/\- \~f /JI@..
~_...I .. .' .... . . Residing:33iJ.:;rc~f}1641:1 -. U q1-;1/
Commission Expires: -1"'-$J, / f3. ~cJU()
I T ABLEROCK VENTURES, ING. ANNEXA nON AGREEMENT PAGE 13
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fILM 186 PACE46Q8
FUND OF FUNDS
ST A TE 0 F Culr;,(j}f :~; )
~ : ss )
County of ~1 " l';~
On this ~ day of M~f{ , 19<10 , before me, a N~tary Public
for the State of CALI f . , personally appeared -LA tJlU::NC1:. 0>77 ,
known to me to be the ft...p; l~ of Fund of Funds, the
corporation that executed the foregoing Annexation Agreement, and acknowledged
to me that he/she executed the same for and on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal as of the day and year first above written.
r. "EVELYN F:TAOiA."~
_ ' . . Comm.#1117363 (I)- ~ i
lfl ~.... NOTARY PUBLIC. CALIFORNIA - ,..--' -y
, City & County of San FrancIsco. .
(Seal) 1... ~".~n. .~v. ~o.m.m: .E~p.ir~5 ~~v~ 111: ~~o~~~~rn~~c fo_~ the State of I. .
Commission Expires: -' ), /
TABLEROCK VENTURES, INC. ANNEXA TlON AGREEMENT PAGE 14
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fiLM 186 PACE4609
PUBLIC STREET AND UTILITY EASEMENT
T ABLEROCK VENTURES. mc.. a Nevada corporation, and FUND OF FUNDS, a Nevada
cOI:poration , GRANTORS, in consideration of $ 1.00 and for other and valuable considerations,
receipt of which is acknowledged, grants to The City of Bozeman. a municipal corporation of the
State of Montana, with offices at 411 East Main, Bozeman, Montana 59771-0640, GRANTEE, its
successors and assigns, a perpetual street and utility easement for the use of the public, in, through,
and across a strip ofland situated in Gallatin County, Montana, 45.00 feet wide to be located on the
following described real property: C.O.S. No. 1988.
located in Section 36. T. 1 S., R. 5 E., P.M.M., Gallatin County. Montana
The easement is more particularly described on the attached Exhibit( s) C-l & C-2
whieh by this reference are made a part hereof
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, covenants, and provisions of this easement shall extend to and be binding upon the
heirs, executors, administrators, personal representatives, successors, and assigns of the parties
hereto.
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DATEDthis~dayof ~ ' 19B2 FILM 186 P~CE4610
GRANTOR TABLEROCK VENTURES, INC.
STATE OF ~ )
County of ~ ) ss.
)
, . 19~before me the undersigned, a Notary
On this ~ day of _~
Public for the State of Montana , personally appeared, Laurence V osti ,
known to me to be the President of Tablerock Ventures, Inc.
and the person whose name is subscribed to the within instrument and acknowledged to me that he
executed the within instrument for and on behalf of Tablerock Ventures, Inc.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written.
(SEAL)
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DATED this l day of ~ . 19.f1.
GRANTOR
STATEOF ~ )
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County of ~ )
On this ~ day of ~ . 199.1 before me the undersigned, a Notary
Public for the State of Montana , personally appeared, Laurence V osti ,
known to me to be the President of Fund of Funds
and the person whose name is subscribed to the within instrument and acknowledged to me that he
executed the within instrument for and on behalf of Fund of Funds
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written.
.i ~SEWt~s
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FllH 186 P~CE 4611
ACCEPTED: r-~ J-:
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CITY bF IiOZEMAN
by its City Manager
~J~
Clerk of the City Commission
STATE OF MONTANA )
) ss.
County of Gallatin )
yI' day of l 199L, before me the undersigned, a Notary
On this /7
Public for the State of Mon~~ , personally appeared CLARK V. JOHNSON and ROBIN L.
SULLN AN, known to me to"b e City Manager and Clerk of the City Commission for the City of
Bozeman and the persons whose names are subscribed to the within instrument, and acknowledged
to me that they executed the same for and on behalf of the City of Bozeman.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and
year first above written.
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l'A 1r -'" ? 'j(,
..' a.rY Publie~he State of Montana
~/"'~ Residing a~ '--: ~t/~/;X~IL/.. _ " _
My ComrmsslO expIres j;" /}"' :J 5
369058
State of Mont., County of Ga!!nt1n. 55 FlIetl for record "___~UL Y _1.<2..______, 19-9.8.....
at : ~ 02 ~f~.. and reconied in Book --11tL of _ MISC., ~ _page 4595
~he.LLew CVb'"lG<<_, RecGfder. By ~~ ; - Deputy
FEE: $102.00 CHG
RT: CITY OF BOZEMAN
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EXHIBIT C~ 1
Description:
A 45.00 FOOT WIDE PUBLIC STREET AND UTILITY EASEMENT located within a tract of
land, said tract ofland being shown on Certificate of Survey No. 1988 as recorded in the Gallatin
County Clerk and Recorder's Office, said tract being located in the East Half of the Northeast
Quarter and in the Southeast Quarter of Section 36, Township 1 South, Range 5 East, Principal
Mcridian Montana, Gallatin County, Montana.
The east line of the said 45.00 FOOT WIDE PUBLIC STREET AND UTILITY EASEMENT is
described as follows:
Commencing at the southeast comer of said Section 36; thence North 00048'39" West, along the
east line of said Section 36, a distance of 1237.30 feet to the point of beginning of the line to be
described; thence continuing North 00048'39" West, along the east linc of Section 36, a distance
of 1444.61 feet; thence North 00009'53" West, along the east line of said Section 36, a distance of
2034.88 feet, said line there terminating.
The sidelines of said easement are to bc prolonged or shortened to terminate on the northerly and
southerly lines of said Certificate of Survey No. 1988.
Said easement is as shown on EXHIBIT C-2 and contains 3.560 acres.
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" EXHIBIT C-2 . .. ..
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45.00 FOOT WIDE PUBLIC STREET AND UTI L1TY EASEMENT
LOCATED WITHIN C.O.S. NO. 1988, NE 1/4 '" SE 1/4
SECTION 36, T. 1 5., R. 5 E., P.M.M.. GALLATIN COUNlY, MONTANA
$00'09'53"E 720.76'
UHE TABLE
Line Bearing Distance
L13 559'10'03"[ 157.90'
L14 578'52'47"[ 135.29'
L1S NBO'27'S7"E 70.68'
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.... THE AREA CON1A1NEO WITHIN THIS EASEMENT IS 3.560 ACRES
1988 I" N
C,O.S. ....
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EAST 1/4 CORNER, SEC. 36, T1S.R5E,
RAILROAD SPIKE 6" OOWN OVER "T" IRON
C.O.S, 1988 45.00' WID~ MANLEY
R AD EASEM NT
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N EAST UNE Of SECTION 36
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POINT OF BEGINNING
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~EXISTlNG 60.00'
S3T28' 40"[ I COUNTY ROAD
NOO'48'39"w 1237.30' 3/24/98 seA B9725E1.DWG
TO THE P.O.B.
1a&H THOMAS, DEAN & HOSKINS INC.
SE CORNER SEC. 36} T 1 S. R 5 E ENGII-lE;(RINO CONSULTANTS
G"CAT ~AU..S-ltOlE"""'-IW.J$PD..l. t.4ONT,6.NA
fOUND YPC (GASTON SPQK......t WASt........GTON
LEwlSTC,oN IO.A.HO