HomeMy WebLinkAbout02- Valley Center Business Park Annexation Agreement
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V ALLEY CENTER BUSINESS PARK
ANNEXA TION AGREEMENT
THIS AGREEMENT is made and entered into this _-lith"" day of MCL)I'Lh ,
2002, 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 Cape-France Enterprise, 16 North 9th Avenue, Bozeman,
Montana 59715 hereinafter referred to as "Landowner".
WITNESSETH:
WI-IEREAS, the Landowner is owner in fee of a tract of certain real property, hereinafter
referred to as the "V ALLEY CENTER BUSINESS PARK ANNEXATION", situated in Gallatin
County, Montana, and more particularly described as follows:
Tracts A-I and A-2, COS 1827 and located in the E % ofthe SW 14 of Section 26, TIS,
R5E, P.M.M., Gallatin County, Montana
WHEREAS, the Landowner has petitioned the City for annexation of the contiguous tract;
and
WHEREAS, the V ALLEY CENTER BUSINESS PARK ANNEXATION is not within the
corporate limits of the City or other municipality but is contiguous to the City and may therefore
be annexed to the City in accordance with the provisions of this Agreement and M.C.A. Title 7,
Chapter 2, Part 43.
WHEREAS, all parties recognize that the annexation of the V ALLEY CENTER
BUSINESS PARK ANNEXA nON pursuant to Section 7-2-4301, ct seq., M.C.A., will entitle the
said property to City services, including municipal water and sewer service, upon their availability;
and
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WHEREAS, M.C.A. Section 7-2-4305 provides that a municipality and landowner can
agree to the provision of services to the area to be annexed; and
WHEREAS, the City's present water supply is insufficient to enable it to supply reasonably
adequate water service to additional customers outside the present city boundaries; 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 V ALLEY CENTER BUSINESS
PARK ANNEXATION; and
WHEREAS, all parties recognize that the development of the V ALLEY CENTER
BUSINESS PARK ANNEXATION will impact East Valley Center Road and North 19th Avenue,
and will require additional public street improvements for traffic circulation; and
WHEREAS, the Landowner finds that this Agreement will provide for the most
satisfactory and dependable water supply or service available to furnish water and provide traffic
circulation for development near and within the V ALLEY CENTER BUSINESS PARK
ANNEXATION; and
WHEREAS, the making and performance 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 enlarge; and
WHEREAS, the securing of an adequate water supply and traffic system by the City is
necessary and of mutual advantage to the parties hereto; and
WHEREAS, the parties have determined that it is in the best interests of the City and the
Landowner, and in furtherance of the public health, safety and welfare of the community to enter
into and implement this Agreement.
IN CONSIDERATION ofthe mutual covenants and agreements herein contained, the
parties hereto agree as follows:
I V ALLEY CENTER BUSINESS PARK ANNEXA nON AGREEMENT 2 I
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Shelley VanQe-Gallatln Co MT MISC 138.00
1. Recitals
The above recitals are true and correct.
2. Annexation
The Landowner filed an application for annexation oCthe V ALLEY CENTER BUSINESS
PARK ANNEXATION with the City. The City, on January 8,2001, adopted a Resolution of
Intent to Annex the V ALLEY CENTER BUSINESS PARK ANNEXATION. By execution of this
Agreemcnt, the City has manifested its intention to annex the V ALLEY CENTER BUSINESS
PARK ANNEXATION tract pursuant to the terms and conditions of this Agreement. Subject to
the provisions of Title 7, Chapter 2, Part 43, the City shall, upon execution of this Agreement,
adopt a Resolution of Annexation of the V ALLEY CENTER BUSINESS PARK 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
of this Agreemcnt and effectuate the alU1exation of the V ALLEY CENTER BUSINESS PARK
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 V ALLEY CENTER BUSINESS PARK ANNEXATION, as provided in
this Agreement.
4. Municipal Water Service Defined
The term "municipal water service" as is used in this Agreement shall be the service which
is supplied by the City in accordance with Chapter 13.12, Bozeman Municipal Code, or as may be
amcnded, 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
I v ALLEY CENTER BUSINESS PARK ANNEXATION AGREEMENT 3 I
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Shall.v VanQa-Gallatln CQ MT MISC 13800
improvements at any cost to the City for del1very of water to and within the V ALLEY CENTER
BUSINESS PARK ANNEXATION. Nothing in this Agreement shall obligate the City to pay for
right~of-way acquisition, engineering, construction, and other costs for thc delivery ofwatcr to or
within thc V ALLEY CENTER BUSINESS PARK ANNEXATION to include, but not limited to,
any impact fees, hook~up, connection, or development charges which may be established by the
City.
5. Municipal Sewer Service Defined
The term "municipal sewer service" as is used in this Agreement shall be the service which
is supplied by the City in accordance with Chapter 13.24, Bozeman Municipal Code, or as may be
amended, as well as any other tenns and conditions which apply to the City's provision of this
service. The term docs not contemplate the extension oflines or construction of necessary
improvements at any cost to the City for collection of sewage at and within the V ALLEY
CENTER BUSINESS PARK ANNEXA nON. Nothing in this Agreement shall obligate the City
to pay for right-of-way acquisition, engineering, construction, and other costs for the collection of
sewage services to or within the V ALLEY CENTER BUSINESS PARK ANNEXATION to
include, but not limited to, any impact fees, hookup, connection, or development charges which
may be established by the City.
6. Water Riehts
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 rcsidents 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 aJUlexation in excess often (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
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The V ALLEY CENTER BUSINESS PARK ANNEXATION consists of approximately
38.67 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:
VALLEY CENTER BUSINESS PARK ANNEXA TION, consisting
of a total of 38.67 acres, shall provide water rights or cash-in-lieu
prior to a Final Site Plan or Final Plat by the City of Bozeman,
whichever comes first.
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 requircment necessary to provide water to this annexation
tract on the basis of the zoning designation and/or City-approved development for the property at
the time such calculation is made.
7. Comprehensive Water and Sewer Desitm Report
Prior to future development ofthc property, the Landowner shall have prepared hy 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 utility
for both existing and post-development demands, and the report findings must demonstrate
adequate capacity to serve the full devcJopment ofthe land. If adequate water and/or sewer
capacity is not available for full development, the rcport must identify necessary water system and
sewer systcm improvements required for full developmcnt. 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 municipal services are not currently available to
much ofthe area proposed for annexation, and that there is no right, either granted or implied by
the City, for the Landowner to develop any of the V ALLEY CENTER BUSINESS PARK
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Sh.ll.y VanQ.-Gallatln CQ MT MISC 138.00
. ANNEXATION until it is verified by the City that necessary municipal services, includmg but not
limited to police and fire protection, are available to all or a portion of the V ALLEY CENTER
BUSINESS PARK ANNEXATION.
9. Impact Fees
The Landowners hereby acknowledge that annexation and development of their property
will impact the City's existing street, water and sewer infrastructure, and fire service requirements.
There are no existing structures on the property. At the time new stmctures 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 Sewer Impact Fees
required by chapter 3.24, Bozeman Municipal Code, or as amended, at the time of application for
any permit listed in Section 3.24.050A, 3.24.060A, 3.24.070A, or 3.24.080A, respectively. Ifthe
impact fees currcntly imposed pursuant to Chapter 3.24 of the Bozeman Municipal Code are
subsequently voided or declared invalid by a court of competent jurisdiction, Landowners agrec to
pay the City fees or assessments establishcd 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 pemlit which actuates or would have actuated impact fees pursuant
to the current Chapter 3.24 of the Bozeman Municipal Code, the Landowner further agrees to pay
at that time, the amount calculated for all such fees based upon the rates established at the date or
this agreement.
If the Court above declares Chapter 3.24 of the Bozeman Municipal Code invalid, and if
landowner would have been entitled to a refund under the court's decision but were it not for the
sole fact of the landowner paying impact fees because of this agreement, then all such impact fees
I V ALLEY CENTER BUSINESS PARK ANNEXATION AGREEMENT 6 I
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Sh.ll.y VanQ.-Gallatln CQ MT MISC 138.00
. paid prior to the court's decision shall be held in escrow until a revised Chapter of the Code is
enacted after the Court's decision.
At thc time the revised code is enacted, then all such fees held in escrow shall be released
to the city and the balance, if any, returned to the landowner. All accumulated interest on the sum
held in escrow shall be released to the City or landowner on the same percentage as the money
released to either party bears to the total sum held in escrow.
Landowners further understand and agree that any improvements, either on- or off-site,
necessary to provide connection ofY ALLEY CENTER BUSINESS PARK ANNEXATION to
municipal services which are wholly attributable to the propcrty arc "project related
improvements" as defined in Chapter 3.24, Bozeman Municipal Code, or as amendcd, and as such,
are not eligible for impact fee credits.
If Landowners default on this condition at the time such is to be performed, and should
default not be remcdied or corrected within thirty (30) days after written notice by City to
Landowners of such default, City may at their option:
A) Declare the amounts owing for impact fees immediately due and 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 waivcr of any
subsequent default.
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Shalley VanQa-Gallatln CQ MT MISC 138.00
D) It is agreed that it shall be no defense to the enforcement of this provision by
City that impact fees imposed pursuant to Chapter 3.24 of the Bozeman
Municipal Code are subsequently voided or declared invalid by a court of
competent jurisdiction. It is the express intention of the parties not to be
bound by such a declaration or judgment and, thcrefore, notwithstanding any
judgment either limiting impact fee payments under mmexation agreements
to specified amounts, or prohibiting any such payment, landowner will pay
such amount as specified above.
10. Stormwater Master Plan
Landowner understands and agrees that a Stormwater Master Plan for the V ALLEY
CENTER BUSINESS PARK ANNEXATION [or a system designed to remove solids, oils, grease,
and other pollutants from the nmoff 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 storillwater receiving channel(s). The plan
shall include site grading and elevation infonnation, typical stonnwater detention/retention basin
and discharge structure details, basin sizing calculations, and stormwater maintenance plan.
11. Traffic Analvsis Revort
Landowner shall provide a detailed Traffic Analysis Report(s) at the time of future
development of any portion ofthe annexed property.
12. Waiver of Rieht-to-Protest Sveciallmprovement Districts
Landowner has executed a Waiver of Right- to-Protest Creation of Special Improvement
Districts for street improvements, including paving, curb/gutter, sidewalk, boulevard and storm
drainage appurtenances to: East Valley Center Road and Hulbert Road; and for any associated
I V ALLEY CENTER BUSINESS PARK ANNEXATION AGREEMENT 8 I
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Shallay VanQe-Callalln CQ ~T MISC 138.00
signalization at the intersection of North 27" Avenue and East Valley Center Road; and have
further executed a Waiver of Right-to-Protest Creation of Special Parks Maintenance Districts.
Said Waivers are attached hereto as Exhibits A and B.
13. Ril!ht-of-Way/Easement for Future Roadways
Landowner has dedicated, by written easement, the following land to the City of Bozeman
for right-of-way purposes, which represent Landowner's proportionate share ofthe necessary
right-of-way. Said easements will be filed with the Gallatin County Clerk and Recorder at the
time this Annexation Agreement is filed.
a) 45-feet for Hulbert Road
14. Utility Easements
Landowner understands and agrees 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 Landowner 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.
15. Additional Terms of Waivers
The parties recognize that these documents shall be filed and ofrecord with the Gallatin
County Clerk and Recorder prior to the sale of any land within the V ALLEY CENTER
BUSINESS PARK ANNEXATION. The parties further agree that the City may file these
documents at any time.
16. Governinl! Law and Vellue
This Agreement shall be construed under and govemed 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, Statc of Montana.
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Sh.ll.y VanQ.-Gallatln CQ MT MISC 138.00
In the event it becomes necessary for either party to this Agreement to retain an attorney to
enforce any of the terms or conditions ofthis Agreement, then the prevailing party shall be entitled
to reasonahle attorney's fees and costs, to include the salary and costs of in-house counsel
including City Attorney.
18. Waiver
No waiver by either party of any breach of any tenn, covcnant or agreement shall be
deemed a waiver of the same or any subsequent breach ofthis same or any other term, covenant or
agreement. No covenant, term or agreement shall be deemed waived by either party unless waived
in writing.
19. Invalid Provision
The invalidity or unenforceability of any provision of this Agreement shall not affect the
other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or
unenforceable provision were omitted.
20. Modifications or Alterations
No modification or amendment of this Agreement shall be valid unless evidenced hy a
writing signed by the parties hereto.
21. No Assi2nment
It is expressly agreed that the Landowner shall not assign this Agreement in whole or in
part without prior written consent of the City.
22. Successors
This Agreement shall be binding upon, inure to the benefit of and be enforceable by the
parties hereto and their respective heirs, successors and assigns.
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23. Covenants to Run with the l,and !';hall.y VanQ.-GallaUn CQ MT MISC 138.00
The parties intend that the terms of this Agreement shall be covenants running with the
land and shall not expire at their deaths or upon transfer of ownership of the property.
The undersigned Landowners affimls that they have authority to enter into this Agreement
on behalf of their partnership, and to bind the partnership to this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year first above written.
LANDOWNER
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G ce France, General Partner
C pc-France Entcrprise
ST A TE OF MONT ANA )
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County of Gallatin )
On this Z.'5 day of ~~ , 2002, before me, a Notary Public for the State of
Montana, personally appeared Grace France, known to me to be a partner of Cape-France
Enterprise that executed the foregoing Annexation and acknowledgcd to mc that she executcd the
samc.
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 Pu I for the State of Montana
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I VALLEY CENTER BUSINESS PARK ANNEXATION AGREEMENT II I
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Shelley VanQe-Gallatln Co MT MISC 138.00
nn Cape, Gen~. partnerW
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STATE OF MONT ANA )
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County of Gallatin )
On this 2-5 day of '--'\\JX"C..LC , 2002, before me, a Notary Public for the State of
Montana, personally appeared Donald Cape, by Power of Attorney thc signatory for JoAnn Cape,
known to me to be a partner of Cape-France Enterprise that executed the foregoing Annexation
,md acknowledged to me that he 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 ~ic for the State of Montana
Residing at ~J/YY\.{):.;""-
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I VALLEY CENTER BUSINESS PARK ANNEXATION AGREEMENT 12 I
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Shelley VanQa-Gallatln Co MT MISC 138.00 CITY OF BOZEMAN
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By: Clark Johnson, City Manager
STATE OF MONTANA)
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County of Gallatin )
On the LO'lV'-day of ~ ' 2002, before me, a Notary Public for the State of
Montana, personally appeared CLA JOHNSON AND ROBIN L. SULLTV AN, known to me to be
the City Manager and Clerk of the City Commission respectively, of the City of Bozeman, whose
names are subscribed to the within instrument and acknowledged to me that they executed the same
for and on behalf of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and
year first written above.
\JAt.~ ~(tNLtt'l~ .
Notary Public fo the State of Montana
Residing at Bozeman, Montana
My Commission Expires: -:; I ZS /2L()]
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I v ALLEY CENTER BUSINESS PARK ANNEXATION AGREEMENT 13 I
EXHIBIT A
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
V ALLEY CENTER BUSINESS PARK ANNEXATION
The undersigned owners of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
Tracts A-I and A-2, COS 1827 and located in the E Yz of the SW ~ of Section 26, TIS,
R5E, P.M.M., Gallatin County, Montana
IN CONSIDERATION of receiving approval for annexation of the subject property from the
City of Bozeman, along with accompanying rights and privileges and for other and valuable
consideration, the receipt of which is hereby acknowledged, and in recognition of the impact to
East Valley Center Road and Hulbert Road, and the future intersections of East Valley Center
Road and North 27''' Avenue 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: East Valley Center Road and Hulbert Road; and for
signalization improvements to the intersections of East Valley Center Road ami North 27'11
Aveltue or to make any written protest against thc size or area or creation ofthe district be
assessed in response to a duly passed resolution of intention to create one or more special
improvement districts which would include the above-described property.
This waiver shall be a covenant running with the land and shall not expire with the dissolution
of the 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
successors-in-interest and assigns of the parties hereto.
DATED this ~ day of fna"L , 2002.
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Shellay VanQe-Gallatln CQ MT MISC 138.00
I V ALLEY CENTER BUSINESS PARK ANNEXATION AGREEMENT ]4 I
LANDOWNER
ST ATE OF MONT ANA )
:ss
County of Gallatin )
On this '2.5_ day of c...-f)1.CfX'L<- ,2002, before me, a Notary Public for the State of
Montana, personally appeared Grace France, known to me to be a partner of Cape-France
Enterprise that executed the foregoing Annexation 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.
{}J'r'1 ~. COfL
Notary P bl c tor the State of Montana
Residing at '13>l.:'2f?/YY\Q....L^-
My Commission Expires: 1 ~ c, '~;(oo3
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1m AlW,<VF MONTANA )
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County of Gallatin )
On this Z 5 day of <-fY)Q''f'AA..- , 2002, before me, a Notary Public for the State of
Montana, personally appeared Donald Cape, by Power of Attorney the signatory for JoAnn Cape,
known to me to be a partner of Cape-France Enterprise that executed the foregoing Annexation
and acknowledged to me that he executed the same.
IN WITNESS WI-IEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
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", ~)o; '. VA u:~:' TER BUSINESS PARK ANNEXATION AGREEMENT 15
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CITY OF BOZEMAN
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By: Clark Johnson, City Manager
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R.0hjn"~; t , .../ ,
Clerk of tlle1:;'i\y.c'ommission
STATE OF MONTANA)
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County of Gallatin )
On the20't1Cray of ~, 2002, before me, a Notary Public for the State of
Montana, personally appeared CLARI(I, OHNSON AND ROBIN L. SULLTV AN, known to me to be
the City Manager and Clerk of the City Commission respectively, of the City of Bozeman, whose
names are subscribed to the within instmment 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 affixcd my seal on the day and year
first written above.
llM,lQ~ ~~ih~
Notary Public for the State of Montana
Residing at Bozeman, Montana
My Commission Expires: 31zs, 11--003
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I V ALLEY CENTER BUSINESS PARK ANNEXATION AGREEMENT 16 I
EXHIBIT B
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL PARKS MAINTENANCE DISTRICTS
V ALLEY CENTER BUSINESS PARK ANNEXATION
The undersigned owners ofthe real property situated in thc County of Gallatin, State of Montana,
and more particularly described as follows:
Tracts A-I and A-2, COS 1827 and located in the E Yz ofthe SW 14 of Section 26, TIS,
RSE, P.M.M., Gallatin County, Montana
IN CONSTDERA TlON of receiving approval for annexation of the subject property from the City
ofBozcman, along with accompanying rights and privileges and for other and valuable consideration,
the reccipt of which is hereby acknowledged, and in recognition of the impacts on the City's park
facilities and the nced for the maintenance of municipal park areas to serve City residents, the owners
have waived and do hereby waive for themselves, their successors and assigns, the right to protest the
creation of one or more special parks maintenance or improvement districts for a City-wide ParAs
Maintenance District, or to make any written protest against the size or area or creation ofthe district
to be assessed in response to a duly passed resolution of intention to create one or more special parks
maintenance or improvement districts.
Tn the event City-wide Parks Maintenance or Special Improvement Districts arc not utilized for
the City-wide park maintenance, we agree to participate in an alternate financing method for
complction of said improvements on a fair share, proportionate basis as determined by square footage
ofthe property, linear front footage ofthe property, taxable valuation ofthe property, or a combination
thereof.
This waiver shall be a covenant running with the land and shall not expire with the dissolution of
the limited partnership, providcd 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
successors i n- interest and assi h"'s of the parties hereto .1111111111111111111111111111111111111111111111111111111 ~~;3l~~~,
Shalley VanQ.-Gallatln CQ MT MISC 138.00
I VALLEY CENTER BUSINESS PARK ANNEXATION AOREEMENT ]7 I
DATED this 2-5 day of ~ ,2002.
LA~DOWNE~,~
Gr e France, General Partner
Ca e-France Enterprise
ST ATE OF MONT ANA )
:ss
County of Gallatin )
On this Z- 5 day of Jna~ , 2002, before me, a Notary Public for the State of
Montana, personally appeared Grace France, known to me to be a partner of Cape-France Enterprise
that executed the foregoing Annexation 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 pu;ic or the State of Montana
Residing at Alt./YYIa A.-"---
My Commission xplres: 7-q -G.::; aa03
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STATE OF MONTANA )
:ss
County of Gallatin )
On this 25 day of LA11CVWA--L- , 2002, before me, a Notary Public for the State of
Montana, personally appeared Donald Cape, by Power of Attorney the signatory for JoAnn Cape,
known to me to be a partner of Cape-France Enterprise that executed the foregoing Annexation and
acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
~ ,,~~~\ I ~i" . [0: the State of Montana 1111111111111111111111111111111111111111111111111111111 ~~?::~? 1~~,
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-:...... d'~~. VALLE ,EN ER BUSINESS PARK ANNEXATION AGREEMENT 18
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CITY OF BOZEMAN
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By: Clark Johnson, City Manager
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Robin"C. -8 ulliVan':/
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Clerk of the City-t:ommission
ST A TE OF MONT ANA)
:ss
County of Gallatin )
On the JiLt\-- day of ~... _, 2002, before me, a Notary Public for the State of
Montana, personally appeared CLAR JOHNSON AND ROBIN L. SULLIVAN, known to me to be
the City Manager and Clerk of the City Commission respectively, of the City of Bozeman, whose
names are subscribed to the within instrument and acknowledged to me that they executed the same
for and on behalf of said City.
IN WITNESS WHEREOF, r have hereunto set my hand and affixed my seal on the day and year
first written above.
~dQMll-~wi~
Notary Public fo the State fMontana
Residi ng at Bozeman, Mon~na
My Commission Expires: J--z-,S (z.1J03
c (Notari~t~eal)
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Sh.ll.y VanQ.-Gallatln CQ MT MISC 138.00
V ALLEY CENTER BUSINESS PARK ANNEXATION AGREEMENT 19
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, Shelley VanQe-Gallatln CQ MT MISC 139.00
PUBLIC STREET EASEMENT
.Joann L. Cape and Grace France. the officers of Cape-France Enterprises. inc. of 2020 Charlotte
Street. Bozeman. Montana 59715, GRANTOR, in consideration of $ 1.00 and for other and
valuable considerations, receipt of which is aeknowledged, grants to The City of Bozeman, a
municipal corporation of the State of Montana, with offices at 411 East Main, Bozeman, Montana
59715, GRANTEE, its successors and assigns, 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, forty-
five, (45) feet wide, and eight hundred cighty two point zero three, (882.03) feet long, as shown
in attached EXHIBIT "B" to be located on the following described real property:
A Tract of land locatcd in thc SE1/4, of Section 26, Township 1 South, Range 5
East, Gallatin County, Montana.
The easement is more particularly described on the attached Exhibit "A" which by this
reference is madc a part hereof.
The GRANTOR statcs that he possesses the real property described above and that he has
a lawful right to grant an easement thereon.
The GRANTOR further agrees that the GRANTEE may peaceably hold and enjoy the
rights and privileges herein granted without any interruption by the GRANTOR.
The terms, covenants, and provisions of this easement shall extend to and be binding upon
the heirs, executors, administrators, personal representatives, successors, and assigns of the partics
hereto.
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~hall.y VanQa-Gallatln CQ MT MISC 138.00
DATED this 2..5 day of ,--fYla,UA..- ,20Q2.
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STATE OF MONTANA )
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County of Gallatin )
On th i s ~ day of .....f'\ ~'- , 20.02. before me, the undersigned, a
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Notary Public for the State of Montana, personally appeared'3o Ann en ~)(, _ it\A,:J::x~, known
to me to bc the person whose namc is subscribed to the within instrument, and acknowledged to me
that he/she did execute the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
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My Commission Expires '7- 9 - ~ :;003
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Shalley VanQe-Gallatln CQ MT MISC 138.00
ACCEPTED: .. '" .-------
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CITY OF BOZEMAN
by its Ci ty Manager
Clerk6tihe Cityeommission
STATE OF MONTANA )
) ss.
County of Gallatin )
On this 7 ~O fic1ay of _M Wo ' 20Q2 before me, a Notary Public for the
State of Montana, personally appeared CLARK V. JOHNSON and ROBIN L. SULLTV AN, known
to me to be the City Manager and Clerk of the City Commission for the City of Bozcman and the
persons whose names are subscribed to thc within instmment, and acknowledged to me that they
executcd 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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Shelley VanQe-Gallatln CQ MT MISC 138.00