HomeMy WebLinkAbout18- Annexation Agreement - Bridger Vale LLC - Bridger Vale Annexation Inter-office Original to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman MT 549771-1230 2634481
Page: 1 of 21 12/21/2018 09:47:05 AM Fee. $147.00
j i-� Charlotte Mills - Gallatin County, MT MISC
I I I I I I I I I I I I I III 1111111111111111111111 IN 111111111111111111111111111111111111111111111111
BRIDGER VALE
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this I day of 1�UQ hAJQeK , 2018,
by and between the CITY OF BOZEMAN, a self-governing municipal corporation organized and
existing under its Charter and the laws of the State of Montana with offices at 121 N. Rouse Avenue,
Bozeman,Montana 59771-0640,hereinafter referred to as "City", and BRIDGER VALE LLC,PO BOX
930, Manhattan, Montana 59741-0930, hereinafter referred to as "Landowner."
WITNESSETH:
WHEREAS, Landowner is owner in fee of a tract of real property, hereinafter referred to as the
BRIDGER VALE ANNEXATION situated in Gallatin County, Montana, and more particularly
described as follows:
Remaining Tract GLR-1 of Certificate of Survey No. 157 as shown on Certificate of Survey
No. 1221, located in the Southwest Quarter of Section 31,Township 1 South,Range 6 East
of P.M.M., Gallatin County, Montana.
Area = 282,687 square feet, 6.4896 acres or 26,262.5 square meters. Subject to existing
easements.
Metes and Bounds
Bridger Vale Annexation Agreement 1
Beginning at the West Quarter Corner of Section 31, Township 1 South, Range 6 East of
P.M.M.; thence easterly 088°30'20", assumed azimuth from north, 709.72 feet along the
north line of said Tract GLR-1; thence along the boundary of said Tract GLR-1 on the
following courses: southerly 177°22'56" azimuth 306.00 feet; southeasterly 144'43'11"
azimuth 219.64 feet; westerly 267°46'48" azimuth 431.13 feet; northerly 357°44'23"
azimuth 199.65 feet; westerly 267°46'48" azimuth 399.87 feet; thence northerly
357°41'37" azimuth 299.39 feet along the west line of said Tract GLR-I to the Point of
Beginning; and
WHEREAS, the Landowner petitioned the City for annexation to the City of said tract of land;
and
WHEREAS,the BRIDGER VALE ANNEXATION is not within the corporate limits of the City
or other municipality and may therefore be annexed to the City in accordance with the provisions of this
Agreement and Title 7, Chapter 2, Part 46, Mont. Code Ann.; and
WHEREAS, the parties recognize the annexation of the BRIDGER VALE ANNEXATION
pursuant to Section 7-2-4601, et seq., Mont. Code Ann. will allow the BRIDGER VALE
ANNEXATION to connect to and utilize City services, including municipal water and sewer service,
parks and recreation, fire and police services, and the City's transportation system; and
WHEREAS, Section 7-2-4610, Mont. Code Ann. provides that a municipality and landowner
may agree to the provisions of services to the area to be annexed; and
WHEREAS, the parties recognize development on the BRIDGER VALE ANNEXATION will
impact area parks, recreation, transportation, sewer, water, police, and fire services, and that future
improvements may require Landowner to make public infrastructure improvements including
transportation and other improvements for the provisions of parks, recreation, sewer, water, police, and
fire services; and
Bridger Vale Annexation Agreement 2
WHEREAS, the Landowner finds this Agreement will provide for the most satisfactory and
dependable water supply and sewer supply or service, and provide transportation, parks, recreation,
police and fire service for development of the BRIDGER VALE ANNEXATION; and
WHEREAS,the parties have determined that it is in the best interests of the City and Landowner,
and in furtherance of the public health, safety and welfare of the community to enter into and implement
this Agreement.
WITNESSETH:
IN CONSIDERATION of the mutual covenants and agreements herein contained, the parties
hereto agree as follows:
1. Recitals
The above recitals are true and correct.
2. Annexation
The Landowner filed an application for annexation of the BRIDGER VALE ANNEXATION
with the City on May 10, 2017. By execution of this Agreement, the City manifests its intent to annex
the BRIDGER VALE ANNEXATION tract pursuant to the terms and conditions of this Agreement.
Subject to the provisions of Title 7, Chapter 2, Part 46, Mont. Code Ann. the City shall, upon execution
of this Agreement,adopt a Resolution of Annexation of the BRIDGER VALE ANNEXATION. Further,
upon the execution of this Agreement,the Landowner shall do all things required by this Agreement and
all things necessary and proper to aid and assist the City in carrying out the terms, conditions and
provisions of this Agreement and to effect the annexation of the BRIDGER VALE ANNEXATION.
Bridger Vale Annexation Agreement 3
3. Services Provided
The City will, upon annexation, make available to the BRIDGER VALE ANNEXATION
existing City services only to the extent currently available, or 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 40, Article 2, Bozeman Municipal Code, as amended,
as well as any other terms and conditions which apply to the City's provision of municipal water service
but does not include the extension of lines or construction of necessary improvements at any cost to the
City for delivery of water to and within the BRIDGER VALE ANNEXATION. Nothing in this
Agreement shall obligate the City to pay for right-of-way acquisition, engineering, construction, and
other costs for the delivery of water to or within the BRIDGER VALE ANNEXATION to include, but
not limited to, any impact fees, hook-up, connection, or development charges which have been or may
be established by the City.
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 40, Article 3, Bozeman Municipal Code, as amended,
as well as any other terms and conditions which apply to the City's provision of this service but does not
include the extension of lines or construction of necessary improvements at any cost to the City for
collection of sewage at and within the BRIDGER VALE ANNEXATION. 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 BRIDGER VALE ANNEXATION to include, but not
limited to, any impact fees, hookup, connection, or development charges which may be established by
the City.
Bridger Vale Annexation Agreement 4
6. Water Rights
The Landowner recognizes and agrees the Landowner must provide water rights or cash in-lieu
of water rights upon further development or subdivision of the property in accordance with Section
38.410.130, Bozeman Municipal Code. The City will calculate the amount of water rights or cash-in-
lieu thereof due at the time of further development or subdivision of the property based on the annual
demand for volume of water the development will require multiplied by the most current annual unit
price in effect on the date the water rights are transferred or payment-in-lieu of water rights is to be made
to the City. As such, the Landowner acknowledges that the rates for cash in-lieu of water rights may
increase over time as established by Resolution of the City Commission. The applicant must perform a
water rights search to determine if any exist for the property. The Landowner must transfer any water
rights that exist for this property to the City of Bozeman prior to development. If insufficient water rights
exist, the Landowner must pay cash in lieu of water rights, in an amount determined by the Director of
Public Service,prior to development.
7. Comprehensive Water and Water Design Report
Prior to future development of the property the City may require the Landowner to have prepared
by a Professional Engineer, at Landowner's sole expense, a comprehensive design report evaluating
existing capacity of sewer and water utilities in the area. The report must include hydraulic evaluations
of each utility for both existing and post-development demands,and the report findings must demonstrate
adequate capacity to serve the full development of the land. If adequate infrastructure capacity is not
available for the proposed development, the report must identify necessary water or wastewater system
improvements necessary for the proposed development. If improvements to this water or wastewater
system are necessary, the Landowner agrees prior to development of the BRIDGER VALE
Bridger Vale Annexation Agreement 5
ANNEXATION to complete, at Landowner's expense,the necessary system improvements to serve the
proposed development.
8. Future Development Limitations
The Landowner shall be responsible for installing all facilities required to provide full municipal
services to the property in accordance with the City's Infrastructure Master Plans and all City regulations,
policies and guidelines that may be in effect at the time of any future development. Thus, Landowner
understands and agrees Landowner has no right, either granted or implied, for it to further develop any
of the BRIDGER VALE ANNEXATION until it is verified by the City that the necessary municipal
services, including but not limited to police and fire protection,parks and recreation,transportation, and
sewer and water capacity, are available to all or a portion of the BRIDGER VALE ANNEXATION.
Notice is thus provided to the Landowner that prior to additional development of the property, the
Landowner will be solely responsible for installing, at Landowner's sole expense, any facilities or
infrastructure required to provide full municipal services to the BRIDGER VALE ANNEXATION in
accordance with the City's infrastructure plans,adopted Growth Policies/Community Plans,and all other
city regulations, policies and guidelines that may be in effect at the time of development.
9. Stormwater Master Plan
Landowner understands and agrees a Stormwater Master Plan for the BRIDGER VALE
ANNEXATION for a system designed to remove solids,oils,grease,and other pollutants from the runoff
from public streets and other impermeable surfaces may be required to be provided to and approved by
the City Engineer at the time of any future development. The plan must demonstrate that adequate
treatment of runoff from the public streets, other impermeable surfaces, and all future lots will be
achieved by providing spot elevations, flow direction arrows, detention and/or retention basin details
(including basin sizing calculations and basin typical sections), outlet structure details, and culvert
Bridger Vale Annexation Agreement 6
capacity calculations. The plan must also locate and provide easements for adequate drainage ways
within the BRIDGER VALE ANNEXATION to transport treated runoff to the stormwater receiving
channel. The plan shall include site grading and elevation information, typical stormwater
detention/retention basin and discharge structure details, basin sizing calculations, and stormwater
maintenance plan. Landowner recognizes the City may require such Stormwater Master Plan to be
implemented in all or part as a condition of approval of development of the BRIDGER VALE
ANNEXATION.
10. Waiver of Right-to-Protest Special Districts
A. Landowner must execute a Waiver of Right-to-Protest Creation of Special Districts for
the maintenance of any parks within the annexed area and/or of a City-wide park, trails, or open space
district. The Landowner agrees such district will provide a mechanism for the fair and equitable
assessment of maintenance costs for parks serving the development. The waiver is attached hereto as
Exhibit"A" and is hereby incorporated in and made a part of this Agreement.
B. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Improvement
Districts (SID) for street and transportation improvements including design and engineering,paving and
subsurface improvements, curb and gutter, sidewalk and stormwater drainage facilities, and fiber optic
conduit for Manley Road,East and West Griffin Drive and signalization improvements for the following
intersections: Manley Road and East Griffin Drive, North 7th Avenue and West Griffin Drive, East
Griffin Drive and Bridger Drive, and railroad crossing improvements on E. Griffin Drive. The
Landowner agrees such a SID(s) will provide a mechanism for the fair and equitable assessment of
construction and maintenance costs for such improvements. The waiver is attached hereto as Exhibit
"B" and is hereby incorporated in and made a part of this Agreement.
Bridger Vale Annexation Agreement 7
C. Landowner agrees that in the event a SID is not utilized for the completion of these
improvements as described in subsections A and B above, the Landowner shall participate in an
alternative financing method for the completion of said improvements on a fair share,proportionate basis
as determined by the City on the basis of the square footage of property,taxable valuation of the property,
traffic contribution from the development or a combination thereof.
11. Public Street and Utility Easement
The Landowner understands and agrees that a public street and utility easement must be provided
for that portion of Manley Road adjacent to the property boundary and 45 feet from the centerline of
Manley Road and to the east; and a minimum 60-foot wide public street and utilities easement from
Manley Road to the East Gallatin Recreation Area. The Landowner, at its sole expense,has created such
an easement in a location and form agreeable to the City and the easement will be filed at the Gallatin
County Clerk and Recorder's Office prior to or simultaneously with the annexation agreement.
12. Transportation Improvements
The Landowner understands and agrees that at the time of future development the portion of
Manley Road and its related transportation infrastructure fronting the BRIDGER VALE ANNEXATION
to include the access road from Manley Road to the East Gallatin Recreation Area must be improved to
a City standard.
13. Impact Fees
Landowner acknowledges that annexation and development of their property will impact the
City's existing street, water and sewer infrastructure, and the City's fire service. As approved by the
City, Landowner and its successors must pay:
A) Fire impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at
time of issuance of a building permit.
B) Transportation impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as
amended, at time of issuance of a building permit.
Bridger Vale Annexation Agreement 8
C) Water impact fees as required by Chpt. 2,Art. 6. Div. 9 BMC,or as amended, at the time
of connection to city water services.
D) Sewer impact fees as required by Chpt.2,Art. 6.Div. 9 BMC, or as amended, at the time
of connection to city sewer services.
The amount of impact fee the Landowner or its successors must pay for connection to the city's
water and sewer services, if any, shall be calculated based on the provisions of the Bozeman Municipal
Code, as amended, in effect at the time of application for a permit to connect. The amount of street or
fire impact fees to be paid, if any, shall be calculated based on the provisions of the Bozeman Municipal
Code, as amended, in effect at the time an application for building permit is submitted.
Landowner further understands and agrees that any improvements, either on-site or off-site,
necessary to provide connection of the BRIDGER VALE ANNEXATION municipal services and which
are wholly attributable to the property as determined exclusively by the City are considered "project
related improvements" as defined in Chapter 2, Article 6, Division 9, Bozeman Municipal Code, as
amended, and as such, are not eligible for impact fee credits.
If Landowner defaults on this condition at the time such is to be performed, and should default
not be remedied or corrected within thirty (30) days after written notice by City to the Landowner and
Landowner/Developer of such default, City may at its option:
A) Declare the amounts owing for impact fees immediately due and payable and the
City shall have the right and privilege to take legal action against Landowner 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 property.
B) Elect any other remedy available to City.
14. Assessments
Landowner understands and agrees that after this Agreement is recorded the BRIDGER VALE
ANNEXATION will be subject to City assessments for arterial and collector streets, street
maintenance, and tree maintenance on the same basis as all other properties in the City.
Bridger Vale Annexation Agreement 9
15. Institutional Controls
The parties recognize the presence of the former East Gallatin Landfill, also knowns as the
Bozeman Old City Landfill,a closed landfill located on property owned by the City to the east-southeast
of the BRIDGER VALE ANNEXATION Tracts GL-2,COS 1221, in the northwest quarter of Section 31,
TIS, R6E, PMM, Gallatin County, Montana and agree institutional controls are necessary to mitigate
potential impacts to any future development and residents that may result from the location of the
Landfill relative to the BRIDGER VALE ANNEXATION. As such, the Landowner recognizes the
Landowner must, as provided herein, require the installation of sub-slab vapor mitigation systems in the
construction of all structures and ensure the systems are maintained in good working condition until such
time as may be agreed upon by the City. The Landowner also agrees to allow the City to install soil, soil
vapor, and groundwater monitoring wells or probes in locations to be determined upon approval of
development on the Property and to allow the City access to such wells or probes for monitoring and
maintenance as provided in the declaration of institutional controls required pursuant to Section 15.c
below.Landowner further agrees to make available all such monitoring data regarding the sub-slab vapor
mitigation systems to the City and the Montana Department of Environmental Quality (MDEQ) if
requested by MDEQ. Landowner agrees it must prepare a Sampling and Analysis Plan (SAP) for the
sub-slab vapor mitigation systems prior to final approval of any development on the property for
approval by the City.. The Landowner must require the same of its successors in interest including any
established property owners association. These institutional controls include but are not necessarily
limited to:
a. This section in this Agreement identifying the presence of the adjacent landfill and the
need for ongoing monitoring and reporting of environmental conditions by sample collection and
laboratory analysis of groundwater, soil and soil vapor on the site pursuant to a Sampling and
Bridger Vale Annexation Agreement 10
Analysis Plan(SAP)prepared by the Landowner and approved by the City prior to final approval
of any development on the BRIDGER VALE ANNEXATION.
b. Institutional controls must be of record with the Gallatin County Clerk and Recorder at
the time of filing of this Annexation Agreement.Additional institutional controls may be required
through subdivision and zoning review processes. All institutional controls must be a part of
required covenants during subdivision and/or zoning review, include the City as a party to such
covenants, and be of record and binding on all purchasers of property within the BRIDGER
VALE ANNEXATION. The covenants must require prior approval of the City to amend any
institutional control.
C. Landowner must grant access to the City and MDEQ for the City to conduct groundwater,
soil, and soil vapor sample collection and laboratory analysis. Landowner must execute a
declaration of institutional controls to be recorded with the Gallatin County Clerk and Recorder
that addresses its monitoring of the performance of the sub-slab vapor mitigation system pursuant
to the Sampling and Analysis Plan prepared by the Landowner and approved by the City. Such
access and other requirements will be memorialized in a filed and recorded declaration and such
requirements must run with the land.
d. Bridger Vale agrees that groundwater wells, other than the one (1) existing well located
on the Property which serves a home located to the north of the Property, are prohibited on the
Property. This restriction may be lifted for irrigation purposes only as determined solely by the
City upon a showing by Bridger Vale or its successors and assigns that groundwater proposed
for irrigation uses complies with MDEQ water quality standards.
e. Any future structures must be built slab-on-grade and have a sub-slab vapor mitigation
system, or equivalent, designed and certified by a professional engineer and certified to
Bridger Vale Annexation Agreement I I
installation per design by a professional engineer to mitigate any environmental concerns from
groundwater, soil, or soil vapor contamination.
f. The imposition of best practices for construction and excavation activities on the site
including but not necessarily limited to: conducting construction and excavation activities in
accordance with applicable OSHA worker safety regulations; controls related to venting of
excavation trenches; notice to workers; sampling and laboratory analysis of groundwater if
dewatering of groundwater is necessary; and, if required under any state or federal law or
regulation, necessary permitted off-site disposal of soil and groundwater.
16. Additional Terms
The parties recognize these documents must be filed and of record with the Gallatin County Clerk
and Recorder prior to the sale of any land within the BRIDGER VALE ANNEXATION. The parties
further agree that the City may file these documents at any time.
17. 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, venue is in the Eighteenth Judicial District Court, in and for County of Gallatin,
State of Montana.
18. Attorney's Fees
In the event it becomes necessary for either party to this Agreement to retain an attorney to
enforce any of the terms or conditions of this Agreement, then the prevailing party shall be entitled to
reasonable attorney's fees and costs, to include the salary and costs of in-house counsel including City
Attorney.
19. Waiver
Bridger Vale Annexation Agreement 12
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.
20. 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.
21. Modifications or Alterations
No modifications or amendment of this Agreement shall be valid unless evidenced by a writing
signed by the parties hereto.
22. 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.
23. 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 and specifically to any subsequent purchaser of
the BRIDGER VALE ANNEXATION.
24. Covenants to Run with the Land
The parties intend that the terms of this Agreement shall benefit the BRIDGER VALE
ANNEXATION and shall be covenants running with the land.
Bridger Vale Annexation Agreement 13
The undersigned Landowner affirms that they have authority to enter into this Agreement and to
bind themselves to this Agreement.
**End of Agreement except for Signatures**
IN WITNESS WHEREOF,the parties hereto have caused this agreement to be executed the day and
year first above written.
Bridger Vale Annexation Agreement 14
LANDOWNER
/
BRI E VA1'E LLC
By: Andrew/fEbbighausen, �I.-psi�{h4 Cgs)
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN ) '
On this "J day of 2018, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared Andrew Ebbighausen known to me to be the
LCLr6b of BRIDGER VALE LLC, and acknowledged to me that he executed the same for
and on behalf of RIDGER VALE LLC.
�P>- .
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL)
SHANNON L KLOOSTERHOF
�KL00 \ 1/
Notary Pubiic
y�'N0TAR/,14'.0 for the State of Montana
- Residing at: (Printed Name Here)
.SFAL..�T;= Bozeman, Montana Notary Public for the State of
%9j�• P; My Commission Expires: g 0.\`�� l
oFMo Residin at
March 17,2021
My Commission Expires:
(Use 4 digits for expiration year)
Bridger Vale Annexation Agreement 15
CITY OF BOZEMAN
By: Andrea Surratt, City Manager
ATTEST: B 02 ,''
41 i '•'9
--
City Clerk
83 .. ��
N C0
STATE OF MONTANA
:ss
COUNTY OF GALLATIN )
On this t'141 day of �Lt r�_yPA6o je-- , 2018, before me, a Notary Public for the
state of Montana,personally appeared Andrea Surratt and Robin Crough, known to me to the persons
described in and who executed the foregoing instrument as City Manager and City Clerk 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 the day and
year first above written.
(SEAL)
BRENDA SWEENEY
Notary Public (Printed Name Here)
=mQ NOTAK4 J for the State of Montana No Public for the State of Montana
Residing at:
;.SEAL *= Bozeman, Montana Residing
My Commission Expires: My Commiss' Expires:
December 02,2022
(Use 4 digits for e ' ation year)
Bridger Vale Annexation Agreement 16
EXHIBIT "A"
WAIVER OF RIGHT-TO-PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICT
FOR A CITY-WIDE SPECIAL DISTRICT FOR PARKS,TRAILS OR OPEN SPACE
BRIDGER VALE ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
Remaining Tract GLR-1 of Certificate of Survey No. 157 as shown on Certificate of Survey
No. 1221, located in the Southwest Quarter of Section 31,Township 1 South,Range 6 East
of P.M.M., Gallatin County, Montana.
Area = 282,687 square feet, 6.4896 acres or 26,262.5 square meters. Subject to existing
easements.
Metes and Bounds
Beginning at the West Quarter Corner of Section 31, Township 1 South, Range 6 East of
P.M.M.;thence easterly 088°30'20", assumed azimuth fi•om north, 709.72 feet along the north
line of said Tract GLR-1; thence along the boundary of said Tract GLR-1 on the following
courses: southerly 177°22'56" azimuth 306.00 feet; southeasterly 144'43'11" azimuth 219.64
feet;westerly 267°46'48" azimuth 431.13 feet; northerly 357°44'23" azimuth 199.65 feet;
westerly 267°46'48" azimuth 399.87 feet; thence northerly 357°41'37" azimuth 299.39 feet
along the west line of said Tract GLR-1 to the Point of Beginning.
IN CONSIDERATION of receiving approval for annexation of the subject property from the
City of Bozeman, along with accompanying rights and privileges and for other and valuable
consideration, the receipt of which is hereby acknowledged, and in recognition of the impact to City
parks, trails, and open space which will be caused by the development of the above-described property,
the Landowner has waived and does hereby waive for itself, its successors and assigns forever the right
to protest the creation of one or more special districts to fund capital improvements, operations, and
maintenance of any parks, trails, or open spaces within the annexed area and/or of a City-wide special
district to fund capital improvements, operations, and maintenance of parks, trails, and open spaces
throughout the City, which would provide a mechanism for the fair and equitable assessment of costs
Bridger Vale Annexation Agreement 17
for City parks, trails, and open spaces, or to make any written protest against the size or area or creation
of the district be assessed in response to a duly passed resolution of intention to create one or more
special districts for the above described purposes and which would include the above-described property.
This waiver is made for the benefit of the property described above and shall be a covenant
running with the land.
The terms, covenants and provisions of this waiver shall extend to, and be binding upon the
successors-in-interest and assigns of the Landowner.
DATED this 5 day of bQ,Q_S, n0QX_ , 2018.
LANDOWNER
� III
i
BRII(G 'GALE LLC
By: Aew Ebbighausen, R►rsi o Ltl+Cgs)
i
STATE OF MONTANA ) `
:ss
COUNTY OF GALLATIN )
On this rJ"�" day of 2018, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared Andrew Ebbighausen known to me to be the
1"ow of BRIDGER VALE LLC, and acknowledged to me that he executed the same for
and on behalf o BRIYG�r R VCA�4>s.
G,hIN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
AL)SHANNON L KLOOSTERHOF
Notary Public
Z 01AR/q4• :for the state of Montana �` \ \/
- Residing at: t )1/LQYIYZnV\ l� F-1OC�5�2��1U
Bozeman, Montana (Printed Name Here)
�o ', My Commission Expires:
March 17,2021 Notary Public for the State off
Residing at Ejakj ftbr (MA4
My Commission Expires: 3 • 1-j- 20Z1
(Use 4 digits for expiration year)
Bridger Vale Annexation Agreement 18
EXHIBIT "B"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
BRIDGER VALE ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
Remaining Tract GLR-1 of Certificate of Survey No. 157 as shown on Certificate of Survey
No. 1221, located in the Southwest Quarter of Section 31,Township 1 South,Range 6 East
of P.M.M., Gallatin County, Montana.
Area = 282,687 square feet, 6.4896 acres or 26,262.5 square meters. Subject to existing
easements.
Metes and Bounds
Beginning at the West Quarter Corner of Section 31, Township 1 South, Range 6 East of
P.M.M.; thence easterly 088°30'20", assumed azimuth from north, 709.72 feet along the north
line of said Tract GLR-1;thence along the boundary of said Tract GLR-1 on the following
courses: southerly 177°22'56" azimuth 306.00 feet; southeasterly 144'43'11" azimuth 219.64
feet;westerly 267°46'48" azimuth 431.13 feet; northerly 357°44'23" azimuth 199.65 feet;
westerly 267°46'48" azimuth 399.87 feet; thence northerly 357°41'37" azimuth 299.39 feet
along the west line of said Tract GLR-1 to the Point of Beginning.
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 impacts to:
a. Manley Road,
b. East and West Griffin Drive,
c. Intersection of Manley Road and East Griffin Drive,
d. Intersection of West Griffin Drive and N. 7th Avenue,
e. Intersection of East Griffin Drive and Bridger Drive, and
f. Railroad crossing on East Griffin Drive;
which will be caused by the development of the above-described property, the owner has waived and
does hereby waive for itself, its successors and assigns forever the right to protest the creation of one or
more special improvement districts for the design and engineering, construction, and maintenance of
Bridger Vale Annexation Agreement 19
following improvements: lighting, traffic control, paving and subgrade material, curb/gutter,
sidewalk, fiber optic conduit,and storm drainage facilities for:
a. Manley Road,
b. East and West Griffin Drive,
c. Intersection of Manley Road and East Griffin Drive,
d. Intersection of West Griffin Drive and N. 7th Avenue,
e. Intersection of East Griffin Drive and Bridger Drive, and
f. Railroad crossing improvements on East Griffin Drive.
Landowner agrees that for transportation facilities under its direct control the City has the sole right to
control the design and construction of such improvements and may include any of the above components
and others necessary to ensure such improvements comply with all adopted City infrastructure plans and
requirements. Further, the Landowner waives its right to make any written protest against the size or
area or creation of the district be assessed in response to a duly passed resolution of intention to create
one or more special improvement districts which would include the above-described property.
In the event a SID is not utilized for the completion of these improvements,the developer agrees
to participate in an alternate financing method for the completion of said improvements on a fair share,
proportionate basis as determined by the City on the basis of the square footage of property, taxable
valuation of the property, traffic contribution from the development or a combination thereof.
This waiver is made for the benefit of the property described herein shall be a covenant running
with the land.
The terms, covenants and provisions of this waiver shall extend to, and be binding upon the
successors-in-interest and assigns of the Landowner.
Bridger Vale Annexation Agreement 20
�
DATED this T day of ,2018.
LANDOWNER.
,AMD R E LLC
By: ndr Ebbighausen
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this 5 day of 2018, before me, the undersigned, a Notary
Public for the StaffW of Montana, personally appeared Andrew Ebbighausen known to me to be the
f BRIDGER VALE LLC, and acknowledged to me that he executed the same for
and on behalf of BRIDGER VALE LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL)
Est
AKRISTA JO ASLIN (Printed Name Here)
�gCAJOq'',.
�Q•• Sly Notary Public Notary Public for the State of
Q.Nolna�q[.ti for the State of Montana Residing at PjUZZMP*-1 Nt-t—
*: -- *` Residing at:
W.SEAL Q, Bozeman, Montana My Commission Expires:
r:
`.? o.....0,` My commission Expires: (Use 4 digits for expiration year)
March 01,2022
Bridger Vale Annexation Agreement 21