HomeMy WebLinkAbout02-11-19 City Commission Packet Materials - A1. Res. 4955, Creation of SID 747 for Manley RoadCommission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Shawn Kohtz, City Engineer
SUBJECT: Public Hearing on Protests for Special Improvement District (SID) No. 747
and Adoption of Resolution 4955 - a Resolution of the Bozeman City Commission to
create SID No. 747 for the purpose of undertaking certain street improvements to Manley
Road from the intersection with Griffin Drive to the northern boundary of the Gallatin
Park Subdivision and financing the costs thereof.
AGENDA ITEM TYPE: Action
MEETING DATE: February 11, 2019
RECOMMENDED MOTION: After hearing all protests, and finding them to be
insufficient under law to bar further proceedings, I hereby move to adopt Resolution
4955 creating Special Improvement District No. 747.
BACKGROUND: At its January 14, 2019 meeting the City Commission adopted Resolution
4954, declaring it to be the intention of the City Commission to create Special Improvement
District (SID) No. 747 (the “District”) for the purpose of undertaking certain street
improvements to Manley Road from the intersection with Griffin Drive to the northern boundary
of the Gallatin Park Subdivision and financing the costs thereof through the issuance of SID
bonds secured by the City’s SID Revolving Fund. The memorandum for the January 14th
hearing can be found here. In accordance with Montana Code Annotated (MCA) Title 7-12 Part
41, notice of the passage of this Resolution was published in the Bozeman Daily Chronicle on
January 20, 2019 and January 27, 2019 and mailed to all property owners to be assessed. This
established the protest period as January 20, 2019 to February 6, 2019 at 5:00 PM.
The purpose of this hearing is to provide an opportunity for the public to comment on the
proposal and for the Commission to hear and decide upon all protests that were received prior to
the end of the protest period. Should the Commission determine protests do not met the statutory
threshold (see below) the Commission may adopt the resolution creating the SID.
Pursuant to Section 7-12-4113, MCA, no further proceedings may be taken on creation of a SID
if the Commission finds protest has been made by the owners of property in the district to be
assessed for more than 50% of the cost of the proposed work.
166
Protests were received from the following properties:
• HC Developments, LLC for property within Gallatin Park Subdivision
• Lock Enterprises, LLC for property within Gallatin Park Subdivision
• Here4 Properties, LLC for property within Gallatin Park Subdivision
• Here4 Properties, LLC for property within Gallatin Park Subdivision
• KC Harvey Environmental, LLC for property within Gallatin Park Subdivision
• KW & MW, LLC for property within Gallatin Park Subdivision
• B & G Development, LLC for property within Gallatin Park Subdivision
• C2C, LLC for property within Gallatin Park Subdivision
• Justin Dhein and Katie Moyer for property within Minor Subdivision 385 (Turtle Way)
• Double S Properties, LLC for property within Gallatin Park Subdivision
• Triple S Properties, LLC for property within Gallatin Park Subdivision
• W&S Properties, LLC for property within Gallatin Park Subdivision
As noted during the resolution of intent, many properties within the proposed SID have recorded
waivers of right to protest creation of a SID for Manley Road. The waivers run with the land and
bind current owners. Gallatin Park Subdivision, Minor Subdivision Number 385 (Turtle Way),
MAP Brewing, and Mergenthaler properties were developed in the past and were not required to
upgrade Manley Road at the time of development. The developers of each of these properties,
with the exception of the Mergenthaler property, were required to provide a waiver of right to
protest a SID for Manley Road to allow cost sharing of road improvements upon future
construction of the road. Glen Lake Commerce Subdivision, which received final plat approval
on January 7, 2019 provided a waiver of right to protest as part of the platting process for Glen
Lake Subdivision. Bridger Vale provided a waiver of right to protest with its annexation. These
waivers of right to protest were filed with the County Clerk and Recorder, so subsequent
property owners would be aware of the waivers prior to purchasing property.
The protests received represent owners of property to be assessed for a total of $565,268.23 of
the total amount of assessments. These owners will be assessed for 13.3% of the total costs of the
improvements subject to assessments. As such, regardless of whether the Commission
determines to rely upon the waiver of right to protest recorded for Gallatin Park subdivision, the
protests do not meet the required 50% threshold. As such, the Commission need not rely on the
recorded waivers of right to protest a SID for Manley Road.
FISCAL EFFECTS: The project total cost is $4,242,000, which includes street construction,
engineering and incidental costs as described in the Resolution. See the attached Exhibit C,
“Engineer’s Probable Construction Cost Estimate.” Assessments to each developed or
developable property are identified in Exhibit B, “Lot, Parcels, and Tracts Included with the
District/Assessment Methodology and Amounts.”
The proposed project does not include intersection upgrades to Manley Road and Griffin Drive.
The City scheduled reconstruction of the intersection to begin design in fiscal year (FY) 2020
with construction in the calendar year 2021 as Street Impact Fee CIP number SIF110
167
($2,000,000). The project also includes construction of sanitary sewer improvements within the
Manley Road Right-of-Way ($457,000); however, the costs of these improvements are proposed
to be paid with sewer impact fee funds and are not included in the SID’s share of the costs of the
overall project. Sewer impact fee project number WWIF42, “Manley Road Sewer Upgrade” is
scheduled in FY 2020.
The City will need to finance the project by selling bonds pursuant to its authority under MCA
chapter 7-12, part 42. The proposed repayment on the bonds is 20 years.
Based on the recommended method of assessment, that is, to allocate the SID’s share of costs
based on a combination of street frontage and area, properties that front along Manley Road
would be assessed for the portion of the overall costs of improvements their frontage bears in
relation to the entire frontage of the project. For Gallatin Park Subdivision, Minor Sub 385
(Turtle Way), and Glen Lake Commercial Subdivision the assessments would be based on the
frontage of the lots within the subdivision that front on Manley Road and then split on an area
basis between all lots within the subdivision. The assessment methodology and proposed
estimated assessments are shown on Exhibit B. The assessment would be financed over 20 years.
At the current estimated interest rate range of 4.5%-5%, a typical annual assessment would be
approximately $76.88-$80.24/$1,000 of assessed value annually.
NEXT STEPS: The next steps will be for the City’s Engineering Division to complete the
design and to prepare construction documents for the project. Construction of the improvements
will occur begin in FY 20 and be complete in FY 21. In addition, bonds must be sold and the
City Commission must adopt a resolution assessing the properties for the costs of the
improvements.
UNRESOLVED ISSUES: None.
ALTERNATIVES: As determined by City Commission.
Attachments:
• Resolution Number 4955
o Exhibit A: Map of the District
o Exhibit B: Properties in the District
o Exhibit C: Initial Engineer’s Opinion of Probable Cost
o Exhibit D: Existing Taxes and Assessments
• Protests to creation of the District
• Waivers of Right to Protest Creation of a Special Improvement District for improvements
to Manley Road
• Packet materials for Resolution 4954 – intent to create SID 747 (hyperlink only)
168
Page 1 of 5
RESOLUTION NO. 4955
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 747;
CREATING THE DISTRICT FOR THE PURPOSE OF UNDERTAKING CERTAIN
LOCAL IMPROVEMENTS IN AND ABOUT MANLEY ROAD BETWEEN THE
INTERSECTION WITH GRIFFIN DRIVE AND THE NORTHERN BOUNDARY OF
GALLATIN PARK SUBDIVISION AND FINANCING THE COSTS THEREOF AND
INCIDENTAL THERETO THROUGH THE ISSUANCE OF SPECIAL
IMPROVEMENT DISTRICT BONDS SECURED BY THE CITY’S SPECIAL
IMPROVEMENT DISTRICT REVOLVING FUND.
WHEREAS, on the 14th day of January, 2019, the City Commission (the "Commission")
of the City of Bozeman, Montana (the "City") adopted Commission Resolution No. 4954 (the
"Resolution of Intention"), stating its intent to create Special Improvement District No. 747 (the
"District") to finance the costs of certain improvements within the District as described therein
(the "Improvements"); and
WHEREAS, as set forth in the Resolution of Intention, the costs of sanitary sewer
improvements in Manley Road will be paid from sources other than the District; and
WHEREAS, on January 20th and January 27th, 2019, the City Clerk did publish a Notice
of Passage of the Resolution of Intent to Create SID No. 747 in accordance with Sect. 7-12-4106,
MCA, and mailed said notice to each person, firm, or corporation or the agent of the person, firm
or corporation having real property within the proposed District; and
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Resolution 4955, Creation of SID 747 for Manley Road
Page 2 of 5
WHEREAS, the Bozeman City Commission conducted a public hearing on submitted
protests to the creation of the District on February 11, 2019 and did pass on all such protests having
found the written protests not sufficient to bar the Commission from proceeding with creation of
the District.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, as follows:
Section 1
Passage of Resolution of Intention. This Commission, on January 14, 2019, adopted the
Resolution of Intention, pursuant to which this Commission declared its intention to create the
District, under Montana Code Annotated, Title 7, Chapter 12, Parts 41 and 42, as amended,
for the purpose of financing costs of certain local improvements within the District described
generally therein (the "Improvements"), and paying costs incidental thereto, including costs
associated with the sale and the security of special improvement district bonds drawn on the
District (the “Bonds”), the creation and administration of the District, and the funding of a
deposit to the City’s Special Improvement District Revolving Fund (the “Revolving Fund”).
Section 2
Notice of Passage of the Resolution of Intent and Public Hearing on Protests. Notice of passage of
the Resolution of Intention was duly published on January 20 and January 27, 2019 and mailed in
all respects in accordance with law, and on February 11, 2019, this Commission conducted a public
hearing on written protests submitted by property owners against the creation of the District and
the making of the Improvements. The public hearing occurred on the date of the first regular
meeting of the Commission following the expiration of the period ended 15 days (or such longer
period if required by law) after the first date of publication of the notice of passage of the
Resolution of Intention (the ''Protest Period").
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Resolution 4955, Creation of SID 747 for Manley Road
Page 3 of 5
Section 3
Protests. Within the Protest Period, the City received protest from the owners of 12 properties
representing 13.3% percent of the total costs of the Improvements to be assessed against properties
in the District, as proposed.
Section 4
Creation of the District; Insufficiency of Protests, Revolving Fund. The Commission determines
the District is hereby created on the terms and conditions set forth herein and otherwise in
accordance with the Resolution of Intention, as modified hereby. The protests against the
creation of the District or the making of the Improvements filed during the Protest Period are
hereby found to be insufficient. The findings and determinations made in the Resolution of
Intention, including, without limitation, those relating to benefits conferred, costs associated with
the sale and the security of the Bonds, for the creation and administration of the District, and for
the funding of a deposit to the Revolving Fund, are hereby ratified and confirmed.
Section 5
Reimbursement Expenditures.
5.1 Regulations. The United States Department of Treasury has promulgated final
regulations governing the use of proceeds of tax-exempt bonds, all or a portion of which are to be
used to reimburse the City for project expenditures paid by the City prior to the date of issuance
of such bonds. Those regulations (Treasury Regulations, Section 1.150-2) (the “Regulations”)
require that the City adopt a statement of official intent to reimburse an original expenditure not
later than 60 days after payment of the original expenditure. The Regulations also generally require
that the bonds be issued and the reimbursement allocation made from the proceeds of the bonds
within 18 months (or three years, if the reimbursement bond issue qualifies for the “small issuer”
exception from the arbitrage rebate requirement) after the later of (i) the date the expenditure is
paid or (ii) the date the project is placed in service or abandoned, but (unless the issue qualifies for
171
Resolution 4955, Creation of SID 747 for Manley Road
Page 4 of 5
the “small issuer” exception from the arbitrage rebate requirement) in no event more than three
years after the date the expenditure is paid. The Regulations generally permit reimbursement of
capital expenditures and costs of issuance of the bonds.
5.2 Prior Expenditures. Other than (i) expenditures to be paid or reimbursed from
sources other than the Bonds, (ii) expenditures constituting preliminary expenditures within the
meaning of Section 1.150-2(f)(2) of the Regulations, or (iii) expenditures in a “de minimus”
amount (as defined in Section 1.150-2(f)(1) of the Regulations), no expenditures for the
Improvements have been paid by the City before the date 60 days before the date of adoption of
this resolution.
5.3 Declaration of Intent. The City reasonably expects to reimburse the expenditures made
for costs of the Improvements out of the proceeds of the Bonds in an estimated maximum aggregate
principal amount of $4,242,000.00 after the date of payment of all or a portion of the costs of the
Improvements. All reimbursed expenditures shall be capital expenditures, a cost of issuance of the
Bonds, or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the
Regulations.
5.4 Budgetary Matters. As of the date hereof, other than funds set aside to pay for
the costs of sanitary sewer, there are no City funds reserved, allocated on a long-term basis
or otherwise set aside (or reasonably expected to be reserved, allocated on a long-term basis or
otherwise set aside) to provide permanent financing for the expenditures related to the
Improvements, other than pursuant to the issuance of the Bonds. The statement of intent
contained in this resolution, therefore, is determined to be consistent with the City's budgetary
and financial circumstances as they exist or are reasonably foreseeable on the date hereof.
5.5 Reimbursement Allocations. The City's Finance Director shall be responsible for
making the "reimbursement allocations" described in the Regulations, being generally the
transfer of the appropriate amount of proceeds of the Bonds to reimburse the source of
temporary financing used by the City to make prior payment of the costs of the Improvements.
Each allocation shall be evidenced by an entry on the official books and records of the City
maintained for the Bonds or the Improvements and shall specifically identify the actual original
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Resolution 4955, Creation of SID 747 for Manley Road
Page 5 of 5
expenditure being reimbursed.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 11th
day of February, 2019.
__________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
______________________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
__________________________________
GREG SULLIVAN
City Attorney
173
174
EXHIBIT B 1/7/2019
LOT, PARCELS, AND TRACTS INCLUDED WITHIN THE DISTRICT/OWNERSHIP/ASSESSMENT METHODOLOGY AND AMOUNTS
MANLEY ROAD SPECIAL IMPROVEMENTS DISTRICT
BOZEMAN, GALLATIN COUNTY, MONTANA
1 C.O.S. 157 - REM TRACT
(FUTURE BRIDGER VALE SUB.) BRIDGER VALE LLC PO BOX 930 MANHATTAN MT 59741-0930 000RFH7935 299.90 281,920.32 $201,968.57 $0.72
2 C.O.S. 1221 - TRACT GL2
(EAST GALLATIN REC. AREA)
STATE OF MONTANA DEPT FISH WILDLIFE &
PARKS CAPITOL STATION HELENA MT 59620 00RFH24348 720.05 1,297,739.52 $484,919.88 $0.37
GALLATIN PARK
SUBDIVISION 1646.34 ($ 1,108,732.71 ) ($ - )
3 BLK 1, LOT 1 BONIFACE TONY 4645 BROADWAY UNIT A4 BOULDER CO 80304 00RFG44037 19950.48 $23,912.88 $1.20
4 BLK 1, LOT 2 SANDS LLC 317 GALLATIN PARK DR #2 BOZEMAN MT 59715-7909 00RFG44038 18469.44 $22,137.69 $1.20
5 BLK 1, LOT 4A GPL4 LLC PO BOX 1173 BOZEMAN MT 59771-1173 00RFG44039 46217.16 $55,396.43 $1.20
6 BLK 1, LOT 5 ACUFF MICHAEL 407 RYAN DR BOZEMAN MT 59715-9278 00RFG44041 23217.48 $27,828.75 $1.20
7 BLK 1, LOT 6 GFP DEVELOPMENT LLC 8653 BRIDGER CANYON RD BOZEMAN MT 59715-8250 00RFG44042 14026.32 $16,812.11 $1.20
8 BLK 1, LOT 7 GFP DEVELOPMENT LLC 8653 BRIDGER CANYON RD BOZEMAN MT 59715-8250 00RFG44043 14026.32 $16,812.11 $1.20
9 BLK 1, LOT 8 K C HARVEY ENVIRONMENTAL LLC 376 GALLATIN PARK DR BOZEMAN MT 59715-7909 00RFG44044 14026.32 $16,812.11 $1.20
10 BLK 1, LOT 9 CZC LLC 376 GALLATIN PARK DR BOZEMAN MT 59715-7909 00RFG44045 14026.32 $16,812.11 $1.20
11 BLK 1, LOT 10 SPRATT SCOT 384 GALLATIN PARK DR STE 201 BOZEMAN MT 59715-7909 00RFG44046 35152.92 $42,134.70 $1.20
12 BLK 1, LOT 11 DOUBLE S PROPERTIES LLC 384 GALLATIN PARK DR STE 201 BOZEMAN MT 59715-7928 00RFG44047 34978.68 $41,925.86 $1.20
13 BLK 1, LOT 12 OLD MARSH HOLDINGS LLC PO BOX 1167 BOZEMAN MT 59771-1167 00RFG44048 23261.04 $27,880.96 $1.20
14 BLK 1, LOT 13 BACKCHECK LLC MAIL TO: DENNIS STEINHAUER
PO BOX 1167 BOZEMAN MT 59771 00RFG44049 23391.72 $28,037.59 $1.20
15 BLK 1, LOT 14 M532MT LLC 301 GALLATIN PARK DR BOZEMAN MT 59715-7909 00RFG44050 23391.72 $28,037.59 $1.20
16 BLK 2, LOT 1 MEGASPACE 3202 E FOOTHILL BLVD PASADENA CA 91107-3109 00RFG44018 43167.96 $51,741.63 $1.20
17 BLK 2, LOT 2-A B & G DEVELOPMENT LLC 2370 ARNICA DR BOZEMAN MT 59715-1603 00RFG44019 83452.248 $100,026.85 $1.20
18 BLK 2, LOT 3-A TRIPLE S PROPERTIES LLC 384 GALLATIN PARK DR STE 101 BOZEMAN MT 59715-7928 00RFG44020 87712.416 $105,133.14 $1.20
19 BLK 2, LOT 4 REACH INC 322 GALLATIN PARK DR BOZEMAN MT 59715-7909 00RFG44021 21692.88 $26,001.34 $1.20
20 BLK 2, LOT 5 REACH INC 322 GALLATIN PARK DR BOZEMAN MT 59715-7909 00RFG44022 18817.92 $22,555.38 $1.20
21 BLK 2, LOT 6 REACH INC 322 GALLATIN PARK DR BOZEMAN MT 59715-7909 00RFG44023 18469.44 $22,137.69 $1.20
22 BLK 2, LOT 7A HC DEVELOPMENTS L L C PO BOX 1203 BOZEMAN MT 59771-1203 00RFG44024 36721.08 $44,014.32 $1.20
23 BLK 2, LOT 9 LOCK ENTERPRISES LLC 338 GALLATIN PARK DR BOZEMAN MT 59715-7909 00RFG44026 18556.56 $22,242.11 $1.20
24 BLK 2, LOT 10 KW & MW LLC 342 GALLATIN PARK DR BOZEMAN MT 59715 00RFG44027 18817.92 $22,555.38 $1.20
25 BLK 2, LOT 11 HERE4 PROPERTIES LLC 340 S LEMON AVE # 5327 WALNUT CA 91789-2706 00RFG44028 27312.12 $32,736.63 $1.20
26 BLK 2, LOT 12 HERE4 PROPERTIES LLC 340 S LEMON AVE # 5327 WALNUT CA 91789-2706 00RFG44029 87555.6 $104,945.17 $1.20
27 BLK 3, LOT 1 BRYAN VAN K 21 W BABCOCK ST BOZEMAN MT 59715-4662 00RFG44030 50442.48 $60,460.95 $1.20
28 BLK 3, LOT 2 WHITE THOMAS 3100 SENTINEL DR BOZEMAN MT 59715-8750 00RFG44031 18992.16 $22,764.23 $1.20
29 BLK 3, LOT 3 WHITE THOMAS 3100 SENTINEL DR BOZEMAN MT 59715-8750 00RFG44032 18992.16 $22,764.23 $1.20
30 BLK 3, LOT 4 WHITE TRUST LLC 3100 SENTINEL DR BOZEMAN MT 59715-8750 00RFG44033 19471.32 $23,338.55 $1.20
31 BLK 3, LOT 5 HITCHCOCK DAN & JULIE 322 W MENDENHALL ST BOZEMAN MT 59715-3447 00RFG44034 15202.44 $18,221.82 $1.20
PROP PER SQFT (3)
COUNT
LEGAL DESCRIPTION
OF PROPERTY OWNER NAME OWNER ADDRESS
ASSESSMENT
CODE
TOTAL PRINCIPAL
AMOUNT (2)
FRONT LINEAL
FOOTAGE (LF) AREA (SF)
175
EXHIBIT B 1/7/2019
LOT, PARCELS, AND TRACTS INCLUDED WITHIN THE DISTRICT/OWNERSHIP/ASSESSMENT METHODOLOGY AND AMOUNTS
MANLEY ROAD SPECIAL IMPROVEMENTS DISTRICT
BOZEMAN, GALLATIN COUNTY, MONTANA
PROP PER SQFT (3)
COUNT
LEGAL DESCRIPTION
OF PROPERTY OWNER NAME OWNER ADDRESS
ASSESSMENT
CODE
TOTAL PRINCIPAL
AMOUNT (2)
FRONT LINEAL
FOOTAGE (LF) AREA (SF)
32 BLK 3, LOT 6 BON TON PARTNERS LLC PO BOX 1082 BOZEMAN MT 59771-1082 00RFG44035 15202.44 $18,221.82 $1.20
33 BLK 3, LOT 7 GALLATIN PARK DRIVE LLC 395 GALLATIN PARK DR BOZEMAN MT 59715-7909 00RFG44036 20298.96 $24,330.57 $1.20
34 OPEN SPACE A GALLATIN PARK OWNERS ASSOCIATION
INC. 300 N WILLSON #400 BOZEMAN MT 59715 GPOPENMSTR
35 OPEN SPACE B GALLATIN PARK OWNERS ASSOCIATION
INC. 300 N WILLSON #400 BOZEMAN MT 59716 GPOPENMSTR
36 OPEN SPACE C GALLATIN PARK OWNERS ASSOCIATION
INC. 300 N WILLSON #400 BOZEMAN MT 59717 GPOPENMSTR
GLEN LAKE COMMERCE SUB. 1335.62 ($899,477.37)
37 BLK 1, LOT 1 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 9761 $49,729.81 $5.09
38 BLK 1, LOT 2 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 13267 $67,591.99 $5.09
39 BLK 1, LOT 3 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 16056 $81,801.24 $5.09
40 BLK 1, LOT 4 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 16664 $84,898.84 $5.09
41 BLK 1, LOT 5 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 15063 $76,742.16 $5.09
42 BLK 1, LOT 6 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 11615 $59,175.47 $5.09
43 BLK 1, LOT 7 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 9761 $49,729.81 $5.09
44 BLK 2, LOT 1 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 27156 $138,352.92 $5.09
45 BLK 2, LOT 2 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 7521 $38,317.58 $5.09
46 BLK 2, LOT 3 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 7521 $38,317.58 $5.09
47 BLK 2, LOT 4 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 7521 $38,317.58 $5.09
48 BLK 2, LOT 5 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 7521 $38,317.58 $5.09
49 BLK 2, LOT 6 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 7521 $38,317.58 $5.09
50 BLK 2, LOT 7 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 7521 $38,317.58 $5.09
51 BLK 2, LOT 8 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201 12081 $61,549.62 $5.09
52 BLK 2, LOT 9 (OPEN SPACE) GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201
176
EXHIBIT B 1/7/2019
LOT, PARCELS, AND TRACTS INCLUDED WITHIN THE DISTRICT/OWNERSHIP/ASSESSMENT METHODOLOGY AND AMOUNTS
MANLEY ROAD SPECIAL IMPROVEMENTS DISTRICT
BOZEMAN, GALLATIN COUNTY, MONTANA
PROP PER SQFT (3)
COUNT
LEGAL DESCRIPTION
OF PROPERTY OWNER NAME OWNER ADDRESS
ASSESSMENT
CODE
TOTAL PRINCIPAL
AMOUNT (2)
FRONT LINEAL
FOOTAGE (LF) AREA (SF)
MINOR SUBDIVISION NO. 154
53 LOT 2
(MERGENTHALER) MERGENTHALER FAMILY LLC 1414 N MONTANA AVE HELENA MT 59601-2962 00RFH34523 613.55 231521.4 $413,197.12 $1.78
MINOR SUBDIVISION NO. 154A
54 LOT 1B
(MAP BREWING) MAP BREWING COMPANY LLC 510 MANLEY RD BOZEMAN MT 59715-8784 00RFH65113 903.72 70567.2 $608,613.00 $8.62
55 PARCEL 3: PARK CITY OF BOZEMAN PO BOX 1230 BOZEMAN MT 59771-1230 00RFH65112 348.77 30796.92 $234,880.22 $7.63
MINOR SUBDIVISION NO. 385 140.00 ($ 94,283.43 )
56 LOT 1 DHEIN JUSTIN & MOYER KATHERINE 291 TURTLE WAY BOZEMAN MT 59715-8767 000RFH8782 5998.212 $15,929.85 $2.66
57 LOT 2 BLACKBURN JAMES W III 279 TURTLE WAY BOZEMAN MT 59715-8767 00RFH54980 7440.048 $19,759.03 $2.66
58 LOT 3 PICKENS JARRED & SATHER KELSEY 257 TURTLE WAY BOZEMAN MT 59715-8767 00RFH54981 7801.596 $20,719.22 $2.66
59 LOT 4 VARNAI CHRISTINE 563 BEAR CROSSING RD GALLATIN GATEWAY MT 59730-9641 00RFH54982 6908.616 $18,347.67 $2.66
60 LOT 5 WHEELER JACOB A 213 TURTLE WAY BOZEMAN MT 59715-8767 00RFH54983 7352.928 $19,527.66 $2.66
61 OPEN SPACE SUNFISH PARK COMMUNITY ASSOCIATION
INC. PO BOX 4480 BOZEMAN MT 59772-4480 MS385OPNSP
62
(1) Sec 31, T1S, R6E
BURLINGTON NORTHERN SANTA FE, LLC
LESSEE: MONTANA RAIL LINK 2650 LOUMENK DRIVE FORT WORTH TX 76131 215.57 445,517 $145,176.28 $0.33
63
(1) Sec 36, T1S, R5E
BURLINGTON NORTHERN SANTA FE, LLC
LESSEE: MONTANA RAIL LINK 2650 LOUMENK DRIVE FORT WORTH TX 76131 75.36 762,288 $50,751.42 $0.07
TOTALS 6,298.88 4,257,416.07 $4,242,000.00
(1) The platted front lineal footage for the Railroad Right-of-Way is as shown on the recorded plats. The property legal descriptions and areas are approximate.
(2) Payable in semiannual installments of principal and interest over the term of the bonds.
(3) In the event of future subdivision, the dollar amount per square foot of special assessments for properties subject to new subdivison, will be adjusted based on the square footage
of the subdivided property subject to assessment. If the total square footage subject to assessment
decreases as a result of future subdivision, the dollar amount of the special assessments per square foot will increase.
177
EXHIBIT C 1/7/2019
ENGINEER'S PROBABLE CONSTRUCTION COST
MANLEY ROAD SPECIAL IMPROVEMENTS DISTRICT
BOZEMAN, GALLATIN COUNTY, MONTANA
ENGINEER'S ENGINEER'S
ENGINEER'S ENGINEER'S UNIT TOTAL
ITEM DESCRIPTION QUANTITY UNIT PRICE PRICE
0001 Mobilization/Demobilization, Bonding, & Submittals (May not exceed 5%) 1 LS $175,000.00 $175,000
0002 Preparation, Implementation, & Administration of SWPPP 1 LS $25,000.00 $25,000
0003 Traffic Control 1 LS $200,000.00 $200,000
0004 Exploratory Excavation 1 LS $10,000.00 $10,000
0005 Miscellaneous Work 50,000 EA $1.00 $50,000
SUBTOTAL $460,000.00
1101 Existing Road Sign Salvage 19 EA $200.00 $3,800.00
1102 Existing Tree Relocation 10 EA $450.00 $4,500.00
1103 Existing Tree Removal 10 EA $600.00 $6,000.00
1104 Fence Removal 1100 LF $5.00 $5,500.00
1105 Topsoil Salvage & Re-Use (6" Assumed Thickness) 3,903 CY $22.33 $87,177.61
1106 Pavement Sawcut 506.3 LF $4.00 $2,025.04
1107 Asphalt Pulverization & In-Place Mixing w/Base Course 13,252.4 SY $5.00 $66,261.96
1108 Existing Curb & Gutter Removal & Disposal 392 LF $5.50 $2,156.00
1109 Existing Sidewalk Removal & Disposal 144 SY $18.00 $2,588.01
1110 Existing Asphalt Trail Removal & Disposal 575 SY $18.00 $10,352.03
1111 Excavation Above Subgrade - Native Soils 2,619 CY $15.00 $39,288.30
1112 Excavation Above Subgrade - Asphalt & Gravel 2,497 CY $15.00 $37,447.85
1113 Subexcavation/Replacement Below Subgrade 500 CY $53.00 $26,500.00
SUBTOTAL $293,596.80
1201 Asphalt (4" thick) 13,383 SY $18.00 $240,886.82
1202 Asphalt (3" thick) 1,333 SY $20.00 $26,664.46
1203 Base Course Gravel (1-1/2" Minus, 6" Thick) 2,966 CY $25.00 $74,151.40
1204.a Sub-Base (Salvaged Asphalt Millings & Gravel Mix) 2,470 CY $17.00 $41,990.00
1204.b Sub-Base Gravel (6" Minus) - Import 3,826 CY $20.00 $76,512.49
1205.a Embankment Placed from Onsite Material 6,523 CY $7.85 $51,203.16
1205.b Imported Non-structural Embankment 4,926 CY $7.85 $38,671.49
1206 Geosynthetic Fabric 17,796 SY $6.00 $106,778.02
1207 Curb & Gutter 7,276 LF $18.00 $130,974.58
1208 Median Concrete Curb Pin-Down 876 LF $20.00 $17,514.99
1209 Raised Median Concrete Cap (4" Thick) & Base 94 SY $47.00 $4,428.66
1210.a Mixed-Use Trail Asphalt (3" thick, 11' wide) 7,302 SY $15.00 $109,527.09
1210.b Mixed-Use Trail Base Course Gravel (1-1/2" Minus, 12" thick, 13' wide) 2,918 CY $25.00 $72,948.56
1211.a Pedestrian Ramp-COB Standard One Way 32 EA $800.00 $25,600.00
1211.b Pedestrian Ramp-COB Standard Two Way 2 EA $3,000.00 $6,000.00
1212 Valley Gutter 5,115 SF $13.00 $66,495.86
1213 Concrete Sidewalk Relacement 200 SF $6.00 $1,200.00
1214 Reinforced Concrete Drive Apron 5,261 SF $10.00 $52,609.62
1215 Topsoil Import 0CY $25.00 $0.00
1216.a Road Sign - R1-1 7 EA $200.00 $1,400.00
1216.b Road Sign - R2-1 6 EA $200.00 $1,200.00
1216.c Road Sign - R3-8b 1 EA $200.00 $200.00
1216.d Road Sign - R3-17 10 EA $200.00 $2,000.00
1216.e Road Sign - R4-7 2 EA $200.00 $400.00
1216.f5 Road Sign - R6-1 2 EA $200.00 $400.00
1216.g Road Sign - R7-1 6 EA $200.00 $1,200.00
1216.h Road Sign - D3-1 14 EA $200.00 $2,800.00
1217 Road Sign Post & Base 48 EA $200.00 $9,600.00
1218 Yellow Flex Delineator 9 EA $100.00 $900.00
1219.a Pavement Marking-Lane Symbol (White Thermoplastic) 20 EA $500.00 $10,000.00
1219.b Pavement Marking-Lane Word (White Thermoplastic) 4 EA $600.00 $2,400.00
1219.c Pavement Marking-Bicycle Symbol (White Thermoplastic) 30 EA $600.00 $18,000.00
1219.a Road Striping - 4" Wide Solid Yellow Epoxy Paint 3,825 LF $1.50 $5,737.50
EXHIBIT C 1/7/2019
ENGINEER'S PROBABLE CONSTRUCTION COST
MANLEY ROAD SPECIAL IMPROVEMENTS DISTRICT
BOZEMAN, GALLATIN COUNTY, MONTANA
ENGINEER'S ENGINEER'S
ENGINEER'S ENGINEER'S UNIT TOTAL
ITEM DESCRIPTION QUANTITY UNIT PRICE PRICE
1301 Valve Box Adjustment 10 EA $400.00 $4,000.00
1302 Fire Hydrant Adjustment - Horizontal 7 EA $2,800.00 $19,600.00
1303 Fire Hydrant Adjustment - Vertical 7 VF $1,100.00 $7,700.00
1308 Rigid Board Insulation, 4" Thick 400 LF $22.00 $8,800.00
SUBTOTAL $40,100.00
1401 SS Manhole Rim & Cover Adjustment 4 EA $500.00 $2,000.00
1402 Main - 36" dia. SDR35 PVC Pipe 950 LF $310.00 $294,500.00
1403 Manhole - 60" (Standard 5' Barrel Section) 4 EA $8,000.00 $32,000.00
1404 Manhole - Extra Vertical Feet 28 VF $600.00 $16,800.00
SUBTOTAL $345,300.00
1501 Storm Sewer Pipe - 12" PVC A-2000 250 LF $61.25 $15,312.50
1502 Storm Sewer Pipe - 15" PVC A-2000 200 LF $64.50 $12,900.00
1503 Storm Sewer Pipe - 18" PVC A-2000 1000 LF $68.00 $68,000.00
1504 Storm Sewer Pipe - 24" PVC A-2000 100 LF $70.00 $7,000.00
1505 Pipe Existing Ditch ~48" Class 5 RCP 950 LF $250.00 $237,500.00
1506 48" Storm Drain Manhole w/ Solid Storm Drain Manhole Cover 4 EA $4,333.33 $17,333.33
1507 48" Storm Drain Manhole and Combination Inlet 12 EA $4,500.00 $54,000.00
1508 Detention Pond Outlet Structure 1 EA $7,000.00 $7,000.00
1509 Detention Pond 1 LS $35,000.00 $35,000.00
SUBTOTAL $454,045.83
1601 Utility Culvert Crossing 12 EA $7,000.00 $84,000.00
1602 Reserved
SUBTOTAL $84,000.00
1701 4" SCH40 Irrigation Sleeve 32 EA $400.00 $12,800.00
1702 Mulching/Composting & Hydroseeding 12,181 SY $5.00 $60,907.32
1703 Reserved
SUBTOTAL $73,707.32
1801 Wetland Mitigation 1 LS $150,000.00 $150,000.00
1802 Reserved
SUBTOTAL $150,000.00
1901 Structural Pole Foundations 19.7 CY $1,200.00 $23,640.00
1902 Conduit, 2.0" PVC Trench 4,630.0 LF $12.00 $55,560.00
1903 Conduit, 4.0" PVC, Sleeve 50.0 LF $15.00 $750.00
1904 Conduit, 2.0" PVC, Push 600.0 LF $25.00 $15,000.00
1905 Pull Box, Composite Type 1 15.0 EA $515.00 $7,725.00
1906 Conductor, Copper, #8 AWG 11,120.0 LF $1.00 $11,120.00
1907 Conductor, Copper, #10 AWG, Lighting & Ground 8,700.0 LF $0.75 $6,525.00
1908 Light Std. 30' Mount (Type 10-A) 28.0 EA $2,800.00 $78,400.00
1909 Luminaire, (type 3S 72w LED) 28.0 EA $1,400.00 $39,200.00
1910 Single Type C - Power Supply 1.0 EA $3,500.00 $3,500.00
SUBTOTAL $241,420.00
Estimated Construction Total (Schedule 0 - III & V - IX ) $3,017,673.65
15% Contingency (Schedule 0 - III & V - IX ) $452,651.05
Construction Total + 15% Contingency (Schedule 0 - III & V - IX ) $3,470,324.70
2101 Engineering Design (7% of Construction + Contingency) 1 LS $241,895.72 $241,895.72
2102 Construction Staking, Testing, & Inspection (7% of Construction + Contingency) 1 LS $241,895.72 $241,895.72
2103 Bond Counsel & Administrative Fees (1% of Construction + Contingency) 1 LS $75,783.87 $75,783.87
2104 Contribution to State Revolving Fund (5% of SID Total) 1 LS $210,045.97 $212,100.00
SUBTOTAL $771,675.31
SID TOTAL = $4,242,000.00
SCHEDULE III - WATER IMPROVEMENTS
SCHEDULE IV - SANITARY SEWER IMPROVEMENTS*
SCHEDULE V - STORM SEWER IMPROVEMENTS
EXHIBIT D
LOT, PARCELS, AND TRACTS INCLUDED WITHIN THE DISTRICT/OWNERSHIP/ASSESSMENT METHODOLOGY AND AM
MANLEY ROAD SPECIAL IMPROVEMENTS DISTRICT
BOZEMAN, GALLATIN COUNTY, MONTANA
DLQ PROPERTY
TAXES
1 C.O.S. 157 - REM TRACT
(FUTURE BRIDGER VALE SUB.) BRIDGER VALE LLC PO BOX 930 MANHATTAN MT 59741-0930 000RFH7935 $0.00
2 C.O.S. 1221 - TRACT GL2
(EAST GALLATIN REC. AREA)
STATE OF MONTANA DEPT FISH WILDLIFE &
PARKS CAPITOL STATION HELENA MT 59620 00RFH24348 $0.00
GALLATIN PARK
SUBDIVISION
3 BLK 1, LOT 1 BONIFACE TONY 4645 BROADWAY UNIT A4 BOULDER CO 80304 00RFG44037 $749.52
4 BLK 1, LOT 2 SANDS LLC 317 GALLATIN PARK DR #2 BOZEMAN MT 59715-7909 00RFG44038 $0.00
5 BLK 1, LOT 4A GPL4 LLC PO BOX 1173 BOZEMAN MT 59771-1173 00RFG44039 $0.00
6 BLK 1, LOT 5 ACUFF MICHAEL 407 RYAN DR BOZEMAN MT 59715-9278 00RFG44041 $0.00
7 BLK 1, LOT 6 GFP DEVELOPMENT LLC 8653 BRIDGER CANYON RD BOZEMAN MT 59715-8250 00RFG44042 $304.25
8 BLK 1, LOT 7 GFP DEVELOPMENT LLC 8653 BRIDGER CANYON RD BOZEMAN MT 59715-8250 00RFG44043 $304.25
9 BLK 1, LOT 8 K C HARVEY ENVIRONMENTAL LLC 376 GALLATIN PARK DR BOZEMAN MT 59715-7909 00RFG44044 $0.00
10 BLK 1, LOT 9 CZC LLC 376 GALLATIN PARK DR BOZEMAN MT 59715-7909 00RFG44045 $0.00
11 BLK 1, LOT 10 SPRATT SCOT 384 GALLATIN PARK DR STE 201 BOZEMAN MT 59715-7909 00RFG44046 $0.00
12 BLK 1, LOT 11 DOUBLE S PROPERTIES LLC 384 GALLATIN PARK DR STE 201 BOZEMAN MT 59715-7928 00RFG44047 $0.00
13 BLK 1, LOT 12 OLD MARSH HOLDINGS LLC PO BOX 1167 BOZEMAN MT 59771-1167 00RFG44048 $0.00
14 BLK 1, LOT 13 BACKCHECK LLC MAIL TO: DENNIS STEINHAUER
PO BOX 1167 BOZEMAN MT 59771 00RFG44049 $1,329.45
15 BLK 1, LOT 14 M532MT LLC 301 GALLATIN PARK DR BOZEMAN MT 59715-7909 00RFG44050 $0.00
16 BLK 2, LOT 1 MEGASPACE 3202 E FOOTHILL BLVD PASADENA CA 91107-3109 00RFG44018 $0.00
17 BLK 2, LOT 2-A B & G DEVELOPMENT LLC 2370 ARNICA DR BOZEMAN MT 59715-1603 00RFG44019 $0.00
18 BLK 2, LOT 3-A TRIPLE S PROPERTIES LLC 384 GALLATIN PARK DR STE 101 BOZEMAN MT 59715-7928 00RFG44020 $1,608.07
19 BLK 2, LOT 4 REACH INC 322 GALLATIN PARK DR BOZEMAN MT 59715-7909 00RFG44021 $0.00
20 BLK 2, LOT 5 REACH INC 322 GALLATIN PARK DR BOZEMAN MT 59715-7909 00RFG44022 $0.00
21 BLK 2, LOT 6 REACH INC 322 GALLATIN PARK DR BOZEMAN MT 59715-7909 00RFG44023 $0.00
22 BLK 2, LOT 7A HC DEVELOPMENTS L L C PO BOX 1203 BOZEMAN MT 59771-1203 00RFG44024 $0.00
PROP
COUNT
LEGAL DESCRIPTION
OF PROPERTY OWNER NAME OWNER ADDRESS
ASSESSMENT
CODE
180
EXHIBIT D
LOT, PARCELS, AND TRACTS INCLUDED WITHIN THE DISTRICT/OWNERSHIP/ASSESSMENT METHODOLOGY AND AM
MANLEY ROAD SPECIAL IMPROVEMENTS DISTRICT
BOZEMAN, GALLATIN COUNTY, MONTANA
DLQ PROPERTY
TAXES
PROP
COUNT
LEGAL DESCRIPTION
OF PROPERTY OWNER NAME OWNER ADDRESS
ASSESSMENT
CODE
23 BLK 2, LOT 9 LOCK ENTERPRISES LLC 338 GALLATIN PARK DR BOZEMAN MT 59715-7909 00RFG44026 $0.00
24 BLK 2, LOT 10 KW & MW LLC 342 GALLATIN PARK DR BOZEMAN MT 59715 00RFG44027 $0.00
25 BLK 2, LOT 11 HERE4 PROPERTIES LLC 340 S LEMON AVE # 5327 WALNUT CA 91789-2706 00RFG44028 $0.00
26 BLK 2, LOT 12 HERE4 PROPERTIES LLC 340 S LEMON AVE # 5327 WALNUT CA 91789-2706 00RFG44029 $0.00
27 BLK 3, LOT 1 BRYAN VAN K 21 W BABCOCK ST BOZEMAN MT 59715-4662 00RFG44030 $0.00
28 BLK 3, LOT 2 WHITE THOMAS 3100 SENTINEL DR BOZEMAN MT 59715-8750 00RFG44031 $0.00
29 BLK 3, LOT 3 WHITE THOMAS 3100 SENTINEL DR BOZEMAN MT 59715-8750 00RFG44032 $0.00
30 BLK 3, LOT 4 WHITE TRUST LLC 3100 SENTINEL DR BOZEMAN MT 59715-8750 00RFG44033 $0.00
31 BLK 3, LOT 5 HITCHCOCK DAN & JULIE 322 W MENDENHALL ST BOZEMAN MT 59715-3447 00RFG44034 $0.00
32 BLK 3, LOT 6 BON TON PARTNERS LLC PO BOX 1082 BOZEMAN MT 59771-1082 00RFG44035 $0.00
33 BLK 3, LOT 7 GALLATIN PARK DRIVE LLC 395 GALLATIN PARK DR BOZEMAN MT 59715-7909 00RFG44036 $7,513.00
34 OPEN SPACE A GALLATIN PARK OWNERS ASSOCIATION
INC. 300 N WILLSON #400 BOZEMAN MT 59715 GPOPENMSTR
35 OPEN SPACE B GALLATIN PARK OWNERS ASSOCIATION
INC. 300 N WILLSON #400 BOZEMAN MT 59716 GPOPENMSTR
36 OPEN SPACE C GALLATIN PARK OWNERS ASSOCIATION
INC. 300 N WILLSON #400 BOZEMAN MT 59717 GPOPENMSTR
181
EXHIBIT D
LOT, PARCELS, AND TRACTS INCLUDED WITHIN THE DISTRICT/OWNERSHIP/ASSESSMENT METHODOLOGY AND AM
MANLEY ROAD SPECIAL IMPROVEMENTS DISTRICT
BOZEMAN, GALLATIN COUNTY, MONTANA
DLQ PROPERTY
TAXES
PROP
COUNT
LEGAL DESCRIPTION
OF PROPERTY OWNER NAME OWNER ADDRESS
ASSESSMENT
CODE
GLEN LAKE COMMERCE SUB.
37 BLK 1, LOT 1 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201
38 BLK 1, LOT 2 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201
39 BLK 1, LOT 3 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201
40 BLK 1, LOT 4 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201
41 BLK 1, LOT 5 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201
42 BLK 1, LOT 6 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201
43 BLK 1, LOT 7 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201
44 BLK 2, LOT 1 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201
45 BLK 2, LOT 2 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201
46 BLK 2, LOT 3 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201
47 BLK 2, LOT 4 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201
48 BLK 2, LOT 5 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201
49 BLK 2, LOT 6 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201
50 BLK 2, LOT 7 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201
51 BLK 2, LOT 8 GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201
52 BLK 2, LOT 9 (OPEN SPACE) GLEN LAKE HOLDINGS LLC PO BOX 1201 BOZEMAN MT 59771-1201
182
EXHIBIT D
LOT, PARCELS, AND TRACTS INCLUDED WITHIN THE DISTRICT/OWNERSHIP/ASSESSMENT METHODOLOGY AND AM
MANLEY ROAD SPECIAL IMPROVEMENTS DISTRICT
BOZEMAN, GALLATIN COUNTY, MONTANA
DLQ PROPERTY
TAXES
PROP
COUNT
LEGAL DESCRIPTION
OF PROPERTY OWNER NAME OWNER ADDRESS
ASSESSMENT
CODE
MINOR SUBDIVISION NO. 154
53 LOT 2
(MERGENTHALER) MERGENTHALER FAMILY LLC 1414 N MONTANA AVE HELENA MT 59601-2962 00RFH34523 $0.00
MINOR SUBDIVISION NO. 154A
54 LOT 1B
(MAP BREWING) MAP BREWING COMPANY LLC 510 MANLEY RD BOZEMAN MT 59715-8784 00RFH65113 $0.00
55 PARCEL 3: PARK CITY OF BOZEMAN PO BOX 1230 BOZEMAN MT 59771-1230 00RFH65112 $0.00
183
EXHIBIT D
LOT, PARCELS, AND TRACTS INCLUDED WITHIN THE DISTRICT/OWNERSHIP/ASSESSMENT METHODOLOGY AND AM
MANLEY ROAD SPECIAL IMPROVEMENTS DISTRICT
BOZEMAN, GALLATIN COUNTY, MONTANA
DLQ PROPERTY
TAXES
PROP
COUNT
LEGAL DESCRIPTION
OF PROPERTY OWNER NAME OWNER ADDRESS
ASSESSMENT
CODE
MINOR SUBDIVISION NO. 385
56 LOT 1 DHEIN JUSTIN & MOYER KATHERINE 291 TURTLE WAY BOZEMAN MT 59715-8767 000RFH8782 $0.00
57 LOT 2 BLACKBURN JAMES W III 279 TURTLE WAY BOZEMAN MT 59715-8767 00RFH54980 $1,871.70
58 LOT 3 PICKENS JARRED & SATHER KELSEY 257 TURTLE WAY BOZEMAN MT 59715-8767 00RFH54981 $0.00
59 LOT 4 VARNAI CHRISTINE 563 BEAR CROSSING RD GALLATIN GATEWAY MT 59730-9641 00RFH54982 $0.00
60 LOT 5 WHEELER JACOB A 213 TURTLE WAY BOZEMAN MT 59715-8767 00RFH54983 $0.00
61 OPEN SPACE SUNFISH PARK COMMUNITY ASSOCIATION
INC. PO BOX 4480 BOZEMAN MT 59772-4480 MS385OPNSP
62* Sec 31, T1S, R6E BURLINGTON NORTHERN SANTA FE, LLC
LESSEE: MONTANA RAIL LINK 2650 LOUMENK DRIVE FORT WORTH TX 76131
63* Sec 36, T1S, R5E BURLINGTON NORTHERN SANTA FE, LLC
LESSEE: MONTANA RAIL LINK 2650 LOUMENK DRIVE FORT WORTH TX 76131
TOTALS
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
I
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 199 PA GE 1
1
I
r"'
1
I
filM 186 PACf4596
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.
I
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
I
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
filM 186 PAt E4599
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
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
i...
fiLM 186 P~, CE4G.Ol
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
I
fILM 186 PACE4602
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
I
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.
Q Jv1~
f-S '
1"1 .f~ '
STATE OF /AU n1fe...}
ss
County of ~/
J~( , Ju, )
On thiSc:1SfJ1 : day of . 7Yl1rc-h , 19 7e, 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
eal) ~......... .............. ..... Nov. 18, 2000 l .. :: 331'~ f,..., C( 9"IJJJ/
ReSiding: . , Ch0JrA.rtJ ). '.
It
Commission Expires: AnJ.' / q 0< 00:0
TABLEROCK VENTURES, INC. ANNEXA nON AGREEMENT 207 PAGE 9
I
FILM ~ 86 D1r.t4604
FUND OF F NO
I II.; ,.
Uv1-b -
STATE OF ( A /lt~( t1~- a/ )
ss
County of '~
1~ C15 \i.i :
o n . .this ~ ) ~ ftJd of , In' CUe ~ , 19 , tl{} 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
Ul City NOTARY & County PUBLIC, of San CALIFORNIA ...
Franclaco ...
Seal) 1.. .,. ~ . .~ y.: om~. . EXP~
I8S N~~, 18, 2~ OOJ
CITY OF BOZEMAN
1
CLARK V. JOHNSON
Its City Manager
ATTEST:
X~
Clerk of the City Commission
STATE OF MONTANA
ss
County of Gallatin
i
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.
It t
fI, "
0'" .,.t~ '~) ,....~, > ,....., 6l' r.i_,tr " '<L-~'/
I
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
I
j
fILM 186 rACE4606
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.
n
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.sf' u- 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 rI) (,,,*,
Residing:? 13. j~G?fJ1C~/' 1) S' . C,41iJ< f!//
Commission Expires:, / l5' ~'<:jOJ :
STATE OFVllpli]fl
ss
County of, C1 ) 0( k'
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 ..~
Comm. # 1117363 1 014:/
NOTARY PUBLIC. CALIFORNIA Ul
City . C,"" ty of
S.. ,,,,,; uo t Notary Public for Jhe
State -..% a . c {',~' if
EXHIBIT " B"
fiLM 186 PACE4607
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.
TABLEROCK VENTURES, INC.
STATE 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:
f
fILM 186 PACE46Q8
FUND OF FUNDS
STATE 0F 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
212
l
I~ E'XHIB1~r " e" ,
I
fiLM 186 PACE4609
PUBLIC STREET AND UTILITY EASEMENT
TABLEROCK 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 ofwhich is
acknowledged, grants to The City
ofBozeman. a municipal corporation of the
State ofMontana, with offices
at 411 East Main, Bozeman, Montana 59771- 0640,
GRANTEE, its
successors and assigns, a perpetual street and
utility easement for the use ofthe 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
ofthis easement shall extend to and be binding upon
the
heirs, executors, administrators, personal representatives, successors, and assigns of the
parties
hereto.
Ii
c: \ wpdocs\forms\ strtform.eas 1
213
DATEDthis~ dayof ~ 19B2
FILM 186 P~ CE4610
GRANTOR TABLEROCK VENTURES, INC.
STATE OF ~
County of ~
ss.
On this ~ day 19~ before me the undersigned, a Notary
of _~
Public for the State of Montana personally appeared,
Laurence Vosti
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)
I .. to Oly S"...', ..
o '\ '"
11/"'
1 ,~i\
in~: l~~ rf ~
S E _, I', I'~ , J:." .:. . My Commission
Expires~ q I
2-0 . 0 I
ft ....- ,~'
7t' ('~
po'.'.
DATED thisldayof ~ 19.f1.
GRANTOR
STATEOF ~
I ss.
County of ~
On this ~ day of 199.1before me the undersigned, a Notary
Public for the State of Montana personally appeared,
Laurence Vosti
known to me to be the President of Fund ofFunds
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 ofFunds
IN WITNESS WHEREOF, I have hereunto set my
hand and affixed my
Notarial Seal the day
and year first above written.
i ~ SEWt~
s
I 7 .., {"
1 0' ~ y ,",
sy~ C" l -- .~:. j ;' '
r:r ,'. q, .;J.O .I ..()
1 " ,
1: (';~ ,.f\"
c:\ wpdocs\fonns\ strtfonn.eas 2
214
t
t
FllH 186 P~ CE4611
ACCEPTED:
r-CITY ~ bF IiOZEMAN J-:
by its City Manager
J~
Clerk of the City Commission
STATE OF MONTANA
ss.
County of Gallatin
yI'
On this / 7 day of l 199L, before me the undersigned, a Notary
Public for the State of Mon~~ , personally appeared
CLARK V. JOHNSON and ROBIN L.
SULLNAN, known to me to"b e City Manager and Clerk ofthe 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.
0"\
r;.
I"i';"':.f.... --;, '.
y '~.
A"") .'
SEJU.J ,). 7';:-
I>A... .. ;; 1'.'::.
r
1" t r- "Cl ,, ': i 1 h
i":'<' -_____
if, l' - 4. ,) ,,' tJ~l~Il-~
A 1r -'" j(,
a.rY Publie~ he State ofMontana
Residing a~ '--: ~ t/~/X~ ;
IL/.. _ " _
My ComrmsslO expIres
j;" J /5 }"' :
369058
State of Mont., County of Ga!nt1n. ! 55 FlIetl for record "___~
ULY _1.2.< .______, 19-8.9. ....
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
c:\ wpdocs\forms\ strtform.eas 3
215
J
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; thenceNorth 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.
216
L-.
EXHIBIT C- 2
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'
D
n
If)
THE AREA CON1A1NEO WITHIN THIS EASEMENT IS 3.560 ACRES
1988 I" N
C, O. S.
0
l
gj
b
0
z
Q
tk:
I
I
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
N EAST UNE Of SECTION
36
i
co I~
I" 1-
O!
Jl I
I?- l&
t~ N
0-1- 8
IJ)
III I.....
1-
0 b
P~ t,. 0 '
10 0
IZ
1-
b
d', I
0
2v~
Z
200' 400' 60'
MANLEY ROAD IBOZEMAN BUILDING TRADITIONS
ANNEXATION AGREEMENT
THIS AGREEMENT is made and entered into this 19th day
of 2005, by
December
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, and
mailing address at P.o. Box 1230,
Bozeman, Montana, 59771- 1230, hereinafter referred to as " City," andBozeman
Building Traditions,
P.O. Box 4480, Bozeman, Montana 59772, hereinafter referred to as " Landowner."
WITNESSETH:
WHEREAS, the Landowner is owner in fee of tracts of certain real
property, hereinafter referred
to as the " MANLEY ROAD ANNEXATION," situated in Gallatin County,
Montana, and more
particularly described as follows:
a:
lC
en....,:.:
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That part
of the SW% of Section 31, TIS, R6E, PMM, Gallatin County,
Montana, described as follows: commencing at the W% comer of said
Section 31; thence southerly
1770 45' 52", assumed azimuth from north,
299.9 feet along
the west line of the SW% ofsaid Section 31, to the point '
of?aZlmut eginnh . 3ing99 802ftfihe eet; prohPerty t ence to sou bethdelscrli7b7eod4; er t7~ e3n5~,e e~sterlhY 02807000406' fi48" Gl- 1 :.;.~._."'.,_
y aZlmut.
eet; \ ~: l=
thence westerly 2670
46' 48" azimuth 399.71 feet; thence northerly
3570 45' I .," \
52" azimuth 200.00 along said
development near and within the MANLEY ROAD 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 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 flied an application for annexation of the MANLEY ROAD ANNEXATION
with the City on October 28, 2004. The City, onJanuary 18, 2005,
adopted Resolution ofIntent to Annex
No. 3702 for the MANLEY ROAD ANNEXATION. By
execution of this Agreement,
the City
has
manifested its intention to annex the MANLEY ROAD ANNEXATION tract pursuant to the terms and
conditions of this Agreement. Subject to the provisions
ofTide 7, Chapter
2, Part 43, the City
shall, upon
execution of this Agreement, adopt a Resolution of Annexation of the MANLEY ROAD
ANNEXATION to the City.
Further, upon
the execution of this 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 Agreement
and effectuate the annexation of the MANLEY ROAD ANNEXATION tracts to the
City.
3. Services Provided
The City
will, upon
annexation, make available only existing City
services to the extent currendy
available, including municipal water service, municipal sewer service, police protection,
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 MANLEY ROAD ANNEXATION to include, but not
limited to, any impact
fees, hook-up,
connection, or development charges which
may be established
by
the City. Upon
annexation and upon availability
of service, the existing
residence on the property must be
connected to City water. Any wells
presently used for domestic
purpose can be retained for irrigation only
with no physical connection to domestic water piping.
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 the extension of lines
or construction of necessary improvements at any
cost to the
City for collection of
sewage at and within the MANLEY ROAD 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 MANLEY ROAD ANNEXATION to
include, but not limited to, any impact
fees, hookup,
connection, or development charges which
may be
established by
the City. Upon
annexation and upon availability
of service, the existing
residence on the
property must be connected to City sewer utilities. The existing on-site treatment systems
must be
properly abandoned and certification
provided the abandonment occurred.
6. Water Rights
The parties acknowledge
The Landowner shall provide
sufficient cash-in-lieu as calculated by
the City
in accordance with its
policy at the time of calculation. The Landowner further understands that the City
will calculate the
average annual diversion
requirement necessary
to provide water to this annexation tract on the basis of
the zoning designation
and/ orCity-approved development for the
property at the time such calculation is
made.
7. Comprehensive
Water and Sewer Design Report
Prior to development of the
subject annexation, the
applicant's engineer will be
required to
prepare a comprehensive design report evaluating the
existing capacity of both the
water and sewer
utilities. The report
must include hydraulic
evaluations of each utility
for both existing
and post
development demands. The
report findings must demonstrate that adequate capacity
is available to serve
full development
of the annexation area. Ifadequate water and/ or sewer capacity is not available for the
full development,
the report
must identify the water and sewer system improvements required to provide
the necessary capacity. Any improvements necessary
to serve the full development must be in place prior
to further development
of the site. The Landowner agrees
to complete at Landowner' s expense, the
necessary system improvements to serve the full development.
8. Future Development
and/ or Subdivision
Landowner understands and agrees
that there is no right, either
granted or implied by the
City, for
the Landowner to develop any of the MANLEY ROAD ANNEXATION 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 MANLEY ROAD ANNEXATION. The Landowner is
hereby on notice of the
following requirements upon further
development or subdivision of the MANLEY ROAD
ANNEXATION:
a) The annexation agreement
Street because the streets close proximity to the East Gallatin Rec. Area.
e) A public access easement of 60 feet will be required
for the construction of the new
street.
f) Plans and
specifications for
any water, sewer and/ or storm sewer main extensions, and
Public or Private Streets ( including
curb, gutter &
sidewalks) prepared by a Professional
Engineer (PE) shall be
provided to and approved by
the City Engineer.
Water and sewer
plans shall also be
approved by the Montana
Department of Environmental
Quality. The
applicant shall also
provide Professional
Engineering services for construction
inspection,
post-construction certification, and
preparation of
mylar record
drawings. Specific
comments regarding the
existing and
proposed infrastructure shall be
provided at that time.
Construction shall not be initiated on the public
infrastructure improvements
until the
plans and
specifications have been
approved and a pre-construction conference has been
conducted. No building permits
will be issued prior to City acceptance of the
infrastructure improvements.
g) In the event the
property contained within the annexation is subdivided, the
property
shall be subdivided into five ( 5) parcels complying
with R-l zoning prior to any
development. No further subdivision shall be allowed. No
more than five (5) dwelling
units shall be allowed within the annexation and this restriction shall be noted on the
subdivision plat.
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 is
one existing residence on the property.
At the time of annexation, the landowners shall pay
all street and
court's decision shall be held in escrow until a revised Chapter
of the Code is enacted after the Court's
decision.
At the 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 of MANLEY ROAD ANNEXATION
to municipal services which
are wholly
attributable to the property are " project related
improvements" as deftned in Chapter
3.24, Bozeman
Municipal Code, or as amended, and as such, are not eligible for
impact fee credits.
If Landowners default on this condition at the time such is to be performed,
and should default
not be remedied 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 waiver of any subsequent
default.
d) It is agreed
that it shall be no defense to the enforcement of this provision by
the 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
11. Traffic Analysis Report
If required by
the Engineering Department,
the landowner shall provide a detailed Traffic Analysis
Report(s) at the time of future development
of any portion
of the annexed property.
12. Waiver of Right-to-Protest Special Improvement
Districts
Landowner has executed a Waiver ofRight-to-Protest Creation of Special Improvement
Districts
for street improvements, including but
not limited to: paving, curb,
gutter, sidewalk, and
storm drainage
improvements to Manley 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. Right-
of-Way
Easement for Future Roadways
Landowner has dedicated, by
written easement, the following
land to the City
ofBozeman, which
represents the Landowner's proportionate share of the
necessary right-of-
way:
a. The applicants
shall submit an easement for 15 additional feet of right-
of-way along
Manley Road.
Manley Road is
designated as a Future Collector and requires
90 feet
of Right
ofWay.
Said easements will be flied with the Gallatin County
Clerk and Recorder at the time this Annexation
Agreement is filed.
14. Utility Easements
Landowner understands and agrees
that utility easements, a minimum of30 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 ftling
of any
final plat or site plan or issuance of a
building permit on any of the
parcels.
15. Ditch Easements
Landowner understands and agrees
that if the onsite ditch is used as an agricultural water user
facility or for some other purpose including
overflow or drainage, appropriate easements shall be filed
prior to annexation in accordance with Section 18.42. 060 " Easements."
16. Wetlands
Landowner understands and agrees
that, prior to annexation, boundary
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. 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 entided 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 ifsuchinvalidorunenforceable
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 undersigned
Landowners affirms that they
have authority to enter into this Agreement on
behalf of their partnership,
and to bind the partnership to this Agreement.
INWITNESSWHEREOF, the parties
hereto have caused this Agreement to be executed the
day and
year ftrst above written.
co~
Edward C. Adamson
Bozeman Building
Traditions
STATE OF MONTANA )
ss.
County of Gallatin )
On this "') 31VJ day of vY1~ ' 2005, before me, the undersigned, a
Notary Public for the State ofMontana~
sonally appeared Edward C. Adamson. known to
me to be
the president
ofBozemanBuilding
Traditions, the corporation
that executed the within instrument, and
acknowledged to me that he executed the same for and on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set
my hand and afftxed
my Notarial Seal the
day
and year
ftrst above written.
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dA#l.fi:(r () ~ NameHere)
Notary Public or the State of Montana
Residing at
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I MANLEY ROAD ANNEXATION, #A-04016
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CITY OF BOZEMAN
ATTEST: ~^,'
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County of Gallatin )
ss,
On this 19th day
of Decemb~ r :
ttvu' ~<f.051. befor~ me, a Notary Public for
the state ofMontana, personally appeared
@ffriS'k~ isMand Roi5m Sullivan, known to me to the
persons described in and who executed the
foregoing instrumenl\fsycIij
Manager and Clerk of the
Ci1;y 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 Notarial Seal the
day
and year
fIrst above written,
Seal)
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IMANLEY ROAD ANNEXATION, #A-04016
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EXHIBIT A
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
MANLEY ROAD ANNEXATION
The undersigned owners of the real property
situated in the County
of Gallatin, State of
Montana, and more particularly described as follows:
That part
of the SW% of Section 31, T1S, R6E, PMM, Gallatin County,
Montana, described as follows: commencing at the W% comer of said
Section 31; thence southerly
1770 45' 52", assumed azimuth from north,
299.9 feet along
the west line of the SW% ofsaid Section 31, to the point
of beginning
of the property
to be described; thence easterly
0870 46' 48"
azimuth 399.82 feet; thence southerly
1770 47' 35" azimuth 200.00 feet;
thence westerly
2670 46' 48" azimuth 399.71 feet; thence northerly 3570
45'
52" azimuth 200.00 along
said west line to the point
of beginning.
IN CONSIDERATIONofreceiving approval
for annexation of the subject property
from the City
ofBozeman, along
with accompanying rights
and privileges
and for other and valuable consideration, the
receipt ofwhich is
hereby acknowledged, and in
recognition of the
impact to Manley Road, 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
including but not limited to the
following improvements: paving, curb,
gutter,
sidewalk, and storm drainage improvements, 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 improvement districts which would include the above~described
property.
In the event the Special Improvement
Districts are not utilized, we agree to participate in an
alternate financing
method for completion
The terms, covenants and provisions
of the Waiver shall extend to, and be binding upon
the
successors- in-interest and assigns
of the parties
hereto.
DATEDthi~ tYOf / flf!aCj/ . f
STATE OF MONTANA )
ss.
2005.
ward C. Adamson
Bozeman Building
Traditions
County of Gallatin )
On this;l~ ( day of yYJ' ~ , 2005, before me, the undersigned, a
Notary Public for the State of Mon~
personally appeared Edward C. Adamson. known to
me to
be the president
of Bozeman Building
Traditions, the corporation
that executed the within
instrument, and acknowledged to me that he executed the same for and on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set
my hand and afftxed
my Notarial Seal the
day and
year fIrst above written.
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I MANLEY ROAD ANNEXATION, #A-04016
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Residing at n2~
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EXHIBIT B
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL PARKS MAINTENANCE DISTRICTS
MANLEY ROAD ANNEXATION
The undersigned owners of the real property
situated in the County
of Gallatin, State of Montana,
and more particularly described as follows:
That part
of the SW1f4 of Section 31, T1S, R6E, PMM, Gallatin County,
Montana, described as follows: commencing at the W1f4 corner of said
Section 31; thence southerly 1770
45' 52", assumed azimuth from north,
299. 9 feet along
the west line of the SW1f4 of said Section 31, to the point
ofbeginning
of the property
to be described; thence easterly
0870 46' 48"
azimuth 399.82 feet; thence southerly 1770 47'
35" azimuth 200.00 feet;
thence westerly 2670 46' 48"
azimuth 399.71 feet; thence northerly
357045'
52" azimuth 200.00 along
said west line to the point
of beginning.
IN CONSIDERATION ofreceivingapproval
for annexation of the subject property
from the City
ofBozeman, 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 on the City' s park facilities
and the need 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 Parks
Maintenance District, or to make any
written protest against
the size or area or creation of the district
to be assessed in response
to a duly passed resolution of intention
to create one or more special parks
maintenance or improvement districts.
In the event City-wide Parks Maintenance or Special Improvement Districts ate not utilized for the
City-wide
park maintenance, 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
The terms, covenants and provisions
of the Waiver shall extend to, and be binding upon
the
successors- in-interest and assigns
of the parties
hereto.
1
f~_
DATED thisAlaayof (I'\\fr\~ . 2005.
son
Bozeman Building
Traditions
STATE OF MONTANA )
ss.
County of Gallatin )
On this .1Wdayof :, 2005, before me, the undersigned, a
Notary Public for the State of Montan ,
personally appeared Edward C. Adamson, known
to me to
be the president
of Bozeman Building
Traditions, the corporation
that executed the within
instrument, and acknowledged to me that he executed the same for and on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my
hand and affIxed my
Notarial Seal the
day and
year ftrst above written.
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I MANLEY ROAD ANNEXATION, #A-04016
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233
Inter-office Original to:
CityofBozeman
CityClerk
PO Box 1230
Bozeman MT 549771-1230
/ 2634481
Page:1 of 21 12/21/2019 09:47:05AM Fee $147.00
CharlottMeills- Gallatin
County,MT MISC
BRIDGER VALE
ANNEXATION AGREEMENT
THIS AGREEMENT made and enteredintothis day
of tax y- ,2018,
by and between the CITY OF BOZEMAN,
a self-governingmunicipal corporationorganized
and
existingunder itsCharterand the laws of the Stateof Montana with officesat 121 N. Rouse Avenue,
Bozeman, Montana 59771-0640,hereinafter referredtoas
"City",and BRIDGER VALE LLC,
PO BOX
930, Manhattan,Montana 59741-0930, hereinafter
referredto as "Landowner."
WITNESSETH:
WHEREAS, Landowner isowner infeeofatractofrealproperty,
hereinafter referredto asthe
BRIDGER VALE ANNEXATION situatedin GallatinCounty, Montana, and more
particularly
describedas follows:
Remaining TractGLR-1 ofCertificatoefSurvey
No. 157 asshown on Certificate of Survey
No. 1221,locatedintheSouthwest
Quarterof Section31,Township
1 South,Range 6 East
of P.M.M., Gallatin
County, Montana.
Area =
282,687 squarefeet,6.4896 acresor
26,262.5squaremeters.
Subjectto existing
easements.
Metes and Bounds
BridgerVale Annexation
Agreement 1
234
Beginning atthe West Quarter
Corner of Section31,Township
1 South,Range 6 East of
P.M.M.; thenceeasterly088030'20",
assumed azimuth from north,709.72 feet
along the
northlineofsaidTractGLR-1; thence
along the boundary
of saidTractGLR-1 on the
followingcourses:southerly
177022'56"azimuth 306.00 feet;southeasterly144043'11"
azimuth 219.64 feet;westerly
267o46'48" azimuth 431.13 feet;northerly
357044'23"
azimuth 199.65 feet; westerly 267046'48" azimuth
399.87 feet;thence
northerly
357'41'37"azimuth 299.39 feetalong
the west lineof saidTractGLR-1 to the Pointof
Beginning;and
WHEREAS, theLandowner petitioned
the Cityforannexationtothe
Cityofsaidtractofland;
and
WHEREAS, theBRIDGER VALE ANNEXATION isnotwithinthecorporate
limitsoftheCity
or othermunicipalityand
may thereforebe annexed tothe
Cityinaccordancewiththeprovisions
ofthis
Agreement and Title7,Chapter
2,Part46,Mont. Code
Ann.; and
WHEREAS, the partiesrecognize
the annexationof the BRIDGER VALE ANNEXATION
pursuant to Section 7-2-4601,
et seq., Mont. Code
Ann. will allow the BRIDGER VALE
ANNEXATION to connecttoand utilizCeity services,includingmunicipal
water and sewer service,
parksand recreation,
fireand policeservices,
and theCity'stransportatiosnystem;and
WHEREAS, Section7-2-4610,
Mont. Code Ann. provides
thata municipalityand landowner
may agreetotheprovisions
of servicestotheareatobe annexed;and
WHEREAS, thepartiesrecognizedevelopment
on theBRIDGER VALE ANNEXATION will
impact area parks,
recreation,transportation, sewer,water,police,
and fireservices,and thatfuture
improvements may require Landowner to make public
infrastructuriemprovements including
transportation and otherimprovements
fortheprovisionsof
parks,recreation, sewer,water,police,and
fireservices;and
BridgerVale Annexation Agreement
WHEREAS, the Landowner findsthis
Agreement will
provideforthemost satisfactory
and
dependable water supply
and sewer supply or
service,and providetransportation,parks,recreation,
policeand fIreservicefordevelopment
of theBRIDGER VALE ANNEXATION; and
WHEREAS, theparties
have determinedthatitisinthebestinterestosftheCity
and Landowner,
and infurtheranceofthepublichealth,safety
and welfareofthecommunity
toenterintoand implement
thisAgreement.
WITNESSETH:
IN CONSIDERATION of the mutual covenantsand agreements
hereincontained,the
parties
heretoagreeasfollows:
1. Recitals
The above recitals aretrueand correct.
2. Annexation
The Landowner filedan application
forannexationof the BRIDGER VALE ANNEXATION
with theCityon
May 10,2017. By
executionofthisAgreement, the
Citymanifestsitsintenttoannex
the BRIDGER VALE ANNEXATION tractpursuantto the
terms and conditionsof thisAgreement.
Subjecttotheprovisions
of Title7,Chapter2,
Part46,Mont. Code Ann. the
Cityshall,upon execution
ofthisAgreement,adoptaResolutionofAnnexationoftheBRIDGER
VALE ANNEXATION. Further,
upon theexecutionofthisAgreement,
theLandowner shalldo allthingsrequiredby
thisAgreement
and
allthingsnecessary
and proper to aid and assistthe
City in carrying
out the terms,conditionsand
provisionsof this
Agreement and to effecttheannexationoftheBRIDGER VALE ANNEXATION.
BridgerVale Annexation Agreement
3
236
3. ServicesProvided
The City will,upon annexation,
make availableto the BRIDGER VALE ANNEXATION
existingCityservicesonly
totheextentcurrentlyavailable,or as
providedinthis
Agreement.
4. Municipal
Water ServiceDefined
The term "municipalwater service"as isused in
thisAgreement shallbe the servicewhich is
suppliedby theCity
inaccordancewithChapter40,Article
2,Bozeman MunicipalCode,
as amended,
as wellasany othertermsand conditionswhich
applytotheCity'sprovision
of municipal
waterservice
but does not includethe extensionof linesor constructioonf necessaryimprovements at
any costtothe
City for delivery
of water to and within the BRIDGER VALE ANNEXATION. Nothing in this
Agreement shallobligate
the City to
pay for
right-of-wayacquisition, engineering,construction,and
othercostsforthedelivery
of watertoorwithinthe BRIDGER VALE ANNEXATION to include,but
not limitedto,any impact fees,hook-up,connection,
or development chargeswhich
have been or may
be establishebdy the
City.
5. Municipal Sewer ServiceDefined
The term "municipalsewer service"as isused inthis
Agreement shallbe the servicewhich is
suppliedby the City
in accordancewith Chapter 40,Article
3,Bozeman MunicipalCode,
as amended,
as wellasany othertermsand conditionswhich
applytothe
City'sprovisionofthisservicebutdoesnot
includethe extensionof linesor constructionof necessaryimprovements
at any costto the
City for
collectioonf sewage
atand withintheBRIDGER VALE ANNEXATION. Nothing
inthisAgreement
shallobligatethe
Citytopay
forright-of-wayacquisition, engineering,construction, and other
costsfor
thecollectioonfsewage
servicesto or withintheBRIDGER VALE ANNEXATION toinclude,butnot
limitedto,any impact fees,hookup,
connection,or development charges
which may be established
by
6. Water Rights
The Landowner recognizesand
agreestheLandowner must
providewaterrights
or cash in-lieu
of water rightsupon further
development or subdivisionof the
propertyin accordancewith Section
38.410.130,Bozeman Municipal
Code. The Citywill
calculatethe amount of water rightsor cash-in-
lieuthereofdue atthe time of furtherdevelopment or subdivisionof the
propertybased on the annual
demand forvolume of water the development
willrequiremultipliedby the most currentannual unit
priceineffecton thedatethewater
rightsaretransferreodrpayment-in-lieu
ofwaterrightsistobe made
to the City.As
such,the Landowner acknowledges
thatthe ratesforcash in-lieuof water rightsmay
increaseover time as establishebdy Resolutionof the
CityCommission. The applicant
must perform
a
water rightssearchto determineif
any existforthe
property.The Landowner must transferany
water
rightsthatexistforthis
propertytotheCity
ofBozeman priorto
development.Ifinsufficient water
rights
exist,theLandowner must pay
cash in lieuof water rights,in
an amount determinedby theDirectorof
PublicService,prior
to development.
7. Comprehensive Water and Water
Design Report
Priortofuturedevelopmentofthe
propertytheCitymay require
theLandowner tohave prepared
by a ProfessionalEngineer,
at Landowner's soleexpense,a
comprehensive designreportevaluating
existingcapacityof sewer and water utilities inthearea.The
reportmust include
hydraulicevaluations
ofeachutilitfyorboth
existingand post-development
demands, and thereportfindings
must demonstrate
adequatecapacitytoservethefull
development of the land. If
adequate infrastructure capacity
isnot
availableforthe proposed development,
thereportmust
ANNEXATION tocomplete,atLandowner's
expense,thenecessarysystem improvements
to servethe
proposed development.
8. Future Development Limitations
The Landowner shallbe responsiblefor
installing allfacilities required
toprovidefull
municipal
servicestotheproperty
inaccordancewiththeCity'sInfrastructuMraesterPlansand all
Cityregulations,
policiesand
guidelinesthatmay
be ineffectatthetime of any
futuredevelopment. Thus, Landowner
understandsand agreesLandowner has no
right,eithergranted
or implied,for
itto furtherdevelop any
of the BRIDGER VALE ANNEXATION untilitisverifiedby
the City
thatthe necessarymunicipal
services,includingbut not limitedto
policeand fire
protection, parksand recreation,
transportation, and
sewer and water capacity,are availableto allor a
portionof the BRIDGER VALE ANNEXATION.
Notice isthusprovided
to the Landowner thatprior
to additionaldevelopment of the
property,the
Landowner will be solelyresponsiblefor
installing, at Landowner's sole expense,any
facilities or
infrastructure required
to provide
fullmunicipalservicestothe
BRIDGER VALE ANNEXATION in
accordancewiththeCity'sinfrastructure
plans,adoptedGrowth Policies/Community
Plans,and allother
cityregulations, policiesand guidelines
thatmay be in
effectatthetime of development.
9. Stormwater Master Plan
Landowner understands and agrees a Stormwater
Master Plan for the BRIDGER VALE
ANNEXATION fora system designed
toremove solids,oils,grease,and other
pollutantfsrom therunoff
from publicstreetasnd other
impermeable surfacesmay
be required
tobe providedto and
approved by
the City Engineer at the time of
any futuredevelopment.
The plan must demonstratethat
capacitycalculations.The
plan must alsolocateand provide
easements foradequatedrainageways
withintheBRIDGER VALE ANNEXATION to transporttreatedrunoffto the stormwater
receiving
channel. The plan shall include site
grading and elevation information,
typical stormwater
detention/retention basin and dischargestructure
details,basin sizingcalculations,
and stormwater
maintenance plan.Landowner
recognizesthe City may require
such Stormwater Master Plan to be
implemented in allor part
as a conditionof approval of
development of the BRIDGER VALE
ANNEXATION.
10. Waiver ofRight-to-ProtestSpecialDistricts
A. Landowner must executea Waiver of Right-to-Protest Creationof
SpecialDistrictfsor
themaintenanceofany parks
withinthe annexed areaand/orof a City-widepark,trails,
or open space
district.The Landowner agrees
such districwtill provide
a mechanism for the fairand equitable
assessmentof maintenance costsforparksservingthe
development. The waiver isattachedheretoas
Exhibit"A" and ishereby incorporatedinand made a
partof thisAgreement.
B. Landowner shallexecutea Waiver of Right-to-Protest Creationof
SpecialImprovement
District(sSID) forstreetand
transportation improvements includingdesignand engineering,paying
and
subsurfaceimprovements,curb and
gutter,sidewalkand stormwaterdrainage
facilities, and fiberoptic
conduitforManley Road,
Eastand West GriffinDrive and signalization improvements
forthefollowing
intersections: Manley Road and East Griffin
Drive,North 7thAvenue and West Griffm Drive,
East
GriffinDrive and Bridger Drive, and railroad
crossing improvements on E. GriffinDrive. The
Landowner agreessuch a
SID(s) willprovide
a mechanism forthe fairand equitableassessmentof
constructionand maintenance costsforsuch improvements.
The waiver isattachedheretoas Exhibit
"B" and ishereby incorporatedinand made
a part
of thisAgreement.
BridgerVale Annexation Agreement
7
240
C. Landowner agreesthatinthe event a SID isnot utilizedfor
the completion of these
improvements as describedin subsectionsA and B
above, the Landowner shallparticipate
in an
alternative financing
method forthecompletionofsaid
improvements on a fairshare,proportionate
basis
asdeterminedby
theCityon thebasisofthe
squarefootageofproperty,taxablevaluationofthe
property,
trafficcontributiofnrom thedevelopmentoracombination
thereof.
11. Public Streetand UtilityEasement
The Landowner understandsand agreesthata
publicstreetand utility
easement must be provided
forthatportionof
Manley Road adjacent
to the propertyboundary
and 45 feetfrom the centerlineof
Manley Road and to the east;
and a minimum 60-footwide public
streetand utilities easement from
Manley Road totheEastGallatin.Recreation Area.The Landowner,
atitssoleexpense,has createdsuch
an easement ina locationand form agreeable
to the City
and the easement willbe filedattheGallatin
County Clerk and Recorder'sOfficeprior
to or simultaneously
with theannexationagreement.
12. Transportation Improvements
The Landowner understandsand agreesthatatthetime of future
development the
portionof
Manley Road and itsrelated
transportation infrastructure fronting
theBRIDGER VALE ANNEXATION
to includetheaccessroadfrom Manley
Road totheEastGallatinRecreationArea must be improved
to
a Citystandard.
13. Impact Fees
Landowner acknowledges thatannexationand
development of their
propertywillimpact
the
City'sexistingstreet, water and sewer infrastructure,
and the City'sfireservice.As
approved by the
City,Landowner and itssuccessorsmust pay:
A) Fireimpact
feesequal
totheamount per Chpt.2,Art.6.Div. 9
BMC, orasamended,
at
time of issuanceof a buildingpermit.
C) Water impact
feesasrequiredby Chpt.2,Art.6.Div.9
BMC, orasamended, atthetime
of connectiontocitywaterservices.
D) Sewer impact
feesas requiredby Chpt.2,Art.6.Div. 9
BMC, orasamended,
atthetime
of connectionto citysewer services.
The amount of impact feetheLandowner or
itssuccessorsmust pay forconnectiontothe
city's
water and sewer services,if
any,shallbe calculatedbased on the
provisionsoftheBozeman Municipal
Code, as amended,
ineffectatthetime of application
fora permit
to connect. The amount of streetor
fireimpact feestobe
paid,if
any,shallbe calculatedbased on the
provisionsoftheBozeman Municipal
Code, as amended,
ineffectatthetimean applicationfor
buildingpermitissubmitted.
Landowner furtherunderstandsand agreesthat
any improvements, eitheron-siteor off-site,
necessarytoprovide
connectionoftheBRIDGER VALE ANNEXATION municipal
servicesand which
are wholly attributable to the
propertyas determined exclusivelyby
the City are considered
"project
relatedimprovements" as
definedinChapter2,
Article6, Division9,
Bozeman Municipal Code, as
amended, and as such,arenot
eligiblfeorimpact
feecredits.
IfLandowner defaultson thisconditionatthetime such isto be performed,and shoulddefault
not be remedied or correctedwithinthirty(30)days after
writtennoticeby City
to theLandowner and
Landowner/Developer of such default,Citymay
atitsoption:
A) Declaretheamounts owing
forimpact fees
immediatelydue and payable
and the
Cityshallhavetheright
and privilegetotake
legalaction
againstLandowner for
thecollectioonfsuch sum, includingthe
entryof any judgment.
In addition,the
Citymay, atitsoption,
15. InstitutionaClontrols
The partiesrecognizethe
presence of the former East GallatinLandfill,
alsoknowns as the
Bozeman Old CityLandfill,a closed
landHlllocatedon property
owned by the
Citytotheeast-southeast
of theBRIDGER VALE ANNEXATION TractsGL-2, COS
1221,inthenorthwestquarter
ofSection31,
TIS, R6E, PMM, GallatinCounty,
Montana and agree institutional controlsare
necessaryto mitigate
potentialimpacts to any
futuredevelopment and residentsthat
may resultfrom the locationof the
Landfillrelativeto the BRIDGER VALE ANNEXATION. As such,the Landowner
recognizesthe
Landowner must,as
providedherein,requiretheinstallatioofnsub-slab
vapor mitigationsystemsinthe
constructioonfallstructureasndensurethesystemsaremaintainedin
good working conditionuntilsuch
time asmay be
agreedupon by the
City.The Landowner alsoagrees
toallowtheCitytoinstall
soil,soil
vapor,and groundwater monitoring
wells or probes
in locationsto be determined upon approval
of
development on the
Propertyand to allow the
City accessto such wellsor probes
formonitoringand
maintenance as provided
in the declarationof institutional controlsrequiredpursuantto Section15.c
below.Landowner furtheragrees
tomake availableallsuch monitoring
dataregarding
thesub-slabvapor
mitigationsystems to the City
and the Montana Department of Environmental
Quality(MDEQ) if
requestedby MDEQ. Landowner agrees
itmust preparea
Sampling and Analysis
Plan (SAP)
forthe
sub-slabvapor mitigationsystems prior
to finalapproval
of any development
on the propertyfor
approvalby the
City..The Landowner must require
the same of itssuccessorsininteresitncludingany
establishedpropertyowners association.These institutional controlsincludebut are not
necessarily
AnalysisPlan (SAP) preparedby
theLandowner and approved by the
Citypriortofinalapproval
of any development on theBRIDGER VALE
ANNEXATION.
b. Institutional controlsmust be of recordwith the GallatinCounty
Clerkand Recorder at
thetime offiling
ofthisAnnexation Agreement.Additionalinstitutional controls
may be required
through subdivisionand zoning
review processes.All institutional controlsmust be a
partof
requiredcovenantsduring
subdivisionand/orzoning review,includethe
Cityasaparty
to such
covenants,and be of record and binding
on allpurchasersof
propertywithintheBRIDGER
VALE ANNEXATION. The covenantsmust requirepriorapproval
of the City
to amend any
institutional control.
c. Landowner must grantaccesstothe
Cityand MDEQ
fortheCitytoconduct
groundwater,
soil,and soilvapor sample
collectionand laboratoryanalysis.Landowner must execute a
declaratioonf institutional controlsto be recordedwith theGallatinCounty Clerkand Recorder
thataddressesitsmonitoring
oftheperformanceofthesub-slab
vapormitigationsystempursuant
totheSampling and
AnalysisPlan prepared
by the Landowner and approved by
the City.Such
accessand otherrequirementswillbe memorializedina
filedand recordeddeclaratioannd such
requirementsmust run with theland.
d. BridgerVale
agreesthatgroundwaterwells,
otherthantheone (1)existing
well located
on theProperty
which servesa home locatedto thenorthoftheProperty,
areprohibited
on the
Property.This restriction may
be liftedforirrigatiopnurposesonlyas determined
solelyby the
City upon a showing by Bridger
Vale or itssuccessorsand assignsthat
groundwaterproposed
forirrigation uses
complieswithMDEQ
water quality
standards.
e. Any futurestructuremsust be
installation per designby a
professionalengineerto mitigateany
environmentalconcernsfrom
groundwater,soil,or soilvapor
contamination,
f. The impositionof best
practicesfor constructionand excavationactivities on the site
includingbut not necessarily
limitedto:conductingconstruction
and excavationactivities in
accordance with applicableOSHA worker
safetyregulations;controlsrelatedto venting
of
excavationtrenches;noticeto workers;
sampling and laboratoryanalysis
of groundwater if
dewatering of groundwater
is necessary;and, if
requiredunder any
stateor federallaw or
regulation,necessarypermittedoff-site
disposalof soiland
groundwater.
16. AdditionalTerms
The partiesrecognizethesedocuments must be filedand ofrecordwiththeGallatin
County Clerk
and Recorder prior
to the saleof any landwithintheBRIDGER VALE ANNEXATION. The
parties
furtheragreethatthe
Citymay filethesedocuments atany
time.
17. Governing Law and Venue
This agreement
shallbe construedunder and governed by the laws of the stateof Montana. In
theeventoflitigation,venue isinthe
EighteenthJudicialDistricCtourt,
inand forCounty of
Gallatin,
Stateof Montana.
18. Attornev'sFees
In the event itbecomes necessary
for eitherparty
to thisAgreement to retainan
attorneyto
enforceany of thetermsorconditionsofthis
Agreement, then theprevailingparty
shallbe entitletdo
reasonableattorney'sfeesand
costs,to includethe salary
and costsof in-housecounselincludingCity
Attorney.
19. Waiver
BridgerVale Annexation Agreement
12
245
No waiver by
eitherpartyof
any breach of any term,
covenant or agreement shallbe deemed a
waiver ofthesame orany subsequentbreachofthissame
orany other
term,covenantoragreement.
No
covenant,term or agreement
shallbe deemed waived by either
partyunlesswaived inwriting.
20. InvalidProvision
The invaliditoyr
unenforceability of
any provisionof thisagreement
shallnot affectthe other
provisionshereof,and this Agreement
shallbe construed in all respects
as if such invalidor
unenforceableprovisionwere omitted.
21. Modificationsor Alterations
No modificationsor amendment of thisAgreement shallbe validunlessevidenced
by a writing
signedby the
partieshereto.
22. No Assignment
Itisexpresslyagreed
thatthe Landowner shallnot assign
thisAgreement
in whole or in part
withoutprior
writtenconsentof theCity.
23. Successors
This Agreement shallbe
bindingupon,inureto thebenefitofand be enforceableby
theparties
heretoand theirrespectiveheirs,
successorsand assignsand
specifically to any subsequentpurchaser
of
theBRIDGER VALE ANNEXATION.
24. Covenants to Run with the Land
The parties
intend that the terms of this Agreement
shallbenefitthe BRIDGER VALE
ANNEXATION and shallbe covenantsrunning
with theland.
BridgerVale Annexation Agreement
13
246
The undersignedLandowner affirmsthat
theyhave authority
to enterintothisAgreement and to
bind themselvestothisAgreement.
**End of Agreement exceptfor
Signatures**
IN WITNESS WHEREOF, the
partiesheretohave causedthisagreement
tobe executedtheday and
yearfirsatbove written.
BridgerVale Annexation Agreement
14
247
LANDOWNER
B ME VA E LLC
By: A re
bbighausen, rarMth4d
STATE OF MONTANA )
.,
:ss /
COUNTY OF GALLATIN ) /
On this day
of QQ$LfV1 ,2018, before
me, theundersigned,
a Notary
Public forthe Stateof Montana, personallyappeared
Andrew Ebbighausen known to me to be
the
LMtium of BRIDGER VALE LLC,
and acknowledged
to me thathe executedthe same for
and on behalfo RIDGER VALE LLC.
IN WITNESS WHEREOF, Ihavehereuntoset
my hand and affixedmy
official sealtheday and
yearfirstabove written.
(SEAL)
n
so, SHANNON L KLOOSTERHOF
*
NotaryPublic Y"\fl
0086
OTAR4.1 fortheStateofMontana
Residingat: (PrintedName
Here)
SEAL. Bozeman, Montana
' Notary PublicfortheStateof BT
My I pires:
Residingat QA\\cch'yl (oWn
My Commission Expires:
3- \R
-71) (
(Use 4
digitsforexpirationyear)
BridgerVale Annexation
Agreement 15
248
CITY OF BOZEMAN
By: rea Surratt,City anager
ATTEST: BO
City Clerk
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On thisb day
of -e e ,
2018,beforeme,
a Notary Publicforthe
stateof Montana, personallyappeared
Andrea Surrattand Robin Crough, known tome tothe
persons
describedinand who executedtheforegoinginstrumentas
CityManager and City
Clerkrespectively,
oftheCityof
Bozeman, whose names aresubscribedtothewithininstrumentand acknowledged
tome
thatthey
executedthesame forand on behalfof saidCity.
IN WITNESS WHEREOF, Ihave hereuntoset
my hand and affixedmy
official sealtheday
and
yearfirsatbove written.
(SEAL)
"A"" BRENDA SWEENEY V-v.b as b M?.e-1Pl
-, NotaryPublic
(PrintedName Here)
sorAny fortheStateofMontana
- -
Residingat.
Not PublicfortheStateofMontana
.SEAL: Bozeman, Montana Residin
--- '
My CommissionExpires: My Commis Exnires:
,,as December02,2022
(Use 4 digits
fore
'
ionyear)
BridgerVale Annexation Agreement
16
249
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 undersignedowner of thereal
propertysituatedinthe
County of Gallatin,
Stateof Montana,
and more particularly describedas
follows:
Remaining TractGLR-1 ofCertificatoef
Survey No. 157 as shown on Certificate of
Survey
No. 1221,locatedintheSouthwest
Quarterof Section31,Township
1 South,Range 6 East
of P.M.M., Gallatin
County, Montana.
Area =
282,687 squarefeet,6.4896 acresor 26,262.5
squaremeters. Subject
to existing
easements.
Metes and Bounds
Beginning attheWest Quarter
Corner of Section31,Township
1 South,Range
6 Eastof
P.M.M.; thenceeasterly088030'20",
assumed azimuth from north,709.72 feet
alongthenorth
lineof saidTractGLR-1; thence
alongthe
boundary of saidTractGLR-1 on thefollowing
courses:southerly177'22'56"azimuth 306.00
feet;southeasterl1y44043'll" azimuth 219.64
feet;westerly267046'48"azimuth 431.13 feet;
northerly357044'23"azimuth 199.65feet;
westerly267046'48"azimuth 399.87 feet;
thencenortherly357041'37"azimuth 299.39 feet
alongthewest lineof saidTractGLR-1 tothePointofBeginning.
IN CONSIDERATION of receivingapproval
forannexationof the subjectpropertyfrom the
City of Bozeman, along
with accompanying rights
and privileges
and for other and valuable
consideration,the receipt
of which ishereby acknowledged,
and in recognitionof the
impact to City
parks,trails, and open space
which willbe caused by the
development of theabove-describedproperty,
theLandowner has waived and does hereby waive for
itself, itssuccessorsand assigns
forevertheright
to protest
the creationof one or more special
forCityparks,trails, and
open spaces,or tomake any
writtenprotestagainstthesizeorareaorcreation
of the district be assessedin response
to a duly passed resolution
of intentionto createone or more
specialdistricts fortheabove describedpurposes
and which would includetheabove-describedproperty.
This waiver ismade for the benefitof the propertydescribedabove and shallbe a covenant
runningwiththeland.
The terms,covenantsand
provisionsof thiswaiver shallextend to,
and be bindingupon the
successors-in-interest and assignsof theLandowner.
DATED this day of
EP,9 9XV1 OF ,2018.
LANDOWNER
G ALE LLC
By: diew Ebbighausen,
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this 6 day
of 18 Q._9.YV\be.Y ,2018, before
me, theundersigned,
a Notary
Public for the Stateof Montana, personallyappeared Andrew
Ebbighausen known to me to be the
lavvtoevity- of BRIDGER VALE LLC,
and acknowledged to me thathe executedthesame for
and on behalfo BRIDGER VALE LLC.
IN WITNESS WHEREOF, Ihave hereuntoset
my hand and affixedmy
official sealtheday and
year firsatbove written.
)SHANNON LKLOOSTERHOF
:' NotaryPubitc
OTAR/4 ifortheStateofMontana
.SEAL. Bozeman, Montana
(PrintedName
Here)
My CommissionExpires.
March17,2021 Notary
PublicfortheStateof BT
Residingat (vt\\rAn 1num
My Commission Expires: S
*\~f
'LOT.,}
(Use 4 digits
forexpirationyear)
BridgerVale Annexation Agreement
18
251
EXHIBIT "B"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
BRIDGER VALE ANNEXATION
The undersigned
owner of therealpropertysituatedinthe
County of Gallatin,
Stateof Montana,
and more particularly describedas follows:
Remaining TractGLR-1 ofCertificatoefSurvey
No. 157 asshown on Certificate of Survey
No. 1221,locatedintheSouthwest
Quarterof Section31,Township
1 South,Range 6 East
of P.M.M., Gallatin
County, Montana.
Area =
282,687 squarefeet,6.4896 acresor 26,262.5
squaremeters. Subject
to existing
easements.
Metes and Bounds
Beginning attheWest Quarter
Corner of Section31,Township
1 South,Range
6 Eastof
P.M.M.; thenceeasterly088030'20",
assumed azimuth from north,709.72 feet
alongthenorth
lineof saidTractGLR-1; thence
alongtheboundary
of saidTractGLR-1 on thefollowing
courses:southerly177022'56"azimuth 306.00
feet;southeasterl1y44643'll"azimuth 219.64
feet;westerly267046'48"azimuth 431.13
feet;northerly357'44'23"azimuth 199.65
feet;
westerly267046'48"azimuth 399.87 feet;
thencenortherly357041'37"azimuth 299.39 feet
alongthewest lineof saidTractGLR-1 tothePointofBeginning.
IN CONSIDERATION of receivingapproval
forannexationofthesubjectproperty
from the
City of Bozeman,
along with accompanying rights
and privileges
and for other and valuable
consideration, thereceipt
ofwhich ishereby acknowledged,
and inrecognitionofthe
impactsto:
a. Manley Road,
b. East and West GriffinDrive,
c. Intersection of Manley Road and EastGriffin
Drive,
d. Intersection of West GriffinDrive and N. 7thAvenue,
e. Intersection ofEast GriffinDrive and BridgerDrive,
and
f. Railroadcrossing
on East GriffinDrive;
followingimprovements: lighting,trafficcontrol,
paying and
subgrade material,curb/gutter,
sidewalk,fiberopticconduit,
and storm drainage
facilities for:
a. Manley Road,
b. Eastand West GriffinDrive,
c. Intersection ofManley Road and EastGriffin
Drive,
d. Intersection ofWest GriffinDrive and N. 7thAvenue,
e. Intersection ofEastGriffinDriveand BridgerDrive,and
f. Railroadcrossingimprovements
on EastGriffinDrive.
Landowner agreesthatfor
transportation facilities under itsdirectcontroltheCity
has thesolerightto
controlthedesignand constructioonfsuch
improvements and may
includeany oftheabove
components
and othersnecessary
toensuresuchimprovements comply
withalladoptedCityinfrastructure
plansand
requirements.Further,theLandowner waives itsright
to make any
writtenprotestagainst
the sizeor
areaorcreationofthedistricbte assessedinresponse
to a dulypassed
resolutionof intentiotno create
one or more specialimprovement districts which would includethe
above-describedproperty.
Intheeventa SID isnotutilizefdorthecompletion
of theseimprovements,the
developeragrees
to participate
inan alternatfeinancingmethod forthe
completionof saidimprovements
on a fairshare,
proportionatebasisas determined
by the City
on the basisof the squarefootageof
property,taxable
valuationof theproperty,
trafficcontributiofnrom thedevelopment
or a combinationthereof.
Thiswaiverismade forthebenefitoftheproperty
describedhereinshallbe a covenantrunning
with theland.
The terms,covenantsand
provisionsof thiswaiver shallextend to,
and be bindingupon the
successors-in-interest and assignsof theLandowner.
BridgerVale Annexation Agreement
20
253
DATED this day of
/ (yvt ,
2018.
LANDOWNER
D R LE LLC
By: nd
Ebbighausen
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this day of E
,2018, beforeme, the
undersigned,a Notary
Public forthe St e of Montana, personallyappeared
Andrew Ebbighausen known to me to be the
y-ec\\
0 f BRIDGER VALE
LLC, and acknowledged
to me thathe executedthesame for
and on behalfof BRIDGER VALE LLC.
IN WITNESS WHEREOF, Ihave hereuntoset
my hand and affixedmy
ofilcial sealtheday and
year firsatbove written.
(SEAL)
,, AKRiSTA JO ASLIN (PrintedName
Here)
NotaryPublic Notary
PublicfortheStateof
or a forthes
alte
ofMontana
Residingat St
.SEAL Bozeman, Montana
My Commission Expires:3-
B 2.2
My co
misosjOE
pires: (Use
4 digitsfor
expirationyear)
BridgerVale Annexation Agreement
21
254
255
256
257
which willbe caused by the
development of the above-describedproperty,
the owner has waived and
does hereby waive for
itself, itssuccessorsand assigns
forevertherightto
protestthecreationofone or
more specialimprovement
districts forthe design and
engineering,construction,and maintenance of
BridgerVale Annexation Agreement
19
252
districts to fund capitalimprovements, operations,and
maintenance of any parks,trails, or
open spaceswithintheannexed areaand/orofa City-widespecial
district to fund capitalimprovements, operations,and maintenance of
parks,trails, and
open spaces
throughoutthe City,
which would provide
a mechanism forthefairand equitable
assessmentof costs
BridgerVale Annexation Agreement
17
250
builtslab-on-gradeand have a sub-slab
vapor mitigation
system, or equivalent,designed
and certifiedby
a professionalengineer
and certifiedto
BridgerVale Annexation
Agreement 11
244
limitedto:
a. This sectioninthisAgreement identifying
the presence
of the adjacent
landfilalnd the
need forongoing monitoring
and reportingofenvironmentalconditions
by sample collectioannd
laboratoryanalysisof groundwater,
soiland soilvapor
on the sitepursuantto a
Sampling and
BridgerVale Annexation Agreement
10
243
enforcepayment of such amount
by levyingan assessment
on theproperty.
B) Electany
otherremedy availableto
City.
14. Assessments
Landowner understandsand agrees
thatafterthisAgreement isrecordedtheBRIDGER VALE
ANNEXATION willbe subjectto
Cityassessmentsforarteriaalnd collectorstreets,
street
maintenance,and treemaintenance on thesame basisas allotherproperties
intheCity.
BridgerVale Annexation Agreement
9
242
B) Transportationimpact feesequal
to the amount per Chpt. 2,
Art.6.Div. 9 BMC, or as
amended, attime of issuanceof a buildingpermit.
BridgerVale Annexation Agreement
8
241
adequate
treatmentof runofffrom the public streets,other
impermeable surfaces,and allfuturelotswillbe
achieved by providingspot elevations,
flow directionarrows,detentionand/orretentionbasindetails
(includingbasin sizing
calculationasnd basin typicalsections)outletstructure ,
details,and culvert
BridgerVale Annexation Agreement
6
239
identifynecessarywater or wastewatersystem
improvements necessaryforthe
proposed development. If
improvements to thiswater or wastewater
system are necessary,
the Landowner agrees prior
to development of the BRIDGER VALE
BridgerVale Annexation Agreement
5
238
theCity.
BridgerVale Annexation Agreement
4
237
2
235
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of the property,
taxable valuation of the 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, provided
however this waiver shall apply to the lands herein described.
I MANLEY ROAD ANNEXATION, #A-04016
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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.
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.
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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.
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determinations shall be
prepared for all wetlands on the property
to be annexed in accordance with Section 18.56. 050 " Wetlands
Mapping."
17. Additional Terms ofWaivers
The parties recognize
that these documents shall be flied and of record with the Gallatin County
Clerk and Recorder prior to the sale of any
land within the MANLEY ROAD ANNEXATION. The
parties further
agree that the
City may ftle these documents at
any time.
I MANLEY ROAD ANNEXATION, #A-04016 7 I
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express intention of the
parties not to be bound by
such a declaration or judgment and,
therefore, notwithstanding any judgment
either limiting impact
fee payments
under
annexation agreements to specifted amounts, or prohibiting any such
payment, landowner
will pay
such amount as specifted above.
10. Stonnwater Master Plan
Landowner understands and agrees
that prior to development of the MANLEY ROAD
ANNEXATION, a stormwater drainage and
grading plan shall be
provided to and approved by
the City
Engineer. The
plan must demonstrate that adequate treatment of runoff from the public streets 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 capacity
calculations. The plan must also locate and provide easements for adequate
drainage ways within the annexation area to transport
treated runoff to the stormwater receiving channel.
The plan
shall also include a stormwater maintenance plan.
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fire impact
fees that are attributable for the existing
residence. At the time of connection to the City' s
water and sewer facilities, the landowners shall pay
all applicable water and sewer impact fees for the
existing residence. At the time of
any further
development on the properties,
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.
If the impact
fees currently imposed pursuant to
Chapter 3.24 of the Bozeman
Municipal Code are subsequently voided or declared invalid by a court of
competent jurisdiction, Landowners
agree to
pay the
City fees or assessments established by
the City
for
impact on City services in accordance with a new or revised Chapter
of the Bozeman Municipal
Code
lawfully enacted as a result of such court decision after the date of the court decision. If, prior to
enactment of such revised Chapter,
the Landowner applies
for any permit
which actuates or would have
actuated impact
fees pursuant to 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 of 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 paid prior to the
I MANLEY ROAD ANNEXATION, #A.04016 5
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shall include notice that, prior to development, the
applicant will
be responsible
for installing any
facilities required to provide full
municipal services to the
property in accordance with the
City of Bozeman' s infrastructure master plans and all
city
policies that
may be in effect at the time of
development.
b) The Montana Department
offish, Wildlife and Parks shall be contacted by
the Applicant
regarding any proposed ditch/ stream relocation and
any required permits (i.e., 310, 404,
Turbidity exemption, etc.) shall be obtained prior to Final Site Plan/ Subdivision approval.
c) Prior to any development
of the subject
annexation, a stormwater drainage and
grading
plan shall be
provided to and approved by
the City Engineer.
The plan must demonstrate
that adequate treatment ofmnofffromthepublic streets and all future lots will be achieved
by providing spot elevations, flow direction arrows, detention and/ orretentionbasin details
including basin
sizing calculations and basin
typical sections), oudet structure details, and
culvert capacity
calculations. The plan must also locate and provide easements for adequate
drainage ways within the annexation area to transport
treated mnoff to the stormwater
receiving channel.
d) Prior to any development
of the subject
annexation, the new street shall be constructed to
follow the City
of Bozeman Local Street Standards with a 31 foot (back
of curb to back of
curb) width. However, sidewalk will only
need to be constructed on the North side of the
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the following City policy:
Prior to annexation of property,
it shall be the policy
of the City
ofBozeman 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 MANLEY ROAD ANNEXATION consists of approximately
1.8 acres ( exclusive of
adjacent right-of-
way). The Landowner understands and
agrees that
they must provide sufficient
water
rights in accordance with the
City' s policy according to the following
schedule:
MANLEY ROAD ANNEXATION, consisting
of a total of 1.8 acres,
shall provide water rights or cash-in-lieu in the amount oU to
the City
ofBozeman, at the time the Annexation Agreement
is submitted.
I MANLEY ROAD ANNEXATION, #A-04016 3
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and fire
protection, to the MANLEY ROAD 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 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 MANLEY ROAD ANNEXATION.
Nothing in this
I MANLEY ROAD ANNEXATION, #A.04016
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west line to the point
of beginning. \ ': I . 21
WHEREAS, the Landowner has petitioned
the City
for annexation of the contiguous tracts; an~' V
WHEREAS, the MANLEY ROAD ANNEXATION is not within the corporate
limits of the
City ofBozeman
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 MCA Tide 7,
Chapter 2, Part 43; and
WHEREAS, all parties recognize
that the annexation of the MANLEY ROAD ANNEXATION
pursuant to Section 7- 2-4301, et
seq., MCA, will entide the said
property to City services,
including
municipal water and sewer service, upon
their availability;
and
WHEREAS, MCA 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 MANLEY ROAD ANNEXATION; and
WHEREAS, all parties recognize
that the development
of the MANLEY ROAD
ANNEXATION will impact Manley
Road and will require
additional public street improvements; and
WHEREAS, the Landowner fmds that this Agreement
will provide
for the most satisfactory and
dependable water supply or service available to furnish water and provide
traffic circulation for
I MANLEY ROAD ANNEXATION, #A-04016
218
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ary Public for the State %
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I TABLEROCK VENTURES, ING. ANNEXA nON AGREEMENT PAGE 13
211
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TABLEROCK VENTURES, INC. ANNEXA nON AGREEMENT 210 PA GE 12
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 209 PA GE 11
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TABLEROCK VENTURES, INC. ANNEXA nON AGREEMENT 208 PAGE 10
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 206 PAGE B
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 205 PAGE 7
and locate and provide easements for adequate drainage ways
within the area to
TABLEROCK VENTURES, INC. ANNEXA nON AGREEMENT 204 PAGE 6
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 203 PA GE 5
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 202 PAGE 4
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 201 PAGE 3
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 200 PAGE 2
SCHEDULE VI - DRY UTILITY IMPROVEMENTS
SCHEDULE VII - LANDSCAPE IMPROVEMENTS
SCHEDULE VIII - ENVIRONMENTAL MITIGATION
* Schedule IV - Sanitary Sewer Improvements have not been included in the total construction costs as part of this SID. Funding for Schedule IV will come from
source other than SID.
SCHEDULE IX - LIGHTING IMPROVEMENTS
SCHEDULE X - ENGINEERING & ADMINISTRATIVE FEES
179
1219.b Road Striping - 4" Wide Striped Yellow Epoxy Paint (9' Stripe/15' Space) 4,425 LF $1.50 $6,637.50
1219.c Road Striping - 4" Wide Solid White Epoxy Paint 500 LF $1.50 $750.00
1219.d Road Striping - 4" Wide Solid White Epoxy Paint (9' Stripe/15' Space) 1,985 LF $1.50 $2,977.50
1219.e Road Striping - 8" Wide Solid White Inlaid Thermoplastic 582 LF $12.00 $6,984.00
1219.f Road Striping - 24" Wide Solid White Inlaid Thermoplastic 80 LF $36.00 $2,880.00
1219.g Median Bullnose Curb Paint - 24" Wide Solid Yellow Epoxy Paint 18 LF $10.00 $180.00
SUBTOTAL $1,220,803.70
SCHEDULE 0 - MISCELLANEOUS
SCHEDULE I - ROAD DEMOLITION & EXCAVATION TO SUBGRADE
SCHEDULE II - ROAD IMPROVEMENTS
178