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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 169 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"). 170 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 172 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....,:.: 10 0: uaJ N_N m- N_N 11.- iiiiiiiii g aJ iiiiiiiii u en E 1- E iiiiiiiii 0 u I: 0 I 0 1: iiiiiiiiiiiiiii >- c; In 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. c/~~~ dA#l.fi:(r () ~ NameHere) Notary Public or the State of Montana Residing at My Commission Expires: At:ttJ~ ; .; tJ() 7 Use 4 digits for expiration year) i I i I ~ \ i I ~ j l t I . I . I , \ ~~"'" t. ' .-'" i ' V\~, ~ .1\0. ..~..... .. ...~- f-~,.. t~. ~..c~, ~.-RJ.-A<: .... ~"~.,-: ~, i.dt ~. 11), \~ t' . .' . i~' ~, f - Ut~ I ; (') ""-. r.u.:- L: - :"~; \ ,~. 1,1. '.. . V.l......,t ~ ...... ~ J;:"~. ... .-- "," .t,$ ,~.... c:;w..",,.,... .t., u.: t". """"",, t) F H. f'5'~/\ 11";" """""",~,,,,, flU,."..",,' I MANLEY ROAD ANNEXATION, #A-04016 8 m.....;.: CITY OF BOZEMAN ATTEST: ~^,' C1erkJlf1ire~~-~ td~ sii;lu 4.1~,';."<'~ ..:_ \.,.:.--;' \' 11; I"l ! ': -' I '' STArif.~fl~~ i\A~ ) J IJ t, " i ... 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) l~ i:':v;" ' 110 /" "", . <' ,--' f '\:\..; j 7 ~ -: 0 " I"I I);h: ; f ~ ' t...-. " .... ;: - c. .... \. ,." ~() J..." .... '" ...c"...- " J,,~. t.( ell , LffY'~~/r ~ tinted Name Here) Notary Public for the tate of Montana Residing at ~ My Commission Expires: 3/2.1:. } / 2no7 Use 4 digits for expiration year) I , 1\" IMANLEY ROAD ANNEXATION, #A-04016 a: g en:! .,:..: 90': to: N_fil 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. I~~' > ~ i' "..' ,',.. ~', 1\ \<.'{ S,enJ) it'- l . .......~;i' - :'''' i. '..'. A ."' iJ ~-". ' 1:. tt..~~ 1 " v'..I.. I.t . ..t ...: \ l. ". '. ' (. .......:;; t .. \\ ..~.....-= l~SfA l' ;~ F.. y r. .""''' It :.:~ c- ." -,a-. " ....-,;; ~ '. A ..'f.....,.\~',*='-... .."...' 1 vF f' 0 . .," If'''' Ut I.(~; t \ ~\\\\...~ I MANLEY ROAD ANNEXATION, #A-04016 l M~ ,TC me Here) Notary PUb/or !;, the State of Montana Residing at n2~ JII1AN' , y} r My Commission Expirestt.s-.';L)? ...,; 2M'" Use 4 digits for expiration year) a: g 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. t.~\\\};~', t' .~~' I' r.1lI . ;..~~ J.rQ' . '(~ t:t!h'" .:. 1'0,. ~ ..':~. .. , rJA : 1", S "t, ..0, ..'" . , . '..'~ ~. l"''' I:A ..- r. ~ Y::_ " '~ 7 1i=t !' - S.E' .. :: r: : T.\\\. ',A . L': . ..:. ~~!.. I ., s.,.... 0p t,~ e\'~\.,," 111"'/ f" I'\\'.)' ame Here) Notary Pu~ the State of Montana Residing a A.~.~ / 11r , My Cornnussi . E~pires: /),,5-7 ; ()ilt>.. tJ '/: Use 4 digtts for expl1: atlon year) , I MANLEY ROAD ANNEXATION, #A-04016 a: g 0'1'<1"-- Qo~ I"9 Nti:ll 232 233 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 N:~ 9 9 E tE: 0 u i I c ii 141 231 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 t- .. Sa; f'C'Je N.~ N" N 0.- 1Sl lSl CD iiiiiiiiii u E 1- E iiiiiiiiii 0 u c iiiiiiiiii .. 0 I 0 li o 1 131 230 O):!':: cg-a: N~ NI~ N:~ Go Go ai iiiiiiiii u CIJ E 0- E o u B ell I 0 1: iiiiiiiii .. L CIJ 121 229 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. IMANLEY ROAD ANNEXATION, #A-04016 a: g 01""" Sa:; 3 Niig: m- N:~ lSl lSl CD iiiiiiiiiiiiiii u E 1- E iiiiiiiiiiiiiii 0 u B Clt 0 c t: iiiiiiiiiiiiiii >- 1 III 228 1II- N:~ E 0 u c: 0 5 101 227 S:: ol!iil 01 ~ N.~ N:~ a a iiiiiiiiiii u en E 1- lI: iiiiiiiiiii 0 u c iiiiiiiiiii = 0 c iiiiiiiiiii :0- iiiiiiiiiii .. r. en 9 I 226 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. I MANLEY ROAD ANNEXATION, #A-04016 m...:: II) og GI ~ N. g: N: j;j ; 0.._ 0 0 u II) E k 0 u iiiiiiiiiiiiiii .. 0 1: 1! II) 8 225 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 m...:.:. In 0: r- ~ NnCDN N_N 0..__ 6 6 CD iiiiiiiiiii 0 In E E iiiiiiiiiii 0 0 c 0 I 0 C iiiiiiiiiii :>- s::. In 224 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. I MANLEY ROAD ANNEXATION, #A-04016 a: IS m.....:.: In 0 ~ OIl ~ N.~ N_N 0.- IS IS QI iiiiiiiii - iiiiiiiii u In E I- E 0 U I: 0 I 0 I: In 6 I 223 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 is m....~ ID oZ ID ~ N.a~_ N_N 0.._ lSJ lSJ CD iiiiiiiiiiiiiii - u C/I E I- E o U I:;; iiiiiiiiiiiiiii .. 0 0 r: t:; C/I 222 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 IMANLEYROADANNEXATION,# A~04016 4 I 01.s:..: .;: :: o~ N:_ N:~ Go Go u III E 1- E 0 u 5 0 I L III 221 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 is m....~ 10 Il;f' 0 g N.~1lII.... N" N Q.- lSl lSl III u E 0 u 5 I> 0 1: iiiiiiiiiiiii .. s::. I/) 220 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 OJ.,...:: liaI' _ ID 0: iN ~ N. re N.iN . 0._ Z CD g IE: IE: D U 5 0 I L 2 I 219 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 I I I I I I I I I S C ALE POINT OF BEGINNING h\ EXISTlNG 60.00' S3T28' 40"[ I COUNTY ROAD NOO'48' 39"w 1237. 30' 3/ 24/ 98 seA B9725E1. DWG TO THE P. O. B. 1a&H THOMAS, DEAN & HOSKINS INC. SE CORNER SEC. 36} T 1 S. R 5 E ENGII-lE;( RINO CONSULTANTS G" CAT ~ AU.S- . ltOlE"IW.""'- J$ PD.l. .t.4ONT, 6.NA fOUND YPC ( GASTON SPQK.t ..... WASt........ GTON LEwlSTC, oN IO.A.HO 217 18,2~O~ t No ary Public for the State % C,/\- \~ f JI@/ .. I .. .' .... . . Residing: 33iJ.rc~ :; f}1641: 1 -. U q1-; 1/ Commission Expires: - 1"J, '-$ / f3. ~ cJU() I TABLEROCK VENTURES, ING. ANNEXA nON AGREEMENT PAGE 13 211 My Comm, Elpiru Nov. li, ~OOO Sea I) ~ . ~ ~.... ~.or ..... .~ . .. ." w . . . . Residing:, -- ii:i .M.(f.ntrJ.-A/ . ' Sr. fA 91/11 T ~. . Commission Expires: /YN. / t) dvG\) 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 I I, e, .'. , t. I,~ I,"" L/ ( ,. c- J>o co . Not~r~ P~ bli~ r the S: at~ of Montana r-' fSeal).: r: f Residing. ':-'/ //' f".-/)'-"""--- , c' 1 1'.", .III '~", "t'" , . .) ~. t \" ." . Commission E'xpires: (//,,>-.>'>:" l ,': "., 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